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Legislation wateronline.com ■ Water Online The Magazine 20 A s the cold snap intensified this winter in West Virginia, chemicals began silently leaking through a small, 1" hole in a steel aboveground storage tank (AST) near Charleston, WV, in early January. From its source, the fluid streamed into the Elk River, part of the water source for the city's public water supply. More than 300,000 residents were affected by the incident, losing access to potable water for almost a month. Following that situation, the West Virginia state leadership finalized a bill in April designed to tighten regulations on aboveground storage tanks and protect public water supplies from possible contamination. The law went into effect in early June, with guidelines exploring the process details released by the West Virginia Department of Environmental Protection (WVDEP) in early July. What Happened? Within the crude fluid that leaked was 4-methylcyclohexane methanol, known as MCHM. The chemical is used to separate, then clean coal products in a process known as froth flotation. Freedom Industries, owner of the storage tank, was acting as a middleman by storing chemicals and then selling them to coal companies for use in their processes. Estimates of the number of gallons released range from 4,000 to 10,000. The aboveground storage tank was about 1.5 miles north of the Charleston water treatment plant, which provides water to parts of nine counties in the southwestern region of West Virginia. Showering, drinking, and cooking with tap water were banned for a few weeks while the treatment plant worked to provide purified water. Where The Incident Led Within a few days, a West Virginia senator introduced Senate Bill 373, outlining steps such as registration, signage, reporting, and inspection for aboveground storage tanks. The bill also contains a section detailing protection of public and private water supplies through expanded reporting of possible contaminants. Both the Senate and the House of Representatives, after adding more than 100 amendments, eventually passed the bill by early March. Governor Earl Tomblin signed it into law April 1, and the statute took effect June 6, 2014. Large Quantity Users The first part of the bill amends the Water Resources Protection and Management Act, originally passed in 2004 and amended in 2008. The act details gathering information on the volume and intended use of surface water and groundwater resources throughout West Virginia. Previous amendments added requirements for water utilities to develop a water resources management plan. This act now maintains that large-quantity users will report monthly water withdrawals for the previous calendar year. The legislature redefined a large- Freedom Industries Fallout: Tightening Water Regulations For Aboveground Storage Tanks Five months after leaked chemicals contaminated the public water supply, West Virginia passed legislation to prevent future tank failures — and perhaps serve as a model for others. By Yves Pollart Cold weather often contributes to deteriorating tank conditions.