Category Archives: General

Environmentalism and Financial Risk – The New Battlefront

While environmental activists continue to challenge federal and state governments and agencies over their control and regulation of fossil fuels – particularly any actions they perceive as lessening restrictions on the development and use of fossil fuels – other tactics are becoming favored options – hitting the industry in the pocketbook.   These tactics include: Persuading… Read More »

Workplace Drug Testing: What’s Reasonableness Got to Do With It?

On October 19, 2016, OSHA issued a letter of interpretation to clarify certain provisions 29 C.F.R. §§1904.35(b)(1)(i) and (iv) recently amended by the “Improve Tracking of Workplace Injuries and Illnesses” rule (hereinafter “the rule” or “OSHA’s rule”). OSHA’s rule requires employers to ensure “a reasonable procedure” for employees to report workplace injuries that does not… Read More »

Enhancing Chemical Safety and Environmental Performance Workshop

Dean Cordle, President and CEO of AC&S, Inc., Chair of the WV Chemical Industry Committee of the WVMA and Board Member of the American Chemistry Council has worked to organize a workshop titled, “Enhancing Chemical Safety and Environmental Performance.”  This workshop is jointly sponsored by the American Chemistry Council, WV Manufacturers Association and the National… Read More »

EPA Releases National Chronic Aquatic Life Water Quality Criterion for Selenium – But Environmental Groups are Unsatisfied

Selenium discharges from coal mines in West Virginia and other states have been the subject of contentious and expensive litigation, regulatory enforcement and EPA permit objections for over a decade, including stringent effluent limitations in NPDES permits and agency- or judicially-mandated construction of sometimes multi-million-dollar selenium treatment systems.1  The basis for the water quality criteria… Read More »

West Virginia Department of Environmental Protection 2016 Rules Update

In an unusual turn of events, the West Virginia Department of Environmental Protection’s (“WVDEP”) rules package for the 2016 legislative session did not gain legislative approval during the 2016 regular session.  Instead, the rules were added to the Governor’s call for the special session held earlier this month. During the special session, the issue that… Read More »

Concentrated Solar Plants – A Ray of Light for Renewable Power?

Proponents of the development of renewable energy sources have struggled to address the challenge of many renewable energy sources. How do you make electricity when the wind does not blow or the sun does not shine?   Many have hoped that innovations in batteries or other large scale power storage systems could provide the answer and… Read More »

Technical Guide for Addressing Petroleum Vapor Intrusion at Leaking Underground Storage Tank Sites

The United States Environmental Protection Agency (“EPA”) has issued their long awaited guidance for petroleum vapor intrusion related to leaking underground storage tank (“UST”) sites. Authorized regulatory decision-makers (i.e., state agencies, tribal governments, etc. with authority to regulate leaking UST (LUST) sites) retain the discretion to oversee/accept protocols for addressing petroleum vapor intrusion (“PVI”) into… Read More »

EPA Ordered to Promulgate Hazardous Substance Spill Prevention Regulations

On February 16, 2016, the Environmental Protection Agency (“EPA”) and the Environmental Justice Health Alliance for Chemical Policy Reform, Natural Resources Defense Council, and other environmental groups, entered into a Consent Decree that requires the EPA to issue proposed regulations “establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of hazardous-substances… Read More »

Combined Timelines for CCR and ELG for Steam Electric Power Sector

During a recent webinar, the question was raised, what is the combined time line for the Coal Combustion Residual Rule and the Effluent Guidelines for the Stream Electric Power Sector.  It seemed an easy question, but the answer was not ready at my finger tips.  The underlying question really asks when do current impoundments and… Read More »

USEPA Enjoined From Enforcing New WOTUS Rule

Following a decision by a district court in North Dakota to stay the effectiveness of USEPA’s new rules re-defining the “waters of the United States” in thirteen states – the United States Circuit Court of Appeals for the Sixth Circuit has now issued a stay effective nationwide, blocking implementation of the rule by USEPA and… Read More »