SB 641: Relating generally to aboveground storage tanks - West Virginia

sb641 sfa rose 3-3 adopted.htm → sb641 sfat rose 3-4 adopted.htm · 3 edits

MINOR

The bill's title was updated to reflect a broader scope, now explicitly including the modification of definitions for different tank levels and the allowance of remote inspection technologies. The previous detailed text proposing new inspection protocols and specific monitoring requirements was removed, likely to be replaced by the new language described in the updated title.

Scope change

The bill's scope was expanded in its description to include modifying definitions for tank classifications and permitting remote technologies for inspections, whereas the previous version focused on establishing new inspection and monitoring duties.

SCOPE

The bill title was revised to explicitly state that it modifies definitions for aboveground storage tanks and allows remote technologies for inspections.

REQUIREMENT

Specific text proposing new sections for inspections, monitoring, testing, and detailed inspection frequencies for different tank levels was deleted.

ENFORCEMENT

Provisions granting the secretary authority to enter establishments, inspect fluids, and take corrective actions were removed from the visible text.

sb641 hfat anderson 3-12 adopted.htm → sb641 sfa rose 3-3 adopted.htm · 4 edits

MODERATE

The bill's title and sponsor information were updated to reflect a new amendment proposal by Senator Rose. The most significant substantive change is the addition of a new section granting the secretary broad authority to inspect tanks, collect samples, and conduct testing upon request. This new section also mandates that Level 1 tanks be inspected at least once every three years and explicitly allows the use of remote non-destructive examination technologies to reduce the need for humans to enter confined spaces during inspections.

Scope change

The bill's scope expanded to include new enforcement and inspection powers for the secretary, specifically adding a new Section 15 that details the secretary's authority to enter facilities, inspect tanks, and take corrective action.

ENFORCEMENT

Added a new Section 15 granting the secretary authority to inspect tanks, collect samples, and take corrective action upon request.

REQUIREMENT

Established a specific requirement for Level 1 regulated tanks to be inspected at least once every three years.

TECHNICAL

Authorized the use of remote non-destructive examination technologies to minimize human entry into confined spaces during inspections.

SCOPE

Removed the original title and sponsor information, replacing them with details of the new amendment proposal.

sb641 h epw am _1 adopted.htm → sb641 hfat anderson 3-12 adopted.htm · 5 edits

MODERATE

The bill was amended to replace the full text of the Aboveground Storage Tank Act with a new version that refines how tanks are defined and regulated. The changes focus on clarifying exemptions for specific industries, adjusting the criteria for what constitutes a 'regulated' tank based on location and contents, and updating inspection requirements to allow for remote testing technologies. Additionally, the bill title was updated to reflect these specific policy modifications.

Scope change

The scope of the bill was modified to provide clearer definitions for 'regulated' tanks, particularly distinguishing between Level 1 and Level 2 tanks based on proximity to water sources and the type of fluid stored. The amendment also explicitly maintains registration and notice requirements for certain exempted tanks.

DEFINITION

Updated the definition of 'regulated level 1' and 'regulated level 2' tanks to specify that tanks containing only hydrocarbon brine in critical areas are now categorized as Level 2, whereas previously they might have been treated differently.

ELIGIBILITY

Clarified exemptions for various devices, such as farm devices, pipeline facilities, and electrical equipment, ensuring they are not subject to the full regulatory burden of the act.

REQUIREMENT

Modified inspection protocols to explicitly allow the use of remote non-destructive examination technologies to reduce the need for humans to enter confined spaces during tank inspections.

Ensured that tanks exempt from certain regulatory definitions must still comply with registration, notice, and signage requirements.

TIMELINE

Established a nine-month grace period for existing tanks located in newly designated 'zones of critical concern' or 'zones of peripheral concern' after July 1, 2026, before they become subject to new regulation levels.

Committee Substitute → sb641 h epw am _1 adopted.htm · 6 edits

MODERATE

The bill was completely rewritten to modernize the Aboveground Storage Tank Act. The new version expands the list of exempted devices, adds detailed definitions for water supply zones, and establishes a new inspection schedule for regulated tanks. It also introduces a nine-month grace period for existing tanks located in newly designated critical concern zones to allow owners time to prepare for new regulations.

Scope change

The bill's scope expanded by adding new definitions for water sources and inspection protocols, while simultaneously narrowing the scope of certain exemptions by explicitly excluding specific brine water tanks from Level 1 regulation in critical zones.

DEFINITION

Added new definitions for 'Process vessel', 'Public groundwater supply source', 'Public surface water supply source', and specific water system classifications.

Redefined 'Regulated level 1' and 'Regulated level 2' tanks to include specific capacity thresholds and substance lists, clarifying when tanks are subject to stricter rules.

REQUIREMENT

Added a new section requiring the Secretary to inspect Level 1 tanks at least every three years and develop a protocol for Level 2 tanks.

TIMELINE

Created a nine-month grace period for existing tanks in newly designated critical concern zones before they must comply with new Level 1 or Level 2 regulations.

ELIGIBILITY

Modified exemptions for farm devices and small brine water tanks, clarifying that some previously exempt tanks in critical zones are now subject to Level 2 regulation.

ENFORCEMENT

Added explicit authority for the Secretary to enter facilities, inspect tanks, take samples, and conduct testing to ensure compliance.

Enrolled Committee Substitute → Committee Substitute · 3 edits

MINOR

The bill transitions from a formal legislative document to a web interface, stripping away the actual legal text and replacing it with navigation menus and site links. This change removes all substantive policy details, definitions, and regulatory requirements, leaving only the website's structural framework.

Scope change

The bill's scope is completely removed; the text now describes a website rather than a legislative act.

DEFINITION

All legal definitions for terms like 'aboveground storage tank', 'regulated level 1 tank', and 'zone of critical concern' were deleted.

REQUIREMENT

Specific regulatory requirements, exemptions, and compliance rules for tank owners were removed.

TECHNICAL

Web navigation elements such as 'Skip navigation', 'Senate', 'House', and 'Bill Status' links were added.

Engrossed Committee Substitute → Enrolled Committee Substitute · 8 edits · Mar 14, 2026

MODERATE

The bill was converted from a committee draft to its final enrolled version, adding new definitions for 'Owner' and 'Person' and expanding the list of regulated tank categories. It introduces specific exemptions for small brine tanks and farm devices, establishes new zones for water protection, and mandates remote inspection technologies to reduce worker safety risks.

Scope change

The bill's scope expanded to include new definitions for 'Owner' and 'Person' and added specific exemptions for small brine tanks and farm devices. It also introduced new regulatory zones for water protection and mandated remote inspection technologies.

DEFINITION

Added definitions for 'Owner' (including previous owners) and 'Person' (excluding the Department of Environmental Protection).

Added definitions for 'Process vessel', 'Public groundwater supply source', 'Public surface water supply source', 'Public water system', 'Release', 'Secondary containment', and 'Secretary'.

Added definitions for 'Zone of critical concern' and 'Zone of peripheral concern' based on mathematical models of water travel time.

REQUIREMENT

Added a nine-month grace period for existing tanks in newly designated zones of concern before they become regulated.

Mandated the use of remote non-destructive examination technologies to reduce human entry into confined spaces during inspections.

Added requirements for owners to furnish information, conduct monitoring, and permit inspections upon request of the secretary.

Added requirements for the secretary to inspect level 1 regulated tanks at least once every three years.

ELIGIBILITY

Modified the definition of 'Aboveground storage tank' to exclude specific categories like shipping containers, barges, swimming pools, and certain small brine or snow-melt tanks.

Introduced Version → Engrossed Committee Substitute · 6 edits · Mar 13, 2026

MODERATE

The bill was updated from an introduced draft to a committee substitute version, expanding its regulatory scope and adding new definitions. The primary changes include the addition of a new section for inspections and monitoring, the creation of two new tank categories (Level 1 and Level 2) based on location and capacity, and the establishment of a nine-month grace period for existing tanks in newly designated critical zones. Additionally, the bill now explicitly allows for the use of remote non-destructive examination technologies to reduce the need for human entry into confined spaces during inspections.

Scope change

The bill's scope expanded from focusing on specific exemptions and general definitions to establishing a tiered regulatory framework (Level 1 and Level 2 tanks) and introducing a new section dedicated to inspection protocols and the use of remote technologies.

DEFINITION

Added new definitions for 'Regulated level 1 aboveground storage tank' and 'Regulated level 2 aboveground storage tank' to create a tiered system based on tank capacity, location, and contents.

Reorganized the list of excluded devices from a multi-lettered list into a single consolidated paragraph and added a new exclusion for tanks within specific coal mining permits.

REQUIREMENT

Added a new section (§22-30-15) requiring the Department of Environmental Protection to inspect Level 1 tanks every three years and develop a protocol for Level 2 tanks.

Updated the notice requirements for exempted devices to include signage requirements found in §22-30-11.

TECHNICAL

Explicitly authorized the use of remote non-destructive examination technologies to minimize human entry into confined spaces during tank inspections.

TIMELINE

Established a nine-month grace period for existing tanks located in areas newly designated as zones of critical concern or peripheral concern after July 1, 2026, before they become subject to full regulation.

Relating generally to aboveground storage tanks

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