Budget Bill Makes Changes to TMDL Process


House Bill 49, the state operating budget bill, includes provisions that propose how Ohio EPA would establish Total Maximum Daily Load (TMDL) limitations for Ohio’s streams. Under the bill, Ohio EPA is required to provide for 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) permits that were based on TMDLs established before March 24, 2015, while retaining the enforceability of any TMDL established before March 25, 2015. This is a significant change for manufacturers with NPDES direct discharge permits to waters of the state. Read more in this HB 49 analysis. 2/16/2017