§ 62.1-44.34:15.1. Regulations for aboveground storage tanks.
The Board shall adopt regulations and develop procedures necessary to preventpollution of state waters, lands, or storm drain systems from the dischargeof oil from new and existing aboveground storage tanks. These regulationsshall be developed in substantial conformity with the current codes andstandards recommended by the National Fire Protection Association. To theextent that they are consistent with the Board's program, the Board shallincorporate accepted industry practices contained in the American PetroleumInstitute publications and other accepted industry standards when developingthe regulations contemplated by this section. The regulations shall providethe following:
1. For existing aboveground storage tanks at facilities with an aggregatecapacity of one million gallons or greater:
a. To prevent leaks from aboveground storage tanks, requirements forinventory control, testing for significant inventory variations (e.g., testprocedures in accordance with accepted industry practices, where feasible,and approved by the Board) and formal tank inspections every five years inaccordance with accepted industry practices and procedures approved by theBoard. Initial testing shall be on a schedule approved by the Board.Aboveground storage tanks totally off ground with all associated piping offground, aboveground storage tanks with a capacity of 5,000 gallons or lesslocated within a building or structure designed to fully contain a dischargeof oil, and aboveground storage tanks containing No. 5 or No. 6 fuel oil forconsumption on the premises where stored shall not be subject to inventorycontrol and testing for significant variations. In accordance withsubdivision 5 of this section, the Board shall promulgate regulations whichprovide for variances from inventory control and testing for significantvariation for (i) aboveground storage tanks with Release Prevention Barriers(RPBs) with all associated piping off ground, (ii) aboveground storage tankswith a de minimis capacity (12,000 gallons or less), and (iii) othercategories of aboveground storage tanks, including those located within abuilding or structure, as deemed appropriate;
b. To prevent overfills, requirements for safe fill and shut down procedures,including an audible staged alarm with immediate and controlled shut downprocedures, or equivalent measures established by the Board;
c. To prevent leaks from piping, requirements for cathodic protection, andpressure testing to be conducted at least once every five years, orequivalent measures established by the Board;
d. To prevent and identify leaks from any source, requirements (i) for avisual inspection of the facility each day of normal operations and a weeklyinspection of the facility with a checklist approved by the Board, performedby a person certified or trained by the operator in accordance with Boardrequirements, (ii) for monthly gauging and inspection of all ground watermonitoring wells located at the facility, and monitoring of the well headspace for the presence of vapors indicating the presence of petroleum, and(iii) for quarterly sampling and laboratory analysis of the fluids present ineach such monitoring well to determine the presence of petroleum or petroleumby-product contamination; and
e. To ensure proper training of individuals conducting inspections,requirements for proper certification or training by operators relative toaboveground storage tanks.
2. For existing aboveground storage tanks at facilities with an aggregatecapacity of less than one million gallons but more than 25,000 gallons:
a. To prevent leaks from aboveground storage tanks, requirements forinventory control and testing for significant inventory variations (e.g.,test procedures in accordance with accepted industry practices, wherefeasible, and approved by the Board). Initial testing shall be on a scheduleapproved by the Board. Aboveground storage tanks totally off ground with allassociated piping off ground, aboveground storage tanks with a capacity of5,000 gallons or less located within a building or structure designed tofully contain a discharge of oil, and aboveground storage tanks containingNo. 5 or No. 6 fuel oil for consumption on the premises where stored shallnot be subject to inventory control and testing for significant variations.In accordance with subdivision 5 of this section, the Board shall promulgateregulations which provide for variances from inventory control and testingfor significant variation for (i) aboveground storage tanks with ReleasePrevention Barriers (RPBs) with all associated piping off ground, (ii)aboveground storage tanks with a de minimis capacity (12,000 gallons orless), and (iii) other categories of aboveground storage tanks, includingthose located within a building or structure, as deemed appropriate;
b. To prevent overfills, requirements for safe fill and shut down procedures;
c. To prevent leaks from piping, requirements for pressure testing to beconducted at least once every five years or equivalent measures establishedby the Board; and
d. To prevent and identify leaks from any source, requirements for a visualinspection of the facility each day of normal operations and a weeklyinspection of the facility with a checklist approved by the Board, performedby a person certified or trained by the operator in accordance with Boardrequirements developed in accordance with subdivision 1 of this section.
3. For aboveground storage tanks existing prior to the effective date of theregulations required by this section, when the results of a tank inspectionindicate the need for replacement of the tank bottom, the operator of afacility shall install a release prevention barrier (RPB) capable of: (i)preventing the release of the oil and (ii) containing or channeling the oilfor leak detection. The decision to replace an existing tank bottom shall bebased on the criteria established by regulations pursuant to this section.
4. The Board shall establish performance standards for aboveground storagetanks installed, retrofitted or brought into use after the effective date ofthe regulations promulgated pursuant to this subsection that incorporate alltechnologies designed to prevent oil discharges that have been proven inaccordance with accepted industry practices and shown to be cost-effective.
5. The Board shall establish criteria for granting variances from therequirements of the regulations promulgated pursuant to this section (i) on acase-by-case basis and (ii) by regulation for categories of abovegroundstorage tanks, except that the Board shall not grant a variance that wouldresult in an unreasonable risk to the public health or the environment.Variances by regulation shall be based on relevant factors such as tank size,use, and location. Within thirty days after the grant of a variance for afacility, the Board shall send written notification of the variance to thechief administrative officer of the locality in which the facility is located.
(1992, c. 456; 1993, c. 353; 1994, c. 277; 1996, c. 737.)
§ 62.1-44.34:15.1. Regulations for aboveground storage tanks.
The Board shall adopt regulations and develop procedures necessary to preventpollution of state waters, lands, or storm drain systems from the dischargeof oil from new and existing aboveground storage tanks. These regulationsshall be developed in substantial conformity with the current codes andstandards recommended by the National Fire Protection Association. To theextent that they are consistent with the Board's program, the Board shallincorporate accepted industry practices contained in the American PetroleumInstitute publications and other accepted industry standards when developingthe regulations contemplated by this section. The regulations shall providethe following:
1. For existing aboveground storage tanks at facilities with an aggregatecapacity of one million gallons or greater:
a. To prevent leaks from aboveground storage tanks, requirements forinventory control, testing for significant inventory variations (e.g., testprocedures in accordance with accepted industry practices, where feasible,and approved by the Board) and formal tank inspections every five years inaccordance with accepted industry practices and procedures approved by theBoard. Initial testing shall be on a schedule approved by the Board.Aboveground storage tanks totally off ground with all associated piping offground, aboveground storage tanks with a capacity of 5,000 gallons or lesslocated within a building or structure designed to fully contain a dischargeof oil, and aboveground storage tanks containing No. 5 or No. 6 fuel oil forconsumption on the premises where stored shall not be subject to inventorycontrol and testing for significant variations. In accordance withsubdivision 5 of this section, the Board shall promulgate regulations whichprovide for variances from inventory control and testing for significantvariation for (i) aboveground storage tanks with Release Prevention Barriers(RPBs) with all associated piping off ground, (ii) aboveground storage tankswith a de minimis capacity (12,000 gallons or less), and (iii) othercategories of aboveground storage tanks, including those located within abuilding or structure, as deemed appropriate;
b. To prevent overfills, requirements for safe fill and shut down procedures,including an audible staged alarm with immediate and controlled shut downprocedures, or equivalent measures established by the Board;
c. To prevent leaks from piping, requirements for cathodic protection, andpressure testing to be conducted at least once every five years, orequivalent measures established by the Board;
d. To prevent and identify leaks from any source, requirements (i) for avisual inspection of the facility each day of normal operations and a weeklyinspection of the facility with a checklist approved by the Board, performedby a person certified or trained by the operator in accordance with Boardrequirements, (ii) for monthly gauging and inspection of all ground watermonitoring wells located at the facility, and monitoring of the well headspace for the presence of vapors indicating the presence of petroleum, and(iii) for quarterly sampling and laboratory analysis of the fluids present ineach such monitoring well to determine the presence of petroleum or petroleumby-product contamination; and
e. To ensure proper training of individuals conducting inspections,requirements for proper certification or training by operators relative toaboveground storage tanks.
2. For existing aboveground storage tanks at facilities with an aggregatecapacity of less than one million gallons but more than 25,000 gallons:
a. To prevent leaks from aboveground storage tanks, requirements forinventory control and testing for significant inventory variations (e.g.,test procedures in accordance with accepted industry practices, wherefeasible, and approved by the Board). Initial testing shall be on a scheduleapproved by the Board. Aboveground storage tanks totally off ground with allassociated piping off ground, aboveground storage tanks with a capacity of5,000 gallons or less located within a building or structure designed tofully contain a discharge of oil, and aboveground storage tanks containingNo. 5 or No. 6 fuel oil for consumption on the premises where stored shallnot be subject to inventory control and testing for significant variations.In accordance with subdivision 5 of this section, the Board shall promulgateregulations which provide for variances from inventory control and testingfor significant variation for (i) aboveground storage tanks with ReleasePrevention Barriers (RPBs) with all associated piping off ground, (ii)aboveground storage tanks with a de minimis capacity (12,000 gallons orless), and (iii) other categories of aboveground storage tanks, includingthose located within a building or structure, as deemed appropriate;
b. To prevent overfills, requirements for safe fill and shut down procedures;
c. To prevent leaks from piping, requirements for pressure testing to beconducted at least once every five years or equivalent measures establishedby the Board; and
d. To prevent and identify leaks from any source, requirements for a visualinspection of the facility each day of normal operations and a weeklyinspection of the facility with a checklist approved by the Board, performedby a person certified or trained by the operator in accordance with Boardrequirements developed in accordance with subdivision 1 of this section.
3. For aboveground storage tanks existing prior to the effective date of theregulations required by this section, when the results of a tank inspectionindicate the need for replacement of the tank bottom, the operator of afacility shall install a release prevention barrier (RPB) capable of: (i)preventing the release of the oil and (ii) containing or channeling the oilfor leak detection. The decision to replace an existing tank bottom shall bebased on the criteria established by regulations pursuant to this section.
4. The Board shall establish performance standards for aboveground storagetanks installed, retrofitted or brought into use after the effective date ofthe regulations promulgated pursuant to this subsection that incorporate alltechnologies designed to prevent oil discharges that have been proven inaccordance with accepted industry practices and shown to be cost-effective.
5. The Board shall establish criteria for granting variances from therequirements of the regulations promulgated pursuant to this section (i) on acase-by-case basis and (ii) by regulation for categories of abovegroundstorage tanks, except that the Board shall not grant a variance that wouldresult in an unreasonable risk to the public health or the environment.Variances by regulation shall be based on relevant factors such as tank size,use, and location. Within thirty days after the grant of a variance for afacility, the Board shall send written notification of the variance to thechief administrative officer of the locality in which the facility is located.
(1992, c. 456; 1993, c. 353; 1994, c. 277; 1996, c. 737.)
§ 62.1-44.34:15.1. Regulations for aboveground storage tanks.
The Board shall adopt regulations and develop procedures necessary to preventpollution of state waters, lands, or storm drain systems from the dischargeof oil from new and existing aboveground storage tanks. These regulationsshall be developed in substantial conformity with the current codes andstandards recommended by the National Fire Protection Association. To theextent that they are consistent with the Board's program, the Board shallincorporate accepted industry practices contained in the American PetroleumInstitute publications and other accepted industry standards when developingthe regulations contemplated by this section. The regulations shall providethe following:
1. For existing aboveground storage tanks at facilities with an aggregatecapacity of one million gallons or greater:
a. To prevent leaks from aboveground storage tanks, requirements forinventory control, testing for significant inventory variations (e.g., testprocedures in accordance with accepted industry practices, where feasible,and approved by the Board) and formal tank inspections every five years inaccordance with accepted industry practices and procedures approved by theBoard. Initial testing shall be on a schedule approved by the Board.Aboveground storage tanks totally off ground with all associated piping offground, aboveground storage tanks with a capacity of 5,000 gallons or lesslocated within a building or structure designed to fully contain a dischargeof oil, and aboveground storage tanks containing No. 5 or No. 6 fuel oil forconsumption on the premises where stored shall not be subject to inventorycontrol and testing for significant variations. In accordance withsubdivision 5 of this section, the Board shall promulgate regulations whichprovide for variances from inventory control and testing for significantvariation for (i) aboveground storage tanks with Release Prevention Barriers(RPBs) with all associated piping off ground, (ii) aboveground storage tankswith a de minimis capacity (12,000 gallons or less), and (iii) othercategories of aboveground storage tanks, including those located within abuilding or structure, as deemed appropriate;
b. To prevent overfills, requirements for safe fill and shut down procedures,including an audible staged alarm with immediate and controlled shut downprocedures, or equivalent measures established by the Board;
c. To prevent leaks from piping, requirements for cathodic protection, andpressure testing to be conducted at least once every five years, orequivalent measures established by the Board;
d. To prevent and identify leaks from any source, requirements (i) for avisual inspection of the facility each day of normal operations and a weeklyinspection of the facility with a checklist approved by the Board, performedby a person certified or trained by the operator in accordance with Boardrequirements, (ii) for monthly gauging and inspection of all ground watermonitoring wells located at the facility, and monitoring of the well headspace for the presence of vapors indicating the presence of petroleum, and(iii) for quarterly sampling and laboratory analysis of the fluids present ineach such monitoring well to determine the presence of petroleum or petroleumby-product contamination; and
e. To ensure proper training of individuals conducting inspections,requirements for proper certification or training by operators relative toaboveground storage tanks.
2. For existing aboveground storage tanks at facilities with an aggregatecapacity of less than one million gallons but more than 25,000 gallons:
a. To prevent leaks from aboveground storage tanks, requirements forinventory control and testing for significant inventory variations (e.g.,test procedures in accordance with accepted industry practices, wherefeasible, and approved by the Board). Initial testing shall be on a scheduleapproved by the Board. Aboveground storage tanks totally off ground with allassociated piping off ground, aboveground storage tanks with a capacity of5,000 gallons or less located within a building or structure designed tofully contain a discharge of oil, and aboveground storage tanks containingNo. 5 or No. 6 fuel oil for consumption on the premises where stored shallnot be subject to inventory control and testing for significant variations.In accordance with subdivision 5 of this section, the Board shall promulgateregulations which provide for variances from inventory control and testingfor significant variation for (i) aboveground storage tanks with ReleasePrevention Barriers (RPBs) with all associated piping off ground, (ii)aboveground storage tanks with a de minimis capacity (12,000 gallons orless), and (iii) other categories of aboveground storage tanks, includingthose located within a building or structure, as deemed appropriate;
b. To prevent overfills, requirements for safe fill and shut down procedures;
c. To prevent leaks from piping, requirements for pressure testing to beconducted at least once every five years or equivalent measures establishedby the Board; and
d. To prevent and identify leaks from any source, requirements for a visualinspection of the facility each day of normal operations and a weeklyinspection of the facility with a checklist approved by the Board, performedby a person certified or trained by the operator in accordance with Boardrequirements developed in accordance with subdivision 1 of this section.
3. For aboveground storage tanks existing prior to the effective date of theregulations required by this section, when the results of a tank inspectionindicate the need for replacement of the tank bottom, the operator of afacility shall install a release prevention barrier (RPB) capable of: (i)preventing the release of the oil and (ii) containing or channeling the oilfor leak detection. The decision to replace an existing tank bottom shall bebased on the criteria established by regulations pursuant to this section.
4. The Board shall establish performance standards for aboveground storagetanks installed, retrofitted or brought into use after the effective date ofthe regulations promulgated pursuant to this subsection that incorporate alltechnologies designed to prevent oil discharges that have been proven inaccordance with accepted industry practices and shown to be cost-effective.
5. The Board shall establish criteria for granting variances from therequirements of the regulations promulgated pursuant to this section (i) on acase-by-case basis and (ii) by regulation for categories of abovegroundstorage tanks, except that the Board shall not grant a variance that wouldresult in an unreasonable risk to the public health or the environment.Variances by regulation shall be based on relevant factors such as tank size,use, and location. Within thirty days after the grant of a variance for afacility, the Board shall send written notification of the variance to thechief administrative officer of the locality in which the facility is located.
(1992, c. 456; 1993, c. 353; 1994, c. 277; 1996, c. 737.)
