WV Regulators Struggle To Explain 20+ Exemptions For Chemical Tanks In New "Safety" Bill

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Department of Environmental Protection officials struggled at times to explain the reasons for some of the exemptions, even though the exemptions generally mirror those contained in Gov. Earl Ray Tomblin's bill. DEP officials also conceded that, while other state programs cover some of the tank facilities targeted for exemption, those other programs don't necessarily mandate the same inspections the new bill would require for the above-ground chemical tanks it would cover.

Kristin Boggs, the DEP's general counsel, said she and a large contingent of other agency officials didn't attend the afternoon House Judiciary Committee meeting to advocate for the exemptions. "I can't defend or justify," Boggs said. "We're happy to explain what these exemptions mean. We aren't here to defend the exemptions."

Judiciary Committee members were reviewing a Senate-passed version of the chemical tank bill that was modified Wednesday by the House Health Committee. Before it reaches the floor, the bill also has to make it through the House Finance Committee.

Judiciary Chairman Tim Manchin, D-Marion, scheduled a herd of various DEP officials to appear before lawmakers to explain the purpose of language exempting a wide variety of storage tanks from DEP permitting and inspection requirements. The Senate-passed version is similar to Tomblin's bill, which also contained a long list of exemptions. The governor's list was very similar to exemptions proposed by lawyers and lobbyists following an industry-only meeting the Governor's Office hosted before the legislation was introduced.

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http://www.wvgazette.com/News/201402130161