On February 3, 2015, House Bill 2574 ("HB 2574") was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act (the "AST Act") during the 2014 regular session of the Legislature immediately following the contamination of the Elk River from Freedom Industries, Inc.'s tank farm near the intake of West Virginia American Water Company's Charleston, West Virginia facility.

The primary modification of the AST Act in HB 2574 is the definition of "aboveground storage tank" ("AST"). The proposed definition focuses on those tanks that involve a higher risk of contaminating the intake of a public water utility based on location and quantity. Thus, instead of imposing a new regulatory program on more than 48,000 tanks, the amended definition would include a more manageable and relevant number of fewer than 10,000 tanks.

Click here to read more about these changes.