Secondary Containment
The Virginia DEQ will be amending the Underground Storage Tanks: Technical Standards and Corrective Action Requirements Regulation (9 VAC 25-580) to incorporate requirements of the federal Energy Policy Act of 2005. The Energy Policy Act, in part, requires states receiving federal grant funds to promulgate regulations that require tank owners and operators to comply with ONE of the following:
1. Tank and Piping Secondary Containment: Each new or replaced underground storage tank (UST), or piping connected to any new or replaced tank that is within 1,000 feet of any existing community water system or any existing potable drinking water well must be secondarily contained and monitored for leaks.
OR
2. Evidence of Financial Responsibility and Certification: Any person who manufactures or installs an UST or piping must maintain evidence of financial responsibility in order to provide for the costs of corrective actions directly related to releases caused by improper manufacture or installation. This option would also require certification or licensing of UST installers.
At this time most states are amending their regulations to require secondary containment rather than manufacturer/installer financial responsibility. The Virginia DEQ anticipates choosing the secondary containment option, as well.
EPA has promulgated implementation guidelines on secondary containment, effective February 8, 2007, for states to use in developing their regulations. The Virginia DEQ encourages owners who install new or replacement UST systems to follow the intent of these guidelines (see Secondary Containment Guideline ) until the amended state regulation becomes effective.
Delivery Prohibition
As of August 8, 2007, pursuant to the Energy Policy Act of 2005, it will be unlawful to deliver petroleum to or accept petroleum into an UST that has been identified by EPA or the Virginia DEQ as ineligible for delivery. As part of the regulatory amendment process, the Virginia DEQ will detail the specific process for implementing this provision. The procedures will include the criteria for determining which USTs are ineligible for delivery, the mechanisms for marking ineligible tanks and providing notice to owners and delivery companies that an UST has been deemed ineligible for delivery, and the process for reclassifying an UST as eligible for delivery. The guidelines that the Virginia DEQ will follow to develop its delivery prohibition procedures can be found at: Delivery Prohibition Guideline .
The Virginia DEQ anticipates the new state amendments becoming effective in late 2008 or early 2009.