Current through Register Vol. XLI, No. 37, September 13, 2024
Section 47-63-1 - General1.1. Scope. - This legislative rule governs the registration, construction, installation, upgrading, use, inspection, maintenance, testing, and closure of aboveground storage tanks in this State.1.2. Authority. - W. Va. Code § 22-30-231.3. Filing Date. - June 27, 20161.4. Effective Date. - August 1, 20161.5. Applicability - 1.5.a. The following are excluded from the requirements of this Rule because the Secretary has determined that they are tanks that do not represent a substantial threat of contamination or because they are equipment whose storage of substances is incidental to their predominant usage as equipment:1.5.a.1. Surface impoundments, pits, ponds, lagoons, septic tanks, in ground sumps, or home aeration systems;1.5.a.2. Heating and cooling equipment;1.5.a.3. Equipment or machinery containing substances for operational purposes, such as hydraulic lifts and lubricating oil reservoirs for pumps and motors;1.5.a.4. Tanks containing blasting agents or explosives as defined in 199 CSR1; and1.5.a.5. Aboveground storage tanks that contain water treatment chemicals used for maintaining compliance with NPDES permit effluent limits in treatment systems that are located at facilities subject to either Groundwater Protection Rules for Coal Mining Operations (38 CSR 2F) or a Coal Mining NPDES permit issued pursuant to 47 CSR 30 are not Level 1 tanks for the purpose of this rule unless the tank is located within a zone of critical concern.1.5.b If necessary to protect public health or the environment, the Secretary may designate a change in the level assigned for an AST system. 1.5.c. Nonoperational tanks are subject only to Section 3 (Registration), Section 5.6 (Labeling and Signage Requirements), and Section 11.1 (Nonoperational ASTs) of this Rule because by definition these tanks are empty and will not receive or dispense substances after June 12, 2015.1.5.d. Storage tanks located in an underground area (such as a basement, vault or cellar) are aboveground storage tanks if the tanks are situated upon or above the surface of the floor. Storage tanks located in underground mines are not aboveground storage tanks.1.6 Reference Standards - The industry standards developed by the organizations listed below serve, in part, as the basis for the standards enacted under this Rule. 1.6.a. American National Standards Institute (ANSI), 1819 L Street, NW, 6th Floor, Washington, DC 200361.6.b. American Petroleum Institute (API), 1220 L Street, N.W., Washington, D.C. 200051.6.c. American Society of Mechanical Engineers (ASME), ASME International Three Park Avenue, New York, NY 10016-59901.6.d. American Society for Non-destructive Testing (ASNT), 1711 Arlington Lane, Columbus, Ohio 43228-05181.6.e. American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19429-29591.6.f. Fiberglass Tank and Pipe Institute, 14323 Heatherfield, Houston, Texas 77079-74041.6.g. National Association of Corrosion Engineers (NACE), P. O. Box 218340, Houston, Texas 772181.6.h. National Fire Protection Association (NFPA), Batterymarch Park, Quincy, MA 022691.6.i. Petroleum Equipment Institute, P. O. Box 2380, Tulsa, OK 74101-23801.6.j. Steel Tank Institute (STI), 570 Oakwood Road, Lake Zurich, Illinois 600471.6.k. Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, Illinois 600621.6.l. In this Rule, all referenced standards mean the most recent edition or version.1.6.m. Where there is an irreconcilable conflict between the manufacturer's recommendation, a standard or recommendation published by an industry or professional organization, and a requirement in this Rule, this Rule applies, unless the Secretary otherwise approves.