The bill amends the Code of West Virginia concerning aboveground storage tanks (ASTs) by redefining the criteria for what constitutes an AST. It specifically excludes devices with a capacity of 210 barrels or less that contain brine water or fluids related to hydrocarbon activities, as long as they are not situated in a zone of critical concern. The bill also limits the Secretary of the Department of Environmental Protection's authority to mandate physical alterations for visual leak detection on regulated tanks unless a confirmed release occurs. Additionally, tanks involved in hydrocarbon activities and snow and ice pretreatment in critical zones are exempt from third-party inspections but must conduct self-inspections and report annually, alongside monthly secondary containment inspections.

Moreover, the bill introduces new definitions and clarifications to the regulatory framework for ASTs, including terms like "leak" and "temporarily out-of-service." It establishes a grace period of nine months for existing tanks in newly designated critical concern zones before they are subject to level one or level two regulations. The legislation aims to strike a balance between environmental protection and the operational needs of tank owners, ensuring that smaller tanks and those in less critical areas face fewer regulatory burdens. It also outlines requirements for design, construction, maintenance, and leak detection, while allowing for remote inspection technologies to reduce the need for human entry into confined spaces.

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