TMDL Rule Included in Budget Bill


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