West Virginia lawmakers in the Senate passed a bill to weaken drinking water protections by loosening regulations for certain aboveground storage tanks.
It is the latest move to weaken the Aboveground Storage Tank Act, passed in 2014 after a chemical leak from Freedom Industries along the Elk River contaminated drinking water for nearly 300,000 West Virginians in the Charleston area.
The bill would further decrease the number of tanks that must meet inspection and monitoring requirements designed to protect drinking water.
It would exempt smaller tanks, which are those with a capacity of 210 barrels or less, that store brine water or other fluids associated with oil and gas production. But they can’t be located in a zone of critical concern, which are areas identified as important for protecting public drinking water.
It would also allow the owners of some tanks located in critical zones to conduct their own inspections instead of requiring them to have tanks inspected by an independent third party.
Terry Fletcher, a spokesperson for the West Virginia Department of Environmental Protection, said the agency is closely monitoring the bill as it moves through the legislature and will implement any provisions required by law.
Lawmakers chip away at water protections
The 2014 chemical spill highlighted gaps in oversight of storage tanks located near water sources, prompting lawmakers to require thousands of tanks across the state to register with regulators for routine inspections.
But over the past decade, lawmakers have repeatedly chipped away at the law.
Thousands of tanks have already been exempted from the requirements. As a result, only about 11% of the more than 46,000 originally registered statewide remain regulated under state law.
Environmental groups have pushed back against the weakening of those requirements, saying it could increase risks to water quality.
The bill’s lead sponsor, Sen. Chris Rose, R-Monongalia, said the proposal would loosen regulations for the state’s oil and gas industry.
He argued that additional requirements could discourage investment in West Virginia.
“This is regulatory relief for small mom-and-pop gas producers in the state who are barely getting by because we keep piling on regulations every time one’s not followed,” he said.
But oil and gas waste tanks don’t just hold “brine.” They store a mixture of produced water, crude oil and other petroleum products, often containing toxic substances, according to the WV Rivers Coalition.
Sen. Mike Woelfel, D-Cabell, asked Rose whether or not any of the exempted tanks could contain hazardous chemicals like Benzene or Radium.
Rose said, “Some of them will.”
These chemicals can cause health problems like cancer, kidney and liver problems and high blood pressure.
Rebecca McPhail, president-elect of the Gas and Oil Association of West Virginia, said the bill preserves environmental protections while improving clarity on regulations.
“Senate Bill 641 enhances regulatory efficiency and supports responsible energy development across West Virginia,” she said.
Sen. Joey Garcia, D-Marion, introduced an amendment to more specifically define which fluids can be stored in exempted tanks.
“I think it’s important that we keep good regulations that protect our drinking water,” he said. “There are very few things more important than that.”
The Senate overwhelmingly rejected Garcia’s amendment.
The chamber then moved to pass the bill. Seven Republican senators joined Democrats in voting against it, breaking with the majority of their party.