IOGA is pleased to inform you that the WVDEP has reached out to us to provide this important updated information to all producer and tank owners on the AST Zone Mapping and Extended Effective dates. Here is its message:
“The Department of Health and Human Resources (DHHR) has provided updated mapping information to WVDEP concerning changes in the Zones of Critical Concern (ZCCs), Zones of Peripheral Concern (ZPCs), and Wellhead Protection Areas (WPAs) which includes the conjunctive delineation as defined in 64 CSR 3. This information is utilized in the assignment of “levels” to regulated ASTs. Specific changes may be found in the table below.
The “level” classification previously assigned to ASTs that are located within the new coverage areas will change.
WVDEP will incorporate these changes into the AST database and notify AST owners via email of their new AST level, as applicable. The level changes will be effective on January 1, 2021. Prior to the level changes becoming effective, you may view a map of the new coverage areas (see directions below). The map of new coverage areas provided by DHHR will be available on WVDEP’s website on or about August 28, 2020.
This information is intended to assist AST owners as they make AST management decisions. However, it is not final and considered “draft” information prior to January 1, 2021. The information is subject to change and may be incomplete.
WVDEP anticipates annual updates to coverage zones will continue as water intakes are added or deleted.
You may view a map of the 2020 Source Water Coverage Update for ASTs by going to http://tagis.dep.wv.gov/WVWaterPlan and completing the following steps:
1. Click Agree
2. Click Layers (left side of the screen)
3. Check SWPA and click on the triangle to the left of the SWPA box to reveal the
a. Check sublayers SB423 SWPA, SB423 ZCC, SB423 ZPC, and 2020 Source Water Coverage Update for AST’s 2020. It may take a moment for the coverage layers to load.
b. Use the search bar located at the upper left corner of the map to search for a specific location.
Should you have any questions, please contact Joshua Hamrick by email at Joshua.R.Hamrick@wv.gov or by phone at 304-(304) 926-0499, ext. 49758, Jenna Palmer at (304) 926-0499, ext.49737, or by email at Jenna.D.Palmer@wv.gov , or Amaris Elliott at 304-926-0499 ext. 49740 or by email at Amaris.L.Elliott@wv.gov .”
The updated notification document can be found here:
As you will recall from previous communications, WVDHHR’s original intent was to make the changes effective on October 15th. However, after receiving feedback from tank owners, they have extended the effective date to January 1, 2021. This will help address several major concerns and provide the following benefits:
- Provide an extended period to review and make decisions based on the changes. This is in consideration of potential slowdowns in work related to Covid-19.
- Related to number 1, provide additional time to remove tanks that may not be needed. Which WVDEP feels is protective of public health and the environment.
- For regulated tanks, require STI, API, or Engineer certifications on for before January 1, 2022, instead of January 1, 2021
- Generate fees for newly regulated tanks for 2021 only. With an earlier effective date, newly regulated tanks would have been subject to operating fees for 2020 and 2021
Regarding the fees mention above, invoices will be generated based on the new designations. If a tank were to be closed between now and January 1st, the WVDEP will adjust the fee off the account. However, the removal must take place and be complete before January 1st for this to happen and the registration would need to be updated to take the tank POS. The tank owner removing the tank would have to provide some documentation that the tank was removed. This is normal procedure for RL and/or RL/MN tanks.
To clarify the removal of tanks affected by this change. The mapping system is currently identifying these tanks as their new designations. However, WVDEP will be treating affected tanks as if they were their previous designation up until midnight on December 31, 2020. This means that if a tank was previously RL or RL/MN and is now showing as Level 1 in the warehouse, removal without closure procedures as outlined in our closure guidance document is permitted because we view the tank as RL or RL/MN until January 1, 2021, when the level change will become effective. However, tanks that were previously level 2 because the exemption didn’t apply due to tank capacity (i.e. a tank with capacity over 8820 gallons) and have now changed to Level 1 would still require proper closure as outlined in the closure guidance document.
IOGA thanks the WVDEP for these extended dates. All producers please be informed that IOGA is working with the WVDEP and WVDHHR to set up a ZOOM meeting with the agencies to address questions and concerns related to the new AST zone designations. Keep an eye out for an email that will provide the date, time, and registration link. There is no charge for this meeting. This meeting is very important, as it will provide you the opportunity to speak directly to the agencies. You are strongly encouraged to participate.