The bill continues a decade-long erosion of the Aboveground Storage Tank Act, enacted after a 2014 chemical spill along the Elk River cut off tap water for nearly 300,000 residents in the Charleston area. Only about 11 percent of the more than 46,000 tanks originally registered under that law remain regulated under state law.
The West Virginia Senate passed legislation on March 5, 2026, to loosen inspection requirements for certain aboveground storage tanks used by the oil and gas industry, a move that environmental advocates said could increase risks to the state’s drinking water supplies.
The bill would exempt tanks with a capacity of 210 barrels or less that store brine water or other oil and gas production fluids from mandatory monitoring and inspection requirements, as long as the tanks are not in designated zones of critical concern for public drinking water. It would also allow owners of some tanks located in those critical zones to conduct their own inspections rather than hiring independent third parties.
The legislation continues a decade-long erosion of the Aboveground Storage Tank Act, enacted in 2014 after a chemical spill from Freedom Industries along the Elk River contaminated tap water for nearly 300,000 residents in the Charleston area. Thousands of tanks have been exempted from the law’s requirements in the years since; only about 11 percent of the more than 46,000 tanks originally registered statewide remain regulated under state law.
Sen. Chris Rose, R-Monongalia, the bill’s lead sponsor, said the measure delivers regulatory relief for small operators.
“This is regulatory relief for small mom-and-pop gas producers in the state who are barely getting by because we keep piling on regulations every time one’s not followed,” Rose said.
During floor debate, Sen. Mike Woelfel, D-Cabell, asked Rose whether tanks exempted under the bill could contain hazardous chemicals such as benzene or radium. Rose said, “Some of them will.” Exposure to those chemicals can cause cancer as well as kidney, liver, and blood pressure problems.
The WV Rivers Coalition, an environmental advocacy group, noted that oil and gas waste tanks typically hold a mixture of produced water, crude oil, and petroleum products that often contain toxic substances — not only brine, as the bill’s framing suggested.
Sen. Joey Garcia, D-Marion, offered an amendment that would have more precisely defined which fluids could be stored in tanks qualifying for the exemption.
“I think it’s important that we keep good regulations that protect our drinking water,” Garcia said. “There are very few things more important than that.”
The Senate overwhelmingly rejected the amendment before passing the bill. Seven Republican senators joined Democrats in voting against the final measure.
Rebecca McPhail, president-elect of the Gas and Oil Association of West Virginia, said the legislation preserves environmental protections while clarifying regulatory requirements.
“Senate Bill 641 enhances regulatory efficiency and supports responsible energy development across West Virginia,” McPhail said.
Terry Fletcher, a spokesperson for the West Virginia Department of Environmental Protection, said the agency is closely monitoring the bill’s progress and will implement any provisions required by law.