On January 4, 2014, Storage Tank leaks into the Elk River contaminated the Kanawha River and the regional water supply

To: Frank Jernejcic, HB 2598 died in committee.

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From: Frank Jernejcic
Sent: Tuesday, March 8, 2022 12:28 PM
To: Mike Caputo
Subject: HB 2598 – Say No to Weakening Water Protections in the Aboveground Storage Tank Act

Dear Senator Caputo,

I am the Vice-President of the Upper Mon River Association (UMRA) and contacting you on behalf of our organization.

I am asking you to please protect our public drinking water and reject HB 2598, which weakens inspection requirements for certain oil & gas tanks closest to our public drinking water intakes.

All tanks within a Zone of Critical Concern (ZCC) should have the standards and oversight mechanisms of the Aboveground Storage Tank Act.

Please, say no to weaken protections for drinking water in the Aboveground Storage Tank Act and reject HB 2598.

Thank you for your consideration.

Sincerely, Frank Jernejcic, Morgantown, WV 26508

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See also: West Virginia Environmental Council, P.O. Box 1007, Charleston WV 25324 ~ Office: (304) 414-0143, Email: info@wvecouncil.org

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See also: West Virginia Rivers Coalition, 3501 MacCorkle Ave SE #129, Charleston, WV 25304. Office: 304-637-7201, Email: wvrivers@wvrivers.org

xxx

A most unusual legislative session comes to an end

From: West Virginia Rivers Coalition, Kathleen Tyner, ktyner@wvrivers.org

Location: Charleston, WV — Date: April 8, 2021

Ready for some good news? The dangerous bill that would exempt certain oil & gas storage tanks from the Aboveground Storage Tank Act appears to have been defeated!

Yesterday, 4/8, was the last meeting of the Senate Judiciary Committee, where HB 2598 was sitting. The bill was on the agenda on 4/7, then late that evening it got pulled off and never came back. Because the Committee did not advance the bill before the deadline, it “died” in the committee. This means over 880 oil and gas storage tanks will remain under the protection of the Aboveground Storage Tank Act!

This victory demonstrates the power of persistent citizen advocacy. Over the course of the legislative session, more than 20,800 messages were sent to members of the WV Legislature on the dangers of this bill.

Defeat of this bill is a good reminder that every email and every call makes a difference. Thank you for your dedication to clean, fresh, safe water in West Virginia!

WEST VIRGINIA RIVERS COALITION
3501 MacCorkle Ave SE #129 | Charleston, West Virginia 25304
304-637-7201 | wvrivers@wvrivers.org

Above ground storage tanks need rules & regulations

Ohio Valley Environmental Coalition (OVEC) Action Alert, February 19, 2021

Action Alert Comments. … be sure to respond as soon as possible!

The WV Legislature and industry lobbyists have brought back the bill for exemptions to the Aboveground Storage Tank Act as HB 2598, reintroduced this week and expected to make the House Energy and Manufacturing Committee agenda on Tuesday morning, February 23.

Long story short, the bill would deregulate certain aboveground tanks that store hazardous oil and gas waste near public drinking water intakes. For a deeper dive and more information check out West Virginia Rivers’ Fact Sheet.

We need you to take action before the House committee meets at 9 a.m. on Tuesday!

WV Rivers has set up a tool to send all committee members an email, and we suggest also pairing that with a phone call to both the Committee and its Delegates. If you aren’t already on your cell phone, make the switch now so you can just click to dial!

Here’s the example script:

“Hello, my name is _________ and I’m calling to ask you to please say no to HB 2598. All citizens deserve access to safe, clean drinking water, and HB 2598 exempts certain oil and gas tanks closest to our public drinking water intakes from the Aboveground Storage Tank Act, which requires regular inspections and crisis response plans.

Please say no to HB 2598.“

And below is who you can call on the House of Delegates Energy and Manufacturing Committee:

There are a lot of them. We suggest prioritizing delegates from your district or close-by, followed by the chairs and vice chairs.

Happy dialing, and stay warm out there!

-– Ohio Valley Environmental Coalition —

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Chair: Del. Bill Anderson: 304-340-3186; Vice Chair: Del. John R. Kelly: 304-340-3394

Minority Chair: Del. Ed Evans: 304-673-2969; Minority Vice Chair: Del. Dave Pethel: 304-775-5472

NGL Pipelines from OH, WV & SW-PA to East

Construction Worker Killed for New Natural Gas Processing Facility at Marcus Hook, PA

From an Article by Jamison Cocklin, Natural Gas Intelligence, April 1, 2015

Sunoco Logistics Partners LP confirmed that a contract employee was killed on Monday during work to convert the Marcus Hook industrial complex near Philadelphia into a natural gas liquids (NGL) terminal.

Spokesman Joe McGinn said the contractor, whose name was not released, died in an incident at about 2:30 p.m. EST Monday. The worker reportedly died of blunt force trauma after a large pylon fell. No other injuries were reported.

A U.S. Occupational Safety and Health Administration (OSHA) representative said federal officials are investigating. OSHA said the contractor worked for Los Angeles-based engineering and construction services firm AECOM, which has been cited for several OSHA violations in the past, according to agency records.

“The worker was struck by a steel pile during pile-driving operations,” said OSHA spokeswoman Joanna Hawkins. She added that the federal investigation could take up to six months to complete.

“No words can express the sorrow and pain that come when such a tragic event happens,” Sunoco stated. “Our deepest sympathies go out to the family and friends of the individual who died. They have suffered a devastating loss.”

Sunoco is converting the former oil refinery on the Delaware River into a terminal to store, export, process and distribute NGLs. (The Sunoco Mariner pipeline system which crosses southern Pennsylvania is being upgraded and repurposed to transport NGLs from southwestern PA, northern WV and eastern OH to the Marcus Hook facility.)

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No injuries in tank fire at well pad in Marshall County

From WTRF News 7, Wheeling, WV April 1, 2015

Moundsville, WV (AP) – An emergency official says no one was injured when a storage tank fire broke out at a drilling well pad in Marshall County.

Marshall County Emergency Management director Tom Hart says the fire was reported around 4:45 a.m. Wednesday at Gastar Exploration’s Armstrong pad near the Wetzel County line. (This is the Mason-Dixon Line, as extended to the Ohio River.)

Hart says four to five tanks were burning when firefighters arrived. The fire was extinguished in about an hour and the well pad wasn’t damaged.

Hart didn’t know what the tanks contained.

See also: www.FrackCheckWV.net

Update on SB 423, Amending the Aboveground Storage Tank Act

Report by Karan Ireland for the WV Citizens Action Group, Charleston, WV, March 7, 2015

The committee substitute for S.B. 423, “Amending the Aboveground Storage Tank Act” is before the House Judiciary Committee today. Environmental and citizen groups do not support this bill because, event though it is better than the introduced version, it is still a weakening of last year’s SB 373.

The ideal scenario would be for SB 373 to have a chance to work. Barring that, here are improvements that must be made in order for us to be okay with it:

Necessary Improvements to SB 423 Aboveground Storage Tank Act

1. Incorporate DEP’s risk-based rule. SB 423 does not incorporate DEP’s rule and would cause another year to go by without AST regulations in place – other than the initial registration, initial spill plans, and initial inspections. DEP’s Proposed AST Rule (47CSR63) was developed with extensive public input from industry and citizens to implement the Act. The rule divides tanks into three levels and requires more stringent protections for tanks that present the highest risks.

1. Tanks that pose a risk to water supplies must be included. SB 423 exempts approximately 36,000 tanks from regulation under the Act. Roughly one-third of the deregulated tanks are located within 1,000 feet of a river or stream. These tanks should continue to be regulated under the Act as they are most likely to contaminate water if they should fail.

1. Include stringent and explicit standards and accountability for tank and secondary containment integrity. The Freedom Industries disaster could have been avoided by regular tank inspections and a well-maintained secondary containment system.

SB 423 rolls back inspection requirements. Self-inspections should occur at least annually by qualified personnel. Tanks close to water intakes need to be inspected by DEP annually.

SB 423 rolls back Spill Prevention and Response Plan requirements. SPRPs need to be submitted to DEP and updated every 3 years, and must include info on stored chemicals.

SB 423 rolls back permit requirements. Individual permits for tanks closest to drinking water intakes should be required.

SB 423 creates an alternative means of compliance for nearly all tanks through modifications of existing permits or plans. SB 423 gives the DEP Secretary full discretion as to what standards are sufficient to protect waters of the state. It needs to explicitly require that modifications to permits or plans be as stringent as the standards in the Act so as not to create a loophole in regulation of ASTs. Public notice of these modifications should be required.

1. Require necessary information for source water protection planning. SB 423 creates new restrictions on disclosure of information that could prevent water utilities from being aware of threats to the water system. Information about the location and contents of tanks, including data on stored chemicals, must be shared with water utilities.

Here is a link to Ken Ward’s article that followed last Friday’s public hearing on SB 423.

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For more water updates, visit West Virginia Environmental Council

WVEC: www.wvecouncil.org

Roundup: “The Week Just Passed, The Week Ahead”

Weekly Report by  Vickie Wolfe, WV Environmental Council, March 7, 2015

>>>>>>>>>>  Note: This Week Ahead is the Last Week of the Regular 60 Day Session

Please join us for our annual awards dinner/fundraiser TUESDAY, MARCH 10 at 6:00 p.m. We will enjoy dinner, music and fellowship in the pleasant surroundings of the Women’s Club, 1600 Virginia Street East, Charleston. Suggested donation $15.

Tell committee members to pass this rules bundle without amendment! For additional information see a previous action alert here.

On Wednesday, Delegate Mike Caputo (D-Marion) had a letter hand-delivered to the Governor asking him to veto the bill because of mine safety concerns. You can read a statement from Delegate Caputo here.

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Bills We Are Tracking

Updated: March 7, 2015:  Tag: Legislation

See also: www.FrackCheckWV.net

Will you let this happen (again & again)?

It’s Not Water Under the Bridge

Editorial, Morgantown Dominion Post, February 27, 2015

You better believe history has a way of repeating itself. Take for instance our state leaders, and agencies, long history of allowing industry to have its way with our natural resources.

Never mind the collateral damage done to our environment, especially our water resources. At least it was that way until March 8, 2014, or so we thought.

That was the date when the state Legislature unanimously approved Senate Bill 373 in response to a massive chemical spill into the Elk River. That spill contaminated the water supply of 300,000 state residents in a nine-county region resulting in a tap water ban for nearly a week. But soon after that legislation was passed, some warned that protecting our water does not end with passing a bill.

Industry never sleeps and would keep the pressure on government through its well-financed lobby. As one WVU law professor put it at the time, “While you’re not paying attention, they are.” Guess what? We have not been paying attention.

This week the Senate Judiciary Committee unanimously advanced legislation to the Senate floor that basically guts SB 373. Though the new legislation — Senate Bill 423 — still requires all above-ground storage tanks to be registered with the state, it drops practically all regulation for about 36,000 of those 48,000 tanks.

The new bill purportedly targets tanks in zones of critical concern and a newly defined zone of peripheral concern to public water intakes, rather than protecting groundwater in general.

What that means is, if you rely on a private groundwater well or other such water supply you had better hope there are no above-ground storage tanks nearby. It also drastically reshapes how many industries need to apply for permits, allowing them to opt out of the separate permit process for their storage tanks if they already fall under some other regulatory tool.

Some have estimated that as a result of this provision, fewer than 100 tanks will be subject to the regular strict inspections.

The state Department of Environmental Protection (DEP) secretary was quick to point out recently that the bill the governor sought last year — SB 417 — was not as stringent as the one lawmakers ultimately passed. That was the legislation whose opening paragraphs talked about protecting industry, rather than our water resources. It was the one that died a quiet death once the public got a look at it and started to make some noise.

Something tells us the public needs to start making some more noise again — at SB 423. And if they don’t hear you now, you can always get their attention at the ballot box on November 8, 2016.

Uninspected Tank Exploded in Tyler County

WV Legislators Working to Roll Back Above-ground Tank Regulations

From an Article by Glynis Board, WV Public Broadcasting, February 26, 2015

State senators in Charleston took action this week to roll back aboveground tank regulations put in place after last year’s chemical spill which contaminated water for hundreds of thousands of West Virginians.

The Senate Judiciary committee passed an amended bill that would make major changes to the Above Ground Storage Tank Act that was passed into law in the wake of last year’s chemical spill into the Elk River.

More than 50,000 tanks are currently registered with the state Department of Environmental Protection under the law, but a vast majority of those would be pulled from the agency’s regulatory program should the Senate’s bill pass.

Zones of Critical Concern

Instead of regulating all above ground tanks in the state, and despite the fact that the WV-DEP has already gone through a year-long rulemaking process, Judiciary chair Charles Trump explains that the amended version of Senate Bill 423 focuses on the tanks located in “zones of critical concern.” He says much of the WV-DEP’s work will be salvageable.

“The bill establishes two levels of tanks that would get scrutiny. Level one tanks are those which contain 50,000 gallons of anything, tanks that contain really bad or dangerous stuff in them, and all tanks which are in the zone of critical concern.”

Trump explains that zones of critical concern are identified as anything that could flow to a water intake within five hours. Level two tanks are those that would take 5 to 10 hours to flow to a water intake.

President of the environmental consulting firm Downstream Strategies, Evan Hansen explains that prior to the amendments, the bill would have deregulated all but about 100 of the 50-thousand tanks currently registered – three quarters of which are classified as oil and gas storage tanks.

“The bill is different from what was originally introduced,” Hansen said, “but I wouldn’t call this a ‘compromise’. It’s still a significant rollback from current law.”

Opting Out

The amended bill would leave approximately 12,000 tanks regulated, and of those, Hansen explained, the owners and operators would have the option of applying to the Department of Environmental Protection to be regulated under other existing programs.

So in effect, Hansen says, the end result would likely be very similar to the bill that was initially introduced, leaving perhaps a hundred tanks regulated.

Department of Environmental Protection Secretary Randy Huffman spoke to the Judiciary Committee in support of proposed changes as did the president of the West Virginia Oil and Gas Association, Corky Demarco. And there seems to be a general bipartisan consensus of approval among senators. Mike Romano is a Democrat from Harrison Country who speaks highly of the bill saying that it corrects overreaches.

“We gotta remember,” Romano said, “that we’ve had one tank spill in the history of our state that the DEP was able to identify, and that was Freedom.” But some remember other tank spills.

Lisby Pad Explosion

“Those who forget history have a propensity to repeat it,” said Wetzel County resident Bill Hughes. Smaller communities deserve the same protections as larger ones, Hughes said, and he worries the regulatory rollback will leave communities that are inundated by the natural gas industry exposed.

“The town of Pine Grove, in Wetzel County, and the town of Middlebourne in Tyler County have sole source surface water drinking supplies. Meaning, one stream is the only place they get their drinking water and they’re both very vulnerable.”

In January of last year the WV-DEP was called to Tyler County just six miles from Middlebourne where one of six 8-thousand-gallon steel tanks exploded and caused “a black sludge to flood an area around a well pad,” according to a local report two weeks later in the Tyler Star News. The WV-DEP “found there was imminent danger by causing a fresh water supply to be lost or contaminated.”

Hughes says it was four days of rain washing the contamination into the stream only a few feet away before any state agency responded. No one told the town of Middlebourne about the explosion or that their water was contaminated during that time.

“The local gas operator folks, they don’t even know that this could be a water source for a downstream municipality. They’re not from around here,” Hughes added.

Weakened Regulations

Meanwhile, back in Charleston, environmental consultant Evan Hansen says discussion on Senate Bill 423 has been dominated by debate over which tanks should or should not be regulated; but Hansen is worried that the bill would also substantially reduce the stringency of regulation.

“For example, it significantly cuts down on the frequency of inspections that are required by the DEP, it significantly weakens the self-inspections that are required to be done by the owners and operators, it cuts down on the provision of information to water utilities that are trying to do planning to protect their source water and it takes several other steps that weaken the Act.”

Senate Bill 423 now moves to the floor for the full Senate’s consideration. The companion bill in the House has not been taken up by a committee.

See also: www.FrackCheckWV.net

Storage Tank Explosion Flames 50 Feet High, One Killed on July 16, 2012 at Bolivar, OH

Tell Governor Tomblin & Legislative Leaders: “Don’t Delay Public Safety. No Special Session.”

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From WV-Citizens Action Group, Charleston, WV, August 28, 2014

WV-Citizens Action Group and allied organizations are asking everyone to call Governor Earl Ray Tomblin Governor (304-558-2000), Senate President Jeff Kessler (304-357-7801) and House Speaker Miley (304-340-3210) to let them know that the public does NOT want to delay the implementation of Senate Bill 373, for the registration and inspection of chemical storage tanks in WV.

SB 373 was passed in response to the Freedom Industries chemical spill that contaminated the drinking water of more than 300,000 West Virginians. It was strenuously negotiated, passed both houses unanimously to overwhelming public support and was lauded by the Governor. Interim guidelines for inspection have been available through the WV Department of Environmental Protection (DEP) website for months. There should be a delay now.

Legislative leaders argue that the delay is needed to prevent “uncertainty [for] affected industries and the families that rely on them for employment.” However, the spill cost businesses $61 million according to a preliminary economic impact study. Small businesses such as medical offices, restaurants, hotels, and retail stores that need clean water to operate, the families that rely on them for employment, and others affected by the spill also need certainty and assurances that another disaster like this won’t happen again.

You can call Governor Tomblin, Senate President Kessler and Speaker Miley and tell them, “Don’t delay public safety. Don’t water down the water bill.”

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P.S. The storage tanks used by the oil and gas industry are also located near streams and rivers, above farm land and overlooking residences. These need to be registered and inspected. The Lisby pad had a storage tank explode just months ago. This contaminated the local farm field with runoff into Big Run of Indian Creek where the water flowed thru Middle Island Creek and on to the water intake for Middlebourne, WV.  Our homes, fields, streams, and drinking water need to be fully protected!

Gov. Earl Ray Tomblin:  Contact information here.

Senate President Jeff Kessler, 304-357-7801, jeff.kessler@wvsenate.gov

House Speaker Tim Miley, 304-340-3210, tim.miley@wvhouse.gov

How to Regulate WV Storage Tanks?

WV-DEP Requests Public Input on Storage Tank Rules

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From: WV-DEP, April 25, 2014 @ 4:14 PM
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The West Virginia Department of Environmental Protection (WV-DEP) is seeking public input on what should be included in the rules related to how above ground storage tanks are regulated.

As a requirement of the newly passed WV Senate Bill 373 legislation, which is known to some as “The Water Resources Protection Act,” and to others simply as “The Tank Bill,” the agency must draft rules for a new Aboveground Storage Tank Regulatory Program in time for lawmakers to consider them during the 2015 legislative session. In order to meet that deadline, the WV-DEP will file its proposed regulations as an emergency rule this fall.

Normally, public comment is taken after rules have been drafted. However, because this program is new to the department, and because of the many interests at stake, WV-DEP Secretary Randy Huffman decided to approach the rule-making process for the tank program a little differently.

“We would appreciate input from industry groups, experts, any member of the public with an idea about what needs to be addressed in the rules,” said Huffman. “We will consider that input as we draft the regulations.”

Ideas can be submitted to the agency via email or through the mail by May 15. The email address is:  WVDEPTankRules@wv.gov

Letters can be mailed to:

West Virginia Department of Environmental Protection
Tank Rules, 601 57th Street, SW
Charleston, WV 25304

Once the first draft of the regulations is ready, which is expected to occur in mid-July, additional comments from stakeholders will be considered in revising the regulations before they are filed with the Secretary of State’s office. At that time, the rules will be put out for public notice, which includes a process by which the public can submit written comments or speak out at a public hearing.

“We want this process to be as open and inclusive as possible,” Huffman said. “If you have an idea, please feel free to submit it. Your suggestions will help us achieve our goal of making these rules as thorough and as effective in safeguarding public health and the environment as possible.”Again, the deadline to submit ideas for the first draft of the rules is May 15. The WV-DEP asks that contact information be included in the letters or emails so that someone from the agency can call or write back with follow-up questions if necessary.