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WVDEP Releases Draft Rule Affecting Aboveground Storage Tanks

The West Virginia Department of Environmental Protection (WVDEP) has released a draft “Interpretative Rule” to implement certain inspection, certification, and spill prevention – response plan provisions of the Aboveground Storage Tank Act (AST Act) enacted earlier this year.  The AST Act requires that all qualifying aboveground tanks (generally those with a capacity of 1,320 gallons or more) be inspected and certified as suitable for use by January 1, 2015.  Owners of such tanks must also submit a “Spill Prevention Response Plan” to WVDEP by December 3, 2014.  Read our Administrative Watch for more information about the rulemaking and the AST Act.