On August 1, 2016, the legislative rule promulgated to implement the Aboveground Storage Tank Act became effective. The Rule is 63 pages long and contains detailed requirements for registering, designing, installing, operating, maintaining and closing tanks subject to the AST Act. The following is a handy reference list of the more significant compliance deadlines established in the Rule. The compliance deadlines list is not intended to be all-inclusive, but it may be useful toward planning and developing your compliance program for the new Rule.
 

August 1, 2016	Routine Maintenance Inspections   Every 14 days Inspection of Secondary Containment for Level 1 ASTs - §5.1.a Monthly Inspection of Secondary Containment for Level 2 ASTs - §5.1.a Monthly Visual Inspections of AST and Ancillary Equipment up to the First Point of Isolation for Level 1 and Level 2 ASTs - §5.1.b Recordkeeping §5.1.b.5 and - §6.1.a
January 28, 2017	Fit for Service Certification of Inspection of AST and Associated Secondary Containment by “certified individual” for Level 1 ASTs (and every 3rd year thereafter) and Level 2 ASTs (and every 5th year thereafter) [however, no inspection or certification required for tanks inspected and certified by 6/1/2015 pursuant to Interpretive Rule] - §§ 5.2.a and 5.2.b
August 1, 2017	Internal inspection of existing Level 1 and Level 2 ASTs, older than 75 years that have not had an internal inspection since 8/1/1986 (excluding ASTs with capacity less than 30,000 gallons if compliant with § 10.1 (spill and overfill protection) and §10.3 (leak detection)) - §§5.3.f.1 and 5.3.e
January 1, 2018	Certification of “no obvious change” Inspection by owner or operator of Level 1 and Level 2 ASTs, “provided that the individual performing the inspection is qualified to perform tank inspections” and annually thereafter (except for fit for service inspection years) - §5.2.b
August 1, 2018	Internal inspection of Level 1 and Level 2 ASTs, 50-75 years old that have not had an internal inspection since 8/1/1986 (excluding ASTs with capacity less than 30,000 gallons if compliant with §§ 10.1 and 10.3) - §§5.3.f.2 and 5.3.e
January 1, 2019– 2021	Certification of “no obvious change” Inspection by owner or operator or qualified representative for Level 2 ASTs  (applicable to Level 1 ASTs for 1/1/2019 only) - §5.2.b
August 1, 2019	Internal inspection of Level 1 and Level 2 ASTs, 30-49 years old that have not had an internal inspection since 8/1/1986 (excluding ASTs with capacity less than 30,000 gallons if compliant with §§ 10.1 and 10.3) - §§5.3.f.3 and 5.3.e
January 1, 2020	Fit for Service Certification of Inspection by “certified individual” for Level 1 - §5.2.b.1
January 1, 2022	Fit for Service Certification of Inspection by “certified individual” for Level 2 - §5.2.b.2

 

Phase-in Upgrades to Existing Regulated ASTs and Secondary Containment*

November 1, 2016	Level 1 ASTs not meeting secondary containment requirements - §10.2.l.1
December 31, 2016	Level 1 ASTs normal and emergency vents - §8.6.f.1
February 1, 2017	Level 2 ASTs not meeting secondary containment requirements - §10.2.l.2
June 30, 2017	Level 2 ASTs normal and emergency vents - §8.6.f.2 Level 1 ASTs not meeting cathodic protection standards - §9.2.g.1 Level 1 ASTs not meeting corrosion protection standards for exterior coatings - §9.4.c.1 Level 1 ASTs not meeting corrosion protection standards for internal lining or coatings - §9.5.c.1 Level 1 ASTs not meeting overfill or spill requirements - §10.1.e.1.A Level 1 ASTs not meeting leak detection requirements - §10.3.m.1 (except that visual leak detection must begin August 1, 2016 - §5.5.b)
December 31, 2017	Level 2 ASTs not meeting cathodic protection standards - §9.2.g.2 Level 2 ASTs not meeting corrosion protection standards for exterior coating - §9.4.c.2 Level 2 ASTs not meeting corrosion protection standards for internal lining or coatings - §9.5.c.2 Level 2 ASTs not meeting overfill or spill requirements - §10.1.e.1.B
June 30, 2018	Level 2 ASTs not meeting leak detection requirements  - §10.3.m.2  (except that visual leak detection must begin August 1, 2016 - §5.5.b)

*Phase-in dates do not apply to new or reconstructed ASTs and secondary containment.

New/Reconstructed ASTs and Spill Prevention and Response Plan Update

August 1, 2016

New Level 1 and 2 AST installations are subject to new and reconstructed AST requirements and new Level 1 AST installations must be double walled, double bottomed, or placed on a release prevention barrier - §8.2 New Level 1 and 2 AST installations in karst designated terrain must submit documentation of the new construction design criteria and engineering specifications to indicate that surface or subsurface conditions will not result in excessive settling or unstable support of the proposed AST, as approved by a professional engineer or an individual certified by API or STI to perform installations or a person holding certification under another program. -  §8.2.f

December 3, 2019

Update Spill Prevention and Response Plan (if submitted on December 3, 2014, or 5 years following initial plan submission) - §5.5.a.1

 
For further information please see: 
Nov. 7, 2014: Latest AST Developments
Nov. 9, 2014: Webinar - Meet your Deadlines – WV AST Act Challenges
Sept. 9, 2014: AST Act Rough Draft Emergency Rule Out for Comment
Feb. 4, 2015: AST Act Update – Statutory Amendment Introduced
Sept. 2, 2015: WVDEP Files “Agency Approved” Rules for Horizontal Well Dev. & AST
Jul. 6, 2016: The Final Above Ground Storage Tank & Horizontal Well Rules

Or contact our experienced Environmental Attorneys: 
David L. Yaussy
304.340.3829
dyaussy@spilmanlaw.com

Mark D. Clark
304.340.3876
mclark@spilmanlaw.com