Author Archives: William Chambers

West Virginia Submits Clean Water Act §401 Water Quality Certification Requirements

The West Virginia Department of Environmental Protection (WVDEP) has issued its final Clean Water Act §401 water quality certification (WQC) for Nationwide general permits (NWPs) on April 13, 2017. The WVDEP is required to certify that NWPs do not degrade state water quality through the § 401 WQC.   These §401 conditions must be implemented into… 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 »

Coal Ash Disposal – Coal Combustion Residuals in WV

On October 19, 2015, Disposal of Coal Combustion Residuals from Electric Utilities final rule became effective that regulates the disposal of coal combustion residuals (“CCR”), otherwise known as coal ash, generated from coal-fired power plants. The rule was promulgated under subtitle D of the Resource Conservation and Recovery Act (“RCRA”). Prior to this date, CCR… Read More »

Federal Office of Surface Mining Reclamation and Enforcement Plans to Revise Current Blasting Regulations to Prohibit Visible Nitrogen Oxide Clouds

WildEarth Guardians has petitioned the Federal Office of Surface Mining Reclamation and Enforcement (OSM) to revise the current surface mining blasting regulations to prohibit visible nitrogen oxide clouds during aboveground blasting at coal mining operations. The OSM responded to the petition by publishing in the Federal Register on February 20, 2015 that they will initiate… 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 »

WVDEP Revisions to the De Minimus Table within the Voluntary Remediation & Redevelopment Rule

The West Virginia 2014 Legislative session resulted in approved revisions to the De Minimis table 60-3B in the West Virginia Department of Environmental Protection (WVDEP) Voluntary Remediation & Redevelopment Rule.  The De Minimis table establishes cleanup standards that do not present a substantial risk to human health or ecological receptors and is used for voluntary… Read More »

Recent Study on Methane Gas Emissions Generates Debate

A recently completed study prepared by researchers from Harvard University and seven other institutions reports that methane gas emissions are approximately 1.5 times greater than estimated by the US Environmental Protection Agency (EPA).  The report was published in the Proceedings of the National Academy of Science.  The potential for higher methane emissions could derail some… Read More »