The bill amends the Code of West Virginia to update regulations concerning aboveground storage tanks (ASTs), particularly focusing on those associated with hydrocarbon activities. It introduces an exception for tanks with a capacity of 210 barrels or less that contain brine water or related fluids, provided they are not situated in critical concern zones. Additionally, tanks at lawfully permitted coal mining sites are exempt from certain regulations. The Secretary of the Department of Environmental Protection is restricted from requiring physical alterations for visual leak detection unless a confirmed release has occurred. The legislation mandates annual self-inspections for tanks used in hydrocarbon activities and snow and ice pretreatment in critical zones, along with monthly inspections of secondary containment systems.

The bill also clarifies definitions related to regulated tanks, including criteria for level 1 and level 2 tanks, and establishes a nine-month grace period for existing tanks in newly designated critical concern zones before new regulations take effect. New definitions for terms such as "leak" and "temporarily out-of-service" are introduced, along with reporting requirements for suspected leaks. The legislation aims to balance environmental protection with the operational needs of the hydrocarbon industry by allowing modifications to existing permits and establishing a certification process for tank evaluations conducted by qualified professionals. Tanks in critical concern zones are exempt from certain evaluation requirements but must still comply with self-inspection and monthly containment inspection mandates.

Statutes affected:
Introduced Version: 22-30-3, 22-30-5, 22-30-6
Committee Substitute: 22-30-3, 22-30-5, 22-30-6