Updated – What Owners/Operators of ASTs need to know about Senate Bill 373

UPDATED – What Owners & Operators of Aboveground Storage Tanks Need to Know about Senate Bill 373


(June 11, 2014) As part of its work to implement a new Aboveground Storage Tank Regulatory Program, the West Virginia Department of Environmental Protection (DEP) opened the registration period for tank owners to submit information required for a statewide inventory. Any tanks that are subject to the Aboveground Storage Tank Act (Senate Bill 373) that are not registered with the DEP by October 1 will be out of compliance with state law.

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Earlier this year, EHS Support LLC notified our clients of Senate Bill 373 passed by West Virginia (WV) Legislature in March 2013 and how it will affect regulation of industrial liquids in the state. We were recently alerted that on May 28, 2014, the West Virginia Department of Environmental Protection (WVDEP) agency provided an update in preparation for the aboveground storage tank registration process. WVDEP is asking tank owners to sign up for online registration starting immediately, which will help streamline the process for both the agency and the registrants. In general, the law requires all aboveground storage tanks located in the state that are large enough to hold at least 1,320 gallons of fluid, are in one place for more than 60 days and are 90 percent or more aboveground, to be registered with the WVDEP by October 1, 2014. Here’s what else you need to know:

  • The registration process is anticipated to begin around June 10, 2014 and will include questions including tank size, contents, construction, age and location.
  • Due to the tens of thousands of tanks that will be affected, WVDEP is working to revise its Electronic Permitting/Electronic Submission System (ESS) to accept tank registrations online so that the information collected can quickly and easily be stored and accessed. Owners of tanks should visit WVDEP’s website, www.dep.wv.gov/tanks, for a complete explanation of the new requirements and deadlines, information about how to obtain a user ID and other details about the registration process.
    • Tank owners who don’t currently use the ESS system will need to sign up for a user ID in advance. In order to ensure that the October 1, 2014 registration deadline can be met, tank owners are asked to request this ID as soon as possible because there is a stringent security documentation process involved to ensure that those registering are authorized by each company to do so.
    • Companies that already use ESS for permit applications and/or discharge monitoring reporting can use their existing user IDs and passwords.


As AST regulations continue to be revised and implemented for this topic in West Virginia, visit our website frequently to access the most up to date information as we receive it from the agency.

For more information contact our Technical Experts Amy Bauer or Brock Tucker.

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