WVDEP / AST

Regulator Roundtable
Ruth M. Porter, Program Manager
Joe Sizemore, Assistant Chief Inspector

Conflicting Guidance / Regulations

Several tank owners appear to be getting
conflicting instructions from regulators. One
instance was federal regulators vs. state tank
inspector, and another instance between an oil
& gas inspector and a state tank inspector. The
question is with so many regulators having
jurisdiction over the same thing, which one does
a tank owner obey when given conflicting
instructions?
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Conflicting Guidance / Regulations

Internal within WVDEP
DWWM & OOG

WVDEP & USEPA

AST Program & SPCC

22-30-10 Notification Requirements

The regulations requires AST owners to notify, in
writing, potable well and water intake
owners/operators in close proximity of ASTs. If
there is no contact information or exact location
of such a well, notification is not possible. How
do we satisfy this requirement?

22-30-10 Notification Requirements

The name of the public water system is supplied upon
registration of the tank and is available in ESS.
Larger public utilities can be located through the
Public Service Commissions webpage.
http://www.psc.state.wv.us/

Contact information for smaller public water systems

(non-utility such as restaurant, campgrounds, etc..) can
often be found via the internet, local phone books,
county emergency personnel.
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22-30-10 Notification Requirements

Rule 22-30-10 states that owners of a regulated AST must
provide notice directly to the appropriate public water
systems (both surface and groundwater) as well as the county
and municipal emergency response organizations.
Is this an annual or one-time notification requirement?
We notified the local emergency response organizations of
chemicals stored at our facilities when we sent our annual
SARA Tier II reports, will this suffice for the required
notification to the emergency response organizations of this
rule?

22-30-10 Notification Requirements

Is this an annual or one-time notification
requirement?
This requires an initial notification and subsequent
notifications when the substances or storage
capacity at the facility change.

22-30-10 Notification Requirements

We notified the local emergency response
organizations of chemicals stored at our facilities when
we sent our annual SARA Tier II reports, will this suffice
for the required notification to the emergency
response organizations of this rule?
SARA Tier II is a reporting requirement of section 312 of
EPCRA and does satisfy this AST reporting requirement
(22-30-10(b)). I would recommend at a minimum
contacting the local emergency response organizations and
informing them that this prior submittal is intended to
satisfy the relatively new AST reporting requirement.
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22-30-10 Notification Requirements

Are the notifications to the public water
systems still a requirement under the most
recent revision of the rule? We could not find
the language anywhere in the most recent
version of the rule that was eFiled on
6/27/2016.
The requirement for notification to Public Water
Systems is in the AST Act. Chapter 22, Article 30,
Section 10.
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22-30-10 Notification Requirements

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47 CSR 63-11.3 Closure

Please describe the process for the closure of an
AST? More specifically if you wanted to close
the tank and leave it onsite?

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47 CSR 63-11.3 Closure

Notification 30 days prior
Closure Plan & Final Report
Activities in accordance with industry standards
PE, API or STI Inspector performs the work
Office of Environmental Remediation is involved

11.3.h closed tanks left on-site

Rendered unusable and secured against entry
Marked with last substance stored, date closed
and the words Permanently Closed
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47 CSR 63-5.3 - Internal Inspections

Discuss the timeline for internal
inspections for tanks 30,000 gallons or
greater.

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47 CSR 63-5.3 - Internal Inspections

For ASTs installed prior to June 12, 2015
shall follow the requirements of STI SP001 or API
653
STI SP001 requirements are found in Section 8 (of
SP001) and schedule in section 5. Tank size and
configuration are considered in the schedule.
API 653 Section 6 (similar to requirements for new
ASTs in 5.3 of the AST Rule)

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47 CSR 63-5.3 - Internal Inspections

For tank installed on or after June 12, 2015
Every 20 years for tanks without a release
prevention barrier
Every 30 years for tanks with a release prevention
barrier
Or Risk Based Inspection (specified in API 653 /
API RP 580)

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Certified Inspector and PEs

Discuss the scenarios where a certified
inspector is required? (Modifications to a
tank, moving and resetting, closure,
inspections, etc.)
API or STI Certified Inspector
Professional Engineer

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Certified Inspector and PEs

5.1.b.6.a following up on a problem found
during a monthly inspection
Sections 5.2 Annual Inspections
Every 3rd year for Level 1
Every 5th year for Level 2

5.3.d.1 internal inspections

5.4.a evaluation after sustaining damage

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Certified Inspector and PEs

8.2.f for installations in karst terrain
9.2 & 9.3 related to Cathodic Protection System design
and testing after installation (NACE certification)
5.2.b.5.e, 5.3.g, 7.2.a.1 return to service after a Not
Fit for Service determination
9.5.b related to the inspection of interior lining and
coatings
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Certified Inspector and PEs

10.2.g.1.B related to repair of defective
secondary containment structures
11.3.d tank closure

8.4 Modifications does not specify a

certified individual but it does require
inspection in accordance with industry
standards
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47 CSR 63-10.3 Leak Detection

The rule states that installation with a release
prevention barrier is acceptable. Is a concrete
pad considered a release prevention barrier
(assuming the material is compatible and meets
the permeability requirements)? Must the pad
have channels to visually detect any leak?

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47 CSR 63-10.3 Leak Detection

A concrete pad is a release prevention barrier and
is specifically mentioned in the definition of a
release prevention barrier at 2.54.
The definition is specifies the pad must channel
the released material for leak detection.
Actual grooves are not necessary, but it must
adequately channel the material out from under
the tank to where it can be visually observed
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Release Prevention Barrier defined

Release prevention barrier means a barricade
such as steel bottoms, synthetic materials, clay
liners or concrete pads placed in the bottom of
or under a tank, which has the function of
preventing the escape of released material and
channeling the released material for leak
detection. (47 CSR 63-2.54)

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47 CSR 63-4
AST Certificates to Operate
Have the AST Certificates to Operate been
issued? Companies indicated they havent
been received, though they have submitted
registration forms for all ASTs and have a Level
1 tank.
WVDEP issues Certificates to Operate after
payment of applicable Annual Fees
These fees are due December 19, 2016.
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Login to ESS

Click The AST tanks button

Select the WVDEP AST tank owner

(one set of login information can be associated with
multiple accounts)
Owner Select

Click the certificates button

ABC Company

Click the companies address in the pop-up window that

appears

ABC COMPANY ADDRESS

ABC

Company Address

2014-0000000

000-00000000

2014-0000000

000-00000000

47 CSR 63-6.2 Reporting of Releases

Is there a minimum volume threshold for reporting
a confirmed release? Do confirmed releases from
tanks other than Level 1 tanks need to be reported
as well?
There is no minimum threshold for reporting.
All confirmed releases must be reported. Any
release (from ASTs or otherwise) that has the
potential to impact waters of the state must be
reported as required by 47CSR11 and 47CSR58.
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47 CSR 63-5.1 Routine Inspections

Is there a grace period for performing the
Secondary Containment Structure Inspections and
monthly AST inspections? We noticed that the tank
certification is required within one hundred eighty
(180) days of the effective date of this rule.

No, not for the monthly inspections.

Secondary containment does have a three /
six month phase in period.
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Thank You!!
Questions??
Ruth M. Porter (304) 926-0499, ext. 1007
Joseph M. Sizemore (304) 926-0499, ext. 1314
Melissa McCune (304) 465-1911, ext. 3053

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