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West Virginia Senate Bill 423 Amends Aboveground Storage Tank Act

By: Mark D. Clark, M. Katherine Crockett and David L. Yaussy


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 had been working to educate the public, regulators and legislators about the more burdensome and overreaching provisions of the Act. 

Senate Bill 373 ("SB 373") was originally designed to identify and regulate several hundred aboveground storage tanks ("ASTs") that contained fluids that posed a significant risk to public water supply intakes. However, through the sausage factory otherwise known as the legislative process, SB 373 morphed into legislation that regulated over 48,000 tanks throughout West Virginia, whether or not the tanks were remotely close to public water supply intakes. 

Following nearly a year of intense effort by industry representatives to educate legislators on the unintended consequences of SB 373, coupled with the unanticipated November 2014 election results that led to new legislative leadership in both the West Virginia House of Delegates and Senate, the West Virginia Legislature passed Senate Bill 423 ("SB 423") on March 14, the last day of the 2015 regular session. On March 27, 2015, Governor Tomblin signed the bill into law which will become effective on June 12, 2015.  

Does SB 423 impact the natural gas industry? 

Click here to read the entire article and get all of the details.
In The News
Utica Shale Production Up More Than 18 Percent, Natural Gas Production Up More Than 25 Percent
According to the Ohio Department of Natural Resources, the fourth quarter of 2014 saw an increase in natural gas production. Production from 779 horizontal Utica Shale wells jumped 18.1 percent. Natural gas production increased 25.6 percent. That's a 200 percent increase in oil production and 300 percent increase in natural gas production since 2012-2013. Will 2015 see the same production numbers?

Click here to read the entire Akron Beacon Journal article.
Will LNG Exports Reduce Global GHG Emissions? New Study Says Yes.
A study by Carnegie Mellon University has found that exporting natural gas from the U.S. can help reduce greenhouse gas emissions. The study also found that exports from the U.S. would have lower methane emissions than exports from Russia or Europe. Why the difference with natural gas from the U.S.?

Click here to read the entire Energy In Depth article.
Speaking of Exports - The Chemical Industry Reaping the Benefits 
The American Chemistry Council recently reported that the U.S. shale industry will have a positive impact on manufacturing and the economy. It's expected that gross exports of shale gas derived chemical products will double, trade surplus for selected chemicals will increase, investments by U.S. chemical companies in shale-related projects are up, and the shale "revolution" will provide long-term competitive advantage for chemical manufacturers. 

Click here to read the entire Energy In Depth article.
North Central Pennsylvania and State Forest Lands Could be the Key to Large Reserves of Utica Shale Gas
Seneca Resources has announced the successful completion of a well on state forest land in Tioga County. The test well generated 22.7 million cubic feet of natural gas daily, with expectations of one trillion cubic feet within Seneca's 100,000 acres. With this huge amount of shale gas potential, will the pipeline infrastructure follow?

Click here to read the entire State Impact article.
Featured Shale Team Member
Victoria D. Summerfield
(Pittsburgh)

Ms. Summerfield's primary area of practice is litigation with an emphasis on the oil and gas industry. She represents and counsels exploration & production, midstream, and oilfield service companies related to a wide variety of disputes in state and federal court throughout the Marcellus and Utica shale regions. She is admitted to the Pennsylvania and West Virginia State Bars and the U.S. District Courts for the Western District of Pennsylvania and the Southern District of West Virginia. She received her B.S. in Biochemistry degree and M.S. in Forensic Science & Law degree from Duquesne University. She received her J.D. from the University of Pittsburgh School of Law.

 
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