Javaneh Nekoomaram: In response to the Jan. 9 Elk River spill in West Virginia, legislators in the U.S. Senate and West Virginia State Legislature have introduced bills that would impose new regulations to oversee and inspect chemical facilities that present a possible threat to sources of drinking water.
U.S. Sen. Joe Manchin (D-WV) introduced the Chemical Safety and Drinking Water Act of 2014, or S. 1961, earlier this month. The bill would establish programs under the Safe Drinking Water Act to include minimum standards for the chemical facility storage tanks. These standards are similar to the existing Oil Pollution Prevention standards; however, the storage of “non-oil” chemicals would now be regulated. The bill’s text may be found at http://www.manchin.senate.gov/public/index.cfm/files/serve?File_id=9ce5d0d4-af36-46d4-a88b-280c681b08cc&SK=CFA7F13D2C630E5ADB184B97C7049C0B.In the West Virginia State Legislature, a bill has been introduced that is intended to implement an above-ground storage tank regulation program in the state. The measure is supported by Gov. Earl RayTomblin (D), Senate President Jeff Kessler (D), and House Speaker Tim Miley (D). The bill’s text may be found athttp://www.governor.wv.gov/media/pressreleases/2014/Documents/20140120172923384.pdf.
Both bills would impose storage tanks construction standards, leak detection, overfill requirements, emergency response and communication plans, notification requirements, and facility inspection requirements. It is difficult to assess the impact of these bills on the coatings industry, since many of the details would be resolved in future regulations. However, the following are just some of the issues to consider.