In two prior posts, I discussed the recent Ohio EPA rule change to its asbestos rules.  As discussed previously, Ohio EPA added a single sentence to definition of "friable asbestos" appearing in Ohio Administrative Code Rule 3745-20-01.  The sentence states:

Any category I or category II asbestos containing material that becomes damaged from either deterioration

Another aspect of Governor Kasich’s controversial proposed legislation- Senate Bill 315- is to provide the legislative authority for Ohio EPA to take over Section 404 Clean Water Act permitting from the Army Corps of Engineers.  Section 404 permits are needed prior to impacts to streams or wetlands within federal jurisdiction. 

The bill itself doesn’t really do

Ohio EPA has finalized changes to its asbestos regulations which govern notification and work practices for asbestos abatement.  Ohio EPA described the changes as minor.  However, one change in particular could impact asbestos abatement contractors. 

Ohio EPA modified the definition of "friable asbestos material" appearing in Ohio Administrative Code Section 3745-20-01.  The only change

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

The Diesel Emission Reduction Grant program (DERG) funds clean diesel projects, including diesel exhaust retrofits, engine repowers and replacements.  The program is intended to provide voluntary funding to reduce diesel emissions to assist Ohio in meeting federal air quality standards. 

The more voluntary reductions for vehicles the less reductions are needed from industry to meet

One of the issues that can complicate a clean up is if multiple environmental regulatory programs apply to the site.  Even the same type of contamination may be required to be addressed under different programs and different processes.

A prime example of this issue in Ohio is the disconnect between Ohio’s Voluntary Action Program (VAP)

Hydraulic fracking provides the opportunity to tap into massive natural gas reserves which is located deep beneath the earth.  In Ohio and Pennsylvania, Marcellus and Utica Shale is sedimentary rock which contains huge quantities of natural gas.

Hydraulic fracking uses water injected at high pressure to break up the rock allowing the gas to be released into wells.  The process uses