Governor Tomblin Issues Statement Following Administrative Action Regarding Senate Bill 373

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Governor Earl Ray Tomblin today issued the following statement after the West Virginia Department of Environmental Protection (WVDEP) filed an interpretive rule providing guidance on the implementation of Senate Bill 373.

“After months of hard work by the West Virginia Department of Environmental Protection, which consulted with legislative leaders, industry representatives and a number of concerned citizens groups, the DEP today announced the filing of an interpretive rule that provides interim guidance on the implementation of Senate Bill 373.

“The proposed rule released today provides guidance to owners and operators of aboveground storage tanks for complying with two key parts of Senate Bill 373: inspection and certification of tanks, and spill prevention response plans. It protects the health and safety of all West Virginians, and our environment, from the risks of leaks of hazardous materials from above ground storage tanks.

“All affected aboveground storage tanks still must be registered by Oct. 1, 2014. This rule establishes a risk assessment approach to inspecting aboveground storage tanks in West Virginia and requires all aboveground tanks located within zones of critical concern, wellhead protection areas or groundwater intake areas to be professionally inspected and certified by the Jan. 1, 2015, deadline.

“This process has truly been a team effort, and I appreciate the continued hard work of DEP Secretary Randy Huffman and his staff, as well as his commitment to meeting with so many people to discuss the implementation and impact of Senate Bill 373. This solution balances regulations and compliance requirements with the long-term goal of protecting our water sources.”

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