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West VirginiaSB 6412026 Regular SessionSenate

Relating generally to aboveground storage tanks

Sponsored By: Chris Rose (Republican)

Signed by Governor

§22-30-3§22-30-15

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 2 costs, 1 mixed.

Inspections and safety rules for tanks

The secretary may enter tank sites at any time, sample fluids, test tanks, soils, and water, and take corrective action. Owners and operators must give information, do reasonable monitoring or testing, allow record copying, and allow access for corrective work when asked. Level 1 tanks are inspected at least once every three years, and the secretary sets inspection procedures for Level 2 tanks. Remote, non‑destructive tools can be used to reduce people entering confined spaces. Tanks must have secondary containment that holds the biggest tank plus rain; earthen dikes must hold escaped fluid for at least 72 hours.

Risk tiers and thresholds for tanks

The law uses two risk levels for aboveground storage tanks. A Level 1 tank is in a critical or protected water area, holds listed hazardous chemicals at 1% or more (petroleum alone does not count), or holds 50,000 gallons or more. A Level 2 tank is in a zone of peripheral concern and is not Level 1. Some brine-only tanks are Level 2: tanks of 10,000 gallons or less in protected areas, and tanks over 210 barrels up to 10,000 gallons in peripheral zones. Any tank that is Level 1 or Level 2 is a regulated tank and must follow the rules.

Nine-month delay when zones change

Beginning July 1, 2026, if an area is newly named a critical or peripheral concern zone, existing tanks inside it get nine months to comply. The nine months start when the owner or operator gets written notice by certified or electronic mail. The delay applies only to tanks that existed before the new designation.

Which tanks are covered or exempt

An aboveground storage tank holds more than 1,320 gallons, is made of non‑earthen materials, and is over 90% above ground. It includes piping to the first point of isolation and mobile tanks kept in one place for 365 days. Many devices are not covered, like shipping containers, barges, pools, drinking‑water tanks, food‑grade tanks, most farm tanks (unless in a critical zone), wastewater units, pipeline facilities, and some oil and gas equipment. Some small brine or roadway‑pretreatment tanks are exempt from most rules but must register, give notice, and post signs. The law defines owner and operator, and lets you declare an empty tank as nonoperational by notifying the department.

Sponsors & Cosponsors

Sponsor

  • Chris Rose

    Republican • Senate

Cosponsors

  • Brian Helton

    Republican • Senate

  • Patricia Rucker

    Republican • Senate

  • Eric Tarr

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 113 • No: 78

Senate vote • 3/13/2026

Senate concurred in House amendments and passed bill (Roll No. 600)

Yes: 25 • No: 8

House vote • 3/12/2026

Passed House (Roll No. 431)

Yes: 58 • No: 34

Senate vote • 3/4/2026

Passed Senate (Roll No. 334)

Yes: 24 • No: 9

Senate vote • 3/4/2026

Garcia amendments rejected (Roll No. 333)

Yes: 6 • No: 27

Actions Timeline

  1. Approved by Governor 3/27/2026

    3/27/2026Senate

  2. To Governor 3/18/2026

    3/18/2026Senate

  3. To Governor 3/18/2026 - Senate Journal

    3/14/2026Senate

  4. Approved by Governor 3/27/2026 - House Journal

    3/14/2026House

  5. Approved by Governor 3/27/2026 - Senate Journal

    3/14/2026Senate

  6. House Message received

    3/13/2026Senate

  7. Senate concurred in House amendments and passed bill (Roll No. 600)

    3/13/2026Senate

  8. Communicated to House

    3/13/2026Senate

  9. Completed legislative action

    3/13/2026Senate

  10. On 3rd reading, Special Calendar

    3/12/2026House

  11. Read 3rd time

    3/12/2026House

  12. Passed House (Roll No. 431)

    3/12/2026House

  13. Title amendment adopted (Voice vote)

    3/12/2026House

  14. Communicated to Senate

    3/12/2026House

  15. On 2nd reading, Special Calendar

    3/11/2026House

  16. Read 2nd time

    3/11/2026House

  17. Amendment reported by the Clerk

    3/11/2026House

  18. Committee amendment adopted (Voice vote)

    3/11/2026House

  19. Markup Discussion

    3/10/2026House

  20. With amendment, do pass

    3/10/2026House

  21. Immediate consideration

    3/10/2026House

  22. Read 1st time

    3/10/2026House

  23. House received Senate message

    3/5/2026House

  24. Introduced in House

    3/5/2026House

  25. To Energy and Public Works

    3/5/2026House

Bill Text

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