Committee advances bill to exempt certain small oil-and-gas storage tanks from state rules

A committee substitute for Senate Bill 592 that would expand exemptions to West Virginia’s Above Ground Storage Tank Act moved forward after testimony from Department of Environmental Protection staff and industry representatives.

The committee substitute would amend definitions and evaluation requirements in the Above Ground Storage Tank Act (Chapter 22, Article 30) so that tanks described in the bill’s new paragraph o — devices having a capacity of 210 barrels or less located within the boundaries of a permit and not located in a zone of critical concern — would be exempted from being regulated as Level 1 or Level 2 tanks for certain purposes. Counsel told the committee the substitute also changes the program’s evaluation and certification provisions so that tanks identified in paragraphs m, n and o “require only a self inspection and self certification that's reported to DEP at least a year.”

Why it matters: supporters said the change reduces costs and regulatory burdens on small producers and family‑run operations, while DEP staff and some senators warned it could reduce oversight of tanks that contain oil, condensate, brine and other chemicals that can…