Aboveground Storage Tanks

Aboveground Storage Tanks

Article 11 of the State Water Control Law addresses ASTs. The Virginia State Water Control Board in 1998 adopted the regulation, 9 VAC 25-91-10 et seq., which consolidated three repealed regulations, that is, (i) Oil Discharge Contingency Plans and Administrative Fees,9 VAC 25-90-10 et seq. (ii) Facility and Aboveground Storage Tank Registration Requirements), 9 VAC 25-130-10 et seq., and (iii) Aboveground Storage Tanks Pollution Prevention Requirements, 9 VAC 25-140-10 et seq.

The AST regulations were revised on November 1, 2015. The AST regulations were revised primarily to incorporate new performance standards for certain aboveground storage tanks located in the City of Fairfax as mandated by the 2011 General Assembly. Other changes align Virginia's regulatory requirements with federal requirements and current industry standards.

Federal Requirements

At the federal level, EPA’s oil spill prevention program includes the Spill Prevention, Control, and Countermeasure (SPCC) and the Facility Response Plan (FRP) rules. The SPCC rule helps facilities prevent a discharge of oil into navigable waters or adjoining shorelines. The FRP rule requires certain facilities to submit a response plan and prepare to respond to a worst case oil discharge or threat of a discharge. Further information and guidance on the federal SPCC and FRP oversight is available here: https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations.

Locality-Specific Requirements

In addition to federal and state requirements, local building and fire codes may apply to the location, construction, operation, monitoring, and closure of new or existing ASTs.  Local building and fire officials should be consulted to determine applicability of local building and fire codes.

Summary of General AST Requirements

AGGREGATE FACILITY CAPACITY - Gallons    0 to ≤ 660  >660 to < 25K ≥ 25K to < 1MM ≥ 1MM
AST REQUIREMENT  Regulatory
 Reference
 9VAC25-91
       
Excluded from Regulation 30.A.3 X      
Registration of Tank(s) w/DEQ  100.A   X X X
Re-registration every 5 years  100.F   X X X
Registration of Tank(s) w/Local Officials 100.G   X X X
Closure Assessment 120   X X X
Record-keeping 150  
X X
Inventory Control Testing 130.B.1     X X
Secondary Containment  130.B.2     X X
Safe Fill & Shutdown 130.B.3     X X
Pressure Testing of Pipes 130.B.4     X X
Visual Daily & Weekly Inspection of Tanks 130.B.5     X X
Training of Individuals 130.B.6     X X
Leak Detection 130.B.7     X X
Formal Inspection (new tanks) 130.C.1       X
Formal Re-inspection  130.C.2       X
Safe Fill & Shutdown & High Level Alarm 130.C.3       X
Cathodic Protection of Piping  130.C.4       X
Oil Discharge Contingency Plan (22 items)  170     X X
Groundwater Characterization & Monitoring 180 & 190       X

horizontal rule

Aboveground Storage Tank Financial Requirements

The Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements Regulation, 9 VAC 640-10 et seq. requires operators of pipelines and operators of aboveground storage tank (AST) facilities having a maximum aggregate storage capacity of 25,000 gallons or greater to demonstrate that they have adequate financial resources to perform their responsibility to contain and cleanup any oil discharges which may occur at their facilities. Any operator of a regulated AST facility and any operator of a pipeline facility must demonstrate financial responsibility in accordance with the regulation. The regulation provides for a variety of financial mechanisms with which an operator may demonstrate that they have adequate financial resources. Types of mechanisms range from self-insurance to letters of credit. The language for each type of mechanism is provided in the regulation. Operators must update the documents annually and maintain them at the facility or at corporate headquarters if the headquarters is located within the Commonwealth.   A fact sheet is available to provide more information on the AST financial responsibility requirements.

Back to Top  Back to Top

 




footer divider
footer divider
footer divider
Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


Some resources on this website require Adobe Reader and Flash Player, Microsoft Word, PowerPoint or Excel. If you wish to receive this content in an accessible format pursuant to Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. ยง 794 (d)), please call 800-592-5482. In addition, this website includes hyperlinks to websites neither controlled nor sponsored by DEQ or the Commonwealth of Virginia. Links may open in a new window. If you wish to receive content from a website which is neither controlled nor sponsored by DEQ or the Commonwealth, please contact the host of that website directly.

Privacy Statement | Terms Of Use | WAI Compliance | Contact Us