News & Analysis as of

Storage Tanks Hazardous Substances

Roetzel & Andress

Ohio Appellate Court Holds Hazardous Material Transportation Act Does Not Preempt Ohio Products Liability Act

Roetzel & Andress on

On February 5, 2024, an Ohio appellate court issued a decision that will permit plaintiffs in products liability actions to bring state law claims for injuries caused by defective products used in the transfer and storage of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Pennsylvania Chemical Production Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Sasol Chemicals (USA) LLC (“Sasol”) entered into a June 23rd Consent Agreement (“CA”) addressing an alleged violation of the Comprehensive Environmental Response,...more

Williams Mullen

Containment Area Releases and the Limits of CERCLA Release Reporting Obligations

Williams Mullen on

Manufacturing facilities commonly store various chemical substances in aboveground storage tanks. Most facilities ensure chemical storage areas are equipped with proper secondary containment measures to prevent releases of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transporting Skid Tanks: Mark Morgan (PMAA Weekly Review) Addresses Hazardous Materials Regulations Issues

Mark S. Morgan authored an article in the December 13th Petroleum Marketers Association of America (“PMAA”) publication, PMAA Weekly Review titled: U.S. DOT hazardous Material Requirements for Transporting “Empty” Skid...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Cargo Tank Marking/Placarding/Hazardous Materials Regulations: U.S. Pipeline and Hazardous Materials Safety Administration...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a February 7th letter a request for clarification of the Hazardous Materials Regulations (“HMR“) applicable to marketing and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

SPCC Regulations/Clean Water Act: U.S. Environmental Protection Agency Proposal Declining Applicability to Hazardous Substances

The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Salt Transloading Facility: Court Addresses Whether Local Ordinance is Preempted by Federal Statute

A United States District Court addressed in a December 7th opinion whether the Interstate Commerce Commission Termination Act (“Act”) preempted a Vermont town’s ordinance regulating a salt transloading facility. See Vermont...more

Tonkon Torp LLP

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Spilman Thomas & Battle, PLLC

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

Beveridge & Diamond PC

New York State Department of Environmental Conservation Revises Regulations Governing Bulk Storage Tanks

Beveridge & Diamond PC on

The New York State Department of Environmental Conservation (NYSDEC) issued revised regulations, effective October 11, 2015, governing the management and bulk storage of petroleum and hazardous substances. Corresponding...more

Spilman Thomas & Battle, PLLC

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

Bergeson & Campbell, P.C.

Increased Crude Oil Rail Shipments Drive Boost in Funding for DOT HazMat Programs

By a vote of 29-1, on June 5, 2014, the Senate Appropriations Committee passed legislation (S. 2438) funding fiscal year (FY) 2015 activities for the U.S. Department of Transportation (DOT). DOT’s programs for crude oil and...more

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