As mandated by WV Code, Chapter 20, Article 30, Section 6 (WV Code §22-30-6 or the Act) and Legislative Rule Title 47, Series 63, Section 5.2 (47 CSR 63-5.2) each regulated Level 1 and 2 aboveground storage tank and its associated secondary containment structure must be evaluated and certified by a qualified person, as described below:
- professional engineer licensed by the State Board of Registration for Professional Engineers, or
- qualified person working under the direct supervision of a professional engineer (PE) licensed by the State Board of Registration for Professional Engineers, or
- individual certified by the American Petroleum Institute (API) to perform tank inspections, or
- individual certified by the Steel Tank Institute (STI) to perform tank inspections
On or before January 28, 2017, and annually thereafter, owners or operators of a regulated aboveground storage tank shall submit a certification that the regulated AST and its associated secondary containment structure have been evaluated and meet the standards established in the AST Rule (47 CSR 63). Any Level 1 or Level 2 AST properly inspected and certified pursuant to the Interpretive Rule (47 CSR 62) will be considered to have met the initial inspection criteria under the AST Rule (47 CSR 63).
For Level 1 AST systems, the initial inspection conducted in accordance with 47 CSR 63 and subsequent inspections every third year thereafter shall be completed by a qualified person as described above. For Level 2 AST systems, the initial inspection conducted in accordance with 47 CSR 63 and subsequent inspections every fifth year thereafter shall be completed by a qualified person as described above.
For both Level 1 and Level 2 AST systems subject to the Rule, the tank owner or operator shall certify annual inspections in intervening years between the inspections performed by qualified persons. The owner or operator completing the inspection certification is not required to certify tank integrity but must certify whether or not any obvious change occurred to the AST System in intervening years between certifications performed by a PE, API, or STI certified inspector.
Inspection certifications must be uploaded through DEP’s
aboveground storage tanks registration system. If deficiencies were found during the inspection, documentation must be uploaded with the certification describing the deficiencies, and abatement measures with a proposed schedule for correcting the deficiencies. If the tank is certified Not Fit for Service, the proposed schedule must include requirements for repairs, replacement, or permanent removal from service of the AST until the AST is made Fit for Service.