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.