W. Va. Code R. § 47-63-3 - Registration

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.

3.2. Owners of regulated mobile tanks are required to modify their registrations when the tank is moved from one facility to another facility in accordance with subdivision 3.1.d.

3.3. Owners may register multiple aboveground storage tanks at a single facility using one aboveground storage tank registration process prescribed by the Secretary, but owners of aboveground storage tanks located at more than one facility shall complete a separate aboveground storage tank registration form for each facility.

3.4. Owners of regulated mobile tanks that are being relocated from one facility to another shall modify the registration of the moved tank to reflect the tank's new location and contents if the contents of the tank have changed. Owners of tanks that were once mobile but are being installed as stationary at a facility must comply with the requirements of this subsection.

3.5. Notification of Closure. - An owner of a regulated AST or AST system who closes a tank shall submit to the Secretary an AST closure form at least thirty (30) days prior to beginning the permanent closure. The owner must adhere to the requirements for permanent closure as specified in subsection 11.3 of this Rule and as provided in permanent closure guidance documents developed by the Secretary. The thirty (30) day time period may be waived when the action is in response to a release from an existing aboveground storage tank or AST system on the site or at the discretion of the Secretary for good cause shown.

3.6. If an AST is transferred from one owner to another owner, the new owner shall register the AST no later than thirty (30) days after transfer of ownership and provide proof of financial responsibility in accordance with Section 12 of this Rule.

Notes

W. Va. Code R. § 47-63-3