9VAC25-580-20 - Applicability

9VAC25-580-20. Applicability

A. The requirements of this chapter apply to all owners and operators of an UST system as defined in 9VAC25-580-10 except as otherwise provided in subsections B and C of this section.

1. Previously deferred UST systems. Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that store fuel solely for use by emergency power generators must meet the requirements of this chapter as follows:

a. Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must meet the requirements in "part" X (9VAC25-580-380 et seq.) of this chapter.

b. UST systems that store fuel solely for use by emergency power generators installed before September 15, 2010, must have met all applicable requirements of this chapter before September 15, 2010, except that the requirements of "part" IV (9VAC25-580-130 et seq.) of this chapter must be met before (insert date three years after effective date of rule).

c. UST systems that store fuel solely for use by emergency power generators installed on or after September 15, 2010, must meet all applicable requirements of this chapter at installation.

2. Any UST system listed in subsection C of this section must meet the requirements of 9VAC25-580-30.

B. Exclusions. The following UST systems are excluded from the requirements of this chapter:

1. Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act (42 USC § 6901) or a mixture of such hazardous waste and other regulated substances.

2. Any wastewater treatment tank system that is "part" of a wastewater treatment facility regulated under § 402 or § 307(b) of the Clean Water Act.

3. Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.

4. Any UST system whose capacity is 110 gallons or less.

5. Any UST system that contains a de minimis concentration of regulated substances.

6. Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

C. "part"ial Exclusions. "part"s II (9VAC25-580-50 et seq.), III (9VAC25-580-80 et seq.), IV, V (9VAC25-580-190 et seq.), VII (9VAC25-580-310 et seq.), IX (9VAC25-580-370 et seq.), and X of this chapter do not apply to any of the following types of UST systems:

1. Wastewater treatment tank systems not covered under 9VAC25-580-20 B 2 of this section;

2. Aboveground storage tanks associated with:

a. Airport hydrant fuel distribution systems regulated under "part" X of this chapter; and

b. UST systems with field-constructed tanks regulated under "part" X of this chapter.

3. Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 USC § 2011 et seq.); and

4. Any UST system that is "part" of an emergency generator system at nuclear power generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 CFR "part" 50.

(Derived from VR680-13-02 § 1.2, eff. October 25, 1989; amended, Virginia Register Volume 26, Issue 25, eff. September 15, 2010; Amended, Virginia Register Volume 34, Issue 01, eff. 1/1/2018.)

Statutory Authority: §§ 62-1.44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR "part"s 280 and 281.

The following state regulations pages link to this page.