Vol. 28 Iss. 6 - November 21, 2011

Chapter 91
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-91, Facility and Aboveground Storage Tank (AST) Regulation. These regulations are necessary to prevent pollution of state waters, lands, and storm drain systems from the discharge of oil from new and existing aboveground storage tanks. The regulations include (i) registration requirements for registration of facilities and individual petroleum aboveground storage tanks located within the Commonwealth; (ii) standards and procedures to prevent pollution from new and existing aboveground storage tanks; and (iii) requirements for the development of facility oil discharge contingency plans for facilities with an aggregate capacity of 25,000 gallons or greater of oil. The goals of this regulatory action are to improve the clarity of the regulation, make the requirements more easily understandable by the individuals and entities affected, and bring applicable portions of the regulation into conformity with related laws, federal regulations, and current industry standards. This regulatory action will include revisions that address performance standards for certain aboveground storage tanks that are required by Chapter 884 of the 2011 Acts of Assembly.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 62.1-44.15, 62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of Virginia.

Public Comment Deadline: January 23, 2012.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email

VA.R. Doc. No. R12-3011; Filed November 1, 2011, 9:21 a.m.