This bill amends the Code of West Virginia to update regulations concerning aboveground storage tanks (ASTs) by modifying definitions and regulatory requirements. It introduces an exception for devices with a capacity of 210 barrels or less that contain brine water or fluids related to hydrocarbon activities, provided they are not situated in a zone of critical concern. Additionally, similar devices at lawfully permitted coal mining sites are exempt from certain regulations. The Secretary of the Department of Environmental Protection is restricted from mandating physical alterations for visual leak detection unless a confirmed release has occurred. The bill also requires self-inspection 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 for regulated tanks and establishes criteria for level 1 and level 2 tanks based on location and contents. It allows existing tanks in newly designated critical concern zones a nine-month grace period before level 1 or level 2 regulations apply. New definitions for terms like "leak" and "temporarily out-of-service" are introduced, along with reporting requirements for suspected leaks. The bill also sets forth criteria for tank design, construction, maintenance, and inspection frequency, allowing for remote examination technologies to reduce human entry during inspections. It includes provisions for modifying existing permits to incorporate management conditions for regulated tanks, a certification process for tank evaluations by qualified professionals, and exemptions for certain tanks in critical zones from standard evaluation requirements.

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