News and Analysis
Ohio EPA has opened registration for its Universal Waste webinar on September 27.
This webinar will provide an overview of the recently updated rules that govern the management and disposal of universal wastes.
The webinar will be helpful to small and large quantity handlers of universal wastes as well as to transporters and permitted hazardous waste facilities. 8/3/2017
The budget dust had settled. The governor’s veto pen was back in its drawer. And the provision making alternative daily cover (ADC) more affordable had survived.
ADC is cover material, other than earthen material, placed on the surface of a solid waste landfill at the end of each operating day.
Prior to passage of the state budget bill, ADC which is typically defined as solid waste, had a variety of fees associated with its use. The budget expanded the affordability of using approved ADC by excluding ADC from local and state fees.
You can read more about this beneficial change for manufacturers in this memo from OMA environmental counsel, Bricker & Eckler. 7/20/2017
From OMA Connections Partner, Squire Pattton Boggs: “On June 22, 2017, as required by the amended Toxic Substances Control Act (TSCA), the US Environmental Protection Agency issued its rule to “reset” the TSCA Inventory. The rule requires every chemical manufacturer and importer to notify US EPA of each chemical substance it manufactured or imported for a non-exempt commercial purpose in the US during the 10-year period ending June 21, 2016 (the “lookback period”). … ”
Read a fact sheet from Squire about the rule requirements. 7/19/2017
Ohio EPA recognizes that many businesses, communities, and other organizations are moving beyond compliance and incorporating sustainable environmental practices into their daily operations. On October 3, 2017, Ohio EPA will host its first Sustainability Conference. This conference, to be held in Columbus, will demonstrate how to leverage sustainable practices and resources to strengthen Ohio communities and businesses.
Here are all the details. 7/12/2017
Late Tuesday night House and Senate conferees reviewed and settled around 600 differences between the two chambers’ versions of the state budget bill, including portions of the budget related to environmental law.
Included in the final language was an amended version of the Total Maximum Daily Load (TMDL) language that was first introduced by the governor. The new provision, which OMA worked on with other interested parties and the agency, was accepted by the conference committee. The provision outlines Ohio’s new statutory procedure for establishing TMDL limits for a body of water.
The committee also agreed to keep in the provision that eliminates fees associated with alternative daily cover (ADC). The OMA backed provision will help create a stronger market for ADC materials in Ohio. 6/28/2017
The long hard road to remove slag’s definition as a waste in Ohio’s Clean Water Act finished its legislative journey this week with an affirmative House vote. Now Senate Bill 2 awaits the governor’s signature.
Senate Bill 2 focuses on a variety of Ohio water issues ranging from public water systems to Lake Erie dredging. Included in the bill is an OMA-backed provision which would recognize slag as a marketable product and not a waste under Ohio’s water laws. Specifically, the bill exempts slag from excessive regulation, while at the same time requires that it be used in a manner conforming with appropriate water quality standards.
This is great news for Ohio’s steelmakers and slag processors. 6/22/2017
In action on the state budget bill, the Senate this week passed an amendment for which the OMA advocated that would eliminate the fees associated with alternative daily cover (ADC). ADC is material placed on an active waste landfill at the end of each operating day. Removing the fees associated with ADC helps create a stronger market for materials used as ADC.
Another item that was expected to be included in the amendment, but was not, unfortunately, is a provision regarding total maximum daily loads (TMDLs). An amendment was submitted that outlined Ohio’s statutory procedure (described here by OMA environmental counsel Frank Merrill of Bricker & Eckler) for establishing limits for a body of water. The amendment was the product of several meetings between regulators and interested parties. There is speculation that the amendment will yet be included during the upcoming conference committee. 6/22/2017
This week, following several meetings with stakeholders in which the OMA took part, Ohio EPA submitted final revised language to be included in HB 49, the state budget bill, that would describe Ohio’s statutory rulemaking procedure prior to establishing pollutant limits for a body of water.
The bill outlines the scope of the Ohio EPA director’s authority in establishing Total Maximum Daily Loads (TMDLs) for pollutants for each impaired water of the state or segment thereof.
Here is a memo from OMA environmental counsel Frank Merrill, of Bricker & Eckler, that describes what the regulated community can expect under the new language, including: ” … each TMDL, including modified TMDLs, must go through the public notice, public comment, and public hearing process. … the rule allows for appeals to Ohio Environmental Review Appeals Commission (ERAC) of any permit containing limits based on a TMDL, and specifies that indirect dischargers as well as direct dischargers may appeal. The rule therefore provides for due process considerations …” 6/15/2017
OMA Connections Partner, Jones Day, has summarized the U.S. withdrawal from the Paris Climate Agreement this way:
The Situation: In a multinational effort to address climate change, nearly 200 countries adopted the Paris Climate Accord in late 2015. But in June 2017, President Donald Trump announced that the United States will cease implementing the provisions of the Paris Accord.
The Result: The United States will no longer observe emissions reductions pledges, and the Paris Accord’s emissions reductions targets will likely not be used by the federal government to determine greenhouse gas policies.
Looking Ahead: Formal U.S. withdrawal will take approximately four years. Also, a coalition of states is considering climate change actions independent of federal regulations.”
Read more from Jones Day about the impacts of this action. 6/7/2017
Reacting to the input of interested parties, Ohio EPA made several changes to its introduced Total Maximum Daily Load (TMDL) language included in the state budget.
However, several items remain unresolved including automatic stays. Under the bill, Ohio EPA is required to allow public comment when a TMDL is established, and such decisions would be appealable to the Environmental Review Appeals Commission. The bill also allows for appeals of existing National Pollutant Discharge Elimination System (NPDES).
OMA environmental counsel Frank Merrill, Bricker & Eckler, provided an updated memo about the latest bill language. 5/25/2017