Ohio EPA issues statement concerning the Patriot Water Treatment and City of Warren’s permit appeals before the Environmental Review Appeals Commission

The permit, as it was originally issued, allowed for Patriot to dispose of more than 100,000 gallons of oil and gas brine per day into the City of Warren’s sewer system.  For more information, click here.

Ohio EPA considering draft general permit for temporary wastewater discharges

Temporary discharges are usually those associated with a facility or site cleanup; a one-time emergency discharge related to an environmental cleanup activity; discharges required for restoring conditions affecting aquatic life or to protect human health and safety; and discharges resulting from testing pilot projects.  For more information, click here.

Ohio EPA proposes amended rule for particulate emissions from industrial processes

The rule would require exemptions for surface coating operations to be approved by both Ohio EPA and US EPA.  For more information, click here.

Caputo v. Toledo, 2011-Ohio-5682 (Ohio 6th Dist. Ct. of Appeals Nov. 4, 2011).

Repair of a storm sewer is a maintenance activity and, therefore a proprietary function for which the City was not entitled to statutory immunity; however, plaintiffs failed to establish a causal link and therefore cannot recover.  To read the case, click here.

State ex rel. Nix v. Bath Twp., 2011-Ohio-5636 (Ohio 9th Dist. Ct. of Appeals Nov. 2, 2011).

The 9th District Court of Appeals affirmed that Bath Township was not entitled to statutory immunity, ruling that plaintiffs challenged the Township’s maintenance of its drainage facilities, which is a proprietary fund, and not the Township’s decision to install drainage facilities.    To read the case, click here.

Ross Cty. Water Co. v. Chillicothe, No. 10-3422 (6th Cir. Nov. 30, 2011).

The Sixth Circuit upheld a rural water company’s exclusive right to provide water service to the disputed area under the Agricultural Act.

Ohio EPA issues draft rule on oil and gas exploration and production in Ohio

The new rule would affect the Marcellus and Utica Shales.  Comments on the draft rule are due on December 12, 2011. For more information, click here.

ODNR appoints new Chief of the Division of Oil and Gas Resources Management

The division is newly created and will enforce Ohio’s laws related to oil and gas drilling, production, plugging, orphan wells, solution mining, enhanced recovery, gas storage and underground injection control operations. For more details, click here.

Ohio EPA proposes updates to rules governing drinking water and wastewater operators.

The new rules would change exemption availability and would affect the process for suspending or revoking a certificate of operation. For more information, click here.

Ohio EPA proposes changes to clarify water quality trading rules.

The new changes would, among other things, disqualify load reduction from eligibility  for water quality credits when that reduction is funded through Ohio EPA’s Water Resource Restoration Sponsorship Program. For more information, click here.

State Files for Temporary Shutdown of Columbus Refinery for Air Pollution Violations

Ohio Attorney General Mike DeWine filed Charges of Contempt against Heartland Petroleum in Franklin County Environmental Court seeking the temporary shutdown of  its refinery for ongoing air pollution violations that have caused substantial odor nuisances. For more information, click here.

Ohio EPA proposes amended rule for particulate emissions from industrial processes.

The amendment would require exemptions for surface coating operations be approved by both Ohio EPA and U.S. EPA.  Comments on the proposed rule are due Tuesday, November 15, 2011.  For more information, click here.

Ohio EPA now accepting comments on new air quality plan for lead

Ohio EPA will hold a public hearing on the issue at its Columbus office on Tuesday, October 11, 2011.  To review the air quality plan, click here.

White House will not issue new ozone standards before 2013

The President has withdrawn the draft Ozone National Ambient Air Quality Standards, stating that states should not be forced to implement a new standard before the review scheduled for 2013.  For more information, click here.

Ohio EPA issues draft administrative rules

The rules govern public notice procedures, public meetings, public records, trade secret claims, verified complaints and adjudication proceedings.  Click here for more information.

U.S. EPA requires new testing by manufacturers of 19 chemicals.

The goal of these tests is to obtain information regarding the health and environmental effects and the chemical fate of these chemicals.  For more information, click here.

U.S. EPA issues guidance on PCB-containing light ballast.

The guidance is directed primarily at schools with light ballasts pre-dating 1979.  For more information click here.

U.S. EPA creates new web-tool to provide the public with more information about industrial chemicals.

This new tool allows the public to access and search health and safety studies submitted to EPA through the Toxic Substances Control Act.  For more information and to view the tool, click here.

U.S. EPA issues new permitting guidance for greenhouse gases.

The guidance provides information that permit writers and applicants will need to address GHG emissions in permits.  To review the guidance, click here.