WV Farm Bureau Magazine October 2014 | Page 5

Something to Think About Don Michael, WVFB Director of Governmental Affairs Aboveground Storage Tank Act and Late Summer Fun . . . and they are not one in the same! Much discussion and concern continue to be generated over the unintended consequences of the Aboveground Storage Tank (AST) Act. On September 9 DEP’s interpretive rule (related to tank certification and spill prevention response plan requirements) was filed with the Secretary of State’s Office. The four-page rule provides a threelevel approach to inspection – Level 1 AST/high risk, Level 2 AST/lesser risk and Level 3 AST/low risk. The levels are based on potential for harm to public health or the environment due to contents, size or location. Any AST located within a zone of critical concern, wellhead protection area or groundwater intake area under the influence of surface water will be considered Level 1, as will any AST with a capacity of 50,000 gallons or more (regardless of location or contents). Certified inspection will be required for Level 1 ASTs. Inspection will be required on Level 2 and 3 ASTs, but it may be done by certified inspectors or the owner or operator of the AST or their designee. For additional details regarding initial inspection, certification and spill prevention requirements go to the DEP website – www.dep.wv.gov (Scroll down and click on Implementation of the Aboveground Storage Tank Act.). The rule was on comment for 30 days with a public hearing held on October 9. Farm Bureau and other concerned parties were invited by DEP Secretary Huffman to a stakeholders’ work session on October 1 to discuss/offer suggestions on the initial “rough” draft of the 79-page emergency rule for the Aboveground Storage Tank Program. The emergency rule is available on DEP’s website. Per a September 18 DEP news release, any members of the public desiring to offer suggestions on ways to improve the rule can email those comments, by October 24, to WVDEPtankrules@ wv.gov or mail to WV DEP – Public Information Office, AST Emergency Rule Comments, 601 57th Street SE, Charleston WV 25304. Stay tuned for updates on the interpretive and legislative rules that will provide the regulatory framework for the Aboveground Storage Tank Program. There are certainly many unanswered questions and potential unintended consequences that loom on the horizon – fee schedules, farm data becoming public information with bioterrorist implications, etc. The WV Department of Agriculture is actively involved in providing assistance to the farm community relative to AST questions. The lead contact is Bob Tabb ([email protected] or 304-229-5828). As summer was winding down my wife and I participated in a number of activities filled with the richest of blessings – Homecomings and Reunions, Farm Bureau Annual Meetings and Meet the Candidate Events, chasing classic rock music at Fairs and Festivals, etc. Each event provided opportunities for learning, sharing, renewing acquaintances and meeting new friends . . . and of course, great food! These types of events don’t garner front page news, but they offer a snapshot of what is right with our nation. Obviously none of these activities would be possible without the freedoms we enjoy in America, freedoms too many take for granted. President Abraham Lincoln once noted, “America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.” President Ronald Reagan reminded us that “Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.” We obviously owe a great