Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board
Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements [9 VAC 25 ‑ 640]
Review 776
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 1/23/2006
Notice of Periodic Review
The Department of Environmental Quality will conduct a periodic review of the Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements, 9 VAC 25-640. The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order Number Twenty-One (2002) and Section 2.2-4007.1 of the Code of Virginia.
The Department and the Board are seeking public comments on the review of any issue relating to the regulations including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and (iv) the regulations are clearly written and easily understandable by the affected persons. In addition, the Department and the Board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.
The purpose of the regulations is to require operators of aboveground storage tanks (AST) and pipeline facilities to demonstrate that they have adequate financial resources to perform their responsibility to contain and cleanup any oil discharges which may occur at their facilities. The regulations establish which operators must provide financial responsibility, the types of financial responsibility mechanisms and the requirements for maintaining these mechanisms. Chapter 10, Title 62.1, Section 62.1-44.34:16.D of the Code of Virginia requires that these regulations be promulgated. These regulations are designed to protect public health and/or welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered. To view the full text of the regulation, go to:
Comments on the above regulation are welcome and will be accepted until February 13, 2006. Comments should be sent to Leslie D. Beckwith, Post Office Box 10009, Richmond, Virginia 23240-0009 (deliveries can be made to 629 East Main Street, Richmond, Virginia), 804.698.4123, fax 804.698.4237, Note: Please include your full name and mailing address when providing public comment.
Publication of Notice in the Register and Public Comment Period
Published in the Virginia Register on 1/23/2006
Comment Period begins on the publication date and ended on 2/22/2006

Comments Received: 0

Review Result
Amend the regulation
TH-07 Periodic Review Report of Findings   (not yet submitted)
Action Implementing the Result
Action ID #2016: Amendments to the AST and Pipeline Facility Financial Responsibility Requirements
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line