                                 CODE OF VIRGINIA

EXEMPTIONS (§ 62.1-44.34:17)

A. Sections 62.1-44.34:15 and 62.1-44.34:16 do not apply to a facility having a
maximum storage or handling capacity of less than 25,000 gallons of oil or to a
tank vessel having a maximum storage, handling or transporting capacity of less
than 15,000 gallons of oil or to a tank used to contain oil for less than 120
days and only in connection with activities related to the containment and
cleanup of oil or to any vessel engaged only in activities within state waters
related to the containment and cleanup of oil, including response-related
training or drills.

B. Facilities having a maximum storage or handling capacity of between 25,000
gallons and one million gallons of oil shall be exempt until July 1, 1993, from
any requirement under &#xA7; 62.1-44.34:15 to install ground water monitoring
wells or other ground water protection devices.

C. For purposes of &#xA7;&#xA7; 62.1-44.34:15 and 62.1-44.34:16, the definition
of oil does not include nonpetroleum hydrocarbon-based animal and vegetable
oils, or petroleum, including crude oil or any fraction thereof, which is
specifically listed or designated as a hazardous substance under subparagraphs
(A) through (F) of section 101 (14) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. &#xA7; 9601) and which is subject to
the provisions of that Act.

D. Facilities not engaged in the resale of oil from aboveground storage tanks
shall not be subject to regulations promulgated pursuant to &#xA7;
62.1-44.34:15.1 until July 1, 1995, or any date later specified by the Board.

E. Aboveground storage tanks with a capacity of 5,000 gallons or less containing
heating oil for consumption on the premises where stored shall be exempt from
the provisions of &#xA7; 62.1-44.34:15.1.

F. For purposes of &#xA7;&#xA7; 62.1-44.34:15.1 and 62.1-44.34:16, and for the
purposes of any requirement under &#xA7; 62.1-44.34:15 to install ground water
monitoring wells, ground water protection devices, or to conduct ground water
characterization studies, the definition of oil does not include asphalt and
asphalt compounds which are not liquid at standard conditions of temperature and
pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).

HISTORY: 1990, c. 917; 1992, c. 456; 1994, cc. 277, 460.