Virginia DEQ Adopts Tiered Compliance Process for UST Inspections
Virginia DEQ Launches New Tiered Inspection & Compliance Process for Underground Storage Tanks
Effective October 1, 2025, the Virginia DEQ will transition from a traditional “one-size-fits-all” inspection enforcement model for regulated underground storage tank (UST) systems to a tiered and risk-based compliance process. Under the updated scheme, inspections, findings and enforcement actions will be calibrated according to the severity, environmental risk and operational context of each facility rather than applying uniform penalties or responses regardless of circumstance.
What is Changing
Historically, all inspection findings at UST facilities in Virginia triggered similar compliance workflows regardless of actual risk. Under the new approach, DEQ inspectors will categorize violations based on factors such as:
the potential for groundwater or soil contamination;
the nature of the violation (e.g., operational recordkeeping vs. confirmed release of petroleum);
the history of compliance at the facility;
whether corrective actions are already under way or needed.
This enables DEQ to allocate enforcement resources toward the higher-risk facilities and violations, while low-risk issues may be resolved via corrective action plans, compliance assistance or administrative follow-up rather than full statutory enforcement.
Why the Change
The DEQ notes that with over 17,500 active regulated petroleum underground storage tanks statewide, the greatest threat is a leaking tank’s impact on groundwater—the primary drinking water source for many Virginians. With this volume of regulated units and varying levels of risk across sites, the shift to a differentiated enforcement model is intended to be more transparent, efficient and equitable. It allows the agency to focus inspection and corrective resources where they are needed most, while encouraging consistent preventative practices at facilities with lower risk profiles.
What This Means for Tank Owners & Operators
For UST owners, operators, and their service contractors in Virginia, the new process signals the need for proactive compliance and good record-keeping. Key take-aways:
Make sure registration, equipment testing, and record updates for your USTs are complete and current. DEQ offers specific Virginia-targeted testing forms for equipment.
Review your inspection history, operational practices (including release detection, corrosion protection and routine monitoring) and remedial actions if any issues were previously identified.
Understand that while minor and administrative issues might now be handled more flexibly, any confirmed release, major equipment failure or high-risk violation will still likely trigger the full enforcement path under the updated model.
Consider working with your service provider or compliance partner to perform a self-audit ahead of the October implementation date to identify and correct any potential problems early.
How DEQ Will Operate Under the New Model
Details posted on the DEQ website suggest the “Inspections and Compliance” section now includes updated guidance about the compliance process, inspections, and risk-based responses. The shift is not simply administrative — it aligns enforcement with environmental risk, which may translate into more nuanced inspection follow-ups, tailored corrective action requirements and improved communication between the regulator and tank owners.
Preparing for Implementation
With the October 2025 launch looming, operators should take action now:
Review your facility’s UST inventory, current registrations, and inspection records at your location(s).
Confirm that equipment testing (leak detection, cathodic protection, overfill/spill prevention) is documented and up-to-date.
Track and fulfill any outstanding corrective orders, release notifications or financial responsibility requirements.
Engage your compliance partner (for example, a service provider familiar with UST regulation) to conduct a readiness review in light of this policy change.
Stay connected to DEQ announcements or guidance updates to keep ahead of any further procedural details or forms updates.
By adopting this tiered compliance process, Virginia’s UST program is moving toward risk-based regulation—aiming to protect ground water and soil resources more effectively while enabling facility owners to benefit from clearer, more proportional oversight. If you operate UST systems in Virginia, aligning now with the new expectations will position your facility for smoother inspections, fewer surprises and more efficient compliance under the updated framework.
The new Virginia DEQ inspection model goes into effect soon—don’t wait until your next inspection to make updates.
Review your testing, documentation, and training now with PASS’s compliance experts.
