The bill amends the Code of West Virginia to update regulations concerning aboveground storage tanks (ASTs) by introducing new definitions and modifying existing requirements. It creates an exception for tanks with a capacity of 210 barrels or less that contain brine water or fluids related to hydrocarbon activities, provided they are not situated in critical concern zones. Additionally, similar tanks at lawfully permitted coal mining sites are exempt. The Secretary of the Department of Environmental Protection is restricted from mandating physical alterations for visual leak detection unless a confirmed release has occurred. Tanks involved in hydrocarbon activities and roadway snow and ice pretreatment in critical zones are exempt from third-party inspections but must conduct self-inspections and report annually.

The legislation also establishes new requirements for secondary containment inspections, mandating monthly inspections by tank owners or operators. It clarifies the definitions of "leak" and "release," with specific criteria for each. Existing tanks in newly designated critical and peripheral concern zones are granted a nine-month grace period before compliance with new regulations is required. The bill further outlines the establishment of rules for tank design, construction, maintenance, and leak detection, while allowing for remote non-destructive examination technologies to reduce the need for human entry during inspections. It also permits regulated entities to request modifications to existing permits for managing tanks, provided they ensure the protection of state waters, and introduces a certification process for tank evaluations by qualified professionals.

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