Three years ago in the closing hours of the 2014 legislative session, WV legislature passed SB373, the “storage tank” bill (see Fate of 3 WV Laws that Impact Marcellus/Utica Drilling). That bill was in response to a chemical leak that affected the drinking water for 300,000 WV residents. Even though the leak was not related to oil and gas drilling (it was related to coal mining), the new rules governing above ground storage tanks for chemicals affect a number of industries, including the Marcellus Shale drilling industry (see Impact of WV’s New Chemical Tank Law on Marcellus Drillers). There was a lot of confusion about the law which requires just about all aboveground tanks (except your toilet) to be registered. WV ended up creating a new website to handle the confusion around the law (see WV DEP Launches New Website to Assist with Storage Tank Law). The writing was on the wall. It was obvious the law, as written, was totally unrealistic and unworkable. During the closing hours of the 2015 legislative session, WV legislators passed a partial repeal of the 2014 law, to fix it so it’s more workable (see WV Fixes Above Ground Tank Law, Now Less Onerous for O&G Industry). The industry still isn’t happy and is lobbying for a total exemption from the law. House Bill (HB) 2811, introduced last week, would do just that…
