Monthly Archives: September 2014

Laura Goldfarb speaks to ACEC about the WV Aboveground Storage Tank Act and Proposed Rules

On September 16, 2014, Laura Goldfarb, environmental attorney with Steptoe & Johnson PLLC spoke to the local chapter of the American Council of Engineering Companies about the impact the Aboveground Storage Tank (AST) Act (W. Va. Code § 22-30-1 et seq.) will have on professional engineers and their clients. The AST Act applies to all… Read More »

Update – Pooling & Unitization in Pennsylvania

Pooling for oil and natural gas development was addressed in the latter half of the 20th Century by the Pennsylvania General Assembly in the Oil and Gas Conservation Act of 1961. This law addresses deep wells that penetrate the Onondaga formation which is the formation immediately below the Marcellus Shale. In order to promote the… Read More »

New Studies Find Hydraulic Fracturing Not a Risk to Groundwater

Discussions about the potential for environmental contamination associated with energy exploration and production inevitably lead to agreement on the value of unbiased technical evaluation to expose the truth and provide answers uninfluenced by emotion. Two recent studies by academia indicate that hydraulic fracturing to liberate shale gas does not cause contamination of drinking water aquifers… Read More »

EPA Approves WV SIP Revision

EPA recently approved (on July 21, 2014) the State Implementation Plan (SIP) revision submitted by the State of West Virginia in 2009 after the West Virginia legislature adopted revisions to rule 45CSR13 (Minor Sources) in 2008 to “shorten the time period by which permits for construction and operation may be issued for sources subject to… Read More »

Congress Tries to Reign in US EPA Rulemaking on Waters of the United States

On September 9, 2014, the United States House of Representatives passed H.R. 5078, a bill that would prohibit EPA and the U.S. Army Corps of Engineers from finalizing the Waters of the United States rulemaking that was proposed earlier this year. The bill, which was passed by a vote of 262 to 152, would instead… Read More »

WV Aboveground Storage Tank Act – Interpretative Rule Regarding Initial Inspection, Certification and Spill Prevention Response Plan Requirements

The West Virginia Department of Environmental Protection (WVDEP) filed an interpretive rule with the WV Secretary of State’s office providing  direction for the initial inspection and certification requirements set forth under the Aboveground Storage Tank Act.  The legislation regulating aboveground storage tanks (ASTs) was passed due to the leak at the Freedom Industries chemical storage… Read More »

USEPA Moves Forward with Potential TSCA Rulemaking Regarding Hydraulic Fracturing

The public comment period for USEPA’s Advance Notice of Proposed Rulemaking regarding hydraulic fracturing chemicals and mixtures and potential regulation pursuant to the Toxic Substances Control Act (TSCA) comes to a conclusion on September 18, 2014 and sets the stage for a final decision by the agency as to whether it will move forward with… Read More »

Failed Federal Collaboration: United States Fish and Wildlife Service State Relations

The supplemental comment period for the USFWS proposal to list as endangered the Northern Long Eared Bat (“NLEB”) and to not list the Eastern Small Footed Bat just closed on August 29, 2014. (79 Fed. Reg. 36698, June 30, 2014). The original proposal was published on October 2, 2013. (78 Fed. Reg. 61046). This proposed… Read More »

EPA’s 2012 Primary Annual Fine Particle Designation Identifies Attainment Status for All of West Virginia

EPA’s intends to designate all of West Virginia as being in attainment for the 2012 primary annual fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS). (79 FR 51518). This is significant for industry and business development in West Virginia because, air permitting requirements applicable to the construction of new major sources and major modifications… Read More »