Author Archives: Laura M. Goldfarb

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 »

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 »

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 »

W. V. Legislature Passes H.B. 107

On March 14, 2014, the W.V. Legislature passed H.B. 107, which amended the Solid Waste Management Act (W. Va. Code §§22-15-8 and 22-15-11) to allow for the receipt of additional drilling waste at certain commercial solid waste facilities in excess of the facility’s existing tonnage limit, if certain conditions are met.  The legislation imposes an… Read More »

West Virginia Chamber Comments on the Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources – Electric Utility Generating Units

The West Virginia Chamber of Commerce (the Chamber) provided comments on March 20, 2014, objecting to U.S. Environmental Protection Agency’s proposed new source performance standards relating to emissions of greenhouse gases from coal and natural gas electric generating units (EGU). See proposal, 79 Fed. Reg. 1430 (January 8, 2014).  The Chamber comments focus upon the… Read More »

Air Trends Data Show Air Quality Improvement

Midwest Ozone Group (MOG) recently posted on its website an article by Gregory Stella, Alpine Geophysics, which addresses the improvement in recent regional emissions and air quality trends in the lower 48 states.  This article is available at  MOG has commissioned several technical studies of air quality trends, which identify trends from 1999 through… Read More »

Federal Court Finds Coal Company Liable for Selenium Discharges

In an opinion issued December 19, 2013, Judge Chambers for the U.S. District Court for the Southern District of West Virginia denied defendant Fola Coal Company, LLC (Fola) and granted environmental plaintiffs’ motion for partial summary judgment against Fola, and for declaratory relief as to liability for violating the Federal Water Pollution Control Act (Clean… Read More »

Environmental Protection Agency Finalizes Rule Excluding CO2 Streams From Hazardous Waste Management

U.S. EPA finalized its rule conditionally excluded CO2 streams (which would otherwise be considered hazardous) associated with geologic sequestration (GS) from the Resource Conservation and Recovery Act (RCRA) definition of hazardous waste on December 17, 2013.  The pre-publication notice is available at   (The rule was initially proposed on August 8, 2011.  See, 76 FR… Read More »

Extended Programmatic Permits Available for the Take of Eagles

The United States Department of the Interior Fish and Wildlife Service (Service) recently issued a final rule revising the regulations for permits for take of golden eagles (Aquila chrysaetos) and bald eagles (Haliaeetus leucocephalus) that is associated with, but not the purpose of, an otherwise lawful activity.  78 FR 73704 (Dec. 9, 2013).  Absent a… Read More »

Proposed WVDEP Rule Revisions Will Result in Increase in State Voluntary Remediation Revenues

The West Virginia Department of Environmental Protection (WVDEP) filed legislative rule revisions to 60CSR3, Voluntary Remediation and Redevelopment Rule, with the legislative rule-making review committee on July 26, 2013.  These proposed rules went through public hearing and comment period.  The revisions amend the cost recovery provisions for WVDEP oversight of voluntary remediation program projects and… Read More »