On April 5th, Ohio EPA Director Nally testified on the Agency’s proposed budget before the House Finance and Appropriations – Agriculture and Natural Resources Subcommittee. According to the Director’s Testimony, Ohio EPA is not asking for any fee increases. Ohio EPA’s proposed budget calls for a reduction of 11.8% for fiscal year 2012 and 13.8%
Is the Voluntary Clean Up Program in Ohio Working?
In 1994, the State created the Voluntary Action Program (VAP) to promote voluntary clean up of industrial and commercial sites, including those currently utilized as well as brownfields.
By 1994 standards the VAP program was cutting edge. It utilized certified professionals (CPs) who performed the investigation and implemented clean ups to meet standards established by
Budget and Collective Bargaining Bill Impact Ohio EPA
As reported in the Columbus Dispatch, Ohio EPA has experienced a drop in revenue attributable to reduced fees collected associated with its various programs due to the recession. Governor Kasich has not proposed any fee increases to restore the loss in funding.
Fee increases are seen as additional direct taxes on business which runs counter to
Bay Village Debates Riparian Setback Ordinance
Bay Village has been debating establishing a riparian setback for the last few years. The proposal which began with a 75 foot setback has now been scaled down to 25 feet. Yet the ordinance is still controversial and City Council decided to delay its vote enacting the provision.
The debate before Council was covered in
Economic Impact of Permitting Energy Projects
The U.S. Chamber commissioned a study of the economic impact of project that have been delayed or canceled as a result of federal and state permitting processes. As described by the U.S. Chamber on its website:
This study estimates the potential loss in economic value of 351 proposed solar, wind, wave, bio-fuel, coal, gas, nuclear
Key Lessons for Businesses from a Rare State Court Air Regulatory Decision
You don’t often get State court decisions on environmental law, especially on air permitting issues. Recently, the 10th Appellate Court in Columbus issued a decision that has at least a few major implications for businesses in Ohio. State of Ohio ex rel Ohio Atty. Gen. v. The Shelly Holding Co, et. al.,
There is a good summary of
Reorganization of Ohio EPA Underway
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Rumors had been swirling that there would possibly be a merger between Ohio EPA and the Ohio Department of Natural Resources (ODNR) in an effort to consolidate programs and reduce staff. Such a proposal was debated in the prior Ohio Legislature as part of larger plan to reduce the total number of State Agencies. Its possible that
JobsOhio and Clean Ohio
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The Governor’s top legislative priority is the privatization of the State’s economic development functions. House Bill 1, known as "JobsOhio", has been introduced and a vote in the Senate may come yet this week.
The Ohio Department of Development (ODOD) plays a critical role in the administration of the Clean Ohio program which provides millions in
Ohio Bill Introduced to Give Tax Credit for Site Remediation
The Ohio House has introduced a bill that would provide a tax incentive to clean up contaminated properties. House Bill 10, if enacted, would provide an exemption from penalties as well as a tax credit to encourage companies to voluntarily remediate property.
Similar to other existing tax incentives, the bill encourages companies to remediate property under Ohio’s Voluntary
Ohio Revamps Brownfield Loan Program
The Ohio Water Development Authority (OWDA) has long had a revolving loan fund to help finance brownfield clean up projects. However, the OWDA program has rarely been utilized because of two factors:
- Clean Ohio Program– Offers grants up to $3 million for clean up and remediation of sites (i.e. why take a loan when there is significant grant money available?)
- Non-competitive interest rates
At this week’s Ohio Brownfield Conference, the State announced that they soon would be revamping the OWDA program to make it more attractive. The two major changes to be made are:
- Responsible Parties- OWDA will allow companies that have legal responsibility for contamination to be eligible for loans so long as the company is not under enforcement orders. Responsible parties (PRPs) are not eligible for Clean Ohio or other federal grant funding.
- Competitive Interest Rates- The State did not announce the exact interest rate. They simply stated the the new rates would be competitive.
The biggest change is allowing responsible parties to be eligible for loans. Now companies have a new financing option if they want to address historical contamination on their property to eliminate liability risks. Companies can utilize the Ohio Voluntary Action Program (VAP) in performing their clean up.
Clean up under VAP is a far better option than clean up under traditional enforcement or regulatory programs like RCRA (hazardous waste regulatory program). VAP clean ups are:
- Cheaper- the program allows use of institutional (i.e. deed restrictions) and engineering controls (physical barriers) as an alternative to more costly removal/disposal of contamination
- Companies have much more flexibility in how to perform their clean up-
- Residential versus industrial/commercial standards can be selected
- Buildings and parking lots can be used to contain contamination versus digging and hauling material off-site
- Companies private environmental consultant oversees the clean up and selects remedies versus the regulator
The OWDA program may provided needed financing to companies wishing to take advantage of the VAP program.
We will need to see the details for the changes to the program once the State rolls them out. I was told that would occur in the next few weeks. However, these changes appear to make the OWDA Brownfield Loan Program much more attractive.
(See extended entry for the current program guidelines which will soon be changed)Continue Reading Ohio Revamps Brownfield Loan Program