Companies and public entities that own diesel vehicles have until March 30th to submit an application for grant funding to pay for engine repower, retrofit and/or installation of idle technology. Ohio EPA released its request for proposal to solicit applications for $10 million in grant funding in 2012 under its Diesel Emission Reduction Grant (DERG)
Joseph Koncelik
The focus of Joe’s practice is in all facets of environmental law as well providing counsel on issues relating to renewable energy and climate change.
Ohio EPA Reform Bill Introduced
Last week Senator Schaffer introduced Senate Bill 294– dubbed the EPA reform bill. According to testimony from Senator Schaffer and OEPA Director Scott Nally, the two had been working on the legislation for months.
This bill is the probably the first since Ohio EPA creation that touches on so many different areas of…
Recent Court Case Limits Ohio EPA Enforcement Authority and Ability to Recover Costs
A recent court case calls into question Ohio EPA’s legal authority to recover certain costs related to investigation and clean up of contaminated sites. The case also raises questions about Ohio EPA’s long standing practice to negotiate administrative settlements of enforcement actions.
On January 18, 2012, the First District Court of Appeals in Hamilton County issued…
Ohio EPA Issues “Faster Air Permit” for Shale Gas Sites
In anticipation of an influx of shale gas drilling operations coming to the State, Ohio EPA decided to try and get ahead of the curve by developing an expedited permit to cover air emissions from such operations.
On February 1st, Ohio EPA issued a final air pollution general permit to cover production operations at shale…
NPDES General Permit for Industrial Activities – Feds and States Head toward Numeric Limits in Storm Water NPDES Permits
Traditionally, EPA has regulated storm water differently than point source discharges. Regulators recognized that it was easier to install new technology to reduce pollutant loading from a specific industrial process with a specific "end of pipe" discharge point. Storm water was much more unpredictable.
Therefore, U.S. EPA regulated storm water using general NPDES permits without specific…
JobsOhio $1.4 Billion Dollar Deal Includes Sketchy Details on the Future of Clean Ohio
Details were released this week by the Kasich Administration on the establishment of its privatized economic development agency known as JobsOhio. Many of the traditional job creation duties that fell to the Ohio Department of Development will be shifted to JobsOhio.
Along with the restructuring of development duties, the Administration is shifting the State’s liquor…
EPA Won’t Seek to Enforce Boiler MACT Deadlines After Recent Court Decision
In my prior post, I discussed the recent federal court ruling with found EPA’s self-imposed stay of the Boiler MACT illegal. Following the Court’s ruling, concern was immediately raised by industry that they would be subject to the original deadlines that appear in the 2011 rulemaking.
Yesterday, Administrator Jackson responded to a letter from Senator…
Court Throws Out EPA’s Self-Imposed Stay of Boiler MACT
On February 11, 2011, EPA issued two rules regulating hazardous air pollutants (HAPs) from thousands of industrial sources. First, the "Boiler MACT" imposed standards on industrial, commercial and institutional boilers and process heaters. Second, the "CISWI" imposed standards on commercial and industrial solid waste incinerators.
Both rules were very controversial due to their wide…
Ohio Could be at the Center of a Major Energy Transformation from Coal to Natural Gas
U.S. EPA finally issued its long awaited air pollution regulation aimed at reducing mercury emissions from coal-fired power plants- Mercury and Air Toxics Standards (MATS). MATS sets specific numeric emission standards for mercury and other air toxics from coal-fire power plants 25 megawatts in size or larger.
MATS will apply to some 1,400 generating units across…
State Halts Applications for Brownfield Grant Program
Yesterday, the Ohio Department of Develop put the following notice on the Clean Ohio Fund webpage:
NOTICE
Effective immediately: The Clean Ohio Assistance Fund is no longer accepting applications. If you have a project and would like to discuss other funding opportunities please contact us.
Back in October, Governor Kasich announced that he was redirecting…