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DEP Releases Interpretive Rule On Tanks

posted Sep 10, 2014, 12:34 PM by David Lillard   [ updated Sep 10, 2014, 12:35 PM ]
The DEP’s interpretive rule, detailing how the agency interprets the aboveground storage tank program requirements of Senate Bill 373 – specifically related to the tank certification and spill prevention response plan requirements – was filed with the West Virginia Secretary of State’s Office September 9. WV Rivers executive director Angie Rosser called the rules a "practical step" in implementing the requirements of the new water protection law. See related article.

The interpretive rule helps avert a special session of the legislature by providing information to tank owners in advance of the release of the permanent rule. WV Rivers had worked to avoid a special session out of concern that the session would re-open the bill before it takes effect.

A copy of the rule can be accessed on the DEP’s Aboveground Storage Tank page at

The rule will be out for public comment for 30 days and a public hearing will be held on Oct. 9 at 6:30 p.m. at the DEP’s headquarters in the Kanawha City area of Charleston.