DEP Taking Public Comments on Interpretive Rule, Reminds Tank Owners of Oct. 1 Registration Deadline


CHARLESTON, W.Va. – As the West Virginia Department of Environmental Protection (DEP) takes comments on a proposed interpretive rule detailing its Aboveground Storage Tank Program spill prevention response plan and tank certification requirements, the agency reminds tank owners that all tanks subject to regulation under the program need to be registered by Oct. 1. This includes all tanks in West Virginia that have the capacity to hold 1,320 gallons or more of liquid, are 90 percent or more above ground and are at a fixed location for at least 60 days.

Information provided during the registration process – such as tank location, size and contents – will be used to complete a risk-based assessment of the tanks. As proposed in the rule, Level 1 tanks are those considered to pose the biggest threat to public health and the environment and are therefore subject to the strictest regulations. Level 2 tanks are considered moderate risk and Level 3 tanks are considered low risk.

To get more information on the tank risk levels and the requirements for each, check out the proposed interpretive rule the DEP filed Tuesday with the West Virginia Secretary of State’s Office. This rule, which is intended to provide guidance to tank owners to help them comply with the Dec. 3 spill prevention response plan submittal deadline and the Jan. 1 tank certification deadline, would expire in June or upon its replacement with a more comprehensive rule. To read the interpretive rule, go to the DEP’s Aboveground Storage Tank web page, which can be accessed from the agency’s home page at The Aboveground Storage Tank page is also where to go to register tanks, read answers to frequently asked questions or find a list of contacts for DEP employees who can help with the registration process.

Comments on the proposed interpretive rule will be taken through Oct. 9, the same day a 6:30 p.m. public hearing is scheduled at DEP headquarters in the Kanawha City area of Charleston. Comments can be taken via email at or mailed to:
West Virginia Department of Environmental Protection – Public Information Office
AST Interpretive Rule Comments
601 57th Street SE
Charleston, WV 25304 



Kelley Gillenwater