Public Hearing Thursday on AST Program Interpretive Rule


The West Virginia Department of Environmental Protection will conduct a public hearing Thursday, Oct. 9, starting at 6:30 p.m., on the three-and-a-half-page draft interpretive rule for the Aboveground Storage Tank Program. The new program is a requirement of Senate Bill 373, which passed the West Virginia Legislature in March. 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 are subject to regulation under the program.

The draft interpretive rule details the DEP’s plan to classify tanks into three risk categories based on contents, location and size. It also provides guidance to tank owners on the requirements for spill prevention response plans, which are to be submitted by Dec. 3, and tank certifications, which are due Jan. 1.

The comment period on the draft interpretive rule ends at the conclusion of the hearing, which is being held at the DEP’s Kanawha City headquarters, located at 601 57th Street SE, Charleston.

The interpretive rule 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 interpretive rule is not to be confused with the longer, more detailed emergency rule, a rough draft of which has been disseminated to the public for feedback before being filed with the Secretary of State’s Office later this year. The agency is taking comments on the rough draft of the emergency rule, which can also be found on the Aboveground Storage Tank web page, until Oct. 24.

Public comments on both drafts will be accepted via email at or can be mailed to:
West Virginia Department of Environmental Protection – Public Information Office
AST Interpretive Rule Comments or AST Emergency Rule Comments
601 57th Street SE
Charleston, WV 25304

For more DEP news and information, be sure to check out the agency’s social media platforms. Follow @DEPWV on Twitter and find us on YouTube by searching “Environment Matters.” For specific information about the Adopt-A-Highway, West Virginia Project WET (Water Education for Teachers), West Virginia Non-Point Source and Youth Environmental programs, connect with us on Facebook.


Kelley Gillenwater