Existing tanks get nine months before new water-zone rules apply

Existing tanks receive a waiting period before a newly designated water protection zone triggers its tank classification and related rules. The wait covers existing aboveground tanks entering level 1 because of a critical zone or level 2 because of a peripheral zone. The area must become a critical or peripheral water protection zone on or after July 1, 2026. Written notice must be sent to the owner or operator by certified or electronic mail. The nine-month wait runs from the sending of written notice to the tank owner or operator.

The law places certain tanks holding only brine, or salty water, from oil or gas storage or production in level 2, a tank oversight category. These rules cover tanks near protected public water sources, including groundwater protection areas and critical or peripheral stream zones. Tanks in critical zones or the specified groundwater protection areas must hold only brine from oil or gas storage or production and have a capacity of 10,000 gallons or less. Brine-only tanks in peripheral zones must have a capacity greater than 210 barrels and no more than 10,000 gallons.

The law exempts certain smaller tanks from most aboveground tank requirements while keeping registration, notice, and sign requirements. The permitted-site exception covers tanks within a permit issued under §22-3-1 and following sections and certified under §22-12-8. Tanks holding brine or other fluids from oil or gas storage or production must have a capacity of 210 barrels or less and be outside a critical water protection zone. Tanks holding sodium chloride or calcium chloride water for treating roads before snow or ice must have a capacity of 10,000 gallons or less and be outside a critical water protection zone. The permitted-site exception requires a capacity of 10,000 gallons or less, a location outside a critical water protection zone, and no substances covered by the law’s hazardous-substance category.

The West Virginia Department of Environmental Protection must allow remote tools that examine tanks without damaging them during required periodic physical inspections. The provision covers tanks that require periodic physical inspections under the aboveground storage tank law. The tools may be used in connection with required periodic physical inspections to reduce human entry into confined spaces as much as possible. The law took effect June 11, 2026.