Activists Say Weakening of Tank Bill Puts Water Supply at Risk

Groups lobbying for strong regulations to protect that state’s water resources gathered at the Capitol Monday to tell lawmakers not to pass a bill they say will gut the above ground storage tank legislation passed last year.

The West Virginia Safe Water Roundtable, comprised of multiple citizen action groups and affiliated with the Our Children, Our Future Campaign, spoke out against House Bill 2574.

Activists called the legislation insulting after the time they, industry representatives and the West Virginia Department of Environmental Protection spent over the past year negotiating the terms of an above ground storage tank regulation program that resulted from last year’s approved legislation.

That legislation, Senate Bill 373, was passed just weeks after a chemical spill tainted the water supply for 300 thousand residents in the Kanawha Valley.

“I could remind you that despite its strength, Senate Bill 373 is nevertheless a compromise and concessions to industry were made along the way and I could point out that 1,100 tanks have already been designated not fit for service and that Senate Bill 373 is already working,” activist Karan Ireland said at a press conference Monday.

“Instead, I’d like to speak directly to the sponsors of these bills. What you are doing is wrong.”

Sponsors of House Bill 2574 say the legislation aims at reducing instances of double regulation for many tank owners and focuses on those holding 10 thousand gallons of fluid or more near a public drinking water supply.

Interest groups maintain the change would leave thousands of tanks in the state unregulated.

W.Va. Proposes Fees in Tank Law to Prevent Chemical Spills

State environmental regulators say the highest-risk aboveground storage tanks could face a $375 annual fee in a law to protect water supplies.

Department of Environmental Protection Secretary Randy Huffman made the comments to a state Senate budget panel Monday. The fees aren’t finalized.

Out of more than 48,000 tanks registered under the law, Huffman said almost 3,800 near a water supply and 3,700 others considered high-risk could face the $375 annual per-tank fee.

Huffman said about 37,000 tanks that aren’t as risky could have to pay a $61 annual fee.

He said about 3,700 tanks containing substances like water and food products wouldn’t have to pay fees.

The law requiring inspections and registrations responds to a chemical spill that spurred a tap-water ban for 300,000 people last January.

Report: W.Va. Water Intakes at Risk from Thousands of Tanks

  A new report says drinking water sources in West Virginia are at risk of contamination from thousands of aboveground storage tanks.

The report says the greatest risk is posed by 3,167 tanks near and upstream from surface drinking water intakes. A 2014 state law requires extra safeguards for tanks in these areas.

The report says more than 21,000 other tanks outside these areas also could contaminate water intakes. These include 19,133 tanks 1 to 5 miles from groundwater intakes and 2,143 tanks 1 to 5 miles from surface water intakes.

Environmental consulting firm Downstream Strategies and the nonprofit West Virginia Rivers Coalition released the report Thursday. The findings are based on their analysis of more than 47,000 tanks registered with the state by mid-December.

W.Va. Officials Deal With Late Inspections, Problematic Storage Tanks

  State officials haven’t received inspection certifications for 20,000 of 49,000 aboveground tanks due New Year’s Day.

The Department of Environmental Protection says it’s also determining what’s wrong with 80 specific tanks.

Inspections deemed the still-operating tanks unfit for use. They contain hazardous substances, are near water supplies, or both.

The department sent letters Tuesday asking operators to determine tank problems, how to address them, and possible plans to decommission tanks at least temporarily.

DEP spokeswoman Kelley Gillenwater said the agency can’t formally allow a grace period for tardy tanks. The department is focusing on analyzing data and helping operators submit information, not immediately issuing violations and fines.

A chemical spill last January spurred a tap-water ban for 300,000 people for days. Legislators responded with new tank and water system regulations.

Tank Inspections Due Thursday Under W.Va. Spill Law

The deadline is approaching to submit aboveground storage tank inspections required by a new state law to protect public water supplies.

Thursday is the deadline for new tank inspection certifications in West Virginia. Department of Environmental Protection spokeswoman Kelley Gillenwater says the state received about 22,000 inspection certifications as of mid-day Wednesday, or fewer than half of the tanks that require them.

The annual inspections are included in a law reacting to a January chemical spill, which spurred a tap-water ban for 300,000 people for days. The law includes a new regulatory system for many tanks and addresses emergency planning for public water systems.

A rule within the law groups tanks into three inspection categories. Tanks holding hazardous materials or ones near public water supplies face the most stringent requirements.

W.Va. Rule on Storage Tank Safety Out for Public Comment

State regulators are taking public comment and holding a hearing on a proposed rule that regulates aboveground storage tanks.

The Department of Environmental Protection has opened comment on the proposed rule aiming to prevent chemical spills and water contamination.

The comment period ends with a Jan. 21 public hearing at 6 p.m. at DEP’s Charleston headquarters.

The rule is part of a law reacting to a massive January chemical spill. The incident spurred a tap-water ban for 300,000 people for days. The law includes new tank registrations, inspections and requirements.

The rule covers many regulatory specifics, ranging from exemptions to who can perform inspections.

Initial annual tank inspections are due Jan. 1.

A separate rule offering guidance for first inspections took effect in November.

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