Ken Kirk, P.G.


5 EPA Brownfield Grants to 4 KY Projects

Ken Kirk, P.G.

According to a U.S. Environmental Protection Agency (US EPA) news release dated May 31, 2017, EPA has approved five grants for projects in four Kentucky communities to be used for brownfield assessments and cleanups. The grants total $900,000 and will be used to assist the communities develop vacant or underutilized Brownfield properties and to encourage […]


USEPA Reconsiders Provisions in Oil & Natural Gas Sector NSPS

Ken Kirk, P.G.

On April 18, 2017, Scott Pruitt, Administrator of the US EPA, responded to several petitions submitted by the American Petroleum Institute, Texas Oil and Gas Association, Independent Associations and GPA Midstream Association dated August 2, 2016 requesting reconsideration of provisions in USEPA’s Oil and Natural Gas Sector NSPS: Emission Standards for New, Reconstructed and Modified […]


United States Environmental Protection Agency 2016 Annual Enforcement Report

Ken Kirk, P.G.

According to its 2016 annual enforcement report, the United States Environmental Protection Agency (USEPA) collected approximately $6 billion in combined federal administrative, civil judicial penalties and criminal fines during Fiscal Year 2016.  It also secured investments by companies to spend more than $13.7 billion in actions and equipment to control pollution.  This represents a significant […]


Control Techniques Guidelines (CTG) for the Oil and Natural Gas Industry

Ken Kirk, P.G.

On Oct. 20, 2016, U.S. Environmental Protection Agency (EPA) issued guidelines for reducing volatile organic compound (VOC) emissions from existing oil and natural gas equipment.   These guidelines are referred to as “Control Techniques Guidelines (CTG) for the Oil and Natural Gas Industry“.  EPA states “CTGs are not regulations and do not impose legal requirements on […]


Vapor Intrusion – Revisions to the Superfund National Priorities List – Hazard Ranking System

Ken Kirk, P.G.

The United States Environmental Protection Agency’s (USEPA’s) final rule to add vapor intrusion to the Superfund listing criteria was submitted to the White House Office of Management and Budget for review on September 2, 2016.  The rule would make vapor intrusion a component of the Hazard Ranking System (HRS) used to evaluate sites eligible for […]


Property Owners – Beware of Formally Cleaned Closed Sites

Ken Kirk, P.G.

In April 2016, the Massachusetts Department of Environmental Protection (MassDEP) Bureau of Waste Site Cleanup (BWSC) announced they intended to screen approximately 1,000 closed sites with known trichloroethylene contamination to assess if TCE concentrations at these sites posed an imminent health risk based on a new understanding of health risks.  This assessment included sites that […]


WVDEP Aboveground Storage Tank Rule effective August 1, 2016

Ken Kirk, P.G.

On June 27, 2016, the WV Legislature approved three legislative rules implementing the West Virginia AST Act.  These Rules are listed below: The  Aboveground Storage Tank Rule, 47 C.S.R. 63 (“AST Rule”); Rule Governing Aboveground Storage Tank Fee Assessments, 47 C.S.R. 64 (“Fee Rule”); and “Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment,” 47 […]


Kentucky Senate Considers ending State Mine Safety Inspection for Underground Coal Mines

Ken Kirk, P.G.

Under Senate bill 297 filed earlier this month, the state of Kentucky would stop inspecting coal mines for safety violations leaving the job to up to federal inspectors.  Currently Federal regulations require four safety inspections per year in underground coal mines. Kentucky regulations require six more annual safety inspections at underground mines. ( http://www.coalage.com/news/latest/5060-kentucky-may-cut-state-mine-inspection-requirement.html#.VugXiuIrJwp) The […]


Proposed Rule for the Addition of a Subsurface Intrusion Component to the Superfund Hazard Ranking System

Ken Kirk, P.G.

On February 29, 2016, USEPA issued a proposed rule to add a subsurface vapor intrusion component to the Superfund Hazard Ranking System (“HRS”).  The HRS is the principal mechanism EPA uses to evaluate sites for placement on the National Priorities List (NPL).  The National Priorities List (NPL) is the list of national priorities among the […]


USEPA Accused of Its ‘Covert Propaganda’ Violating Federal Law

Ken Kirk, P.G.

According to a December 15, 2015 Government Accountability Office (GAO) ruling,  the United States Environmental Protection Agency (USEPA) broke the law when it used “covert propaganda” on social media to support the controversial “Waters of the United States” rules pushed by President Obama.  The ruling signed by  GAO General Counsel Susan Poling concluded that, “The […]