W. Va. Code R. § 47-63-5

Current through Register Vol. XLI, No. 37, September 13, 2024

Section 47-63-5 - Operation and Maintenance Requirements

5.1 Routine Maintenance Inspections - The owner or operator shall establish and implement routine inspections of conditions at each storage tank facility with regulated ASTs.

5.1.a. Secondary Containment Structure Inspections. - The owner or operator shall ensure that visual inspections of the secondary containment area are performed, at a minimum, once every fourteen (14) days for Level 1 AST systems and, at a minimum, at the time of the monthly check required in Section 5.1.b. of this Rule for Level 2 AST systems. The visual inspection may be accomplished by or supplemented with electronic surveillance and shall include:

5.1.a.1. A check of the facility to ensure that no potential hazardous environmental conditions exist associated with the regulated AST system, such as a check for evidence of an obvious release, spill, overflow or leakage from the regulated AST system, including any ancillary regulated equipment;

5.1.a.2. A check for signs of deterioration, discharges or accumulation of liquid substances, including water, inside the secondary containment area and confirmation that containment drain valves are secured in a closed position when not in use;

5.1.a.3. If water accumulation within the secondary containment results in the capacity of the containment being reduced by ten percent (10%) or more, the accumulated water shall be drained off and disposed of in accordance with applicable State and Federal requirements;

5.1.a.4. The inspection of the secondary containment structure shall be documented by the individual who conducted it and records maintained for a minimum of twelve (12) continuous months for review upon request by the Secretary.

5.1.b. Monthly AST Visual Inspection. - An owner or operator shall ensure that a maintenance check of the regulated AST and ancillary equipment up to the first point of isolation is performed each month for Level 1 and Level 2 AST systems. The monthly maintenance check shall include:

5.1.b.1 Monitoring of the leak detection method for each regulated AST and regulated piping up to the first point of isolation at least once per calendar month in accordance with the requirements of subsection 10.3 of this rule.

5.1.b.2. A visual inspection of the tank system exterior surfaces for deterioration and maintenance deficiencies, including a visual check for cracks, areas of wear, distortion, corrosion, settlement, and deterioration of the foundation and supports; the condition of external coatings and paints; and the condition of insulation, if present.

5.1.b.3. Ancillary equipment and appurtenances up to the first point of isolation shall be visually checked for leaks, operational malfunctions, and signs of deterioration.

5.1.b.4. A check of overfill prevention equipment.

5.1.b.5. The monthly maintenance check shall be documented by the individual who conducted the check and records maintained for a minimum of twelve (12) continuous months for review upon request by the Secretary.

5.1.b.6. The owner or operator shall ensure that the results of the monthly routine checks are monitored and reviewed to ensure that any needed repairs can be made in a timely manner.

5.1.b.6.A. The owner or operator shall ensure that any changes to the regulated AST system noted in the monthly inspection that could negatively affect AST system integrity are further assessed by a qualified Professional Engineer, API or STI certified inspector, or by a person holding certification under another program approved by the Secretary as soon as is practical, but in no case more than thirty (30) days from the inspection.

5.1.b.6.B. The owner or operator shall ensure that malfunctioning equipment and appurtenances are repaired, replaced, or removed from service, immediately as possible, but in no case more than thirty (30) days from discovery that the equipment is malfunctioning, in order to prevent releases. The Secretary may specify another reasonable time period for completion of repairs.

5.1.b.6.C. The owner or operator shall ensure weakening equipment and appurtenances that pose an imminent threat of failure that could result in a release are repaired and/or replaced in a timely manner, but no longer than thirty (30) days, after discovering, or being notified by the Secretary, that the equipment is at risk for failure. The Secretary may specify another reasonable time period for completion of repairs.

5.2. Inspection Requirements.

5.2.a. Within one hundred eighty (180) days of the effective date of this Rule, owners or operators of an existing aboveground storage tank shall submit a certification that each regulated AST and its associated secondary containment structure have been evaluated by a qualified individual and meets the standards established in this Rule. The following persons are considered qualified and may inspect a regulated AST and its associated containment structure:

5.2.a.1. A qualified professional engineer as determined by the State Board of Registration for Professional Engineers; or

5.2.a.2. A qualified person working under the direct supervision of a professional engineer; or

5.2.a.3. An individual certified to perform tank inspections by the American Petroleum Institute or the Steel Tank Institute; or

5.2.a.4. A person holding certification under another program approved by the Secretary.

5.2.b. Any person who performs a tank evaluation in accordance with subdivision 5.2.a or a responsible person designated by the owner or operator may certify the regulated AST and secondary containment system; however, the AST owner or operator is responsible for the inspection and subsequent certification submittals. Every owner or operator shall submit, on a form and in a manner prescribed by the Secretary, a certification attesting to the condition of each AST system within one hundred eighty (180) days of the effective date of this Rule, and on or before January 1, 2018 and then on or before January 1 of each year thereafter.

5.2.b.1. For Level 1 AST systems subject to this Rule, the initial inspection under this Rule and subsequent inspections every third year thereafter shall be conducted by a person listed in paragraphs 5.2.a.1 through 5.2.a.4 above, except that any Level 1 AST properly inspected and certified pursuant to the Interpretive Rule (47 CSR 62) will be considered to have met the initial inspection criteria under this Rule.

5.2.b.2. For Level 2 AST systems subject to this Rule, the initial inspection under this Rule and subsequent inspections every fifth year thereafter shall be conducted by a person listed in paragraphs 5.2.a.1 through 5.2.a.4 above, except that any Level 2 AST properly inspected and certified pursuant to the Interpretive Rule (47 CSR 62) will be considered to have met the initial inspection criteria under this Rule.

5.2.b.3. For both Level 1 and Level 2 AST systems subject to this Rule, the tank owner or operator shall certify annual inspections in intervening years between the inspections described in paragraphs 5.2.b.1 and 5.2.b.2. The owner or operator conducting his or her inspection certification is not required to certify tank integrity, but must certify whether or not any obvious change occurred to the AST System in intervening years between certifications performed by a PE, API or STI certified inspector or inspections by a person holding certification under another program approved by the Secretary.

5.2.b.4 The certification form shall be submitted to the Secretary within one hundred eighty (180) days of the effective date of this Rule, and on or before January 1, 2018 and then on or before January 1 of each year thereafter for each duly registered regulated AST system.

5.2.b.5. The tank owner, operator, or a qualified representative of the tank owner or operator may perform inspections on tanks in intervening years between inspections by individuals listed in paragraphs 5.2.a.1 through 5.2.a.4. provided that the individual performing the inspection is qualified to perform tank inspections.

5.2.b.5.A. A Fit for Service certification form shall be completed and signed by the applicable certifying person when it is determined that the regulated AST system meets the minimum standards established by this Rule.

5.2.b.5.B. The certifying person shall document in writing any deficiencies found during the inspection of the regulated AST system and provide recommendations, including a proposed schedule, for abating the deficiencies. This documentation shall be attached to and submitted with the Fit for Service certification form.

5.2.b.5.C. A Not Fit for Service certification form shall be completed and signed by the certifying person when it is determined that the regulated AST system does not meet the minimum integrity standards established by this Rule.

5.2.b.5.D The certifying person shall document in writing any deficiencies found during the inspection of the regulated AST system and provide recommendations, including a proposed schedule for abating the deficiencies and including requirements for repairs, replacement or permanent removal from service of the AST, AST system or secondary containment system, until the tank or secondary containment is made fit for continued service. This documentation shall be attached to and submitted with the certification form.

5.2.b.5.E. No regulated AST that was determined to be Not Fit for Service may be returned to service until it has been certified by a Professional Engineer, an API certified inspector or a STI certified inspector as Fit for Service.

5.2.c. In certifying a regulated AST system, the certifying person shall, at a minimum, review all of the following items for each AST system:

5.2.c.1. AST design (determination that the AST meets design standards);

5.2.c.2. AST construction and installation, including but not limited to, assessments of foundation and compatibility of AST system with materials stored in the AST;

5.2.c.3. General maintenance of the AST system to include examination of the tank system exterior surfaces for signs of potential deterioration or degradation, such as flaws, areas of wear, corrosion, distortion, physical damage, discoloration, cracking, spidering, ultraviolet degradation or other conditions that might adversely affect structural integrity and checks of normal and emergency vents, where applicable, to ensure they are operating and free of restrictions;

5.2.c.4. Results of a leak test, internal inspection, ultrasonic test, or other tank integrity tests or examinations used to determine the suitability of the tank for continued use;

5.2.c.5. Corrosion Protection and Maintenance. - Existing and past corrosion protection measures taken to protect the integrity of the regulated AST system over its lifetime including, as applicable, assessment of the galvanic or impressed current systems, external coatings or liners;

5.2.c.6. Release detection method and procedures;

5.2.c.7. Release prevention methods and procedures;

5.2.c.8. Secondary containment structure and design assessment to ensure that the structure meets capacity requirements, including sufficient freeboard for precipitation events; the structure is compatible with the material that may be released into it; and determination of structural integrity or soundness; and

5.2.c.9. Record keeping for the leak detection system, corrosion protection system, and general operation and maintenance, including upgrades and repairs to the regulated AST system that could affect structural integrity.

5.2.d. A certifying person shall not certify a regulated AST system without having direct knowledge of the AST system inspection and records review, as applicable, or having made inquiry of those individuals immediately responsible for obtaining the information.

5.2.e. The owner or operator must immediately remove from service any regulated AST system or secondary containment structure that has been certified as Not Fit for Service. The tank owner or operator may request a waiver from the Secretary for good cause shown.

5.2.f. The AST owner or operator is responsible for the regulated AST System inspection and certification submitted on their behalf by others.

5.3 Internal Inspection Requirements.

5.3.a Formal internal inspection of regulated ASTs installed prior to June 12, 2015 shall be performed in general accordance with requirements of STI SP001 or API 653, as applicable to the AST being inspected, and at a minimum shall include evaluation of the following:

5.3.a.1. Tank bottom integrity;

5.3.a.2. Shell thickness;

5.3.a.3. Weld or seam integrity;

5.3.a.4. Condition of liner, if present; and

5.3.a.5. Overall fitness for service of the AST.

5.3.b. Formal internal inspections for new regulated ASTs subject to this Rule shall be performed at the following intervals:

5.3.b.1. The interval from when a tank is first placed into use to hold a liquid substance until the first internal inspection shall not exceed twenty (20) years for tanks without a Release Prevention Barrier or thirty (30) years with a Release Prevention Barrier; except ASTs of 30,000 gallons or less capacity are not required to have an internal inspection, provided that the AST remains compliant with subsections 10.1. (Spill and Overfill Protection) and 10.3. (Leak Detection).

5.3.b.2. Subsequent internal inspections required under paragraph 5.3.b.1 shall be performed, at a minimum, every twenty (20) years for tanks without a Release Prevention Barrier or thirty (30) years with a Release Prevention Barrier, unless findings from an inspection reveal that corrosion, deterioration or other specific conditions necessitate a more frequent internal inspection.

5.3.c. As an alternative to the aforementioned intervals for internal inspections, an owner or operator may choose to establish an initial or subsequent internal inspection schedule using the Risk Based Inspection (RBI) assessment methodology in API 653 and API RP 580.

5.3.c.1 The RBI assessment shall be performed by a person or persons who have inspection and engineering expertise and are knowledgeable in the proper application of API RP 580 principles, tank design, construction, and modes of deterioration.

5.3.c.2. An RBI assessment must be tank specific.

5.3.c.3. A person or persons having inspection and engineering expertise must determine the appropriateness of RBI assessments for the tank based upon the level of tank information available. The RBI assessment methodology may not be appropriate if a number of the "likelihood factors" and "consequence factors" described in API 653 and API RP 580 are unknown.

5.3.d. When an internal inspection is due for a regulated AST, it should be scheduled by the tank owner or operator to coincide with the annual inspection required by subsection 5.2 of this Rule in order to collect the maximum amount of data for determining fitness for service of the AST.

5.3.d.1. An internal inspection must be certified by a Professional Engineer, an API certified inspector, a STI certified inspector or by a person holding certification under another program approved by the secretary.

5.3.e. For an existing AST, if an internal inspection of the regulated AST has been conducted in accordance with the schedule recommended by its manufacturer or the American Petroleum Institute or Steel Tank Institute before the effective date of this rule, the internal inspection is acceptable, provided that:

5.3.e.1. The inspection, at a minimum, addresses the required items for assessment from subdivision 5.3.a; and

5.3.e.2. The last internal inspection was performed within the last thirty (30) years of the effective date of this Rule or an alternative time period that was previously determined through a RBI performed in accordance with API 653 and API 580.

5.3.e.3. The internal inspection is reviewed, approved, and certified by a Professional Engineer, an API certified inspector, a STI certified inspector or by a person holding certification under another program approved by the secretary.

5.3.f. If an existing regulated AST has not had an internal inspection, an internal inspection must be performed within:

5.3.f.1. One (1) year of the effective date of the Rule for tanks that are greater than seventy-five (75) years old;

5.3.f.2. Two (2) years of the effective date of the Rule for tanks that are between fifty (50) and seventy-five (75) years old;

5.3.f.3. Three (3) years of the effective date of the Rule for tanks that are between thirty (30) and forty-nine (49) years old;

5.3.f.4. The time intervals specified in paragraph 5.3.b.1 for tanks that are less than thirty (30) years old.

5.3.g. If an internal inspection determines that a regulated AST is not fit for service in its current state, the owner or operator shall:

5.3.g.1. Immediately remove the AST from active service;

5.3.g.2. Empty the AST;

5.3.g.3. Upgrade the AST to meet or exceed the minimum requirements for AST system integrity and provide a certification that the AST has been made Fit for Service signed by a Professional Engineer, an API certified inspector, a STI certified inspector or by a person holding certification under another program approved by the secretary; or

5.3.g.4. Permanently properly close the AST.

5.4. Damaged Tanks.

5.4.a. An owner or operator shall ensure that a regulated AST system subjected to damage is evaluated by a Professional Engineer, an API certified inspector or a STI certified inspector to determine if the AST system is Fit for Service. Damage conditions include, but are not limited to the following;

5.4.a.1. Fire;

5.4.a.2. Natural disasters such as floods, derecho force winds, lighting strikes, seismic events, and tornados;

5.4.a.3. Excessive foundation settlement;

5.4.a.4 ASTs exposed to excessive internal pressure caused by overfill, failure of venting devices or other reasons;

5.4.a.5. AST systems damaged by vehicular traffic or heavy equipment; or

5.4.a.6. ASTs with evidence of cracks or cracking welds.

5.4.b After evaluation of a damaged regulated AST system, the Professional Engineer or API or STI certified inspector shall certify the tank as Fit for Service or Not Fit for Service.

5.4.b.1. The evaluation shall occur with ten (10) days of discovery of the damage for a Level 1 AST and within thirty (30) days of discovery for a Level 2 AST.

5.4.b.2. The tank owner or operator shall submit to the Secretary a copy of the certification for the damaged regulated AST system within thirty (30) days of completion of the evaluation.

5.5.Spill Prevention and Response Plan. - The owner or operator of all operational regulated ASTs shall have a written Spill Prevention Response Plan approved by the Secretary. Nonoperational tanks are not required to have a Spill Prevention Response Plan. The plan or corrections, modifications or updates to it shall be submitted in a manner prescribed by the Secretary. The plan shall be updated as required by this Rule, and a current copy of the plan shall be readily available at all times at the facility or at a central location, if the AST site is unmanned.

5.5.a. By December 9, 2015, owners or operators of an existing regulated aboveground storage tank facility shall submit a spill prevention and response plan or certification as provided in paragraph 5.5.b.1 below for all regulated ASTs, unless the plan has already been submitted pursuant to the Interpretive Rule (47CSR62). The Spill Prevention and Response Plan shall at a minimum:

5.5.a.1. Be updated no less frequently than every five (5) years for Level 1 and Level 2 AST systems. The owner or operator shall ensure that updated plans are submitted to the Secretary for review and approval in accordance with this schedule. Alternatively, the Secretary may develop a form or procedure to allow the tank owner or operator to certify that the previously approved plan was reviewed and no changes were necessary to update the plan.

5.5.a.2. Each owner or operator of a regulated aboveground storage tank with an approved Spill Prevention and Response Plan shall submit to the Secretary a revised plan or addendum within thirty (30) days if any of the following occur:

5.5.a.2.A. There is a major modification in design, construction, operation or maintenance of any regulated aboveground storage tank system or associated AST system equipment or there are other circumstances that increase the potential for fires, explosions or releases of fluids;

5.5.a.2.B. There is a major modification in emergency equipment at the facility;

5.5.a.2.C. There are substantial changes in emergency response protocols at the aboveground storage tank facility;

5.5.a.2.D. The plan fails in an emergency;

5.5.a.2.E. The removal or the addition of any regulated aboveground storage tank; or

5.5.a.2.F. Other circumstances occur about which the Secretary requests an update.

5.5.b. If the Plan is rejected, the Secretary will require modification as may be necessary and reasonable to protect human health or the environment and comply with the AST Act requirements. The owner or operator of the aboveground storage tank shall submit a revised plan in a manner prescribed by the Secretary for approval within thirty (30) days of receipt of notification of the Secretary's decision.

5.5.b.1. In lieu of a Spill Prevention and Response Plan developed in accordance with the requirements of W. Va. Code § 22-30-9, the owner or operator of a regulated aboveground storage tank may certify to the Secretary that the AST system is subject to:

5.5.b.1.A. A groundwater protection plan approved by the Secretary; or

5.5.b.1.B. A spill prevention control and countermeasures plan that complies with the requirements of 40 C. F. R. Part 112 or 35 C.S.R. 1, Miscellaneous Water Pollution Control Rules.

5.5.b.1.C. Those plans shall be made available for review or submitted in a manner prescribed by the Secretary upon request.

5.5.b.1.D. If the tank owner or operator is seeking to have its site-specific permits or plans amended to include conditions pertaining to the management and control of regulated tanks, then the tank owner or operator must submit documentation required by subsection 4.2 of this Rule and cannot certify the plan as described in paragraph 5.5.b.1 of this Rule.

5.5.b.2. The Secretary shall conduct an administrative review to determine if the Spill Prevention Response Plan meets the requirements of the AST Act and this Rule.

5.5.b.3. For those entities subject to site-specific permits or plans which seek to have their permits or plans amended to include conditions pertaining to the management and control of regulated tanks in lieu of adhering to the AST Rule, the Secretary shall perform a technical review of the Plan to ensure that the conditions in the Plan are protective of human health and the environment and are consistent with specific permit conditions as applicable.

5.5.c. The Spill Prevention Response Plan shall specifically address the following elements, at a minimum:

5.5.c.1. Describe the activity that occurs at the site and provide an inventory of the types and amounts of fluids stored in regulated aboveground storage tanks at the facility. The plan shall provide a reference to the location of the safety data sheets (SDS) required by the Occupational Safety and Health Administration for all fluids stored in regulated aboveground storage tanks at the facility. A single plan may be submitted to address multiple tanks located at a facility.

5.5.c.2. Identify all facility-related positions with duties and responsibilities for overseeing the implementation of the facility's plan and list all facility emergency coordinators;

5.5.c.3. Describe the preventive maintenance program, monitoring and inspection procedures, and employee training programs;

5.5.c.4. Describe the general release response procedures that the aboveground storage tank facility and contract emergency personnel shall employ upon the occurrence of any release;

5.5.c.5. Provide contact information for the State, county, and municipal emergency management agencies and the nearest downstream public water supply intake and designate the person or persons to be notified in the event of a release from a regulated aboveground storage tank that could reach waters of the State; and

5.5.c.6. Provide the Secretary with any other information that he or she may reasonably request.

5.5.c.7. For those entities subject to site-specific permits and plans who seek to have their permits or plans amended to include conditions pertaining to the management and control of regulated tanks in lieu of adhering to the AST Rule, they shall provide the specific details required in paragraph 4.2.a.2 of this Rule in their SPRP, SPCC or GPP.

5.5.d. The owner or operator of a regulated aboveground storage tank located in a zone of critical concern shall annually obtain and annually update the contact information required under paragraph 5.5.c.5 of this Rule.

5.5.d.1. The owner or operator shall ensure that the updated contact information is readily available in case of an emergency at the facility.

5.5.d.2. The update to contact information alone does not require a resubmittal of the Spill Prevention Response Plan for approval by the Secretary.

5.5.e. Nothing contained in this subsection relieves the owner or operator of an aboveground storage tank from his or her obligation to immediately report any confirmed release from an AST to the Department's emergency notification telephone number (1.800.642.3074).

5.6. Labeling and Signage Requirements for ASTs. - The owner or operator shall ensure that all aboveground tank systems are labeled or marked in accordance with the AST Act.

5.6.a. At a minimum, the following information shall be labeled or otherwise marked on all ASTs or signs near the ASTs that have not undergone permanent closure:

5.6.a.1. Tank registration number;

5.6.a.2. Owner or operator emergency contact number; and

5.6.a.3. DEP Spill Reporting Hotline number (1.800.642.3074).

5.6.b. Tank labels or markings shall be placed at least three feet aboveground level, clearly visible and legible from a public roadway, public right-of-way or from outside the containment area. The requirements for AST signage are:

5.6.b.1. Letter size shall be at least one and one-half inches (11/2"). Larger letter size is permissible in order for the information to be legible at a distance.

5.6.b.2. High contrast colors must be used.

5.6.b.3. Signs, if used, must be at least 18 inches by twenty four inches (18" x 24").

5.6.b.4. Labels or marking shall be kept clearly visible and legible at all times.

5.6.c. The owner or operator shall be capable of readily identifying the substances transferred in the regulated piping system and be able to determine flow control points, including pumps, valves, and dispensers up to the first point of isolation through labeling or other suitable means.

5.6.d. ASTs that have undergone permanent closure and left onsite shall be labeled or marked in accordance with requirements of subdivision 5.6.b. with the date of closure and the words "Permanently Closed".

5.7. Security Requirements for Regulated ASTs. - Owners or operators are responsible to assure that appropriate security measures and procedures based on the facility location are established and implemented to protect the environment and human health and safety. These security measures and procedures may include, but are not limited to, monitoring, fencing, lighting, access control, locked entrances, and securing of valves and dispensers.

W. Va. Code R. § 47-63-5