Committee Advances Looser Aboveground Storage Tank Rules
West Virginia lawmakers' rulemaking panel voted 8 to 1 to rewrite state tank regulations, which now head to the full Legislature in January.
Updated on Nov. 11, 2026 in Utilities
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West Virginia's Rulemaking Review Committee voted 8 to 1 to advance a rewrite of aboveground storage tank regulations. The rule would loosen several requirements, and it will go to the full Legislature for consideration in January.
Why it matters
The rewrite follows the 2014 Freedom Industries spill, which left 300,000 people in the Kanawha Valley without water and prompted the Aboveground Storage Tank Act. Many provisions removed from this year's bill are now being written into regulations.
The committee voted 8 to 1 to advance the rule, with individual votes recorded at the request of Del. Kayla Young. The rewrite would move inspections of the highest-risk tanks from every 14 days to monthly, provided those tanks meet certain national standards, and exempt tanks holding less than 210 barrels of brine.
The players
Department of Environmental Protection
West Virginia's state agency responsible for environmental regulation, which is drafting the rewrite of the aboveground storage tank rules.
Chemours
A chemical manufacturer that recently settled over chemical releases into the Ohio River, a contamination case that involved a landfill rather than an aboveground storage tank.
The details
The Department of Environmental Protection began the rewrite after lawmakers passed a bill earlier this year exempting brine tanks. The rule also adds definitions for 'leak,' 'discharge' and 'release,' and gives the DEP secretary power to extend a nine-month window for newly designated tanks, though the DEP agreed to drop that provision and the committee did not amend it.
Timeline
2014: Freedom Industries spill; Aboveground Storage Tank Act passed.
Earlier in 2026: Legislature passed the brine tank exemption bill.
Tuesday, November 11, 2026: Rulemaking Review Committee approved the rule 8 to 1.
January: Rule to be considered by the full Legislature.
Roadmap
The rewrite revisits the 2014 Aboveground Storage Tank Act, passed after the Freedom Industries spill that cut water service to 300,000 people in the Kanawha Valley. Lawmakers and regulators are now relaxing several provisions that the act had tightened, a shift that will be tested when the full Legislature takes up the rule in January.
If the rule takes effect, the highest-risk aboveground storage tanks would be inspected monthly rather than every 14 days, and smaller brine tanks would no longer fall under the same requirements. Residents near storage sites would face a different inspection schedule than the one that followed the 2014 spill.
The takeaway
Rules that were tightened after a major crisis can be loosened through agency rulemaking, so readers near storage sites should follow the January legislative session to see the final version.
What happens next
The rule will go to consideration by the full West Virginia Legislature in January.
Further reading
Explore more West Virginia utilities coverage to see how state infrastructure rules are shaping local services.
Source note: This article includes information reported by Bluefield Daily Telegraph.
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