The bill amends the Code of West Virginia to update regulations concerning aboveground storage tanks (ASTs) by introducing new definitions and modifying existing regulatory requirements. It creates an exception for 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 critical concern zones. Additionally, similar devices at lawfully permitted coal mining sites are exempt. The bill specifies that the Secretary of the Department of Environmental Protection cannot mandate physical alterations for visual leak detection unless a confirmed release has occurred. It also requires self-inspections and annual reporting for tanks used in hydrocarbon activities and snow/ice pretreatment in critical zones, along with monthly secondary containment inspections.

Moreover, the bill clarifies definitions related to ASTs, such as "leak" and "temporarily out-of-service," and provides a nine-month grace period for existing tanks newly classified in critical or peripheral concern zones before they must comply with level one or level two regulations. It establishes rules for the design, construction, maintenance, and leak detection of ASTs, while limiting inspection frequency to once per month in the absence of known releases. The bill allows for remote non-destructive examination technologies to reduce the need for human entry during inspections and introduces a certification process for tank evaluations by qualified professionals. Tanks in critical concern zones are exempt from certain evaluation requirements but must still undergo self-inspections and monthly secondary containment inspections.

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