Tank law rule up for public hearing

CHARLESTON, W.Va. — There’s been less controversy about one part of the Aboveground Storage Act than another. The less controversial section is up for public hearing Thursday evening in Charleston.

It’s called the interpretive rule for the Aboveground Storage Tank Program.

“It’s a temporary document meant to provide guidance to tank owners on how the tanks will be classified. So they will also know what the requirements are for the spill prevention response plans and the tank certifications,” DEP Communications Director Kelley Gillenwater explained.

State lawmakers passed the tank bill earlier this year and Gov. Earl Ray Tomblin signed into law. It focuses on getting to know where above ground storage tanks are located and what they contain. The law is a reaction to the spill of MCHM at Freedom Industries in Charleston back in Jan. 9. The spill into the Elk River caused a water emergency in parts of nine counties.

There have been less than 100 written comments submitted on the interpretive rule during the last 30 days. The comment period ends with Thursday night’s public hearing.

“I have a feeling the emergency rule, which we are taking comment on until Oct. 24, is probably going to garner more responses because that’s obviously a more comprehensive rule,” Gillenwater predicted.

The interpretive rule is a three-and-a-half page draft that details DEP’s plan to classify the tanks into three risk categories depending on their location and content.

Thursday night’s public hearing begins at 6:30 in the Coopers Rock room at DEP headquarters in Kanawha City.





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