Do you believe this is a stream that has a "significant nexus" to a navigable waterway (current test established under Rapanos by Supreme Court Justice Kennedy)
Is it reasonable to require a Federal Section 404 and State
Overview of the Ohio EPA Enforcement Process
The Ohio EPA enforcement process can appear to be a mystery, especially to companies that find themselves the subject of an EPA visit for the first time. This post provides a general overview of the Ohio EPA civil enforcement process.
Step 1: The Inspection
The enforcement process starts with the inspection. The inspections can be announced
Ohio EPA Begins Policy to Rotate Inspectors
Ohio EPA has recently announced a new policy of rotating personnel within its districts and divisions. The new policy will apply to inspectors and staff, but will not apply to management.
The policy is intended to provide Ohio EPA staff with a wider range of experience and technical skill.
This from Director Butler
Challenging Jurisdictional Stream and Wetland Determinations Proves Difficult
Under the Clean Water Act (CWA), you cannot impact a federally protected stream or wetland unless you obtain a 404 permit from the Army Corps of Engineers (ACOE). The key issue- what is a "federally protected stream or wetland?"
As discussed previously on this blog, which streams and wetlands are protected under the CWA has
EPA No Longer Recognizes Old ASTM Standard for Phase Is
U.S. EPA has published in the Federal Register its action that removes the old Phase I standard (1527-05) from the "All Appropriate Inquiries" Rule (AAI). Until this action, AAI recognized both the old standard and the new standard- ASTM 1527-13.
The major differences between the old and new ASTM Phase I standard include:
- Key
Science Board Weighs in on EPA’s Water Jurisdiction Rule
The Science Advisory Board (SAB) has provided advice and comment on EPA’s proposed rule that defines which streams and wetlands are federally regulated. The SAB’s comments are interesting in two ways:
- Despite comments that EPA’s proposal pulls under federal regulation way too many waterways, SAB believes there are too many exceptions in the EPA’s proposal;
Retirement of Coal Power Plants Accelerates
According to a new Government Accounting Office (GAO) report released in September, actual and planned retirements of coal-fired power plants has accelerated due to new U.S. EPA rules and regulations and other market forces.
Back in 2012, GAO performed an analysis of projected closure of coal plants due to four new EPA rules:
- Cross-State Air
U.S. EPA Proposes to Designate Additional Ohio Counties as Non-Attainment with New Fine Particle Standard
Back on December 14, 2012, EPA strengthened the National Ambient Air Quality Standard (NAAQS) for fine particle pollution. The standard was strengthened from 15.0 micrograms per cubic meter (ug/m3) to 12.0 ug/m3.
Under the Clean Air Act, EPA first asks States to propose which counties should be deemed as not meeting the standard (i.e.