{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_15.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_15.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_15.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_15.1.html"}],"law_id":78401,"edition_id":1,"section_id":78401,"structure_id":14927,"section_number":"62.1-44.34:15.1","catch_line":"Regulations for aboveground storage tanks","history":"1992, c. 456; 1993, c. 353; 1994, c. 277; 1996, c. 737; 2011, cc. 883, 884.","full_text":"The Board shall adopt regulations and develop procedures necessary to prevent pollution of state waters, lands, or storm drain systems from the discharge of oil from new and existing aboveground storage tanks. These regulations shall be developed in substantial conformity with the current codes and standards recommended by the National Fire Protection Association. To the extent that they are consistent with the Board’s program, the Board shall incorporate accepted industry practices contained in the American Petroleum Institute publications and other accepted industry standards when developing the regulations contemplated by this section. The regulations shall provide the following:\n\n1\n\nFor existing aboveground storage tanks at facilities with an aggregate capacity of one million gallons or greater:\n\t\t\ta. To prevent leaks from aboveground storage tanks, requirements for inventory control, testing for significant inventory variations (e.g., test procedures in accordance with accepted industry practices, where feasible, and approved by the Board) and formal tank inspections every five years in accordance with accepted industry practices and procedures approved by the Board. Initial testing shall be on a schedule approved by the Board. Aboveground storage tanks totally off ground with all associated piping off ground, aboveground storage tanks with a capacity of 5,000 gallons or less located within a building or structure designed to fully contain a discharge of oil, and aboveground storage tanks containing No. 5 or No. 6 fuel oil for consumption on the premises where stored shall not be subject to inventory control and testing for significant variations. In accordance with subdivision 6, the Board shall promulgate regulations which provide for variances from inventory control and testing for significant variation for (i) aboveground storage tanks with Release Prevention Barriers (RPBs) with all associated piping off ground, (ii) aboveground storage tanks with a de minimis capacity (12,000 gallons or less), and (iii) other categories of aboveground storage tanks, including those located within a building or structure, as deemed appropriate;\n\t\t\tb. To prevent overfills, requirements for safe fill and shut down procedures, including an audible staged alarm with immediate and controlled shut down procedures, or equivalent measures established by the Board;\n\t\t\tc. To prevent leaks from piping, requirements for cathodic protection, and pressure testing to be conducted at least once every five years, or equivalent measures established by the Board;\n\t\t\td. To prevent and identify leaks from any source, requirements (i) for a visual inspection of the facility each day of normal operations and a weekly inspection of the facility with a checklist approved by the Board, performed by a person certified or trained by the operator in accordance with Board requirements, (ii) for monthly gauging and inspection of all ground water monitoring wells located at the facility, and monitoring of the well head space for the presence of vapors indicating the presence of petroleum, and (iii) for quarterly sampling and laboratory analysis of the fluids present in each such monitoring well to determine the presence of petroleum or petroleum by-product contamination; and\n\t\t\te. To ensure proper training of individuals conducting inspections, requirements for proper certification or training by operators relative to aboveground storage tanks.2\n\nFor existing aboveground storage tanks at facilities with an aggregate capacity of less than one million gallons but more than 25,000 gallons:\n\t\t\ta. To prevent leaks from aboveground storage tanks, requirements for inventory control and testing for significant inventory variations (e.g., test procedures in accordance with accepted industry practices, where feasible, and approved by the Board). Initial testing shall be on a schedule approved by the Board. Aboveground storage tanks totally off ground with all associated piping off ground, aboveground storage tanks with a capacity of 5,000 gallons or less located within a building or structure designed to fully contain a discharge of oil, and aboveground storage tanks containing No. 5 or No. 6 fuel oil for consumption on the premises where stored shall not be subject to inventory control and testing for significant variations. In accordance with subdivision 6, the Board shall promulgate regulations which provide for variances from inventory control and testing for significant variation for (i) aboveground storage tanks with Release Prevention Barriers (RPBs) with all associated piping off ground, (ii) aboveground storage tanks with a de minimis capacity (12,000 gallons or less), and (iii) other categories of aboveground storage tanks, including those located within a building or structure, as deemed appropriate;\n\t\t\tb. To prevent overfills, requirements for safe fill and shut down procedures;\n\t\t\tc. To prevent leaks from piping, requirements for pressure testing to be conducted at least once every five years or equivalent measures established by the Board; and\n\t\t\td. To prevent and identify leaks from any source, requirements for a visual inspection of the facility each day of normal operations and a weekly inspection of the facility with a checklist approved by the Board, performed by a person certified or trained by the operator in accordance with Board requirements developed in accordance with subdivision 1.3\n\nFor aboveground storage tanks existing prior to the effective date of the regulations required by this section, when the results of a tank inspection indicate the need for replacement of the tank bottom, the operator of a facility shall install a release prevention barrier (RPB) capable of: (i) preventing the release of the oil and (ii) containing or channeling the oil for leak detection. The decision to replace an existing tank bottom shall be based on the criteria established by regulations pursuant to this section.4\n\nFor aboveground storage tanks at facilities with an aggregate capacity of one million gallons or greater existing prior to January 29, 1992, and located in the City of Fairfax, the Board shall establish performance standards for operators to bring aboveground storage tanks into substantial conformance with regulations adopted in accordance with subdivision 5. Operators shall meet such performance standards no later than July 1, 2021.5\n\nThe Board shall establish performance standards for aboveground storage tanks installed, retrofitted or brought into use after the effective date of the regulations promulgated pursuant to this subsection that incorporate all technologies designed to prevent oil discharges that have been proven in accordance with accepted industry practices and shown to be cost-effective.6\n\nThe Board shall establish criteria for granting variances from the requirements of the regulations promulgated pursuant to this section (i) on a case-by-case basis and (ii) by regulation for categories of aboveground storage tanks, except that the Board shall not grant a variance that would result in an unreasonable risk to the public health or the environment. Variances by regulation shall be based on relevant factors such as tank size, use, and location. Within 30 days after the grant of a variance for a facility, the Board shall send written notification of the variance to the chief administrative officer of the locality in which the facility is located.","order_by":null,"text":{"0":{"id":280996,"text":"The Board shall adopt regulations and develop procedures necessary to prevent pollution of state waters, lands, or storm drain systems from the discharge of oil from new and existing aboveground storage tanks. These regulations shall be developed in substantial conformity with the current codes and standards recommended by the National Fire Protection Association. To the extent that they are consistent with the Board’s program, the Board shall incorporate accepted industry practices contained in the American Petroleum Institute publications and other accepted industry standards when developing the regulations contemplated by this section. The regulations shall provide the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":280997,"text":"For existing aboveground storage tanks at facilities with an aggregate capacity of one million gallons or greater:\n\t\t\ta. To prevent leaks from aboveground storage tanks, requirements for inventory control, testing for significant inventory variations (e.g., test procedures in accordance with accepted industry practices, where feasible, and approved by the Board) and formal tank inspections every five years in accordance with accepted industry practices and procedures approved by the Board. Initial testing shall be on a schedule approved by the Board. Aboveground storage tanks totally off ground with all associated piping off ground, aboveground storage tanks with a capacity of 5,000 gallons or less located within a building or structure designed to fully contain a discharge of oil, and aboveground storage tanks containing No. 5 or No. 6 fuel oil for consumption on the premises where stored shall not be subject to inventory control and testing for significant variations. In accordance with subdivision 6, the Board shall promulgate regulations which provide for variances from inventory control and testing for significant variation for (i) aboveground storage tanks with Release Prevention Barriers (RPBs) with all associated piping off ground, (ii) aboveground storage tanks with a de minimis capacity (12,000 gallons or less), and (iii) other categories of aboveground storage tanks, including those located within a building or structure, as deemed appropriate;\n\t\t\tb. To prevent overfills, requirements for safe fill and shut down procedures, including an audible staged alarm with immediate and controlled shut down procedures, or equivalent measures established by the Board;\n\t\t\tc. To prevent leaks from piping, requirements for cathodic protection, and pressure testing to be conducted at least once every five years, or equivalent measures established by the Board;\n\t\t\td. To prevent and identify leaks from any source, requirements (i) for a visual inspection of the facility each day of normal operations and a weekly inspection of the facility with a checklist approved by the Board, performed by a person certified or trained by the operator in accordance with Board requirements, (ii) for monthly gauging and inspection of all ground water monitoring wells located at the facility, and monitoring of the well head space for the presence of vapors indicating the presence of petroleum, and (iii) for quarterly sampling and laboratory analysis of the fluids present in each such monitoring well to determine the presence of petroleum or petroleum by-product contamination; and\n\t\t\te. To ensure proper training of individuals conducting inspections, requirements for proper certification or training by operators relative to aboveground storage tanks.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":280998,"text":"For existing aboveground storage tanks at facilities with an aggregate capacity of less than one million gallons but more than 25,000 gallons:\n\t\t\ta. To prevent leaks from aboveground storage tanks, requirements for inventory control and testing for significant inventory variations (e.g., test procedures in accordance with accepted industry practices, where feasible, and approved by the Board). Initial testing shall be on a schedule approved by the Board. Aboveground storage tanks totally off ground with all associated piping off ground, aboveground storage tanks with a capacity of 5,000 gallons or less located within a building or structure designed to fully contain a discharge of oil, and aboveground storage tanks containing No. 5 or No. 6 fuel oil for consumption on the premises where stored shall not be subject to inventory control and testing for significant variations. In accordance with subdivision 6, the Board shall promulgate regulations which provide for variances from inventory control and testing for significant variation for (i) aboveground storage tanks with Release Prevention Barriers (RPBs) with all associated piping off ground, (ii) aboveground storage tanks with a de minimis capacity (12,000 gallons or less), and (iii) other categories of aboveground storage tanks, including those located within a building or structure, as deemed appropriate;\n\t\t\tb. To prevent overfills, requirements for safe fill and shut down procedures;\n\t\t\tc. To prevent leaks from piping, requirements for pressure testing to be conducted at least once every five years or equivalent measures established by the Board; and\n\t\t\td. To prevent and identify leaks from any source, requirements for a visual inspection of the facility each day of normal operations and a weekly inspection of the facility with a checklist approved by the Board, performed by a person certified or trained by the operator in accordance with Board requirements developed in accordance with subdivision 1.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":280999,"text":"For aboveground storage tanks existing prior to the effective date of the regulations required by this section, when the results of a tank inspection indicate the need for replacement of the tank bottom, the operator of a facility shall install a release prevention barrier (RPB) capable of: (i) preventing the release of the oil and (ii) containing or channeling the oil for leak detection. The decision to replace an existing tank bottom shall be based on the criteria established by regulations pursuant to this section.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":281000,"text":"For aboveground storage tanks at facilities with an aggregate capacity of one million gallons or greater existing prior to January 29, 1992, and located in the City of Fairfax, the Board shall establish performance standards for operators to bring aboveground storage tanks into substantial conformance with regulations adopted in accordance with subdivision 5. Operators shall meet such performance standards no later than July 1, 2021.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":281001,"text":"The Board shall establish performance standards for aboveground storage tanks installed, retrofitted or brought into use after the effective date of the regulations promulgated pursuant to this subsection that incorporate all technologies designed to prevent oil discharges that have been proven in accordance with accepted industry practices and shown to be cost-effective.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":281002,"text":"The Board shall establish criteria for granting variances from the requirements of the regulations promulgated pursuant to this section (i) on a case-by-case basis and (ii) by regulation for categories of aboveground storage tanks, except that the Board shall not grant a variance that would result in an unreasonable risk to the public health or the environment. Variances by regulation shall be based on relevant factors such as tank size, use, and location. Within 30 days after the grant of a variance for a facility, the Board shall send written notification of the variance to the chief administrative officer of the locality in which the facility is located.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"ancestry":[{"id":14927,"edition_id":1,"name":"Discharge of Oil Into Waters","identifier":"11","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:50:50","date_modified":"2026-06-26 03:50:50","permalink":{"id":269219,"object_type":"structure","relational_id":14927,"identifier":"11","token":"62.1\/3.1\/11","url":"\/62.1\/3.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82013,"structure_id":14927,"section_number":"62.1-44.34:14","catch_line":"Definitions","url":"\/62.1-44.34_14\/","token":"62.1\/3.1\/11\/62.1-44.34_14","metadata":false},{"id":76513,"structure_id":14927,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","url":"\/62.1-44.34_15\/","token":"62.1\/3.1\/11\/62.1-44.34_15","metadata":false},{"id":78401,"structure_id":14927,"section_number":"62.1-44.34:15.1","catch_line":"Regulations for aboveground storage tanks","url":"\/62.1-44.34_15.1\/","token":"62.1\/3.1\/11\/62.1-44.34_15.1","metadata":false},{"id":62684,"structure_id":14927,"section_number":"62.1-44.34:16","catch_line":"Financial responsibility for vessels and facilities","url":"\/62.1-44.34_16\/","token":"62.1\/3.1\/11\/62.1-44.34_16","metadata":false},{"id":73860,"structure_id":14927,"section_number":"62.1-44.34:17","catch_line":"Exemptions","url":"\/62.1-44.34_17\/","token":"62.1\/3.1\/11\/62.1-44.34_17","metadata":false},{"id":76130,"structure_id":14927,"section_number":"62.1-44.34:18","catch_line":"Discharge of oil prohibited; liability for permitting discharge","url":"\/62.1-44.34_18\/","token":"62.1\/3.1\/11\/62.1-44.34_18","metadata":false},{"id":70352,"structure_id":14927,"section_number":"62.1-44.34:19","catch_line":"Reporting of discharge","url":"\/62.1-44.34_19\/","token":"62.1\/3.1\/11\/62.1-44.34_19","metadata":false},{"id":56968,"structure_id":14927,"section_number":"62.1-44.34:19.1","catch_line":"Registration of aboveground storage tanks","url":"\/62.1-44.34_19.1\/","token":"62.1\/3.1\/11\/62.1-44.34_19.1","metadata":false},{"id":71617,"structure_id":14927,"section_number":"62.1-44.34:19.2","catch_line":"Recordkeeping and access to records and facilities","url":"\/62.1-44.34_19.2\/","token":"62.1\/3.1\/11\/62.1-44.34_19.2","metadata":false},{"id":69301,"structure_id":14927,"section_number":"62.1-44.34:20","catch_line":"Enforcement and penalties","url":"\/62.1-44.34_20\/","token":"62.1\/3.1\/11\/62.1-44.34_20","metadata":false},{"id":60531,"structure_id":14927,"section_number":"62.1-44.34:21","catch_line":"Administrative fees","url":"\/62.1-44.34_21\/","token":"62.1\/3.1\/11\/62.1-44.34_21","metadata":false},{"id":72481,"structure_id":14927,"section_number":"62.1-44.34:22","catch_line":"Applicability of Administrative Process Act","url":"\/62.1-44.34_22\/","token":"62.1\/3.1\/11\/62.1-44.34_22","metadata":false},{"id":67138,"structure_id":14927,"section_number":"62.1-44.34:23","catch_line":"Exceptions","url":"\/62.1-44.34_23\/","token":"62.1\/3.1\/11\/62.1-44.34_23","metadata":false}],"previous_section":{"id":76513,"structure_id":14927,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","url":"\/62.1-44.34_15\/","token":"62.1\/3.1\/11\/62.1-44.34_15","metadata":false},"next_section":{"id":62684,"structure_id":14927,"section_number":"62.1-44.34:16","catch_line":"Financial responsibility for vessels and facilities","url":"\/62.1-44.34_16\/","token":"62.1\/3.1\/11\/62.1-44.34_16","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:15.1\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 456 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 353; in 1994, chapter 277<\/a>; in 1996, chapter 737<\/a>; in 2011, chapters 883<\/a> and 884<\/a>.<\/p>","references":[{"id":73860,"section_number":"62.1-44.34:17","catch_line":"Exemptions","order_by":null,"url":"\/62.1-44.34_17\/"},{"id":70352,"section_number":"62.1-44.34:19","catch_line":"Reporting of discharge","order_by":null,"url":"\/62.1-44.34_19\/"}],"refers_to":false,"permalink":{"id":269229,"object_type":"law","relational_id":78401,"identifier":"62.1-44.34:15.1","token":"62.1\/3.1\/11\/62.1-44.34_15.1","url":"\/62.1-44.34_15.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_15.1\/","token":"62.1\/3.1\/11\/62.1-44.34_15.1","dublin_core":{"Title":"Regulations for aboveground storage tanks","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:15.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board<\/span> shall adopt regulations<\/span> and develop procedures necessary to prevent pollution<\/span> of state waters<\/span>, lands, or storm drain systems from the discharge<\/span> of oil<\/span> from new and existing aboveground storage tanks<\/span>. These regulations<\/span> shall be developed in substantial conformity with the current codes and standards<\/span> recommended by the National Fire Protection Association. To the extent that they are consistent with the Board<\/span>’s program, the Board<\/span> shall incorporate accepted industry practices contained in the American Petroleum Institute publications and other accepted industry standards<\/span> when developing the regulations<\/span> contemplated by this section. The regulations<\/span> shall provide the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For existing aboveground storage tanks<\/span> at facilities with an aggregate capacity of one million gallons or greater:\n\t\t\ta. To prevent leaks from aboveground storage tanks<\/span>, requirements for inventory control, testing for significant inventory variations (e.g., test procedures in accordance with accepted industry practices, where feasible, and approved by the Board<\/span>) and formal tank<\/span> inspections every five years in accordance with accepted industry practices and procedures approved by the Board<\/span>. Initial testing shall be on a schedule approved by the Board<\/span>. Aboveground storage tanks<\/span> totally off ground with all associated piping off ground, aboveground storage tanks<\/span> with a capacity of 5,000 gallons or less located within a building or structure designed to fully contain a discharge<\/span> of oil<\/span>, and aboveground storage tanks<\/span> containing No. 5 or No. 6 fuel oil<\/span> for consumption on the premises where stored shall not be subject to inventory control and testing for significant variations. In accordance with subdivision 6, the Board<\/span> shall promulgate regulations<\/span> which provide for variances from inventory control and testing for significant variation for (i) aboveground storage tanks<\/span> with Release Prevention Barriers (RPBs) with all associated piping off ground, (ii) aboveground storage tanks<\/span> with a de minimis capacity (12,000 gallons or less), and (iii) other categories of aboveground storage tanks<\/span>, including those located within a building or structure, as deemed appropriate;\n\t\t\tb. To prevent overfills, requirements for safe fill and shut down procedures, including an audible staged alarm with immediate and controlled shut down procedures, or equivalent measures established by the Board<\/span>;\n\t\t\tc. To prevent leaks from piping, requirements for cathodic protection, and pressure testing to be conducted at least once every five years, or equivalent measures established by the Board<\/span>;\n\t\t\td. To prevent and identify leaks from any source, requirements (i) for a visual inspection of the facility<\/span> each day of normal operations and a weekly inspection of the facility<\/span> with a checklist approved by the Board<\/span>, performed by a person<\/span> certified or trained by the operator<\/span> in accordance with Board<\/span> requirements, (ii) for monthly gauging and inspection of all ground water monitoring wells located at the facility<\/span>, and monitoring of the well head space for the presence of vapors indicating the presence of petroleum, and (iii) for quarterly sampling and laboratory analysis of the fluids present in each such monitoring well to determine the presence of petroleum or petroleum by-product contamination; and\n\t\t\te. To ensure proper training of individuals conducting inspections, requirements for proper certification or training by operators<\/span> relative to aboveground storage tanks<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For existing aboveground storage tanks<\/span> at facilities with an aggregate capacity of less than one million gallons but more than 25,000 gallons:\n\t\t\ta. To prevent leaks from aboveground storage tanks<\/span>, requirements for inventory control and testing for significant inventory variations (e.g., test procedures in accordance with accepted industry practices, where feasible, and approved by the Board<\/span>). Initial testing shall be on a schedule approved by the Board<\/span>. Aboveground storage tanks<\/span> totally off ground with all associated piping off ground, aboveground storage tanks<\/span> with a capacity of 5,000 gallons or less located within a building or structure designed to fully contain a discharge<\/span> of oil<\/span>, and aboveground storage tanks<\/span> containing No. 5 or No. 6 fuel oil<\/span> for consumption on the premises where stored shall not be subject to inventory control and testing for significant variations. In accordance with subdivision 6, the Board<\/span> shall promulgate regulations<\/span> which provide for variances from inventory control and testing for significant variation for (i) aboveground storage tanks<\/span> with Release Prevention Barriers (RPBs) with all associated piping off ground, (ii) aboveground storage tanks<\/span> with a de minimis capacity (12,000 gallons or less), and (iii) other categories of aboveground storage tanks<\/span>, including those located within a building or structure, as deemed appropriate;\n\t\t\tb. To prevent overfills, requirements for safe fill and shut down procedures;\n\t\t\tc. To prevent leaks from piping, requirements for pressure testing to be conducted at least once every five years or equivalent measures established by the Board<\/span>; and\n\t\t\td. To prevent and identify leaks from any source, requirements for a visual inspection of the facility<\/span> each day of normal operations and a weekly inspection of the facility<\/span> with a checklist approved by the Board<\/span>, performed by a person<\/span> certified or trained by the operator<\/span> in accordance with Board<\/span> requirements developed in accordance with subdivision 1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For aboveground storage tanks<\/span> existing prior to the effective date of the regulations<\/span> required by this section, when the results of a tank<\/span> inspection indicate the need for replacement of the tank<\/span> bottom, the operator<\/span> of a facility<\/span> shall install a release prevention barrier (RPB) capable of: (i) preventing the release of the oil<\/span> and (ii) containing or channeling the oil<\/span> for leak detection. The decision to replace an existing tank<\/span> bottom shall be based on the criteria established by regulations<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For aboveground storage tanks<\/span> at facilities with an aggregate capacity of one million gallons or greater existing prior to January 29, 1992, and located in the City of Fairfax, the Board<\/span> shall establish performance standards<\/span> for operators<\/span> to bring aboveground storage tanks<\/span> into substantial conformance with regulations<\/span> adopted in accordance with subdivision 5. Operators<\/span> shall meet such performance standards<\/span> no later than July 1, 2021. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Board<\/span> shall establish performance standards<\/span> for aboveground storage tanks<\/span> installed, retrofitted or brought into use after the effective date of the regulations<\/span> promulgated pursuant to this subsection that incorporate all technologies designed to prevent oil<\/span> discharges<\/span> that have been proven in accordance with accepted industry practices and shown to be cost-effective. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Board<\/span> shall establish criteria for granting variances from the requirements of the regulations<\/span> promulgated pursuant to this section (i) on a case-by-case basis and (ii) by regulation<\/span> for categories of aboveground storage tanks<\/span>, except that the Board<\/span> shall not grant a variance that would result in an unreasonable risk to the public health or the environment. Variances by regulation<\/span> shall be based on relevant factors such as tank<\/span> size, use, and location. Within 30 days after the grant of a variance for a facility<\/span>, the Board<\/span> shall send written notification of the variance to the chief administrative officer of the locality in which the facility<\/span> is located. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATIONS FOR ABOVEGROUND STORAGE TANKS (\u00a7 62.1-44.34:15.1)\n\nThe Board shall adopt regulations and develop procedures necessary to prevent\npollution of state waters, lands, or storm drain systems from the discharge of\noil from new and existing aboveground storage tanks. These regulations shall be\ndeveloped in substantial conformity with the current codes and standards\nrecommended by the National Fire Protection Association. To the extent that they\nare consistent with the Board’s program, the Board shall incorporate\naccepted industry practices contained in the American Petroleum Institute\npublications and other accepted industry standards when developing the\nregulations contemplated by this section. The regulations shall provide the\nfollowing:\n\n1. For existing aboveground storage tanks at facilities with an aggregate\ncapacity of one million gallons or greater:\n\t\t\ta. To prevent leaks from aboveground storage tanks, requirements for\ninventory control, testing for significant inventory variations (e.g., test\nprocedures in accordance with accepted industry practices, where feasible, and\napproved by the Board) and formal tank inspections every five years in\naccordance with accepted industry practices and procedures approved by the\nBoard. Initial testing shall be on a schedule approved by the Board. Aboveground\nstorage tanks totally off ground with all associated piping off ground,\naboveground storage tanks with a capacity of 5,000 gallons or less located\nwithin a building or structure designed to fully contain a discharge of oil, and\naboveground storage tanks containing No. 5 or No. 6 fuel oil for consumption on\nthe premises where stored shall not be subject to inventory control and testing\nfor significant variations. In accordance with subdivision 6, the Board shall\npromulgate regulations which provide for variances from inventory control and\ntesting for significant variation for (i) aboveground storage tanks with Release\nPrevention Barriers (RPBs) with all associated piping off ground, (ii)\naboveground storage tanks with a de minimis capacity (12,000 gallons or less),\nand (iii) other categories of aboveground storage tanks, including those located\nwithin a building or structure, as deemed appropriate;\n\t\t\tb. To prevent overfills, requirements for safe fill and shut down procedures,\nincluding an audible staged alarm with immediate and controlled shut down\nprocedures, or equivalent measures established by the Board;\n\t\t\tc. To prevent leaks from piping, requirements for cathodic protection, and\npressure testing to be conducted at least once every five years, or equivalent\nmeasures established by the Board;\n\t\t\td. To prevent and identify leaks from any source, requirements (i) for a\nvisual inspection of the facility each day of normal operations and a weekly\ninspection of the facility with a checklist approved by the Board, performed by\na person certified or trained by the operator in accordance with Board\nrequirements, (ii) for monthly gauging and inspection of all ground water\nmonitoring wells located at the facility, and monitoring of the well head space\nfor the presence of vapors indicating the presence of petroleum, and (iii) for\nquarterly sampling and laboratory analysis of the fluids present in each such\nmonitoring well to determine the presence of petroleum or petroleum by-product\ncontamination; and\n\t\t\te. To ensure proper training of individuals conducting inspections,\nrequirements for proper certification or training by operators relative to\naboveground storage tanks.\n\n2. For existing aboveground storage tanks at facilities with an aggregate\ncapacity of less than one million gallons but more than 25,000 gallons:\n\t\t\ta. To prevent leaks from aboveground storage tanks, requirements for\ninventory control and testing for significant inventory variations (e.g., test\nprocedures in accordance with accepted industry practices, where feasible, and\napproved by the Board). Initial testing shall be on a schedule approved by the\nBoard. Aboveground storage tanks totally off ground with all associated piping\noff ground, aboveground storage tanks with a capacity of 5,000 gallons or less\nlocated within a building or structure designed to fully contain a discharge of\noil, and aboveground storage tanks containing No. 5 or No. 6 fuel oil for\nconsumption on the premises where stored shall not be subject to inventory\ncontrol and testing for significant variations. In accordance with subdivision\n6, the Board shall promulgate regulations which provide for variances from\ninventory control and testing for significant variation for (i) aboveground\nstorage tanks with Release Prevention Barriers (RPBs) with all associated piping\noff ground, (ii) aboveground storage tanks with a de minimis capacity (12,000\ngallons or less), and (iii) other categories of aboveground storage tanks,\nincluding those located within a building or structure, as deemed appropriate;\n\t\t\tb. To prevent overfills, requirements for safe fill and shut down procedures;\n\t\t\tc. To prevent leaks from piping, requirements for pressure testing to be\nconducted at least once every five years or equivalent measures established by\nthe Board; and\n\t\t\td. To prevent and identify leaks from any source, requirements for a visual\ninspection of the facility each day of normal operations and a weekly inspection\nof the facility with a checklist approved by the Board, performed by a person\ncertified or trained by the operator in accordance with Board requirements\ndeveloped in accordance with subdivision 1.\n\n3. For aboveground storage tanks existing prior to the effective date of the\nregulations required by this section, when the results of a tank inspection\nindicate the need for replacement of the tank bottom, the operator of a facility\nshall install a release prevention barrier (RPB) capable of: (i) preventing the\nrelease of the oil and (ii) containing or channeling the oil for leak detection.\nThe decision to replace an existing tank bottom shall be based on the criteria\nestablished by regulations pursuant to this section.\n\n4. For aboveground storage tanks at facilities with an aggregate capacity of one\nmillion gallons or greater existing prior to January 29, 1992, and located in\nthe City of Fairfax, the Board shall establish performance standards for\noperators to bring aboveground storage tanks into substantial conformance with\nregulations adopted in accordance with subdivision 5. Operators shall meet such\nperformance standards no later than July 1, 2021.\n\n5. The Board shall establish performance standards for aboveground storage tanks\ninstalled, retrofitted or brought into use after the effective date of the\nregulations promulgated pursuant to this subsection that incorporate all\ntechnologies designed to prevent oil discharges that have been proven in\naccordance with accepted industry practices and shown to be cost-effective.\n\n6. The Board shall establish criteria for granting variances from the\nrequirements of the regulations promulgated pursuant to this section (i) on a\ncase-by-case basis and (ii) by regulation for categories of aboveground storage\ntanks, except that the Board shall not grant a variance that would result in an\nunreasonable risk to the public health or the environment. Variances by\nregulation shall be based on relevant factors such as tank size, use, and\nlocation. Within 30 days after the grant of a variance for a facility, the Board\nshall send written notification of the variance to the chief administrative\nofficer of the locality in which the facility is located.\n\nHISTORY: 1992, c. 456; 1993, c. 353; 1994, c. 277; 1996, c. 737; 2011, cc. 883,\n884.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}