Current through Register Vol. 41, No. 3, September 23, 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.
B. In
addition to the exclusions listed in subsection A of this section, the
following are excluded from the requirements contained in Part III
(9VAC25-91-130
et seq., Pollution Prevention Requirements) of this chapter:
1. An AST with a capacity of 5,000 gallons or
less used for storing heating oil for consumptive use on the premises where
stored;
2. An AST storing asphalt
and asphalt compounds which are not liquid at standard conditions of
temperature and pressure (60°F at 14.7 pounds per square inch absolute);
and
3. Line pipe and breakout tanks
of an interstate pipeline regulated under the federal Accountable Pipeline
Safety and Partnership Act of 1996 (49 USC §
60101 et seq.).
C. Asphalt and asphalt compounds that are not
liquid at standard conditions of temperature and pressure (60°F at 14.7
pounds per square inch absolute) are excluded from any requirement to install
groundwater monitoring wells or groundwater protection devices or to conduct
groundwater characterization studies under Part IV (9VAC25-91-170,
Oil Discharge Contingency Plan (ODCP) Requirements) and Part V (9VAC25-91-180
et seq., Groundwater Characterization Study (GCS) and GCS Well Monitoring
Requirements) of this chapter.
Statutory Authority: §§
62.1-44.15,
62.1-44.34:15,
62.1-44.34:15.1,
and
62.1-44.34:19.1
of the Code of Virginia.
