The UST Technical Regulation changed on Jan. 1, 2018, to add new operation and maintenance requirements. Owners and operators had to meet some of the requirements on Jan. 1 2018 and others by Jan. 1, 2021.

Jan 1, 2018 Requirements

• Test new spill containment equipment (e.g., spill buckets), containment sumps and overfill prevention devices (e.g., shutoff valves or alarms) at installation. Then test every three years.
• Test repaired equipment for proper operation within 30 days of repair.
• Permanently close UST systems that aren’t protected against corrosion.
• Demonstrate financial responsibility for temporarily closed tanks.
• Install overfill devices other than ball float valves. Ball float valves can no longer be installed as overfill prevention devices.
• Permanently close tanks whose liners fail and can’t be repaired.
• Notify DEQ 30 days before you begin storing a biofuel and demonstrate that the UST system is compatible with the biofuel stored.

Jan 1, 2021 Requirements

• Test release detection equipment for proper operation. After the first test, test the equipment annually.
• Tightness test existing containment sumps, spill buckets and under-dispenser containment devices. After the first test, test every three years.
• Test existing overfill prevention devices for proper operation. After the first test, test every three years.
• If the facility is unmanned at least part of the time, ensure electronic line leak detectors are programmed to shut the pump down in the event of a leak.
• Perform walkthrough inspections at the UST facility. Inspect certain equipment every 30 days and some equipment annually.
• Begin monitoring existing emergency generator tank systems for leaks.

Along with the new requirements, tank owners and operators must continue to:

• Register their USTs with DEQ, including any changes in the way the tanks are owned, used or equipped.
• Ensure the UST system is equipped with spill buckets, overfill prevention devices, and release detection equipment.
• Monitor their tanks and piping for releases at least every 30 days.
• Ensure the tanks and all piping are protected against corrosion. Cathodically protected tanks and piping must be tested every three years. Internal liners must be tested 10 years after installation and every five years thereafter.
• Designate and complete training for Class A, Class B, and Class C facility operators
• Demonstrate that they have the financial resources to pay for a clean-up (See Financial Responsibility below).
• Report and investigate suspected tank releases.
• Clean up confirmed tank releases.

Owners and operators of regulated USTs must demonstrate that they have the financial ability to pay for the costs associated with cleaning up a petroleum release from their USTs and for compensating third parties for damages caused by a petroleum release.

How much Financial Responsibility do I demonstrate?

An owner or operator's FR amount depends upon how much petroleum is dispensed from all USTs owned and/or operated in Virginia.

* MM = Million

How do I demonstrate Financial Responsibility?

Owners and operators can choose from a list of acceptable financial mechanisms to demonstrate FR. Examples include insurance policies, certificates of deposit, letters of credit and self insurance (financial test). Each financial mechanism must be in a specific format and must be maintained and updated annually until the tanks are sold or permanently closed.

For more information on FR, including the specific forms used to demonstrate financial responsibility, contact Josiah Bennett.

DEQ addresses any issues observed during site inspections through the compliance and enforcement process. DEQ inspection staff note any problems observed during the inspection on an inspection report and provide a copy to the tank owner, along with a list of the issues needing correction and a deadline to correct.

Tank owners that fail to correct issues by the deadlines set by DEQ may find themselves subject to enforcement action which can result in civil penalties and/or delivery prohibition.