W. Va. Code R. § 47-63-6

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

Section 47-63-6 - Reporting and Recordkeeping Requirements

6.1 Owners or operators of regulated AST systems must cooperate fully with inspections, monitoring, and testing conducted by the Secretary, as well as requests for document submission for AST testing, monitoring results, AST system records, and other AST system related documentation or information requested by the Secretary that may be needed to determine compliance with applicable requirements.

6.1.a. Owners or operators must maintain, at a minimum, the following records and make them readily available to the Secretary upon request:

6.1.a.1. Proof of financial responsibility for taking corrective actions for each regulated AST system.

6.1.a.2. The current leak detection records for each regulated AST system. At a minimum, twelve (12) continuous months of leak detection records must be maintained at the facility, or an alternative location, and readily available for review.

6.1.a.3. Appropriate documentation that each regulated AST system is properly protected from corrosion. This documentation should include, but is not limited to, information on protective coatings, AST construction utilizing materials that are not subject to corrosion or cathodic protection test, as applicable.

6.1.a.4. Documentation that reasonably establishes substances currently stored in each regulated AST system are compatible with all AST system components.

6.1.a.5. Documentation that the secondary containment system has been checked as required by subdivision 5.1.a of this Rule. At a minimum, twelve (12) continuous months of checks of the secondary containment records must be maintained by the owner or operator and readily available for review.

6.1.a.6. A copy of the annual certification and associated inspection that each regulated AST system is either Fit for Service or Not Fit for Service.

6.1.a.7. Any internal inspections that are performed on the regulated AST.

6.1.a.8. Documentation of the regulated AST system repairs performed.

6.1.a.9. Original installation and modification of tank system design specifications, including applicable manufacturer's documentation for the tank system and any regulated ancillary equipment.

6.1.a.10. Floor and wall or shell thickness measurements for regulated metallic ASTs shall be kept on file by the owner or operator for the life of the AST and shall be made available to the Secretary upon request.

6.1.a.11. All manufacturer's instructions, performance claims, and their manner of determination described in writing by the equipment manufacturer or installer shall be retained by the owner or operator for the life of the regulated AST and made available to the Secretary upon request.

6.1.a.12. A properly completed closure report and results of the site assessment conducted at permanent closure or change-in-service, when applicable.

6.1.b. Owners or operators must maintain records and keep them available either:

6.1.b.1. At the AST facility and immediately available for inspection by the Secretary upon request; or

6.1.b.2. At a readily available alternative site and be provided for inspection to the Secretary upon request;

6.1.b.3. In the case of permanent closure records, owners or operators are also provided with the additional alternative of mailing closure records to the Secretary, if they cannot be maintained at a closed facility or an alternative site as indicated above.

6.2. Reporting of Confirmed, Threatened or Suspected Releases.

6.2.a. Upon the occurrence of a confirmed release from an aboveground storage tank system, the owner or operator shall immediately notify the county or municipal emergency management agencies in the county where the AST is located and the Department's emergency notification telephone number (1.800.642.3074).

6.2.b. Upon the occurrence of a suspected or threatened release, owners or operators of AST systems must report the suspected or threatened release to the Department within twenty-four (24) hours, unless the owner or operator is able to determine within that time period that the suspected or threatened release was actually a false alarm. The procedures in subsection 6.3 of this Rule shall be followed for any of the following suspected or threatened release conditions:

6.2.b.1. Unusual operating conditions observed by owners or operators (such as, but not limited to, the erratic behavior of product dispensing equipment, the sudden loss of product from the regulated AST system, discovery of holes in a storage tank or piping or the unexplained presence of water in the tank), unless system equipment is found to be defective but not leaking and is immediately repaired or replaced; and

6.2.b.2. Testing, sampling, inspection or monitoring results from a release detection method which indicate a release may have occurred, unless the monitoring device is found to be defective and is immediately repaired, recalibrated or replaced and additional monitoring or testing does not confirm the initial result; and

6.2.b.3. Weakening of regulated AST system equipment (such as, but not limited to, swelling of piping, thinning of AST structural material below the minimum design standard or cracks in welds or steel plates) that pose an imminent threat of failure, unless the owner or operator takes immediate action to repair or replace the equipment or immediately remove substances from the AST system to prevent a release.

6.2.c. Immediately upon determination that a suspected or threatened release is a confirmed release, the owner or operator shall immediately report the confirmed release to the Department in accordance with subdivision 6.2.a. of this Rule and follow the procedures outlined in Section 7 of this Rule.

6.2.d. No person shall knowingly allow any unintentional release from an AST to continue without taking immediate actions to mitigate the release. Owners or operators shall take immediate action to contain any release so as to minimize the impact to human health and safety or the environment.

6.2.e. Actions to prevent a reoccurrence of a release and the actions to mitigate future releases shall be initiated immediately by the owner or operator.

6.2.f. When required by the Secretary, owners or operators of AST systems must follow the procedures in subsection 6.3 or section 7 of this Rule, as appropriate, to determine if the AST system is the source of off-site impacts. These impacts may include the discovery of substances (such as the presence of free product or vapors in soils, basements, sewer and utility lines or waters of the State) that has been observed by the Department or brought to its attention by another party.

6.3. Release Investigation and Confirmation Steps

6.3.a. After the notification required by subsection 6.2 above, unless corrective action is initiated in accordance with section 7 of this Rule, owners or operators must immediately investigate all suspected or threatened releases of substances from the AST system and provide findings to the Secretary within seven (7) days for Level 1 ASTs and within fourteen (14) days for Level 2 ASTs. An extension of the reporting period may be allowed by the Secretary for good cause shown.

6.3.b. The suspected or threatened release investigation shall include a sufficient number of the procedures outlined in this subsection and be sufficiently detailed to confirm whether a release of a substance has occurred or not. The owner or operator shall investigate and fully document the indication of a release by one or more of the following procedures:

6.3.b.1. A check of product dispensing or other similar equipment;

6.3.b.2. A check of release detection monitoring devices;

6.3.b.3. A check of inventory records to detect discrepancies;

6.3.b.4. A visual inspection of the storage tank and the area immediately surrounding the storage tank;

6.3.b.5. Testing of the storage tank for tightness or structural soundness;

6.3.b.6. Testing of the piping for tightness;

6.3.b.7. Sampling and analysis of soil, surface water or groundwater. Owners or operators shall measure for the presence of a release where contamination is most likely to be present at the AST site. In selecting sample types, sample locations, and measurement methods, the type of initial indication of contamination, type of backfill and soil, the depth of groundwater, proximity of surface water, and other factors appropriate for identifying the presence and source of the release shall be considered; or

6.3.b.8. Other investigation procedures which may be necessary to determine whether a release from the AST system has occurred.

6.3.c. If the investigation confirms that a release has occurred, the owner or operator shall immediately report the confirmed release to the Secretary and initiate corrective action.

6.3.d. If the investigation confirms that a release has not occurred, further investigation by the owner or operator is not required.

W. Va. Code R. § 47-63-6