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New Aboveground Storage Tank Requirements in West Virginia

June 13, 2014 (comments: 0)


New Aboveground Storage Tank Requirements in West Virginia

On April 1, 2014, Senate Bill 373 was signed into law in West Virginia.  This bill became effective on June 6, 2014 and contains the Aboveground Storage Tank Act.  This act requires that all aboveground storage tanks (ASTs) in WV, must be registered by October 1, 2014.  The purpose of this is to compile an inventory of all ASTs in WV, to be reviewed by the WV DEP, so they can confirm compliance and help assure protection of the water resources in WV.

The DEP has a webpage dedicated to ASTs (, which includes further information, frequently asked questions, important dates and guidance for the online registration system.  The WV DEP states that they strongly encourage use of the online registration system.  Only in very limited instances will they allow that ASTs be registered using a paper registration form.  If an AST owner would like to apply for a waiver to complete a paper registration in lieu of the online registration, the request must be submitted in writing to the DEP by August 1, 2014.

If an aboveground storage tank owner is uncertain if their tank(s) must be registered, the DEP has provided a simple questionnaire to help determine if their tank(s) must be registered.

Once the registration has been processed, the WV DEP will send an invoice to the tank owner for the fees associated with AST registration.  Also after registration, some ASTs will then be subject to an operating permit and additional compliance requirements.

In addition to the registration requirement, all AST owners will need to have an annual inspection on each of their ASTs.  The annual AST inspection must be completed by “a qualified registered professional engineer or a qualified person working under the direct supervision of a registered professional engineer, regulated and licensed by the State Board of Registration for Professional Engineers, or by an individual certified to perform tank inspections by the American Petroleum Institute, or by a person holding certification under another program 8 approved by the secretary.”  The AST owner must submit the certification from the inspector to the DEP.  The first certification must be submitted to the DEP by January 1, 2015.

The AST Act includes additional requirements, such as signage requirements for all ASTs and performance standards that must be met. To read the full act (§22-30 of the bill), visit the WV DEP AST link above and select Senate Bill No. 373 from the Featured Links menu on the right-hand side of the page.

ECSS Eclipse, a Division of ECS, Inc., is the petroleum industry leader for compliance and fuel management. For over 25 years, ECS Eclipse has provided UST/AST compliance solutions for tank owners nationwide.  ECS Eclipse is experienced in providing comprehensive tank solutions, including compliance, inspections, field services and consulting. ECS Eclipse can provide assistance with understanding and meeting the WV DEP AST regulatory requirements. Contact us at 888-302-4875 or


- Megan Kazmierczak, Manager of Compliance Services

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