Gov. Earl Ray Tomblin and
legislative leaders were close to an agreement late Tuesday on a special
session next month to address problems with the tank law, but that was before
the administration met with environmental groups.
Sources say the tentative plans for
a special session to coincide with next month’s interim committee meetings in Charleston are now on
hold while Tomblin searches for an administrative solution to the confusion and
controversy over the new law.
Some lawmakers have been urging a
special session to make changes in the landmark water protection bill passed
earlier this year in response to the chemical leak at Freedom Industries on the
Elk River in Charleston .
Representatives of small oil and gas producers claim key provisions of the law
are impractical and expensive.
Industry representatives complain
they can’t meet the deadline because there are not enough inspectors to review
an estimated 40,000 tanks. They also argue that smaller tanks that
contain water, brine or oil should not be subject to the same rigorous standards
as larger tanks near water supplies that contain dangerous chemicals.
Sources say representatives from
environmental groups told the administration “in no uncertain terms” Tuesday
about their concerns that the law designed to protect the state’s water supplies
would be weakened during a special session. That forced the
administration to try to find another fix.
Tomblin’s office released a
statement late in the day confirming meetings with environmental and industry
groups to find a solution, but not ruling out a special session. ”A
special session to address these concerns is an option; however no final
decision has been made. The Governor remains committed to finding a balance
between new regulations and the safety of our public water sources.”
Last January, thousands of gallons of MCHM spilled from a
storage tank into the Elk River . The spill
reached the water intake for West Virginia American Water Company just a
mile-and-a-half downstream, fouling the water for 300,000 West
Virginians in a nine-county region.
That spill brought attention to the lack of regulation of above
ground storage tanks and caused lawmakers to pass a comprehensive bill aimed at
protecting water supplies.