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Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included...more

West Virginia Aboveground Storage Tank Act Becomes Effective

On August 1, 2016, the legislative rule promulgated to implement the Aboveground Storage Tank Act became effective. The Rule is 63 pages long and contains detailed requirements for registering, designing, installing,...more

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more

W.Va. Senate Bill 423 Amends Aboveground Storage Tank Act

Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the “AST Act” or “Act”), W. Va. Code §§ 22-30-1 et seq., representatives of the industries most impacted by the expansive and detailed AST Act...more

AST Act Update: Statutory Amendment Introduced

On February 3, 2015, House Bill 2574 ("HB 2574") was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act...more

WVDEP Files Proposed Legislative Rule Implementing AST Act

In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, on December 22, 2014, the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia...more

Meet Your Deadlines: West Virginia AST Act Challenges

In This Presentation: - How We Got Here - Aboveground Storage Tank Act - Key Definitions - Key Elements - Upcoming Deadlines - AST Registration Stats - Interpretive Rule (47 CSR 62) -...more

Meet Your Deadlines: West Virginia AST Act Challenges [Video]

Although the W.Va. Aboveground Storage Tank Act, enacted this spring, is comprehensive in its scope—imposing new requirements for registration, permitting, inspection and certification, notice, spill response planning and...more

WVDEP Adopts Modified Aboveground Storage Tank Interpretive Rule

In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, yesterday afternoon the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia...more

Aboveground Storage Tanks: New Interpretive Rule and Draft Emergency Rule

By the time you are reading this, the October 1 deadline to register all aboveground storage tanks (“ASTs”) in West Virginia has passed, and the world is still turning. If you have not yet registered your ASTs, it is still a...more

The Shale Play Today - October 2014

In This Issue: - West Virginia Aboveground Storage Tank Act Interpretive Rule Filed and Emergency Rule Out for Comment: The Aboveground Storage Tank Act was enacted in response to the January 9, 2014 spill that...more

Aboveground Storage Tank Act Rough Draft Emergency Rule Out for Comment

Late Thursday afternoon, the West Virginia Department of Environmental Protection (“DEP”) published on its website what it characterizes as a “rough draft” of its forthcoming emergency rule (the “Draft Rule”), which is 79...more

Aboveground Storage Tank Act Interpretive Rule

This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent...more

Comprehensive Summary Of Final Senate Bill 373

On Saturday evening, March 8, after intense work and consideration of perhaps 100 or more amendments, the West Virginia Legislature passed Senate Bill 373 ("SB 373"), which establishes sweeping new regulatory programs that...more

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