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.
Earlier this week, U.S. EPA published final revisions to the New Source Performance Standards for the Oil and Natural Gas Sector (i.e., 40 CFR 60, Subpart OOOO). As discussed in a previous post, EPA has made significant changes to the provisions affecting storage tanks. The revised regulations are effective immediately. Additional information is available here.
On March 28, 2013, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of proposed amendments to the Oil and Natural Gas Sector New Source Performance Standards (NSPS). EPA published the final oil and gas NSPS in August 2012, and is now proposing changes to the rule in response to petitions filed by industry and environmental groups. The proposed amendments would affect a variety of storage tanks associated with the oil and natural gas production process.