Environment Management

Ohio EPA Continues to Push on TMDL Budget Fix

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  

Ohio EPA Drafting Rules for Alternative Fuel Conversion Grant Program

Ohio EPA is developing a set of rules to implement a new grant program for converting or replacing diesel- and gasoline-powered large vehicles to run on alternative fuels. The agency is seeking public comment on the draft rules.

Legislation passed by the Ohio General Assembly in 2016 authorizes Ohio EPA to create an alternative fuel vehicle (AFV) conversion grant program. A total of $5 million is available for grants to encourage the purchase of new large trucks and other vehicles with a gross vehicle rating of at least 26,000 pounds, that run on compressed natural gas, liquid natural gas, or liquid petroleum gas, including bi-fueled or dual-fueled trucks that can run on both an alternative fuel and on gasoline or diesel fuel. Grants can also cover the cost of converting one or more eligible traditional fuel vehicles into alternative fuel vehicles.

The Office of Environmental Education is seeking input on these draft rules by 5:00 p.m. on Wednesday June 21, 2017. Contact Carolyn Watkins at (614) 644-2873.  5/23/2017

Ohio EPA Releases New Storm Water Permit

This week Ohio EPA officially posted to its website the new Industrial Storm Water General Permit, which takes effect June 1. Among the posted resources are a fact sheet and responses to comments made by the OMA and other interested parties. The new permit will expire May 31, 2022.

OMA staff and members worked with Ohio EPA over the past year to ensure that the new permit did not become more stringent than the previous iteration.  5/18/2017

OMA Continues Push for Slag Regulation Reform

OMA presented testimony this week to the House Energy and Natural Resources Committee in support of Senate Bill 2, a water quality bill which contains slag regulation reform supported by OMA.

The OMA remains committed to the common sense regulation of slag. In written testimony before the committee, OMA’s Rob Brundrett said: “The bill recognizes that slag is a valuable product and not a waste under Ohio’s water laws. Senate Bill 2 exempts slag from excessive regulation while at the same time requiring that slag be used in a matter that conforms with appropriate water quality standards …”

OMA member McWane-Ductile also presented proponent testimony. The bill is expected to move from committee soon.  5/11/2017

Ohio EPA Scores Another Legal Victory over Army Corps

Last week a federal judge ruled the U.S. Army Corps of Engineers must pay the past costs of disposing dredged material from the Cuyahoga River into contaminant areas around Lake Erie.

The court also said that the Army Corps was wrong to delay dredging of the river while it argued with the state regarding the disposal of the dredged material.

Ohio EPA and the Army Corps have been arguing over whether sediment dredged from the Cuyahoga River is clean enough for open lake dumping. The Army Corps insists it can be safely dumped into Lake Erie. Ohio EPA contends the material is full of polychlorinated biphenyls (PCBs) and therefore should not be dumped into Lake Erie.

Manufacturers who depend on the dredging to clear transportation channels have been held hostage while the parties argue through the courts about disposing of the material. Hopefully last week’s hearing brings parties closer to a final solution.  5/11/2017

Understanding the Spill Prevention, Control and Countermeasure (SPCC) Requirements

If you store oil or oil products, you could be subject to the Spill Prevention Control and Countermeasure (SPCC) regulations. These federal regulations (40 CFR Part 112) require that certain procedures, methods and equipment be used to prevent and contain discharges of oil or petroleum products. This includes the development of a spill prevention and response plan.

The SPCC regulations apply to non-transportation-related facilities that store oil or petroleum products in greater than threshold quantities and, due to facility location, a discharge could reasonably be expected to reach a waterway (including sewer pathways).

Here’s a good fact sheet from Ohio EPA on the subject.  5/10/2017

Pollution Prevention for Metal Finishing: Save Money, Reduce Waste

High disposal fees and raw material costs can be a financial drain on your metal finishing operation. To remain competitive and go beyond compliance, pollution prevention (P2) can be the easiest and best management choice for reducing these costs and waste issues.  Read more from Ohio EPA.  5/4/2017

Industrial Storm Water Permitting – No Exposure Certification Can Save Money

Regulated businesses must either apply for an industrial storm water discharge permit or submit a no-exposure certification (NOEC). This Ohio EPA article will help you understand the NOEC and changes you can make that may make you eligible for the NOEC.  5/4/2017

Financial Assistance for Air Quality Improvements

The Ohio Air Quality Development Authority (OAQDA) is a non-regulatory agency created by the Ohio General Assembly in 1970 to provide for the conservation of air as a natural resource of the state by preventing or abating air pollution. It accomplishes this by helping businesses finance air quality facilities.

OAQDA is committed to helping businesses obtain the most productive equipment in the most cost-effective ways possible to improve air quality and energy efficiency. Many companies realize both tax savings and lower utility bills through their energy efficiency projects.

And within the OAQDA, the Clean Air Resource Center (CARC) helps small businesses (100 employees or less) find the most cost-effective ways to meet the requirements of the Clean Air Act.

Read more about OAQDA services here.  5/4/2017

Slag Reform Vehicle Gets House Hearing

After breezing through the Senate 33-0, Senate Bill 2 had its first hearing in the House. Members heard sponsor testimony from the bill sponsor Senator Cliff Hite (R-Findlay) and also heard testimony from Ohio EPA Director Craig Butler.

The bill focuses on a variety of Ohio water issues ranging from public water systems to Lake Erie dredging. The bill also includes a provision the OMA has strongly advocated 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 requiring that it be used in a manner that conforms with appropriate water quality standards. A second hearing is expected next week. 4/27/2017