The West Virginia Department of Environmental Protection (WV DEP) has decided not to file an emergency rule to implement the provisions of Senate Bill 373, the Aboveground Storage Tank Act that was passed by the Legislature following the Elk River Chemical Spill in January. The agency will modify the currently proposed emergency rule and file it as a “normal” rule for consideration by the Legislature during the 2015 Regular Session. Once filed as a normal rule, there will be another public comment period and public hearing held on the proposal. If filed as an emergency rule, the regulations would become effective upon certification by the Secretary of State and be operative as the Legislature considers revisions to the statute. WV DEP’s interpretive rule http://www.dep.wv.gov/WWE/abovegroundstoragetanks/Documents/20141020DRAFTInterpretiveRuleRevBasedonCommentsKABfinal.pdf will be the only effective rule while the Legislature considers revisions to Senate Bill 373.
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