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Summary of Proposed Revisions to the Aboveground Storage Tank

Summary of Proposed Revisions to the Aboveground Storage Tank (AST) Rules March 8, 2024

 The Hazardous Materials Program has prepared a draft of proposed revisions to the AST Rules and has submitted the proposed revisions to the Secretary of State’s office on March 8, 2024.

 AST Rules that are currently in effect were last revised in August 2017.  

The proposed revisions have been drafted over the past two years in close collaboration with the Vermont Fuel Dealers Association.  These revisions will impact any person, business or entity who owns an above ground storage tank that holds petroleum heating fuel. 

Heating fuel suppliers, certified tank inspectors, and tank installers will also be affected by these revisions.  

Below is a summary of the significant revisions that are included in the proposed draft: 

• Additional design and installation requirements for new AST systems; see §§ 9-303(b), 9-303(c)(3), 9-303(c)(4)(B), and 9-303(c)(8)(B). 

• Additional installation requirement for all (existing and new) AST systems: all fill and vent pipes must be made of metallic materials (PVC material prohibited); see § 9303(c)(4)(A).

 • Clarification of red tag applicability to new AST systems lacking compliance with the AST Rules; see § 9-305(f)(2). 

• Introduction of a new “Yellow Tag” provision to allow for a more balanced and flexible approach to designating existing tank systems as noncompliant and managing fuel delivery prohibitions to such tanks; see § 9-305(f)(1)(B).  

• AST Inspection interval is being extended from every 3 years to every 4 years; see § 9305. 

• Additional requirements for existing AST systems to be implemented by July 1, 2030, including additional corrosion protection, tank leg length requirements, protection from outdoor hazards, additional protection for tanks installed in flood prone areas; see § 9303(g). 

• Clarifications to the applicability of AST installation and inspection requirements; see     §§ 9-301 and 9-305.

• Reorganization of installation standards to better distinguish between requirements applicable to all AST systems and those applicable only to new AST systems; see §9303(c).   

• New technical definitions; refer to Subchapter 2.  

Public Comment Period
A public comment period on the revised rules will open on March 11, 2024, and written comments will be accepted through April 24, 2024. Submit all written comments to Anna Bourakovsky at anna.bourakovsky@vermont.gov (electronic submission is preferred), or via mail to the following address:
Attn: Anna Bourakovsky
Agency of Natural Resources
Department of Environmental Conservation
Waste Management and Prevention Division
Davis Building – 1st Floor
One National Life Drive
Montpelier, VT 05620-3704

Public Hearing
A public hearing on the revised rules has been scheduled for April 16, 2024, at  6:00 p.m., at the Dill Building, 2178 Airport Rd., Berlin, VT. Please contact Kristin Schultz at kristin.schultz@vermont.gov  if you need reasonable accommodations to attend this meeting. All interested members of the public are invited to attend.