The bill amends the Code of West Virginia to update regulations concerning aboveground storage tanks (ASTs), particularly focusing on definitions and inspection requirements. It introduces an exception for tanks 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 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, requiring monthly documentation for tanks in critical zones. It clarifies definitions related to leaks and emphasizes the importance of prompt reporting of suspected leaks. The bill outlines a regulatory framework for ASTs based on their location and contents, ensuring stricter oversight for tanks in sensitive areas. It mandates that the Secretary create rules for the design, construction, maintenance, and leak detection of these tanks, while allowing remote non-destructive examination technologies to reduce the need for human entry during inspections. Overall, the bill aims to enhance safety and environmental protection while providing operational flexibility for tank operators.

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