SB 626 — Hazardous Substance Aboveground Storage Tank Fund; created.

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SESSION history | hilite | pdf | print version 20104897D20107676D SENATE BILL NO.

626 OfferedAMENDMENT JanuaryIN 8,THE 2020NATURE PrefiledOF JanuaryA 7,SUBSTITUTE 2020(Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources on February 4, 2020) (Patron Prior to Substitute--Senator Surovell) A BILL to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:39, relating to aboveground storage tanks;

----------Be Patrons--it Surovellenacted andby Lewis;the General Assembly of Virginia:

Delegate:

Kory ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ---------- Be it enacted by the General Assembly of Virginia:

"Aboveground storage tank" means a tank or a series of interconnected tanks and its associated pipes (i) that has a total storage capacity of more than 1,3205,000 gallons, excluding its associated pipes,pipes; (ii) that is used for storing a liquid hazardous substance at standard temperature and pressure, and (iii) the volume of which, including the volume of the pipes, is more than 90 percent above the surface of the ground or the floor of an underground area.

(ii) that is used for storing a liquid hazardous substance at standard temperature and pressure outdoors;

(iii) is manufactured to contain an accumulation of a liquid hazardous substance for six months or more and is constructed of nonearthen materials that provide structural support, such as concrete, steel, or plastic;

and (iv) the volume of which, including the volume of the pipes, is more than 90 percent above the surface of the ground or the floor of an underground area.

or (k) a piece of electrical equipment, such as a transformer, circuit breaker, or voltage regulator transformer.transformer;

"Aboveground(l) storage tank" does not include a tankdevice locatedholding onreclaimed awater; farm, the contents of which are used exclusively for agricultural purposes on the farm where such tank is located, unless such tank has a storage capacity of (1) more than 1,320 gallons and contains an extremely hazardous substance or (2) 25,000 gallons or more and contains a hazardous substance.

or (m) a tank subject to the Virginia Gas and Oil Act, Chapter 22.1 (§ 45.1- 361.1, et seq.) of Title 45.1 and regulations promulgated thereunder.

"Aboveground storage tank" does not include a tank located on a farm, the contents of which are used exclusively for agricultural purposes.

"Extremely hazardous substance" means any substance that is liquid at standard temperature and pressure and is listed as an Extremely Hazardous Substance in 40 C.F.R.

and 10.

Adopt regulations setting out a schedule of civil fines to be imposed for violations of this article based on the danger presented by the hazardous substance discharged and the amount of such substance discharged.

Such fines shall be no less stringent than those established in § 62.1-44.34:20;

and 11.

However, no regulation shall infringe upon any emergency release exemption outlined in 40 C.F.R.

§ 355.31.

By June 1, 2021, the Director shall compile an inventory of aboveground storage tanks in the Commonwealth based upon the registrations receivedreceived. and shall make such inventory publicly available on the Internet.

Such inspection shall be conducted in accordance with applicable federal and state regulations or a checklist approved by the Board and shall be conducted at regular intervals thereafter as established by the Board, but not less frequently than once per calendar quarter.year.

Beginning sixone monthsyear after the effective date of regulations adopted by the Board pursuant to § 62.1-44.34:30, no operator shall cause or permit the operation of any aboveground storage tank at any site in the Commonwealth where the aggregate capacity of aboveground storage tanks at such site and under the control of the operator is 25,000 gallons or more, unless a discharge response plan applicable to all aboveground storage tanks at such site and under the control of the operator has been filed with and approved by the Director.

The applicant shall update the plan periodically as required by the Board, but in no event more frequently than once every 36five months.years.

For discharging or causing or permitting a discharge of a hazardous substance to any land, storm drain system, or state waters in violation of § 62.1-44.34:33, or owning or operating any aboveground storage tank from which such discharge originates, up to an amount, as established in regulations adopted by the Board pursuant to § 62.1-44.34:30, per gallon of hazardous substance discharged;

5.

and 6.5.

In determining the amount of any penalty, consideration shall be given to the amount of the hazardous substance stored or discharged, the characteristics of the hazardous substance, the willfulness of the violation, any history of noncompliance, the actions of the person in reporting, containing, and cleaning up any discharge or threat of discharge, the damage or injury to state waters or the impairment of their beneficial use, the cost of containment and cleanup, the nature and degree of injury to or interference with general health, welfare, and property, and the available technology for preventing, containing, reducing, or eliminating the discharge.

H.

The Board shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the amount of the hazardous substance stored or discharged, the characteristics of the hazardous substance, the willfulness of the violation, any history of noncompliance, the actions of the person in reporting, containing, and cleaning up any discharge or threat of discharge, the damage or injury to state waters or the impairment of their beneficial use, the cost of containment and cleanup, the nature and degree of injury to or interference with general health, welfare, and property, and the available technology for preventing, containing, reducing, or eliminating the discharge.

3.

In developing regulations required by this act, the State Water Control Board and the Director of the Department of Environmental Quality (the Director) shall consult with relevant stakeholders, including the Virginia Manufacturers Association, James River Association, Virginia Agribusiness Council, and Virginia Association of Municipal Wastewater Agencies to identify and verify applicable existing construction standards and building codes, industry standards and best practices, insurance standards, federal and state regulations, emergency response plan regulations and standards, environmental management plan regulations and standards, and risk-based inspection standards.

The Director shall also evaluate currently available information obtained by federal, state, and local government from owners of aboveground storage tanks that could be harmonized for purposes of reducing compliance costs and improving compliance training.

The Director shall review regulatory reports that include relevant emergency response plans covering hazardous substance aboveground storage tanks.

Any regulation governing tank inspections shall be based on best practices for tank inspections and on the risk posed by the tank.

The Director shall consider information from stakeholders as part of the rulemaking process, including any Notice of Intended Regulatory Action.