Main Menu

List of Previously Asked Questions...

1. What analyses are required when closing a regulated UST?

Samples collected during the closure of regulated USTs containing petroleum must be analyzed for total petroleum hydrocarbons using an appropriate EPA or DEQ approved analytical method. Samples collected during the closure of regulated USTs containing regulated substances other than petroleum must be analyzed for the substances or constituents present in the tank. Please see Section 7 of the Storage Tank Program Technical Manual for additional information about tank closure requirements.

Persons closing regulated USTs containing petroleum are required to collect soil or water samples from locations where a release would most likely be detected if one occurred. The samples must be analyzed for TPH by an EPA Method or a method approved by the Department of Environmental Quality (DEQ). Table 5-3 in the Storage Tank Program Technical Manual (Technical Manual) contains a list of analytical methods that are considered “approved” by DEQ.

Persons closing regulated USTs containing non-petroleum regulated substances must collect and analyze samples for the regulated substances that were stored in the tanks. If a tank contained xylene, the person closing the tank must analyze samples for xylene.

2. What analyses are required when closing a home heating oil tank?

Home heating oil tanks are exempt from the UST Technical Regulation and persons operating these tanks are not required by DEQ to collect samples during tank closure. If evidence of a release of heating oil is found, however, the tank operator is required to report the release to DEQ.

Home heating oil tanks are exempt from the UST Technical Regulation. The DEQ has no regulatory requirements for closing home heating oil tanks. Persons closing home heating oil tanks are not required to collect samples during tank closure operations. If a discharge of oil is discovered during closure, the tank operator is required to report the discharge to DEQ immediately upon learning of the discharge.

3. What are DEQ's “action levels”?

The term “action level” may have different meanings depending upon the individual and the context. Within the DEQ Storage Tank Program, “action levels” are mostly related to : (a) reporting requirements; and (b) clean-up levels or requirements.

Reporting Requirements

Owners and operators of regulated USTs are required to report suspected or confirmed releases to DEQ within 24 hours of discovering the release. Persons closing regulated USTs must report the following concentrations to DEQ:

a.) a TPH concentration in soil that is greater than or equal to 100 mg/kg
b.) a TPH concentration in water that is greater than or equal to 1 mg/l
c.) the concentration of any regulated substance that exceeds the detection limit for that substance Persons closing ASTs having a capacity of greater than 660 gallons of oil must report the following concentrations immediately upon receiving analytical results:

a.) a TPH concentration in soil that is greater than or equal to 100 mg/kg
b.) a TPH concentration in water that is greater than or equal to 1 mg/l
c.) the concentration of any petroleum constituent (e.g. benzene) that exceeds the detection limit for that constituent.

If samples are collected at any time other than UST closure (example: environmental site assessments for property transfer), persons must report analytical results that are greater than the detection limit for any regulated substance.

For additional information on reporting requirements, persons should refer to Chapter 2 of the Technical Manual.

Clean-up Levels

Clean-up levels or remedial endpoints are site specific and risk based. The reporting thresholds listed above are not remedial endpoints.

4. What analytical methods are acceptable?

The UST Technical Regulation states that samples collected for site characterization shall be tested according to established EPA analytical methods or methods approved by the Board. Generally, analyses performed after a release has been reported to DEQ should be agreed to by the tank owner/operator, consultant, and DEQ Case Manager as part of the Activity Authorization process. Table 5.4 of the Storage Tank Program Technical Manual contains a list of methods commonly used for analyzing petroleum or various petroleum constituents. The methods listed in this table are considered “approved” by the DEQ Storage Tank Program provided that they are applied appropriately.

The UST Technical Regulations state that persons must use EPA analytical methods or methods that are approved by the Board (i.e. DEQ). Table 5-3 of the Technical Manual provides a list of analytical methods that are considered “approved” by the Storage Tank Program provided that the method used is appropriate for the product of concern

Back to Top

A. Regular Claim Processing

1. What do I need to submit in order submit a claim for reimbursement?

   Send a properly completed Reimbursement Application (Form 1) and Cost or Bid Worksheets, along with all associated invoices to DEQ Central Office in Richmond. Also, send a properly completed Activity Authorization Form (AAF) and, if applicable, a completed Bid Work Progress Form to the appropriate DEQ Regional Office. (Forms and addresses are included in Volume I of the Reimbursement Guidance Manual which can be downloaded from the Download Documents page).

2. How do I determine the correct claimant name for Form 1 (Line 1)?

   The claimant name should be the petroleum tank owner/operator whom DEQ has designated as the Responsible Person for the cleanup at the site.

3. When should I submit a Substitute IRS W-9 Form?

   The Substitute IRS W-9 Form is filled out by the responsible party and submitted with the first claim application or when Federal Tax information changes.

4. When should I submit a Form 2-Payment Assignment Form and Substitute W-9?

   When a Responsible Party assigns the proceeds of a reimbursement application to another party, Form 2 must be filled out. The assignment applies to the application in which it is submitted and the reconsideration of that application.

5. How do I determine the net annual profits for an AST Storage Capacity in Part VII of Form 1?

   The net annual profits should be based on the financial statements from the fiscal year preceding the date the release was reported to DEQ.

6. What is the claim filing deadline?

   All reimbursement claims must be filed with DEQ no later than two years from the remediation case closure date.

7. How can I tell when a case was closed?

   A case is closed the day that DEQ sends a letter indicating that no further action is required at the site. Please note that a case closure is not the same that as a tank closure. A case closure means DEQ sent a letter stating no further assessment or cleanup action is required at the leaking tank site. A tank closure means you removed a tank or closed it in place and notified DEQ of the action.

8. Why did DEQ reject my claim?

   DEQ rejects claims when an application is lacking information or it is improperly submitted so that it cannot be processed. The rejection letter from DEQ will provide you a written explanation of why it could not process your claim application and inform you what you need to submit or correct to process you claim.

9. X-Code Document Frequently Asked Questions

Back to Top

B. Reconsiderations

1. What types of errors can be corrected in the Reconsideration Process?

   Please refer to section 4.4 of the Virginia Petroleum Storage Tank Reimbursement Guidance Manual for this information. If you do not have a copy you may obtain one by calling (804) 698-4452 or download from the Download Documents page.

2. How long does it take to process a Reconsideration Application?

   The processing time usually takes no more than 90 days from the time of submittal of the Reconsideration Claim Form.

3. What is a Reconsideration Conversion Request Form?

   For those claimants or representatives of claimants who elect to participate in a face to face meeting before the Reconsideration Panel Members as indicated on the Notice of Intent form the request is used to waive the right to the meeting by having the claimant sign the Conversion Request Form. The Conversion Request Form is faxed to the claimant and/or their representative along with a letter and copy of the claim decision once the claim is processed.

4. How will I be notified in order to schedule a meeting with the Reconsideration Panel?

   Claimants or representatives of claimants who elect to participate in a face to face meeting before the Reconsideration Panel Members as indicated on the Notice of Intent form will receive a letter identifying the contact person at the DEQ who is responsible for coordinating a meeting with the DEQ Panel members. This letter will be faxed to you along with the Reconsideration Claim Decision. The claimant and/or his representative must respond within 21 days of receipt of the faxed decision or a meeting will be automatically scheduled.

5. How will I be notified of the Reconsideration Claim decision if I choose to respond in Writing Only?

   Those claimants who elect to participate in a claim decision in writing only as indicated on the Notice of Intent Form will receive their claim decision through the mail. You may always call the customer service line at (804) 698-4358 if you desire any additional information.

6. Can the reconsideration Panel Meeting be rescheduled?

   The Reconsideration Panel meeting can only be rescheduled in the case of a bonafide emergency. If this becomes necessary please contact the Reconsideration Claim Processing team at (804) 698-4282.

7. What types of supporting documentation should be submitted with the claim?

   A Denial Code Response Key is included in the information mailed to you along with your original claim decision. Each individual cost denied in your claim will be assigned an applicable code number to reference. The Response Key will gives you an indication of how to respond to each denial code. The technical reviewer may desire additional information be submitted in response to the Technical Reviewer Conference.

8. Are there any Instructions on how to file a Reconsideration Claim?

   Reconsideration Procedures Applicable to all Reimbursement Claims issued after January 1, 1998 are sent to the claimant along with their original claim decision by mail. If you did not obtain a copy you may call the customer service number at (804) 698-4452.

  Back to Top

1. What regulations apply to my home heating oil tank?

All underground home heating oil tanks are exempt from the DEQs State and federal Underground Storage Tank (UST) Technical Regulations. Aboveground home heating oil tanks less than or equal to 5,000 gallons capacity are exempt from the DEQ's Pollution Prevention requirements. Discharges of oil are prohibited by Article 11 of State Water Control Law and must be reported to DEQ immediately. Always check local building/fire codes and ordinances to see if any apply to your heating oil tank.

2. What do I do with a home heating oil tank that is no longer being used?

Check with your local building/fire code officials for local codes or ordinances that may pertain. Potential buyers are sometimes reluctant to purchase property with abandoned or improperly closed home heating oil tanks; therefore, closure may prove beneficial. Removal eliminates a potential threat to the environment.

3. If I choose to remove my home heating oil tank, what are the requirements?

Inquire with your local building/fire officials to see if a local building permit and any inspections are required to remove or demolish the structure. You do not need to contact the DEQ unless you discover signs of a leak, spill, or contamination.

4. What do I do if I discover evidence of a leak?

If you discover signs of a leak or spillage such as stains on the soil, strong petroleum odors, puddles of oil, etc., your local DEQ Regional Office must be notified immediately. Please refer to the end of this page at the bottom of the summary for the addresses and telephone numbers of the DEQ Regional Offices. The DEQ staff will provide you with the appropriate procedures to follow.Work performed more than 24 hours prior to reporting a leak to DEQ or local official is not eligible for reimbursement.

5. What kind of companies do this sort of work?

Often, you can find them in the telephone yellow pages under “Environmental Consultants”. When choosing a firm get several estimates and references. You can find them in the telephone yellow pages under “Environmental Consultants”. There is also a list of Consultant/Contractors which can be downloaded from the Files & Forms webpage.

Back to Top