Something to Think About
Don Michael, WVFB Director of Governmental Affairs
Aboveground Storage
Tank Act and Late Summer
Fun . . . and they are not one
in the same! Much discussion
and concern continue to be
generated over the unintended
consequences of the
Aboveground Storage Tank
(AST) Act. On September 9
DEP’s interpretive rule (related
to tank certification and spill prevention response
plan requirements) was filed with the Secretary of
State’s Office. The four-page rule provides a threelevel approach to inspection – Level 1 AST/high risk,
Level 2 AST/lesser risk and Level 3 AST/low risk.
The levels are based on potential for harm to public
health or the environment due to contents, size or
location. Any AST located within a zone of critical
concern, wellhead protection area or groundwater
intake area under the influence of surface water will be
considered Level 1, as will any AST with a capacity
of 50,000 gallons or more (regardless of location or
contents). Certified inspection will be required for
Level 1 ASTs. Inspection will be required on Level 2
and 3 ASTs, but it may be done by certified inspectors
or the owner or operator of the AST or their designee.
For additional details regarding initial inspection,
certification and spill prevention requirements go to
the DEP website – www.dep.wv.gov (Scroll down and
click on Implementation of the Aboveground Storage
Tank Act.). The rule was on comment for 30 days with
a public hearing held on October 9.
Farm Bureau and other concerned parties were
invited by DEP Secretary Huffman to a stakeholders’
work session on October 1 to discuss/offer
suggestions on the initial “rough” draft of the 79-page
emergency rule for the Aboveground Storage Tank
Program. The emergency rule is available on DEP’s
website. Per a September 18 DEP news release, any
members of the public desiring to offer suggestions
on ways to improve the rule can email those
comments, by October 24, to WVDEPtankrules@
wv.gov or mail to WV DEP – Public Information
Office, AST Emergency Rule Comments, 601 57th
Street SE, Charleston WV 25304. Stay tuned for
updates on the interpretive and legislative rules
that will provide the regulatory framework for
the Aboveground Storage Tank Program. There
are certainly many unanswered questions and
potential unintended consequences that loom on the
horizon – fee schedules, farm data becoming public
information with bioterrorist implications, etc. The
WV Department of Agriculture is actively involved in
providing assistance to the farm community relative
to AST questions. The lead contact is Bob Tabb
([email protected] or 304-229-5828).
As summer was winding down my wife and I
participated in a number of activities filled with the
richest of blessings – Homecomings and Reunions,
Farm Bureau Annual Meetings and Meet the Candidate
Events, chasing classic rock music at Fairs and
Festivals, etc. Each event provided opportunities for
learning, sharing, renewing acquaintances and meeting
new friends . . . and of course, great food! These types
of events don’t garner front page news, but they offer
a snapshot of what is right with our nation. Obviously
none of these activities would be possible without the
freedoms we enjoy in America, freedoms too many
take for granted. President Abraham Lincoln once
noted, “America will never be destroyed from the
outside. If we falter and lose our freedoms, it will be
because we destroyed ourselves.” President Ronald
Reagan reminded us that “Freedom is never more
than one generation away from extinction. We didn’t
pass it to our children in the bloodstream. It must
be fought for, protected, and handed on for them to
do the same.” We obviously owe a great