Overview
Aboveground Storage Tank Act and Its Implementation
Senate Bill 373, containing the Aboveground Storage Tank Act §22-30 and the Public Water Supply Protection Act §22-31 was approved by the 2014 Legislature and signed into law by Governor Earl Ray Tomblin on April 1, 2014. The law officially took effect on June 6, 2014. The bill required an inventory and registration of aboveground storage tanks, the submittal of spill prevention response plans and certified inspections of tanks.
On March 14, 2015, the 2015 Legislature passed Senate Bill 423 to amend the Aboveground Storage Tank and Public Water Supply Protection Acts. This amended Act became effective June 12, 2015.
Bulletins
Owners and operators should review these periodic bulletin updates and their tank inventory to determine how these changes affect classification or compliance obligations.
August 2026: Recent Legislative Changes
Senate Bill 641 (2026 Regular Session), effective June 11, 2026, amends
§22-30-3 (Definitions) and
§22-30-15 (Inspections, monitoring and testing) of the Aboveground Storage Tank Act:
Key Points
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New Exemption: Tanks of 10,000 gallons or less located within a §22-3 surface mining permit boundary and certified under §22-12-8 are exempt, provided they are outside a zone of critical concern and do not contain CERCLA-listed substances. Registration, notice, and signage requirements still apply.
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Reclassification of Brine Water Tanks: Tanks of 10,000 gallons or less containing only brine water produced in connection with hydrocarbon storage or production activities are reclassified from Level 1 to Level 2, regardless of location within a zone of critical concern, source water protection area, or public surface water influenced groundwater supply source area.
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Nine-month Grace Period: Existing tanks in areas newly designated as a zone of critical concern or zone of peripheral concern on or after July 1, 2026 are not treated as regulated tanks until nine months after written notice.
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Remote Inspection Technologies: Must be allowed for required periodic physical inspections.
AST Online Registration System
Overview
DEP is accepting online AST applications at this time. The registration process includes questions about tank size, contents, construction, age and location. DEP employees are on hand to assist tank owners who are subject to the requirements of the Act.
Quick Links
AST Registration Instructions
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Registration
A guide to assist in registering aboveground storage tanks.
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Modification
A guide to assist in modifying existing aboveground storage tank registration Information.
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Fit/Not Fit
A guide to assist in submitting fit or not-fit for service inspection certifications.
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Spill Plan Upload
A guide to assist in submitting aboveground storage tanks spill plans.
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Tank Release
A guide to assist in releasing tank ownership. (transfer of ownership)
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Tank Claim
A guide to assist in claiming aboveground storage tank as part of a transfer of ownership.
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HB2811 Exemption
A guide to assist in applying the HB2811 exemption to aboveground storage tanks. (oil & gas and roadway pretreatment tanks)