W. Va. Code R. § 47-63-11

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-63-11 - Nonoperational, Change in Service, and Closures of AST Systems

11.1 Nonoperational ASTs. - An AST is considered nonoperational when the tank is empty and will not have fluids deposited in or dispensed out of the tank on or after June 6, 2014. Nonoperational ASTs cannot be returned to service.

11.1.a. Nonoperational ASTs must be registered and labeled in accordance with requirements of § 22-30-11.

11.1.b. The owner or operator must permanently close AST systems located within the zone of critical concern that have been in nonoperational status for seven (7) years, unless the time frame for retaining the AST system in nonoperational status is extended by the Secretary upon request of the owner or operator and for good cause shown.

11.2 Changes In Service for ASTs. - A change in service to a registered aboveground storage tank includes, but is not limited to, a change in nature of contents, relocation, or permanent closure.

11.2.a. The owner or operator shall amend its registration in accordance with subdivision 3.1.d of this Rule when performing a change in service.

11.2.b. The owner or operator shall document that any new substance to be placed in the AST is compatible with the AST system components and with the secondary containment measures for the AST system.

11.2.c. The owner or operator shall ensure proper handling, storage, and disposal procedures of all of the AST system contents and cleaning materials during a change in service procedure. These materials must be reused, treated or disposed of in accordance with State and federal requirements.

11.2.d. The owner or operator shall submit a modified Spill Prevention Response Plan for regulated ASTs, if required, by subsection 5.5 of this Rule.

11.3 Permanent Closure of Regulated AST Systems

11.3.a. To place a regulated AST system in permanent closure, the owner or operator must empty and clean the AST, piping, and any associated equipment by removing all liquids and accumulated residues. All tanks permanently taken out of service must be either dismantled and removed from the site or rendered unusable for the storage of any substance.

11.3.b. At least thirty (30) days before beginning a permanent closure, the owner or operator shall notify the Secretary in writing of its intent to permanently close the regulated AST system, unless the action is in response to a corrective action ordered by the Secretary. A waiver of the thirty (30) day notice may be granted by the Secretary upon request of the owner or operator and for good cause shown.

11.3.c. Closure activities must be performed in accordance with industry standards (such as API, NFPA, and STI) and closure guidance documents developed by the Secretary.

11.3.d. Closure activities must be performed by a professional engineer, a person certified by API or STI or a person holding certification under another program approved by the Secretary.

11.3.e. The owner or operator shall submit a closure plan for review and approval by the Secretary at least thirty (30) days prior to closure. The owner or operator must measure for the presence of a release where contamination is most likely to be present at the AST site and consider the method of closure, the nature of the stored substance, the analytical methods to be performed, the type of backfill, the depth to ground water, and other factors appropriate for identifying the presence of a release.

11.3.f. The tank owner or operator shall submit a minimum of three (3) copies of the closure report to the Secretary no later than sixty (60) days after the closure has been completed. The closure report shall describe the regulated AST system closure procedures, including findings of any closure sampling required as part of the closure. The owner or operator shall retain a copy of the closure report for a minimum of three (3) years. If records cannot be maintained at a closed facility or an alternative site, the tank owner or operator may transmit the permanent closure records to the Secretary.

11.3.g. If contaminated soil, sediment, surface water or groundwater or free product is discovered outside of secondary containment or confirmed by either direct observation or indicated by the analytical results of the closure sampling, the owner or operator shall report the release immediately and comply with section 7 of this Rule.

11.3.h. Tanks that undergo permanent closure and left onsite shall be rendered unusable for the storage of any substance and shall be secured against unauthorized entry. The regulated AST is to be legibly marked by placing a stencil in a readily visible location that states the name of the last substance stored in the AST, the date of closure, and the words "Permanently Closed".

W. Va. Code R. § 47-63-11