Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
State Water Control Board
chapter
Underground Storage Tanks: Technical Standards and Corrective Action Requirements [9 VAC 25 ‑ 580]
This action is exempt from the executive branch review process.
Action:
Amendments required by changes made to the federal UST regulation, 40CFR280
 
General Information
Action Summary On July 15, 2015 EPA published in the Federal Register a final rule titled "Revising Underground Storage Tank Regulations - Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training." This federal rule modified regulatory requirements concerning Underground Storage Tanks found in 40 CFR Part 280. These federal regulations were adopted in response to the federal Energy Policy Act (EPAct) of 2005. Prior to revising federal regulations, EPA issued guidance to states concerning the requirements found in the EPAct of 2005. Pursuant to this guidance, the State Water Control Board promulgated amendments to Virginia’s UST regulation that became effective on September 15, 2010 that addressed operator training, delivery prohibition and secondary containment requirements. These amendments were subsequently reviewed by EPA. This regulatory action incorporates additional changes made by EPA to federal regulations (specifically 40 CFR Part 280) primarily in response to the federal EPAct of 2005. The federal regulations addressed some topics previously detailed in guidance issued by EPA on the EPAct of 2005. This regulatory action revises Virginia's Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580) and Virginia's Petroleum Underground Storage Tank Financial Responsibility Requirements (9VAC25-590) to include requirements found in 40 CFR Part 280. Amendments to Virginia's Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580) have been made to be consistent with the modifications in 40 CFR Part 280 as follows: • Secondary containment requirements for new and replaced tanks and piping; • Compatibility requirements; • Notification changes; • Periodic operation, inspection and maintenance requirements for UST systems; • UST systems deferred in the 1988 UST regulation; • Inclusion of new release prevention and detection technologies; • Updating codes of practice; and • Editorial corrections and technical amendments. As part of this regulatory action, Virginia is revising its secondary containment requirements to be consistent with EPA’s regulatory requirements. Virginia is retaining (with minor revisions) its existing operator training and delivery prohibition requirements which were based on EPA’s previous guidance. Additionally, 40 CFR 280 Subpart H - Financial Responsibility requirements were also revised as part of EPA’s July 15, 2015 final rule. In Virginia, financial assurance requirements for underground storage tanks are located in a separate regulation from the technical standards for underground storage tanks. Virginia's Petroleum Underground Storage Tank Financial Responsibility Requirements (9VAC25-590) are being revised as part of this regulatory action. USTs previously deferred from regulation, airport hydrant fuel distribution systems, field constructed tanks and USTs that are temporarily closed are now required to comply with financial responsibility requirements.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from the Administrative Process Act. The normal executive branch review process is not required.
Exempt Citation: 2.2-4006 A 4 c of the Code of Virginia
RIS Project Yes  [004454]
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
7995 Final Submitted to the Registrar and awaiting publication (9/4/2017).
 
Contact Information
Name / Title: Russell P. Ellison 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address: russell.ellison@deq.virginia.gov
Phone: (804)698-4269    FAX: (804)698-4266    TDD: ()-

This person is the primary contact for this chapter.