Aboveground Storage Tanks David L Yaussy Spilman Thomas

Aboveground Storage Tanks David L. Yaussy, Spilman Thomas & Battle, PLLC www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

• AST Definition · Device containing accumulation of >1320 gallons. . . of • fluids that are liquids at standard temperature/pressure · Constructed primarily of nonearthen materials, including • concrete, steel, plastic or fiberglass reinforced plastic · More than 90% capacity above the surface of the ground · This includes: Mobile devices remaining in one location on a continuous basis for 365 or more days Ancillary aboveground/underground pipes and dispensing systems up to first point of isolation · Expanded exemptions www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Key Definitions • Level 1 Regulated Tank: – Located within a ZCC, source water protection area, public surface water influenced groundwater supply source area, or any AST designated by Secretary as Level 1 – Contains CERCLA hazardous substance or substance on USEPA List of Lists in concentration of 1% or greater • Exemption for petroleum tanks – Capacity of 50, 000 gallons or greater, regardless of location – Any of these make it a level 1 tank www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Key Definitions • Level 2 Regulated Tanks: An AST located within a “zone of peripheral concern” that is not a Level 1 AST • Zone of Peripheral Concern: Additional five-hour time of travel upstream of ZCC DEP will let you know if you’re level 2 www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Other Key Definitions • Release – must be to waters of the state, outside secondary containment • Secondary Containment – not just dikes; includes containment of spills www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Registration (§ 4) • Continues to apply to ALL ASTs • Required by July 1, 2015, • Initial registration fees: – $40 per tank for ASTs in service before July 1 – $20 per tank for ASTs placed into service on/after July 1 • Can de-register – call DEP www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

WVDEP Program & Standards • Tanks • Secondary Containment • Leak Detection • Recordkeeping • Maintenance and Corrosion Plans • Closure and Remediation • Fees • Certificate to Operate • Civil Penalty Assessment Process www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

The Alternative · Permittees can amend existing GPPs or permits to incorporate tank standards “. . . conditions pertaining to the management and control of regulated tanks, so long as those conditions in the opinion of the secretary are sufficient in combination with practices and procedures already in place to protect the waters of the state. ” www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Applicable to All ASTs • • • Registration Fee -- $40 or $20 after June 30, 2015 Corrective Action Signage Public Access to Information Inspections, Monitoring and Testing Administrative Orders; Injunctive Relief Civil and Criminal Penalties Imminent and Substantial Danger www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Applicable to Regulated ASTs AST Regulatory Program/Alternative Permits Evaluation and Certification Financial Responsibility Spill Prevention and Response Plan Notice to Local Governments and Water Companies • Fees – Operating and POW Funds • WVDEP Inspections • Individual NPDES Permits May Be Required • • • www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Two types of Inspection/Certification Statutory – inspection and certification by persons specified in the Act. Standard is compliance with the AST rules Alternative – inspection by qualified person; certification by owner. Standard is no change in tank conditions. www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Inspection and Certification Schedule • All regulated tanks are inspected/certified each year • Initial inspection/certification 180 days after rule final – 4 th quarter of 2016 except tanks inspected/certified last year. • If tank inspected/certified in accordance with 47 CSR 62, alternative inspection/certification due January 1, 2018. www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Inspection and Certification Schedule (continued) Level 1 Tanks Statutory inspection/certification every 3 years. Alternative inspection/certification on other years Level 2 Tanks Statutory inspection/certification every 5 years. Alternative inspection/certification on other years. www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

AST Fees 47 CSR 64 • Registration $40 through June 30, 2015 $20 after June 30, 2015 • Operating Fee Level 1 $201 Level 2 $ 40 • Response Fee Whatever is needed to keep $1 million in the fund www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Spill Prevention and Response Plans (§ 9) • • • Applies to regulated ASTs Plan requirements less onerous To be amended every five years, or after certain events No requirement to consult with agencies or water suppliers • Allows certification of existence of a GPP or SPCC plan in lieu of submitting a SPRP www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

• • • Nonoperational Tanks 1. 5. C Permanently Out of Service 2. 47 Temporarily Out of Service 11 Notification of Installation 3. 4 Approval of Construction Design 8. 2. f. www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

• Sufficiently Impervious 2. 6. 2 • Secondary Containment Inspection 10. 2. d. • Corrosion Prevention Clarification 9. 1 www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

• • Certification Clarification 5. 2. b. Internal Inspection 5. 3. b. Delivery Prohibition Eliminated 12 State bonds as financial assurance 12. 2 www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™

Questions? www. spilmanlaw. com | 800. 967. 8251 Excellence. Value. Get There!™