W. Va. Code R. § 45-21-28

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-21-28 - Petroleum Liquid Storage in Fixed Roof Tanks

28.1. Applicability.

28.1.1. This section 28. applies to any fixed roof petroleum liquid storage tank with a capacity greater than 150,000 liters (L) (40,000 gallons [gal]).

28.1.2. This section 28. does not apply to any petroleum liquid storage tank that:

28.1.2.a. Has a capacity of less than 1,600,000 L (420,000 gal) and is used to store produced crude oil and condensate prior to lease custody transfer;

28.1.2.b. Is a horizontal underground storage tank used to store JP-4 jet fuel; or

28.1.2.c. Contains a petroleum liquid with a maximum true vapor pressure less than 10.5 kiloPascals (kPa) (1.5 pounds per square inch atmospheric [psia]), provided that records are maintained consistent with subdivision 28.5.2.

28.2. Definitions. -- As used in this section 28., all terms not defined herein shall have the meaning given them in section 2.

28.2.1. "Internal floating roof" means a cover or roof in a fixed roof tank that rests upon or is floated upon the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

28.3. Standards. -- No owner or operator of a petroleum liquid storage tank subject to this section 28. shall store petroleum liquid in that tank unless:

28.3.1. The tank is equipped with:

28.3.1.a. An internal floating roof equipped with a closure seal or seals to close the space between the roof edge and tank wall; or

28.3.1.b. Equally effective alternative control, approved by the Secretary and the U.S. EPA;

28.3.2. The tank is maintained such that there are no visible holes, tears, or other openings in the seal or any seal fabric or materials; and

28.3.3. All openings, except stub drains, are equipped with covers, lids, or seals such that:

28.3.3.a. The cover, lid, or seal is in the closed position at all times except when in actual use;

28.3.3.b. Automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports; and

28.3.3.c. Rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

28.4. Inspections. -- The owner or operator of a petroleum liquid storage tank with a fixed roof subject to this section 28. shall:

28.4.1. Perform routine, semi-annual, visual inspections of the internal floating roof and its closure seal or seals through roof hatches; and

28.4.2. Perform a complete inspection of cover and seal whenever the tank is emptied for non-operational reasons or at least every 5 years, whichever is more frequent.

28.5. Recordkeeping.

28.5.1. The owner or operator of a petroleum liquid storage tank with a fixed roof subject to this section 28. shall maintain the following records in a readily accessible location for at least 3 years and shall make copies of the records available to the Secretary upon verbal or written request;

28.5.1.a. Records of the types of petroleum liquids stored in that tank;

28.5.1.b. Records of the maximum true vapor pressure of the liquid as stored; and

28.5.1.c. Records of the results of the inspections required in subsection 28.4.

28.5.2. The owner or operator of a petroleum liquid storage tank with a fixed roof exempted from this section 28. by subdivision 28.1.2., but containing a petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psia), shall maintain the following records in a readily accessible location for at least 3 years and shall make copies of the records available to the Secretary upon verbal or written request:

28.5.2.a. Records of the average monthly storage temperature;

28.5.2.b. Records of the type of liquid stored; and

28.5.2.c. Records of the maximum true vapor pressure for any petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psia).

28.6. Reporting. -- The owner or operator of any facility containing sources subject to this section 28. shall comply with the requirements in subsections 5.1. and 5.2.

W. Va. Code R. § 45-21-28