An owner or operator of a regulated Level 1 and/or Level 2 aboveground storage tanks (AST) must submit a site specific Spill Prevention and Response Plan (“SPRP”) as prescribed in WV Code, Chapter 22, Article 30, Section 9 (WV Code §22-30-9). The SPRP is due on or before December 9, 2015. An overview of the requirements is provided below. In lieu of a plan developed in accordance with the requirements of WV Code §22-30-9, the owner or operator may certify that the regulated AST is subject to: (1) A groundwater protection plan approved by the secretary; or (2) a spill prevention control and countermeasures plan that complies with the requirements of 40 C.F.R. Part 112. Such plans must be submitted to the WVDEP upon request.
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Overview of the Spill Prevention Response Plan Requirement
Each owner or operator of an aboveground storage tank shall submit a Spill Prevention Response Plan to the WVDEP for review and approval on or before December 9, 2015. The plan must be re-submitted no less frequently than every 5 years for regulated Level 1 and Level 2 tanks. Note that a plan must be re-submitted if any of the following occurs:
- Substantial modifications to ASTs or increase in potential for fires, explosions or release.
- Substantial modification in emergency equipment
- Substantial changes in emergency response protocol
- The plan fails in an emergency
- Removal or addition of ASTs
- A request from the DEP
If the Plan is rejected, the Secretary will require modification as may be necessary and reasonable to protect public health.
The owner and operator of the aboveground storage tank shall submit a revised plan to the secretary for approval within thirty (30) days of receipt of notification of rejection by the Secretary.
The Spill Prevention Response Plan Must Address All of the Following Elements:
1. Fully Identify and Describe the Activities and Processes that Occur at the Site.
2. Identify Applicable Hazard and Process Information Including the Following:
- A list (name and Chemical Abstract Service number) of all types of fluids stored in ASTs
- Amount of fluids stored in each AST (provide maximum capacity and average storage volumes)
- Name and amounts of wastes generated that are stored in ASTs
- Provide an inventory of the types of fluids stored in regulated above ground storage tanks at the facility.
3. Safety Data Sheets (SDS) for Each Fluid Stored in ASTs at the Location.
The spill response plan must include a reference to the location of the Safety Data Sheet (SDS) required by the occupational Safety and Health Administration for all fluids stored in a regulated aboveground storage tanks at the facility.
4. Provide a Preventive Maintenance Program Detailing the Following:
- Leak detection monitoring
- Inspection procedures
- Employee training programs
- Corrosion protection and monitoring
- Spill prevention measures
5. Describe the general response procedures.
Detail the specific response that the facility and contract emergency personnel shall take upon the occurrence of any release of fluids from an AST at the facility.
6. Emergency Response Information:
- Identify all facility-related positions with duties and responsibilities for overseeing the implementation of the facilities’ plan and list all facility emergency coordinators.
- Contact information for all facility emergency coordinators
- Contact information for all known emergency response contractors
- Detail the specific response that the facility and contract emergency personnel shall take upon the occurrence of any release of fluids from an AST at the facility
- Provide contact information for the person or persons to be notified in the event of a release from an aboveground storage tank. At a minimum this list should include contact information for the following:
- County and municipal emergency management agencies
- The nearest downstream public water supply (this information will be provided to the tank owner by WVDEP when their AST registration is approved, for inclusion in this plan)
- WVDEP Spill line (1.800.642.3074)
For instructions on submitting the Spill Plan or Spill Plan Certification, click here