Navigating Virginia DEQ & Federal Regulations for Commercial Tank Removal in Virginia

Which tanks are we talking about?

Virginia regulates both underground storage tanks (USTs) and many aboveground storage tanks (ASTs) that store oil. UST closure and remediation rules are grounded in federal EPA standards (40 CFR Part 280) and Virginia’s UST Technical Regulation (9VAC25‑580). ASTs have their own state framework (9VAC25‑91) and may also trigger federal SPCC (Spill Prevention, Control, and Countermeasure) requirements under 40 CFR Part 112. [law.cornell.edu], [ecfr.gov], [deq.virginia.gov], [law.lis.virginia.gov], [ecfr.gov]

UST closure & removal: what “compliant” looks like

Think of closure as a three‑part sequence: notify, assess, and remove/secure.

1. Notify the agency before you close
   EPA requires owners/operators to notify the implementing agency at least 30 days before permanent closure or a change‑in‑service (unless it’s part of corrective action). Virginia echoes this with permit and inspection requirements through the Uniform Statewide Building Code. [ecfr.gov], [law.lis.virginia.gov]

2. Empty, clean, and verify
   Tanks must be emptied and cleaned—all liquids and accumulated sludges removed—then either removed from the ground, filled with inert material, or closed in place as the agency approves. Closure should follow accepted industry practices (e.g., API RP 1604). [ecfr.gov]

3. Site assessment is not optional
   Before completing closure or change‑in‑service, you must assess the excavation zone for contamination. Virginia requires this after contacting the building official but before closure is finished; you must also submit an amended UST notification within 30 days after closure. [law.lis.virginia.gov]

4. Temporary closure rules
   If a tank is temporarily closed, corrosion protection and (in many cases) release detection must continue. After 12 months, substandard systems must be permanently closed unless an extension is granted following a site assessment. [ecfr.gov]

You know what? For many property owners, these steps feel technical—but they’re built to catch issues before they become costly cleanups.

AST facilities: when state and federal rules intersect

Virginia regulates ASTs that hold more than 660 gallons of oil with tiered requirements (registration, financial responsibility, and—in larger facilities—Oil Discharge Contingency Plans). If an AST facility is large enough (e.g., aggregate aboveground oil storage ≥ 1,320 gallons), it may also need an SPCC Plan, which lays out prevention measures, diagrams, secondary containment, and emergency contacts. [deq.virginia.gov], [gecap.info]

Pollution prevention standards—like inventory control and five‑year formal inspections at certain capacities—are detailed in Virginia’s AST regulation (9VAC25‑91‑130). [law.lis.virginia.gov]

Release reporting: when to call, who to alert

Spills happen. The law expects quick action:

• For USTs (petroleum): If a spill exceeds 25 gallons or creates a sheen on surface water, owners/operators must contain, clean up immediately, report within 24 hours, and begin corrective action. Smaller spills must be cleaned up promptly; if they can’t be cleaned within 24 hours, notify the department immediately. [law.lis.virginia.gov]
• For hazardous substances: Releases at or above reportable quantities under CERCLA must be reported immediately to the National Response Center (800‑424‑8802) and appropriate state/local authorities. [law.lis.virginia.gov], [epa.gov]
• Emergencies in Virginia: Significant incidents threatening health or the environment should be reported to 911 and the Virginia Emergency Operations Center (804‑750‑8845). [deq.virginia.gov]

Virginia’s Pollution Response Program (PREP) coordinates with local responders and oversees cleanup actions—handy to know if you’re navigating a multi‑agency response. [deq.virginia.gov]

Penalties & enforcement: what if you don’t comply?

Regulators have several tools, and they’re using them more precisely:

• Delivery prohibition & inspection outcomes: Virginia’s DEQ now applies a calibrated compliance process (effective Oct. 1, 2025) for UST inspections. Significant non‑compliance can halt fuel delivery and trigger accelerated corrective timelines. [deq.virginia.gov]
• Recordkeeping, reporting, and closure documentation: Federal rules require maintaining closure records and reporting; failure can lead to enforcement under RCRA Subtitle I and state authority—think notices of violation, civil penalties, and mandated corrective action plans. [Part 280 -…ts for …], [townhall.v…rginia.gov]
• SPCC lapses (for AST facilities): If your facility meets SPCC thresholds and lacks a plan—or fails to maintain secondary containment—EPA can require plan amendments and pursue enforcement after certain discharges. [ecfr.gov], [govinfo.gov]

Bottom line: skipping steps or paperwork can stop business—and rack up costs faster than a leak spreads.

Where environmental testing fits in

Environmental testing during closure (soil and sometimes groundwater sampling) verifies whether a release occurred. Virginia requires assessment of the excavation zone for UST closures, and local jurisdictions often reflect those sampling expectations in their permits and guidance. For example, the City of Salem points owners to DEQ requirements for sample analysis when closing petroleum USTs. [law.lis.virginia.gov], [salemva.gov]

If contamination is found, you move into oil tank remediation—initial abatement, site characterization, free product removal, and long‑term corrective action. The EPA’s updated LUST (Leaking Underground Storage Tank) guidance explains funding pathways, corrective action expectations, and coordination with state programs. [epa.gov]

Practical checklist for owners & operators

• Before you schedule storage tank removal or fuel tank removal:
  • Confirm your tank type (UST vs. AST) and capacity thresholds (SPCC applicability). [ecfr.gov]
  • Notify the implementing agency (and local building official) and obtain needed permits/inspections. [law.lis.virginia.gov]
  • Plan the site assessment and sampling with a qualified contractor. [law.lis.virginia.gov]
• During closure:
  • Ensure tanks are emptied, cleaned, and either removed, filled with inert material, or closed in place per approval. [ecfr.gov]
• If a spill occurs:
  • Contain, clean up, and report per thresholds and timelines. [law.lis.virginia.gov]
• After closure:
  • Submit amended notification forms and keep closure records. [law.lis.virginia.gov], [Part 280 -…ts for …]

Why choose Appalachian Environmental (Southwestern Virginia)

Oil tanks can be deceptively simple—steel, product, a few lines—yet the compliance path threads through EPA, DEQ, local building officials, and sometimes fire codes. Appalachian Environmental brings local experience and the right equipment for oil tank removal, storage tank removal, and fuel tank removal, plus the know‑how for environmental testing and oil tank remediation if contamination pops up. They navigate permitting, schedule notifications, and manage sampling and reports—so you can focus on your property or operations. Contact Appalachian Environmental Today!

A brief note for different audiences

• Homeowners: If your old heating oil tank is out of service, don’t wait until a stain or odor appears. Proper closure and testing are faster—and cheaper—than remediation later. [law.lis.virginia.gov]
• Industrial businesses & petroleum companies: Keep SPCC current, track UST/AST testing intervals, and document everything. Virginia’s newer inspection approach tightens timelines; a clean paper trail matters. [deq.virginia.gov]
• Gas stations: Coordinate tank removal with delivery schedules and local building inspections. Notification windows and site assessments can be planned without disrupting your customer flow. [ecfr.gov], [law.lis.virginia.gov]

Quick resources

• UST closure & operating requirements: Virginia DEQ UST program; 9VAC25‑580; EPA 40 CFR Part 280. [deq.virginia.gov], [law.lis.virginia.gov], [law.cornell.edu]
• AST registration & prevention standards: Virginia DEQ AST program; 9VAC25‑91‑130. [deq.virginia.gov], [law.lis.virginia.gov]
• SPCC applicability: 40 CFR Part 112; EPA guidance on USTs in SPCC Plans. [ecfr.gov], [epa.gov]
• Release reporting: VA Emergency Operations Center (804‑750‑8845); NRC (800‑424‑8802); Virginia UST spill thresholds. [deq.virginia.gov], [epa.gov], [law.lis.virginia.gov]

One more thing…

Season matters. In winter and early spring, groundwater can sit high; excavation for tank removal may need adjusted shoring and sampling strategies. Planning those details ahead makes field work smoother—and safer. [deq.virginia.gov]