Each comment below identifies the page number of the existing AST regulation 9VAC25-91 where revision is recommended by DoD for inclusion into final AST regulation.  A brief discussion illustrates how each recommendation will enhance the final AST regulation.

1.        Page 4 of 46- 9VAC25-91-30(A)(14)

Comment- Clarify/define whether petroleum storage tanks permanently attached to emergency generators (e.g. belly tanks) are classified as 'oil filled equipment'

 Discussion- Via personal correspondence, VDEQ interprets storage tanks permanently attached to emergency generators to be excluded from state AST regulation, stating they are ‘oil filled equipment’.  This interpretation is not consistent throughout VDEQ personnel and necessitates consistent definition for both clarity and compliance assurance.   

2.        Page 13 of 46- 9VAC25-91-120

Comment- Specify time limits for when Temporary and Permanent AST Closures must occur.  

Discussion- The current AST Regulation does not specify a time limit for when Temporary or Permanent Closures must occur.  Without specifying a time limit for each closure procedure, tanks can remain inactive (often still containing fuel) for indefinite lengths of time without proper closure, yielding potential petroleum releases and equipment failures.   

Virginia Underground Storage Regulation 9VAC25-580 clearly identifies time limits when Temporary and/or Permanent Closures are required and details specific procedures for each type of closure.  Similarly, the Virginia Statewide Fire Prevention Code identifies specific time limits for both permanent and temporary closure procedures for both ASTs and USTs.  

3.        Page 18 of 46- 9VAC25-91-130(A)(6)

Comment- Create a new section that solely and concisely defines all AST equipment requirements.  All required equipment should be consistent with and at least as stringent as 40CFR 112, including secondary containment requirements per 40CFR 112.8 (c)2. 

Discussion- Currently, the AST equipment requirements are identified in several places throughout 9VAC25-91. For clarity, all AST equipment requirements should be consolidated into one section.  

Further, AST equipment, such as required secondary containment, should be added for consistency with 40CFR 112 and to further enhance environmental protection.   

4.        Page 19 of 46- 9VAC25-91-130(A)(7) and (B)(5)

Comment- Request Visual Daily and Weekly AST Inspection frequency change to monthly inspections to reflect inspection frequency in 40CFR 112/ industry standards. 

Discussion- For consistency, inspection frequency for ASTs should reflect the federal inspection frequency (monthly) per 40CFR 112 and industry standards. 

5.        Page 20 of 46- 9VAC25-91-130(A)(8)

Comment- Specify minimum training standards for facility training.  

Discussion- To ensure proper and consistent training standards, minimum training requirements should be specified. 

6.        General Comment, no page number

Comment- Incorporate, by reference, other Virginia tank documents, such as VDEQ Storage Tank Program Technical Manual and the Storage Tank Program Compliance Manual.  

Discussion- VDEQ regulates tanks based on 9VAC 25-91, 9VAC 25-580, and the above referenced Tank Manuals. To ensure compliance with all state requirements, all guidance documents should be clearly identified in 9VAC25-91.