The Tomblin administration is putting the finishing touches on guidelines it hopes will resolve the controversy over implementation of the new tank law. Small oil and gas operators are upset over key provisions of the law concerning how and when tanks are inspected.
Adding to the controversy are differences between legislative leaders and the Governor over how to solve the problem. Senate President Jeff Kessler and House Speaker Tim Miley have been pushing for a special legislative session, but Tomblin backs an administrative solution.
Sources close to the negotiations among the stakeholders say that Tomblin’s plan, formulated by the state Department of Environmental Protection, prioritizes enforcement according to where tanks are located and what’s in them. The DEP should have that information by Oct.1 when, by law, all above ground storage tanks must be registered with the state.
Armed with that information, the DEP can identify tanks closest to waterways and intakes for water supplies. The DEP would require more rigorous inspection standards for tanks in the “zones of critical concern,” but allow tank operators outside of those zones more latitude for compliance.
“You’re not going to have to hire a certified engineer to go to every brine tank in every cow pasture in the state,” said the source.
The industry has complained loudly that the law is an overreach, making compliance expensive and logistically impossible. Tomblin believes the proposed guidelines, which should be released early this week, comply with the law aimed at preventing another Freedom Industries spill, but also provide some flexibility for oil and gas operators.
Representatives of citizens and environmental groups may be circumspect about the leeway given to the industry. They don’t want to see loopholes exploited by oil and gas operators. However, they should also be relieved that the Governor’s proposal does not include a delay in the deadline for all tank inspections.
The Governor and legislative leaders at one point in the negotiations were so close to calling a special session to coincide with interim meetings this week to postpone the Jan. 1, 2015 inspection deadline for one year that the press release had already been written.
A special session to fix the law is still a possibility. A lot depends on how the Governor’s compromise is received by stakeholders and legislative leaders when it’s released, perhaps as soon as tomorrow at the West Virginia Oil and Natural Gas Association meeting in Wheeling. Both Tomblin and DEP Secretary Randy Huffman are scheduled to address the trade group.
Compromise can, after all, be a tough sell. “Nobody’s going to be completely happy with everything in this,” a source said.