Current through Register Vol. 41, No. 3, September 23, 2024
A. The requirements
of this chapter apply to all owners and operators of an UST system as defined
in 9VAC25-580-10 except as otherwise provided in subsections B and C of this
section.
1. Previously deferred UST systems.
Airport hydrant fuel distribution systems, UST systems with field-constructed
tanks, and UST systems that store fuel solely for use by emergency power
generators must meet the requirements of this chapter as follows:
a. Airport hydrant fuel distribution systems
and UST systems with field-constructed tanks must meet the requirements in Part
X (9VAC25-580-380 et seq.) of this chapter.
b. UST systems that store fuel solely for use
by emergency power generators installed before September 15, 2010, must have
met all applicable requirements of this chapter before September 15, 2010,
except that the requirements of Part IV (9VAC25-580-130 et seq.) of this
chapter must be met before January 1, 2021.
c. UST systems that store fuel solely for use
by emergency power generators installed on or after September 15, 2010, must
meet all applicable requirements of this chapter at installation.
2. Any UST system listed in
subsection C of this section must meet the requirements of
9VAC25-580-30.
B.
Exclusions. The following UST systems are excluded from the requirements of
this chapter:
1. Any UST system holding
hazardous wastes listed or identified under Subtitle C of the Solid Waste
Disposal Act (42 USC § 6901) or a mixture of such hazardous waste and
other regulated substances.
2. Any
wastewater treatment tank system that is part of a wastewater treatment
facility regulated under § 402 or § 307(b) of the Clean Water
Act.
3. Equipment or machinery that
contains regulated substances for operational purposes such as hydraulic lift
tanks and electrical equipment tanks.
4. Any UST system whose capacity is 110
gallons or less.
5. Any UST system
that contains a de minimis concentration of regulated substances.
6. Any emergency spill or overflow
containment UST system that is expeditiously emptied after use.
C. Partial Exclusions. Parts II
(9VAC25-580-50 et seq.), III (9VAC25-580-80 et seq.), IV, V (9VAC25-580-190 et
seq.), VII (9VAC25-580-310 et seq.), IX (9VAC25-580-370 et seq.), and X of this
chapter do not apply to any of the following types of UST systems:
1. Wastewater treatment tank systems not
covered under 9VAC25-580-20 B 2 of this section;
2. Aboveground storage tanks associated with:
a. Airport hydrant fuel distribution systems
regulated under Part X of this chapter; and
b. UST systems with field-constructed tanks
regulated under Part X of this chapter.
3. Any UST systems containing radioactive
material that are regulated under the Atomic Energy Act of 1954 (42 USC §
2011 et seq.); and
4. Any UST
system that is part of an emergency generator system at nuclear power
generation facilities licensed by the Nuclear Regulatory Commission and subject
to Nuclear Regulatory Commission requirements regarding design and quality
criteria, including 10 CFR Part 50.
Statutory Authority: §§ 62-1.44.15 and
62.1-44.34:9 of the Code of
Virginia; 42 USC §
6901 et seq.; 40 CFR "part"s 280 and
281.
