Tuesday, September 9, 2014

New tank law will avoid special session



The state DEP is expected to release a rule as early as today to help with the implementation of the Above Ground Storage Tank Act that was created after the Jan. 9 chemical spill and water emergency that impacted parts of nine counties. The rule means there will be no special session of the legislature to fix the new law.
DEP Secretary Randy Huffman told a group of state lawmakers yesterday he believes they’ve come up with a plan to ease the concerns of those who own storage tanks that are not close to water sources.
Huffman said the date requirements in the new state law won’t change. He said inspections still have to be completed by Jan. 1, 2015 but the inspections will differ depending on where a tank is located. He said large tanks with hazardous materials near water sources will have to have inspections by highly-trained inspectors. He said those tanks not close to water sources will be able to get by with a less expensive inspections from somebody that’s approved by the DEP. Tanks used in food storage can use the inspections required by other agencies.
The rule avoids a special session of the legislature that some were calling for including state Senate President Jeff Kessler and House of Delegates Speaker Tim Miley. That call came after owners of smaller tanks near oil and gas wells expressed concern about being required to pay for expensive inspections when they aren’t close to water sources. Some wanted the Jan. 1, 2015 inspection date requirement delayed.
The DEP expects as many as 80,000 tanks to be registered by the Oct. 1 deadline with inspections and certifications due three months later.

The law requires all tanks to be registered by Oct. 1. There’s also a Dec. 3 deadline for a spill prevention response plan and the Jan. 1, 2015 date to have inspections and certifications completed.