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Administrative Code

Virginia Administrative Code
10/7/2024

Part II. UST Systems: Design, Construction, Installation, and Notification

9VAC25-580-50. Performance standards for new UST systems.

In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the requirements in this section.

Tanks and piping installed or replaced on or after September 15, 2010, must be secondarily contained and use interstitial monitoring in accordance with subdivision 7 of 9VAC25-580-160, except for suction piping that meets the requirements of subdivisions 2 a (2) (a) through (e) of 9VAC25-580-140. Secondary containment must be able to contain regulated substances leaked from the primary containment until they are detected and removed and prevent the release of regulated substances to the environment at any time during the operational life of the UST system. For cases where the piping is considered to be replaced, the entire piping run must be secondarily contained.

1. Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

a. The tank is constructed of fiberglass-reinforced plastic;

NOTE: The following codes of practice may be used to comply with subdivision 1 a of this section:

(1) Underwriters Laboratories Standard 1316, Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures; or

(2) Underwriter's Laboratories of Canada S615 Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids.

b. The tank is constructed of steel and cathodically protected in the following manner:

(1) The tank is coated with a suitable dielectric material;

(2) Field-installed cathodic protection systems are designed by a corrosion expert;

(3) Impressed current systems are designed to allow determination of current operating status as required in subdivision 3 of 9VAC25-580-90; and

(4) Cathodic protection systems are operated and maintained in accordance with 9VAC25-580-90; or

NOTE: The following codes of practice may be used to comply with subdivision 1 b of this section:

(a) Steel Tank Institute Specification for STI-P3® Specification and Manual for External Corrosion Protection of Underground SteelStorage Tanks;

(b) Underwriters Laboratories Standard 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks;

(c) Underwriters Laboratories of Canada S603, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, and S603.1, Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids, and S631, Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems

(d) Steel Tank Institute Standard F841, Standard for Dual Wall Underground Steel Storage Tanks; or

(e) NACE International Standard Practice SP0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and Underwriters Laboratories Standard 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.

c. The tank is constructed of steel and clad or jacketed with a noncorrodible material; or

NOTE: The following codes of practice may be used to comply with subdivision 1 c of this section:

(1) Underwriters Laboratories Standard 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks;

(2) Steel Tank Institute ACT-100® Specification F894, Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks;

(3) Steel Tank Institute ACT-100-U® Specification F961, Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks; or

(4) Steel Tank Institute Specification F922, Steel Tank Institute Specification for Permatank®.

d. The tank construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than subdivisions 1 a, 1 b, and 1 c of this section.

2. Piping. The piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

a. The piping is constructed of a noncorrodible material.

NOTE: The following codes of practice may be used to comply with subdivision 2 a of this section:

(1) Underwriters Laboratories Standard 971, Nonmetallic Underground Piping for Flammable Liquids; or

(2) Underwriters Laboratories of Canada Standard S660, Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids.

b. The piping is constructed of steel and cathodically protected in the following manner:

(1) The piping is coated with a suitable dielectric material;

(2) Field-installed cathodic protection systems are designed by a corrosion expert;

(3) Impressed current systems are designed to allow determination of current operating status as required in subdivision 3 of 9VAC25-580-90; and

(4) Cathodic protection systems are operated and maintained in accordance with 9VAC25-580-90; or

NOTE: The following codes of practice may be used to comply with subdivision 2 b of this section:

(a) American Petroleum Institute Recommended Practice 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems;

(b) Underwriters Laboratories Subject 971A, Outline of Investigation for Metallic Underground Fuel Pipe;

(c) Steel Tank Institute Recommended Practice R892, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems;

(d) NACE International Standard Practice SP0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems; or

(e) NACE International Standard Practice SP0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.

c. The piping construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in subdivisions 2 a and 2 b of this section.

3. Spill and overfill prevention equipment.

a. Except as provided in subdivisions 3 b and 3 c of this section, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use the following spill and overfill prevention equipment:

(1) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin); and

(2) Overfill prevention equipment that will:

(a) Automatically shut off flow into the tank when the tank is no more than 95% full;

(b) Alert the transfer operator when the tank is no more than 90% full by restricting the flow into the tank or triggering a high-level alarm; or

(c) Restrict the flow 30 minutes prior to overfilling, alert the transfer operator with a high level alarm one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.

b. Owners and operators are not required to use the spill and overfill prevention equipment specified in subdivision 3 a of this section if:

(1) Alternative equipment is used that is determined by the department to be no less protective of human health and the environment than the equipment specified in subdivision 3 a (1) or 3 a (2) of this section; or

(2) The UST system is filled by transfers of no more than 25 gallons at one time.

c. Flow restrictors used in vent lines may not be used to comply with subdivision 3 a (2) of this section when overfill protection is installed or replaced on or after January 1, 2018.

d. Spill and overfill protection equipment must be periodically tested or inspected in accordance with 9VAC25-580-82.

4. Installation.

a. The UST system must be properly installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer's instructions.

b. Owners and operators must obtain a permit and the required inspections in accordance with the provisions of the Virginia Uniform Statewide Building Code (§ 36-97 et seq. of the Code of Virginia). No UST system shall be installed or placed into use without the owner and operator having obtained the required permit and inspections from the building official under the provisions of the Virginia Uniform Statewide Building Code.

In the case of state-owned facilities, the Department of General Services shall function as the building official in accordance with § 36-98.1 of the Code of Virginia.

In the case of federal facilities, the building official must be contacted. Owners and operators must obtain a permit and the required inspections must be issued in accordance with the provisions of the Virginia Uniform Statewide Building Code.

NOTE: Tank and piping system installation practices and procedures described in the following codes of practice may be used to comply with the requirements of subdivision 4 of this section:

(1) American Petroleum Institute Publication 1615, Installation of Underground Petroleum Storage System;

(2) Petroleum Equipment Institute Publication RP100, Recommended Practices for Installation of Underground Liquid Storage Systems; or

(3) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code and Standard 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.

NOTE: These industry codes require that prior to bringing the system into use the following tests be performed: (i) tank tightness test (air); (ii) pipe tightness test (air or hydrostatic); and (iii) precision system test.

5. Certification of installation. All owners and operators must ensure that one or more of the following methods of certification, testing, or inspection in subdivisions 5 a through 5 d of this section is performed, and a permit has been issued in accordance with the provisions of the Virginia Uniform Statewide Building Code to demonstrate compliance with subdivision 4 of this section. A certification of compliance on the UST Notification form must be submitted to the department in accordance with 9VAC25-580-70.

a. The installer has been certified by the tank and piping manufacturers;

b. The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation;

c. All work listed in the manufacturer's installation checklists has been completed; or

d. The owner and operator have complied with another method for ensuring compliance with subdivision 4 of this section that is determined by the department to be no less protective of human health and the environment.

6. Release detection. Release detection shall be provided in accordance with Part IV (9VAC25-580-130 et seq.) of this chapter.

7. Dispenser systems. Each UST system must be equipped with under-dispenser containment for any new dispenser system installed on or after September 15, 2010.

a. A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at an UST facility. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.

b. Under-dispenser containment must be liquid-tight on its sides, bottom, and at any penetrations. Under-dispenser containment must allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.

Historical Notes

Derived from VR680-13-02 § 2.1, eff. October 25, 1989; amended, Virginia Register Volume 20, Issue 12, eff. March 24, 2004; Volume 26, Issue 25, eff. September 15, 2010; Volume 34, Issue 1, eff. January 1, 2018; Errata, 34:4 VA.R. 503 October 16, 2017; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-580-60. Upgrading of existing UST systems.

Owners and operators must permanently close in accordance with Part VII (9VAC25-580-310 et seq.) of this chapter any UST system that does not meet the new UST system performance standards in 9VAC25-580-50 or has not been upgraded in accordance with subdivisions 2, 3, and 4 of this section. This does not apply to previously deferred UST systems described in Part X (9VAC25-580-380 et seq.) of this chapter and where an upgrade is determined to be appropriate by the department.

Owners and operators must obtain a permit and the required inspections in accordance with the provisions of the Virginia Uniform Statewide Building Code (§ 36-97 et seq. of the Code of Virginia).

A permit from the building official must be obtained prior to upgrading any UST system. No upgraded UST system shall be placed into use unless and until the system is inspected in accordance with the provisions of the Virginia Uniform Statewide Building Code (§ 36-97 et seq. of the Code of Virginia).

In the case of state-owned facilities, the Department of General Services shall function as the building official in accordance with § 36-98.1 of the Code of Virginia.

In the case of federal facilities the building official must be contacted. Owners and operators must obtain a permit and the required inspections in accordance with the provisions of the Virginia Uniform Statewide Building Code (§ 36-97 et seq. of the Code of Virginia).

1. Alternatives allowed. All existing UST systems must comply with one of the following requirements:

a. New UST system performance standards under 9VAC25-580-50;

b. The upgrading requirements in subdivisions 2, 3, and 4 of this section; or

c. Closure requirements under Part VII of this chapter, including applicable requirements for corrective action under Part VI (9VAC25-580-230 et seq.) of this chapter.

2. Tank upgrading requirements. Steel tanks must be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:

a. Interior lining. Tanks upgraded by internal lining must meet the following:

(1) The lining was installed in accordance with the requirements of 9VAC25-580-110; and

(2) Within 10 years after lining, and every five years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. If the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, then the lined tank must be permanently closed in accordance with Part VII of this chapter.

b. Cathodic protection. Tanks upgraded by cathodic protection must meet the requirements of 9VAC25-580-50 1 b (2), (3), and (4) and the integrity of the tank must have been ensured using one of the following methods:

(1) The tank was internally inspected and assessed to ensure that the tank was structurally sound and free of corrosion holes prior to installing the cathodic protection system;

(2) The tank had been installed for less than 10 years and is monitored monthly for releases in accordance with subdivisions 4 through 9 of 9VAC25-580-160;

(3) The tank had been installed for less than 10 years and was assessed for corrosion holes by conducting two tightness tests that meet the requirements of subdivision 3 of 9VAC25-580-160. The first tightness test must have been conducted prior to installing the cathodic protection system. The second tightness test must have been conducted between three and six months following the first operation of the cathodic protection system; or

(4) The tank was assessed for corrosion holes by a method that is determined by the department to prevent releases in a manner that is no less protective of human health and the environment than subdivisions 2 b (1), (2), and (3) of this section.

c. Internal lining combined with cathodic protection. Tanks upgraded by both internal lining and cathodic protection must meet the following:

(1) The lining was installed in accordance with the requirements of 9VAC25-580-110; and

(2) The cathodic protection system meets the requirements of subdivisions 1 b (2), (3), and (4) of 9VAC25-580-50.

NOTE: The following historical codes of practice were listed as options for complying with subdivision 2 of this section:

(a) American Petroleum Institute Publication 1631, Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks;

(b) National Leak Prevention Association Standard 631, Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection;

(c) National Association of Corrosion Engineers Standard RP-02-85, Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems; and

(d) American Petroleum Institute Recommended Practice 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.

NOTE: The following codes of practice may be used to comply with the periodic lining inspection requirement in subdivision 2 a (2) of this section:

(a) American Petroleum Institute Recommended Practice 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks;

(b) National Leak Prevention Association Standard 631, Chapter B Future Internal Inspection Requirements for Lined Tanks; or

(c) Ken Wilcox Associates Recommended Practice, Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera.

3. Piping upgrading requirements. Metal piping that routinely contains regulated substances and is in contact with the ground must be cathodically protected in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and must meet the requirements of subdivisions 2 b (2), (3) and (4) of 9VAC25-580-50.

NOTE: The codes of practice listed in the note following subdivision 2 b of 9VAC25-580-50 may be used to comply with this requirement.

4. Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with UST system spill and overfill prevention equipment requirements specified in subdivision 3 of 9VAC25-580-50.

5. Release detection. Release detection shall be provided in accordance with Part IV (9VAC25-580-130 et seq.) of this chapter.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.

Historical Notes

Derived from VR680-13-02 § 2.2, eff. October 25, 1989; amended, Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Errata, 34:4 VA.R. 503 October 16, 2017; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-580-70. Notification requirements.

A. After May 8, 1986, an owner must submit notice of a tank system's existence to the department within 30 days of bringing the underground storage tank system into use. Owners must use a UST Notification form approved by the department.

B. Any change in ownership, tank status, tank/piping systems, or substance stored requires the UST owner to submit an amended notification form, or other documentation approved by the department, within 30 days after such change or upgrade occurs or is brought into use. Owners may provide notice for several tanks using one notification form, but owners with tanks located at more than one place of operation must file a separate notification form for each separate place of operation.

C. Under Virginia UST notification requirements effective July 1, 1987, owners of property who have actual knowledge of underground storage tanks on such property that were taken out of service before January 1, 1974, yet are still in the ground, must notify the department on the notification form.

NOTE: Under the federal UST Notification Program, owners and operators of UST systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the department in accordance with the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 (42 USC § 9603), on a form published by EPA on November 8, 1985, (50 FR 46602) unless notice was given pursuant to § 103(c) of CERCLA. Owners and operators who have not complied with the notification requirements may use portions I through VI of the UST Notification form approved by the department.

D. All owners and operators of new UST systems must certify in the notification form compliance with the following requirements:

1. Installation of tanks and piping under subdivision 5 of 9VAC25-580-50.

2. Cathodic protection of steel tanks and piping under subdivisions 1 and 2 of 9VAC25-580-50.

3. Financial responsibility under financial responsibility regulations promulgated by the board under 9VAC25-590.

4. Release detection under 9VAC25-580-140 and 9VAC25-580-150.

E. All owners and operators of new UST systems must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping comply with the requirements in subdivision 4 of 9VAC25-580-50.

F. Beginning October 24, 1988, any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of such tank of the owner's notification obligations under subsection A of this section. The statement provided in the following note, when used on shipping tickets and invoices, may be used to comply with this requirement:

NOTE: A federal law (the Solid Waste Disposal Act, 42 USC § 6901 et seq.) requires owners of certain underground storage tanks to notify implementing agencies of the existence of their tanks. Notifications must be made within 30 days of bringing the tank into use. Consult EPA's regulations at 40 CFR 280.22 to determine if you are affected by this law.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.

Historical Notes

Derived from VR680-13-02 § 2.3, eff. October 25, 1989; amended, Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Errata, 34:4 VA.R. 503 October 16, 2017; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

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