CHARLESTON, W.Va. –– The latest deadline in the Aboveground Storage Tank Act came Wednesday when tank owners in West Virginia were required to submit Spill Prevention Response Plans to the state Department of Environmental Protection.
Kelley Gillenwater, chief communications officer for the West Virginia DEP, told MetroNews those plans are for future emergencies similar to the Jan. 9 chemical spill at Freedom Industries in Kanawha County that contaminated tap water for an estimated 300,000 West Virginians,
The spill prompted the legislation.
“What sort of secondary containment do you have? What sort of safeguards do you have in place if there is some sort of catastrophic failure of the tank or hole or some other leak of the tank,” Gillenwater explained when asked about the information required in those submitted plans.
The plan specifics vary with the most stringent requirements falling to Level 1 tanks — those determined to be within zones of critical concern, meaning the tanks pose a “high risk” to public water supplies.
In general, the following items must be addressed in the Spill Prevention Response Plans:
1. Fully identify and describe the activities and processes that occur at the site.
2. Identify applicable hazard and process information including all types of fluids stored.
3. Provide material safety data sheets for each fluid stored.
4. Site mapping for Level 1 tanks.
5. Provide a preventative maintenance program.
6. Provide emergency response information.
In addition to less stringent requirements, tanks classified as Level 2 or Level 3, meaning they’re low threats to public health, may also already have some overlap.
“In certain situations, if those tanks have different permits that allow them to have other plans submitted to the state, such as a groundwater protection plan or a well-site safety plan, those plans can actually be submitted in lieu of the Spill Prevention Response Plan,” Gillenwater said.
At a minimum, each Spill Prevention Response Plan will have to be resubmitted every three years.
About 50,000 tanks have been registered with the state DEP up to this point. The deadline for those initial registrations was Oct. 1. “We’re still getting a few tank registrations trickling in,” said Gillenwater.
The next deadline for tank owners will come on Jan. 1. By the start of the New Year, tanks will have to be inspected using DEP criteria. The inspection requirements vary depending on where a tank sits and what it contains. In general, Level 1 tanks, as determined by the DEP, will have to be inspected by certified engineers.
The DEP is directing tank operators to websites for the American Petroleum Institute, API, and the Steel Tank Institute, STI, for a list of certified inspectors.