West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-63 - Aboveground Storage Tanks › Section 47-63-3 - Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Registration
				Requirements. - Everyowner of an aboveground storage tank shall register each
				AST located in West Virginia, regardless of its operational state, except that
				permanently out of service tanks are not required to be registered.
3.1.a. For compartment tanks, the total
				capacity of all compartments shall be calculated and utilized to determine
				whether the tank meets the size requirement (1,320 or more gallons of liquid)
				necessary to qualify as a regulated AST pursuant to the Act and this
				Rule.
3.1.b. For manifolded tanks,
				the total capacity of the manifolded tanks shall be calculated and utilized to
				determine whether the tank meets the requirements (1,320 or more gallons of
				liquid) necessary to qualify as a regulated AST pursuant to the Act and this
				Rule, and whether it meets the capacity requirements to be a Level 1 AST. For
				registration purposes, manifolded tanks will be treated as compartment
				tanks.
3.1.c. All aboveground
				storage tanks placed into service on or after July 1, 2015 shall be registered
				prior to being placed into active service.
3.1.c.1. On and after July 1, 2015, it shall
				be unlawful for any owner or operator to operate, use or store substances in an
				aboveground storage tank that has not been properly registered or for which any
				applicable registration fee has not been paid.
3.1.c.2. Tank owners shall register each
				aboveground storage tank with the Secretary, except as specifically excluded by
				this Rule, on a form and in a manner provided by the Secretary, within thirty
				(30) days after installation or acquisition of an ownership interest in the
				storage tank.
3.1.d.
				Tank owners shall submit an amended registration form to the Secretary within
				thirty (30) days of a change in the previously submitted information, except
				for a registration form to amend registration for change in the substance
				stored in the tank or relocation of a tank to a zone of critical concern, in
				which case the amended registration must be submitted within three (3) days.
				Amended registrations shall be made for the following:
3.1.d.1. Removal or relocation of a storage
				tank to a new facility;
3.1.d.2.
				Change in operating status of the AST.
3.1.d.3. Change in use of a storage tank to
				or from the statutory definition of an AST, i.e. changing the container's use
				from being a storage tank to being a process vessel.
3.1.d.4. Change in substance or substances
				stored in the tank. Changes in formulations (such as changing grades of
				gasoline, seasonal variations in formulations, minor fluctuations in
				concentrations, etc.) that would not substantially change the response actions
				for releases would not be considered a change in substance.
3.1.d.5. Change of ownership or change of
				operator.
3.1.d.6. Change of
				contact, mailing address or telephone number.
3.1.e. The Secretary may require submission
				of supporting documentation as necessary to confirm or clarify registration
				information as part of the registration process.
3.1.f. Any change in the corporate or
				business structure of the aboveground storage tank owner which affects the
				legal name of the tank owner requires notification to the Secretary.