Public comment period and public hearing for DEP aboveground storage tank rule

Last week, the DEP released its proposed rule for regulating aboveground storage tanks under Senate Bill 373. Public comments will be accepted through January 21st and can be emailed to (with “Aboveground Storage Tank Comments” in the subject line) or mailed to:

WVDEP Public Information Office
Aboveground Storage Tank Comments
601 57th Street, SE
Charleston, WV 25304

There will also be a public hearing on January 21st at 6pm at DEP Headquarters, 601 57th Street, SE, Charleston.

Here are some talking points to include in comments:
1. The aboveground storage tank registry should be accessible to the public.
2. The aboveground storage tank regulatory program should be adequately funded and staffed through tank registration fees.
3. Significantly increase the bond amounts so that they cover the potential liability that would be incurred if the AST fails. Under the current proposed draft, the bond amount for the Freedom Industries’ 48,000-gallon MCHM tank would have been $9,600 – nowhere near the amount required to fully remediate the site.

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