Back in April of this year, a citizen group filed a petition that argued Ohio illegally tried to exempt oil & gas companies from complying with federal emergency planning and citizen reporting requirements under the "Emergency Planning and Community Right-to-Know Act ("EPCRA"). EPCRA requires companies that store certain hazardous chemical above certain thresholds to inform
Reality Check: Impact of President Obama’s Climate Change Initiative on Coal Fired Power Plants
On September 30th, the Congressional Research Service released a very interesting report titled "EPA Standards for Greenhouse Gas Emissions from Power Plants: Many Questions, Some Answers." The report was prepared as a review of the effect of recent new Clean Air Act regulations on existing and future coal fired power plants.
How New
Ohio EPA Guidance On TENORM Oil & Gas Related Wastes
This past summer the Ohio General Assembly passed House Bill 59 which changed various aspects of the regulatory approach toward oil & gas waste material management. One aspect dealt with under H.B. 59 was the regulation of oil & gas related waste that may be considered technologically enhanced naturally occurring radioactive material (TENORM). H.B. 59
EPA’s Inspection Authority
An EPA inspector shows up at your facility unannounced and requests access to inspect your facility. Do you have to let them in? If you deny access, how likely is it that EPA will quickly gain access? What is the downside of making EPA go through the step of legally gaining access by obtaining a
Five Things to Review in Your Environmental Consultant’s Contract
So you have decided to retain an environmental consultant to assist with sampling, cleanup or compliance assistance. Many times businesses have the tendency to review the terms of the proposal itself without paying much attention to the "standard terms & conditions" that are often attached to the proposal. These standard terms & condition make up
Are All Phase I’s the Same?
The title of this blog post may make many in the environmental consulting and legal business laugh. "Of course not…" most would certainly reply. With Phase I’s governed by two ASTM guidance documents and the EPA "All Appropriate Inquiries" Rule (AAI), how can there be such variations?
The answer is that a Phase I environmental
Quick Primer on Voluntary Action Program (VAP) Cleanups
Ohio EPA has established its own voluntary cleanup program for addressing hazardous substances and obtaining a legal release from liability- the Voluntary Action Program (VAP). The VAP program has been on the books since 1995.
When the VAP was created its purpose was to allow the private sector to address historical contamination at industrial or
U.S. EPA Endorses New Phase I Standard
ASTM 1527-05 was the first ASTM standard recognized by U.S. EPA as meeting the requirements of the "All Important Inquiries Rule." (AAI) AAI sets forth the standards and practices necessary for fulfilling the requirements to obtain liability protection (i.e. bona fide purchaser defense) under CERCLA section 101(35)(B). Most Phase I proposals reference 1527-05.
State Settlements: When Can You Recover Costs from Prior Owners/Operators
If you settle with the State EPA in your jurisdiction and perform a cleanup under State regulatory statutes, can you recover costs from prior a owner and/or operator?
This is an issue that federal courts are grappling with in the aftermath of the U.S Supreme Court Ruling in Cooper Industries, Inc. v. Aviall Services,
Ohio Looks to Tighten Nutrient Regulation to Address Toxic Algae
Pardon the pun, but toxic algae has been a growing problem in Ohio. Significant issues with toxic algae have occurred in Lake Erie, Grand Lake St. Marys and elsewhere. In fact, Ohio EPA recently added a new feature to their webpage in which you can track and identify toxic algae issues around the state:
