Aboveground Storage Tank Regulation Overview

The State Water Control Board in 1998 adopted a regulation, 9 VAC 25-91-10 et seq., which consolidated three repealed regulations, that is, (i) Oil Discharge Contingency Plans and Administrative Fees for Approval, 9 VAC 25-90-10 et seq. (VR 680-14-07), (ii) Facility and Aboveground Storage Tank Registration Requirements, 9 VAC 25-130-10 et seq. (VR 680-14-12), and (iii) Aboveground Storage Tanks Pollution Prevention Requirements, 9 VAC 25-140-10 et seq. (VR 680-14-13), relating to facilities and ASTs located in the Commonwealth that have an aboveground storage capacity of 25,000 gallons or more of oil into a single regulation. Note: AST Registration is required for ASTs greater than 660 gallons.) Concurrently the board repealed the three previously existing regulations. Section 62.1-44.34:15.1.5 was added which required the Board to establish criteria for granting variances from the AST Pollution Prevention Requirements (9 VAC 25-91-130 et. seq.). This new regulation incorporates statutory amendments and aids DEQ's efforts to eliminate duplication, provide uniformity in regulation, streamline government services, and increase performance and efficiency. The DEQ has reviewed final facility response plan regulations implementing the provisions of the federal Oil Pollution Act of 1990 and found them to be congruous, in most cases, with the ODCP requirements of 9 VAC 25-91-170 et seq. To better facilitate a one plan concept, DEQ will evaluate and take the necessary steps to accept USCG and EPA approved response plans either wholly or with state-specific information added. All actions are expected to be beneficial to the regulated community as well as the DEQ. The primary advantages of this regulation for the public, the DEQ and the Commonwealth of Virginia are :

1. to provide the regulated community with a coordinated federal/state approach by DEQ's acceptance, in most cases, of federally approved response plans;
2. to provide regulatory relief and variance options to those facilities and oil products addressed in the 1994 amendments to state law;
3. to consolidate the exclusions of the three previously existing regulations and add exemptions required by statutory amendments for uniformity and lessen the burden of duplicated regulation on the regulated community;
4. to consolidate the definitions of the three previously existing regulations and incorporate additional definitions in order to provide uniformity, clarity and lessen the burden of duplicated regulation on the regulated community;
5. to provide criteria for granting variances for the pollution prevention requirements; and
6. to provide pollution prevention requirements for facilities not engaged in the resale of oil.

The Law

62.1-44.34:14 Definitions.

62.1-44.34:15 Oil discharge contingency plans.

62.1-44.34:15.1 Regulations for aboveground storage tanks.

62.1-44.34:16 Financial Responsibility.

62.1-44.34:17 Exemptions.

62.1-44.34:18 Discharge of oil prohibited; liability for permitting discharge.

62.1-44.34:19 Reporting of discharge.

62.1-44.34:19.1 Registration of aboveground storage tanks.

62.1-44.34:19.2 Record keeping and access to records and facilities.

62.1-44.34:20 Enforcement and penalties.

62.1-44.34:21 Administrative fees.

62.1-44.34:22 Applicability of Administrative Process Act.

62.1-44.34:23 Exceptions.

AST Regulation

9 VAC 25-91-10 et seq. Click on this link, then click on “Facility & Aboveground Storage Tank Regulations” under the heading of Petroleum Storage Tank Regulations. This will allow you to download a PDF file. There is a Tank Database for downloading, which lists current registered tanks and all leaking tanks.  Effective March 2, 2001, the Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements Regulation, 9 VAC 25-640-10 et seq. requires operators of aboveground storage tank (AST) and pipeline facilities to demonstrate that they have adequate financial resources to perform their responsibility to contain and cleanup any oil discharges which may occur at their facilities. Any operator of a regulated AST facility having a maximum aggregate storage capacity of 25,000 gallons or greater and any operator of a pipeline facility must demonstrate financial responsibility in accordance with the regulation. A Fact sheet is available to provide more information on the AST financial responsibility requirements. Operators must maintain documentation of their financial responsibility as proof that they can pay their share of containment and cleanup if a release should occur. The regulation provides for a variety of financial mechanisms with which an operator may demonstrate. Types of mechanisms range from self-insurance to letters of credit. The language for each type of mechanism is provided in the regulation. Operators must update the documents annually and maintain them at the facility, or at corporate headquarters if the headquarters is located within the Commonwealth.

Files for downloading

There are two documents for downloading from the Guidance webpage, the "ODCP Application" form and the "Renewal of an ODCP" form.

The AST registration form 7540A, (scroll down to access the form) is available for downloading from the Files and Forms page. There are two versions; one is for filling out online and submitting via email; and the other is to download from the web or printed, filled out using a pen, and submitted via regular mail. Also available is the Registration and Releases database files.

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