Title: West Virginia: Final Approval of State Underground Storage Tank Program Revisions,
Codification, and Incorporation by Reference
Docket #: EPA-R03-UST-2020-0205
Link to the Federal Register:
https://www.federalregister.gov/documents/2020/09/11/2020-17345/final-approval-of-state-underground-storage-tank-program-revisions-codification-and-incorporation-by
Summary
Pursuant to the Solid Waste Disposal Act of 1965, as amended (commonly known as the Resource Conservation and
Recovery Act (RCRA)), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions
to the State of West Virginia’s Underground Storage Tank (UST) program submitted by West Virginia (West Virginia or
State). This action also revises the address of EPA’s Region 3 office. This action also codifies EPA’s approval of
West Virginia’s state program and incorporates by reference (IBR) those provisions of West Virginia’s regulations
and statutes that we have determined meet the requirements for approval. The provisions will be subject to EPA’s
inspection and enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I and other applicable
statutory and regulatory provisions.
Dates
This rule is effective November 10th, 2020, unless EPA receives any significant negative comment opposing this
action by October 13th, 2020.
New UST Rule (2018)
In 2015 EPA finalized the first significant changes to the federal UST regulations since 1988. The changes establish
federal requirements that are similar to key portions of the Energy Policy Act of 2005 such as secondary
containment, operator training, and delivery prohibition which had been in effect in West Virginia since July 1,
2008. In addition, EPA added new operation and maintenance requirements and addressed UST systems deferred in the
1988 UST regulation. The new federal changes include, but are not limited to:
- Adding secondary containment requirements or new and replaced tanks and piping
- Adding operator training requirements
- Adding periodic operation and maintenance requirements for UST systems
- Adding requirements to ensure UST system compatibility before storing certain biofuel blends
- Adding UST system testing requirements such spill bucket and operability testing
- Prohibiting the use of ball floats
- Removing past deferrals for emergency generator tanks, airport hydrant systems, and field constructed tanks
- Updating codes of practice
- Making editorial and technical corrections
For the most part, secondary containment, operator training, and delivery prohibition that first became effective in
West Virginia since July 1, 2008 remains largely unchanged. WV Legislative Rule 33CSR30 ("the Rule") was
updated to incorporate the federal regulations and became effective on June 1, 2018. A major difference is that
starting on October 13, 2018, . the Class A/B Operator can train their Class C Operators.
Additional Information
The following documents may be useful to the tank owner/operator in obtaining and maintain compliance with the new
UST regulations.
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WVUST Rule (33CSR30)
This legislative rule governs the construction, installation, upgrading, use, maintenance, testing, and
closure of USTs. The effective date of this rule is June 1, 2018.
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FederalUST
Rule (40CFR280)
This is the federal rule governing underground storage tanks that became effective at the federal level in
2015.
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Must for USTs
This 36-page booklet summarizes federal UST requirements for installation, reporting, spill and overfill
prevention, corrosion protection, release detection, walkthrough inspections, compatibility, operator
training, repairs, financial responsibility, release response, and closure.
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Operating and
Maintaining UST Systems: Practical Help and Checklists
This manual created by EPA contains brief summaries of the federal underground storage tank (UST)
requirements for operation and maintenance (O&M), as well as practical help that goes beyond the
requirements. Checklists prompt the user to look closely at what kinds of equipment are in use and how to
keep that equipment working properly over the lifetime of the UST system. The manual provides recordkeeping
forms that also help the UST owner and operator keep equipment operating properly.
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Release Detection for
USTs and Piping: Straight Talk onTanks
This EPA created booklet provides easy-to-understand descriptions of several release detection methods for
tanks and piping, as well as explanations of the regulatory requirements for release detection. Release
detection methods include: secondary containment with interstitial monitoring, automatic tank gauging,
continuous in-tank leak detection, statistical inventory reconciliation, tank tightness testing with
inventory control, manual tank gauging, groundwater monitoring, vapor monitoring, and release detection for
underground piping. Secondary containment with interstitial monitoring was first required in West Virginia
starting on July 1, 2008. All new installs must be secondarily contained and use interstitial monitoring for
leak detection.
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PEI/RP900 - Daily, Monthly, and Annual
Inspection Checklists
Appendices A-1 through A-4 are free downloadable inspection checklist that can be utilized by the tank owner
and operator to assist them with compliance at their facility. The monthly PEI/RP 900 inspection may be
helpful in meeting the requirements of the monthly walk through inspection for USTs.