Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
State Water Control Board

General Notice
Extension of informal comment period for Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580) and Petroleum Underground Storage Tank Financial Responsibility Requirements (9VAC25-590)
Date Posted: 4/5/2017
Expiration Date: 5/1/2017
Submitted to Registrar for publication: NO
No comment forum defined for this notice.

Extension of informal comment period for Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580) and Petroleum Underground Storage Tank Financial Responsibility Requirements (9VAC25-590)

*The informal comment period has been extended until Monday, May 1, 2017.

An informal comment period is being held on changes to the Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580) and Petroleum Underground Storage Tank Financial Responsibility Requirements (9VAC25-590) regulations. The Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580) regulation establishes operation and maintenance requirements and technical standards for tank design and  installation, leak detection, spill and overfill control, corrective action and tank closure.  It also establishes notification, operator training and delivery prohibition requirements in addition to release reporting, investigation, response and corrective action requirements when leaks occur.  The Petroleum Underground Storage Tank Financial Responsibility Requirements Regulation (9VAC25-590) establishes requirements for the demonstration of financial responsibility for cleanup and third party costs associated with petroleum releases from underground storage tanks.

Agency staff have drafted amendments to these regulations in response to recent amendments made by EPA to federal regulations (specifically 40 CFR Part 280) in response to the federal EPAct of 2005.  Revisions have been made to the Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580) and the Petroleum Underground Storage Tank Financial Responsibility Requirements (9VAC25-590) and will be presented to the State Water Control Board at a future meeting.  The agency plans to use the Final Exempt regulatory process as allowed by § 2.2-4006(A)(4)(c) of the Code of Virginia to amend these regulations because they are not materially different from the federal requirements.

Revisions have been made to Virginia’s regulations to be consistent with the recent changes to 40 CFR 280 in the following areas:

  • Secondary containment requirements for new and replaced tanks and piping;
  • Compatibility requirements;
  • Notification changes;
  • Periodic operation and maintenance requirements for UST systems;
  • UST systems deferred in the 1988 UST regulation (e.g., airport hydrant fuel distribution systems, field constructed tanks and emergency power generators);
  • Inclusion of new release prevention and detection technologies;
  • Updating codes of practice;
  • Editorial corrections and technical amendments; and
  • 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.

The draft regulatory language and additional information is available from the DEQ website at:

http://www.deq.virginia.gov/Portals/0/DEQ/Land/Tanks/UST_UST_FARreg-amd4.4.pdf

Prior to presenting this amendment to the State Water Control Board for adoption, the agency is holding an informal comment period.  The informal comment period will end Monday, May 1, 2017.  Anyone wishing to submit written comments for the public comment file may do so by mail, email or fax to Lisa Dewey, Office of Spill Response and Remediation, P.O. BOX 1105, Richmond, VA  23218, phone: 804-698-4216, FAX: 804-698-4266, email: lisa.dewey@deq.virginia.gov .

 

 


Contact Information
Name / Title: Lisa Dewey  / Office of Spill Response and Remediation
Address: PO Box 1105
Richmond, 23218
Email Address: lisa.dewey@deq.virginia.gov
Telephone: (804)698-4216    FAX: (804)698-4266    TDD: ()-