News and Analysis
OMA Works to Improve Paint Waste Regulations
May 11, 2012The OMAstaff has participated in recent discussions with Ohio EPA regarding the classification of paint and paint-related wastes. Multiple OMA members have suggested that reclassifying paint and paint-related wastes as “universal waste,” rather than “hazardous waste,” as Texas has done with U.S. EPA approval, would improve the regulatory climate in Ohio.
These wastes are generally recycled in an industrial setting; reclassifying this waste would improve the recycling options for the consumer sector and improve the regulatory environment for the industrial sector. The administration has signaled that this change should go through the Common Sense Initiative process, a process designed to identify and implement regulatory improvements. Contact Kevin Schmidt at the OMA to learn more.
Truce Reached on the Great Lakes Compact
April 20, 2012The governor's office reached an agreement with the legislature and the business community this week on the Great Lakes Compact (Compact). The Compact is a new regulatory scheme meant to protect the Great Lakes water resource from being shipped outside of the region. The governor, in a surprise move, last year vetoed legislation that would have implemented the Compact in Ohio.
A press release from the governor's office this week noted "The bill [House Bill 473] provides tough protections for Lake Erie and its tributary streams, complies with or exceeds the Compact, and is consistent with actions taken by other Great Lakes states and provinces named in the Compact."
It is expected that environmentalists will push for changes to the legislation; however, with the administration on board it is likely the bill will pass without additional modifications.
U.S. Supreme Court Sides With Regulated Community
March 30, 2012In a recent decision (Sackett v. EPA) the U.S. Supreme Court unanimously ruled that property owners have a right to judicial review of U.S. EPA orders, a right until now unavailable. The National Association of Manufacturers (NAM) filed an amicus brief in this case and stated: “EPA orders such as this one essentially coerce alleged violators into compliance, denying due process.”
This decision is important for manufacturers because it allows companies that may be facing unreasonable and unsupportable enforcement actions the option of judicial review before incurring penalties.
OMA environmental counsel Bricker & Eckler LLP has put together a summary of this important decision.
Ohio Shale Energy 2012 Conference to be Held in Cambridge on April 11
March 30, 2012To help local businesses discover opportunities in the shale supply chain, Ohio University and its partners are hosting a regional event for businesses interested in becoming suppliers to the shale energy industry in Ohio.
“This event will provide insight for small and large businesses about what it takes to get your foot in the door of the oil and gas industry,” said Jo Sexton, president of the Cambridge Area Chamber of Commerce. “We have a mix of industry experts and local experience that promises to be valuable for all attendees interested in entering the supply chain.”
Keynote speaker Michael Levett, senior director and vice board chair for CDC Development Solutions (CDS), will focus on what it takes to grow a successful industry in Ohio that benefits the state.
Attendees will be entered into the Ohio Shale Supply Chain Database.
For additional information and to pre-register for the conference, visit www.ohioshaleenergy.com.
Chemical Reduction Program and Assistance from Ohio EPA
March 30, 2012Ohio EPA reports that it is seeking partnerships with Ohio industries for the 2025 Safer Chemistry Challenge Program (SCCP), a new voluntary initiative of the National Pollution Prevention Roundtable. The goal is to reduce the use of selected chemicals by 25 percent by 2025.
The challenge is designed to encourage industry to reduce the use of chemicals through source reduction measures, including making changes in production processes or adopting new technologies, using cleaner processes that avoid use or generation of toxic chemicals and changing raw materials to include low toxicity materials that degrade into harmless substances in the environment.
Ohio EPA’s Office of Compliance Assistance and Pollution Prevention (OCAPP), the non-regulatory arm of Ohio EPA, is available to advise and offer technical assistance toward finding and implementing chemical reduction initiatives.
The chemicals of high national concern include heavy metals such as lead, mercury and chromium, and other common industrial chemicals such as perchloroethylene, phthalates and formaldehyde. However, participating companies target chemicals based on their own priorities.
Go here for details or call OCAPP at (614) 644-3469 or (800) 329-7518.
Top Experts Speak on Greenhouse Gas Reporting
March 16, 2012Last week a panel of Ohio and national experts participated in a webinar hosted by the Ohio University Voinovich School of Leadership and Public Affairs: “U.S. EPA’s Greenhouse Gas Reporting (GHG): Navigating the Process and Understanding the Impacts – Part II.”
The purpose of the session, second in the series, was to explore how the U.S. EPA GHG reporting program is affecting Ohio companies. Program PowerPoint presentations are linked as follows: Kevin Crist, Director, Center for Air Quality, Ohio University, Bob Hodanbosi, Chief, Division of Air Pollution Control, Ohio EPA, Sean Hogan, Senior Analyst, U.S. EPA Greenhouse Gas Reporting Program/Office of Atmospheric Programs, and Andrew D. Shroads, QEP, Senior Air Quality Specialist/Regional Director, Sanford Cohen & Associates, Inc.
The session was moderated by Michael Zimmer, Executive in Residence, Ohio University Voinovich School of Leadership and Public Affairs.
Industry Wins Legal Challenge
March 09, 2012The Environmental Review and Appeals Commission recently issued a ruling on an appeal to legislation that improved the air permitting process at Ohio EPA. Supported by the OMA, Senate Bill 265 passed in 2006; it clarified permit requirements and improved consistency throughout the district offices.
The Sierra Club appealed the rules. The OMA intervened in the appeal to defend the law.
A summary of the ERAC ruling can be found here. This is a victory for science-based standards and common sense regulations.
Great Lakes Compact Still Undecided
March 09, 2012With the legislature set to make its second try (House Bill 473) at passing enabling legislation for the state to sign on to the Great Lakes Compact, the governor’s office is still not on board. Kasich spokesman Scott Milburn noted that there are issues to be discussed before the legislation will receive the support of the administration.
A top issue yet to be resolved apparently is how “high quality streams” will be handled. The legislation as it stands now uses a 90-day average to measure the water withdrawals from these types of water sources. Some parties are working to remove this averaging. Media coverage can be found here.
Opportunity to Shape Renovation of Solid Waste Law
March 02, 2012Ohio EPA has initiated a detailed review of Ohio’s comprehensive solid waste law, frequently referred to as House Bill (H.B.) 592 and is inviting interested parties to participate in the process.
A kickoff webinar will take place on Friday, March 9 from 10:00 a.m. – noon.
H.B. 592, passed in 1988, still serves as the foundation for Ohio’s current solid waste management system, including the design and operation of solid waste landfills, the existence and makeup of Solid Waste Management Districts (SWMDs), the State Solid Waste Management Plan, and solid waste fees. In the 20 years since passage of H.B. 592, the landscape of solid waste management has changed and Ohio EPA believes that it’s time to evaluate the law for improvement opportunities. Thus, stakeholder involvement is critical.
Ohio EPA has designed an open and inclusive review process, beginning with this launch webinar. The agency will be seeking the opinions of interested parties from the local, state and national level. The process will include informal information gathering, open discussion and meetings, research and an eventual legislative initiative. Ohio EPA will maintain a web site dedicated to this review to inform interested parties and the public.
If you are unable to attend the webinar, but would like to know more about the process or meet with Ohio EPA on the topic, please email Christopher Germain or call (614) 728-5371.
Act on this Opportunity to Modify Harmful Boiler MACT Rule
March 02, 2012In March 2011, the U. S. EPA finalized a rule, commonly known as Boiler MACT, that would create unreasonable emissions limits on industrial and commercial boilers and process heaters. Due to significant regulated community concerns, the EPA stayed implementation.
On January 9, the D.C. District Court struck down the EPA’s stay, creating uncertainty for manufacturers as they work to either install new boilers or retrofit existing units.
The National Association of Manufacturers (NAM) is calling for manufacturers to contact their senators to urge support for the EPA Regulatory Relief Act as an amendment to the Senate transportation bill. This amendment, already passed by the House, gives federal regulators additional time to develop achievable rules governing emissions from industrial, commercial and institutional boilers and incinerators.
Access NAM resources here.
Extended Producer Liability Legislation Gets Second Hearing
February 17, 2012Senator Peggy Lehner’s (R-Kettering) bill, Senate Bill 253, received a second hearing this week in the Senate. This legislation would create post-consumer recycling liability for manufacturers of certain electronic products. Additionally, the measure allows an advisory council to recommend other products for inclusion in the mandate.
Tracey Freeman, testifying on behalf of the Ohio EPA, supported the measure, noting that it could be strengthened by adding performance standards. Dell Computers has also testified in support of the legislation.
The OMA delivered a letter to the sponsor and chairman of the committee last week to communicate opposition to this mandate.
OMA Urges Congress to Stay Boiler MACT Rules
February 10, 2012A broad coalition of business groups, including the OMA, delivered a letter to Congress this week urging members to pass the EPA Regulatory Relief Act. The legislation would stay all four "Boiler MACT" rules, give the EPA an additional 15 months to reconsider the rules, require the agency to develop achievable standards, and extend the compliance time frame for existing boilers from three to five years. The legislation passed the House in October last year; the Senate companion bill currently has 41 co-sponsors, 12 of which are Democrats.
Contact members of Congress to urge support for the measure. Resources from the National Association of Manufacturers can be found here.
Ohio EPA Refiles Water Rule Package
February 03, 2012At the urging of the OMA and other business groups, Ohio EPA recently refiled a package of water regulations so that the rules are within the jurisdiction of Governor Kasich's newly enacted Common Sense Inititive (CSI). The CSI program requires agencies to file a "business impact analysis." The proposed rules include new state water quality standards and clarify requirements currently in place.
Please make time to participate in the OMA's Environment Committee on February 9th to learn more about this important regulatory development. Brian Hall, assistant chief of the Ohio EPA Division of Surface Water, will be on hand to brief the committee on H2O matters.
Environmentalists Win Boiler MACT Case
January 13, 2012The Sierra Club convinced the D.C. circuit court this week to strike down U.S. EPA’s stay of the highly controversial Boiler MACT rule (Maximum Achievable Control Technology). Last year U.S. EPA was forced to promulgate the Boiler MACT rule due to litigation by environmental groups. U.S. EPA received more than 4800 comments on the rule and opted to issue it but immediately delay, or stay, its effectiveness.
While U.S. EPA is still interpreting the court’s decision, the court decision could mean owners and operators of larger boilers will need to install the new control technology by March of 2014 and smaller boilers will need to comply with the new best practices standard by March of this year.
The OMA has opposed this rule since its inception. The U.S. House of Representatives passed legislation that would provide a clearer and more reasonable implementation path.
Extended Producer Liability Legislation Back
January 13, 2012Senator Peggy Lehner (R-Kettering) provided sponsor testimony on Senate Bill 253 this week which would create a new take-back mandate for computer and “e-waste” manufacturers. The OMA opposes extended producer liability legislation; manufacturers are already the largest recyclers in society and the private market has a number of recycling options in place.
The bill contains a particularly troublesome provision that creates a new advisory council with a host of duties, one of which is to recommend other products for inclusion in the take-back mandate. This Trojan horse has been used in other states.
Will We See Federal Legislation Setting a Clean Energy Standard?
January 02, 2012A Clean Energy Standard (CES) is a policy that requires covered electricity retailers to supply a specified share of their electricity sales from qualifying clean energy resources. Under a CES, electric generators would be granted clean energy credits for every megawatthour (MWh) of electricity they produce using qualifying energy sources. Utilities serving retail customers would use some combination of credits granted to their own generation or credits acquired in trade from other generators to meet CES obligations. From OMA Connections Partner, Taft Stettinius & Hollister LLP.
