WV House passes narrower version of bill to loosen regulations on above-ground storage tanks

Two days before the end of the 2026 legislative session, House Democrats passed a bill Thursday to loosen regulations for some of the state’s above-ground storage tanks near drinking water sources.

The version of Senate Bill 641 The bill passed by the House of Representatives on Thursday was significantly different from the original bill – and was narrower in scope passed by the Senate and sent to the House of Representatives last week. Under the current version of the bill, regulatory standards would be relaxed for tanks containing only brine water with a capacity of 10,000 gallons or less. The original bill applied to tanks with a capacity of 50,000 gallons or less that contained liquids produced by hydrocarbon activities.

The amended version of SB 641 was passed by the House of Representatives 58-34seven members were absent and not entitled to vote. All nine House Democrats and 25 House Republicans voted against the bill.

Now the Senate will either approve or reject the legislative changes made in the House of Representatives. If the Senate rejects the amended version, the bill could be sent to a conference committee.

All legislation must be passed in the same form by both chambers before the Legislature adjourns at midnight Saturday to be sent to the governor’s desk for his signature.

If SB 641 goes into effect, it would mean that qualified brine water tanks would be regulated under “Level 2” standards instead of “Level 1.” Under state law, Level 1 tanks are subject to higher fees, stricter regulations, more habitual inspections and stricter construction standards because they could pose risks to nearby drinking water sources or the environment if the liquids they contain leak.

During Thursday’s debate, House Democrats urged their colleagues on both sides of the ballot to reject the bill. They expressed concerns that less regulation of tanks – even those containing “only” salt water – could pose risks to public drinking water systems and sources.

“I think this version is a lot better than the original version we had in the House Energy Committee, so I’m glad it’s less bad, but that doesn’t make it good,” Del said. Kayla Young, D-Kanawha. “Drinking water is still at risk when there are already a number of counties in this state that do not have clean drinking water.”

Del. Clay Riley, R-Harrison, argued that the risk is low Brine tanks. He said the brine stored in the tanks is the same as the brine solution used to treat roads from snow and ice. That snow and ice will eventually melt, he said, allowing the brine to enter waterways that are also in critical and peripheral problem areas.

Del. Rep. Mike Pushkin, D-Kanawha, said street runoff is also not protected, but it occurs in smaller amounts than if a tank were to discharge directly into the water.

“So you’re against brine?” asked Riley Pushkin.

“I am not against brine,” replied Pushkin. “I am against having it in drinking water.”

“Are you against brine on the streets?” Riley continued.

“No, but I don’t get my drinking water from the street,” said Pushkin.

Pushkin and Del. Rep. Evan Hansen, D-Monongalia, offered to work with Riley on legislation next year to examine salt truck regulations to also prevent more drinking water runoff.

Advocate for the original invoice — including Sen. Chris Rose, R-Monongalia, the bill’s lead sponsor — Say it’s necessary to lend a hand “small” gas companies that have difficulty complying with the standards set by current regulations.

Del. Joe Parsons, R-Jackson, said on the floor Thursday that he didn’t “like” the amended version of SB 641 because it doesn’t sufficiently lend a hand “small operators.” Parsons voted for the legislation.

Del. David Green, R-McDowell, said he appreciates the House Energy Committee narrow the scope of the billwhich originally applied to tanks containing crude oil, methanol, diesel and more. He said “several members” of the committee had “concerns” about that part of the legislation.

“We’re very concerned about our drinking water. But if at the same time we don’t help our industries disappear and our industries disappear, we’re also in big trouble,” Green said.

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‘It actually worked’: Lawmakers warn against ongoing efforts to weaken regulations on above-ground storage tanks

In the House Energy Committee earlier this week, members of the Environmental Protection Agency testified that at least three leaks have been recorded in recent years from above-ground storage tanks leaking into waterways. However, the leaks were detected before they entered a water intake.

Hansen said this is evidence that the current regulations are worth preserving.

“The fact that (a spill of drinking water) has not been documented since the Above-Ground Storage Tanks Act went into effect is a vindication of the Above-Ground Storage Tanks Act,” Hansen said. “It actually worked – it worked and protected our drinking water.”

The state initially took over Above Ground Storage Tanks Act with unanimously Support in 2014.

Only two months beforea tank containing the coal cleaning chemical MCHM that leaked into the Elk River from Freedom Industries and contaminated the water supplies of residents of nine West Virginia counties, primarily in the Kanawha Valley. Up to 300,000 residents were ordered not to drink or bathe in tap water for days.

The original Above Ground Storage Tanks Act added a regulation requiring all tanks to be registered and an inventory kept detailing their contents. Operators and owners have been directed to prepare spill response plans and provide guidance on how local water supplies might be affected if a spill occurs. The law also codified the requirement that all tanks undergo certified inspections to ensure they are functioning as intended.

Pushkin was first elected to the House of Representatives in November 2014. He said he has participated in debates about weakening the original above-ground storage tank law in every session he has been a member of.

“Every year the (oil and gas) industry comes back to take a little bite of the apple,” Pushkin said. “I’m warning you, I’m making a prediction now: If we do this, next year they’ll come back for more. Next year they want to deregulate the tanks used for oil and gas right next to the public water intakes.”