Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-30 - Exclusions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The requirements
				  of this chapter do not apply to:
1.
				  Vessels;
2. Licensed motor
				  vehicles, unless used solely for the storage of oil (e.g., airport refueling
				  trucks and mobile refueling vehicles);
3. An AST with a storage capacity of 660
				  gallons or less of oil;
4. An AST
				  containing petroleum, including crude oil or any fraction thereof, which is
				  liquid at standard temperature and pressure (60°F at 14.7 pounds per square
				  inch absolute) subject to and specifically listed or designated as a hazardous
				  substance under subparagraphs (A) through (F) of § 101(14) of the federal
				  Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
				  (42
				  USC §
												9601 et seq.);
5. A wastewater treatment tank system that is
				  part of a wastewater treatment facility regulated under § 402 or §
				  307(b) of the federal Clean Water Act (33 USC
				  §
												1251 et seq.);
6. An AST that is regulated by the Department
				  of Energy under Chapter 16 (§
											45.2-1600
				  et seq.) of Title 45.2 of the Code of Virginia;
7. An AST used for the storage of products
				  that are regulated pursuant to the federal Food, Drug, and Cosmetic Act
				  (21
				  USC §
												301 et seq.);
8. An AST that is used to store hazardous
				  wastes listed or identified under Subtitle C of the Resource Conservation and
				  Recovery Act (RCRA) (Solid Waste Disposal Act) (42 USC §
												6901 et seq.), or a mixture of such hazardous
				  wastes and other regulated substances;
9. An AST that is used to store propane gas,
				  butane gas or other liquid petroleum gases;
10. An AST used to store nonpetroleum
				  hydrocarbon-based animal and vegetable oils;
11. A liquid trap or associated gathering
				  lines directly related to oil or gas production, or gathering
				  operations;
12. A surface
				  impoundment, pit, pond, or lagoon;
13. A stormwater or wastewater collection
				  system;
14. Equipment or machinery
				  that contains oil for operational purposes, including but not limited to
				  lubricating systems, hydraulic systems, and heat transfer systems;
15. An AST that forms an integral part
				  (cannot be readily detached or removed) of the equipment or machinery and the
				  contents of the AST are solely used by the attached equipment or machinery
				  (e.g., fuel tank affixed into the frame of an emergency generator);
16. An AST used to contain oil for less than
				  120 days when:
(i) used in connection with
				  activities related to the containment and cleanup of oil;
(ii) used by a federal, state or local entity
				  in responding to an emergency, including response related drills; or
(iii) used temporarily on-site to replace
				  permanent capacity storage;
17. Oil-filled electrical equipment,
				  including, but not limited to, transformers, circuit breakers or
				  capacitors;
18. A flow-through
				  process tank;
19. Oily water
				  separators;
20. An AST containing
				  dredge spoils;
21. An AST located
				  on a farm or residence used for storing motor fuel for noncommercial purposes
				  with a storage capacity of 1,100 gallons or less; or
22. Pipes or piping beyond the first valve
				  from the AST that connects an AST with production process tanks or production
				  process equipment.