Wednesday, May 28, 2014

WVDEP Launches New Web Site For Aboveground Storage Tanks

West Virginia DEP’s new website for aboveground storage tanks (AST) has gone live and can be found here: http://www.dep.wv.gov/WWE/abovegroundstoragetanks/Pages/default.aspx.  This website has been created to assist the regulated community in complying with the new AST statute passed as part of the sweeping SB373 addressing January’s chemical leak and contamination of drinking water in Charleston, W.Va. 

On the website, WVDEP sets forth important, upcoming deadlines to keep in mind: June 6th – statute becomes effective; June 10th  - registration anticipated to begin; September 1st – deadline for NPDES general permit holders with ASTs within a zone of critical concern to apply for an individual NPDES permit; and October 1st – all ASTs must be registered.  Additional deadlines follow regarding specific requirements of the statute for submission of spill prevention response plans (December 3rd) and inspection and certification of ASTs by qualified persons (January 1, 2015).

The site is still under construction and more information will be added as WVDEP continues the rulemaking process, and policies and forms are drafted for use.  Some of the currently available information incudes copies of the public comments submitted as part of the informal, preliminary rulemaking process (http://www.dep.wv.gov/WWE/abovegroundstoragetanks/Pages/ASTPublicInput.aspx) and an FAQ explaining some of the statute’s requirements (http://www.dep.wv.gov/WWE/abovegroundstoragetanks/Pages/FAQ.aspx).  If you are still unsure as to whether you must register your AST, WVDEP has also prepared a short survey to help answer that question:  https://apps.dep.wv.gov/ast/astsurvey.cfm.

LGCR’s Joseph Jenkins, an environmental and oil and gas attorney, will continue to monitor WVDEP’s rulemaking progress and provide important updates.  In the meantime, should you have any questions please feel free to contact him at jjenkins@lgcr.com or 304-345-2000. 

Wednesday, May 21, 2014

WVDEP Begins Registration, Rule-Making Process For Aboveground Storage Tanks

West Virginia's DEP will begin accepting online registrations for aboveground storage tanks soon after June 6th – the effective date of the new Aboveground Storage Tank Act recently passed by the West Virginia Legislature.  Although registration isn’t required until the Act’s October 1st deadline, WVDEP is wanting to ensure everyone has sufficient time to register.  WVDEP has also started the rule-making process for the new legislation and recently accepted preliminary comments from stakeholders.  A formal commenting period will take place once a draft set of rules is released – likely in mid-July. 

LGCR’s Joseph Jenkins, an environmental and oil and gas attorney, will continue to monitor WVDEP’s rulemaking progress and provide important updates.  In the meantime, should you have any questions please feel free to contact him at jjenkins@lgcr.com or 304-345-2000.

Monday, May 5, 2014

Media Scrutiny Focuses On Deaths Occurring In State's Natural Gas Industry

Provided are recent stories that show heightened media scrutiny of the state's natural gas drilling and production industry:


AP IMPACT: Deadly side effect to fracking boom -
http://www.statejournal.com/story/25431053/ap-impact-deadly-side-effect-to-fracking-boom

Charleston Gazette: Deaths increase in West Virginia oil, gas industry -
http://www.wvgazette.com/article/20140504/GZ01/140509776/1101