Recently, the Toledo Blade had a story on the recent court ruling regarding the FDS Coke permit. The FDS permit has been the subject of numerous appeals which have dragged on years. The 10th Appellate Court recently issued a ruling sending the FDS permit back to the Environmental Review Appeals Commission for determination of whether construction had begun in order to maintain
Congress Attempts to Block EPA GHG Power; Ohio Moves Forward
As discussed in the Wall Street Journal, it didn’t take long before a flurry of bills were introduced in Congress to stop EPA from moving forward with its controversial greenhouse gas (GHGs) regulations. After passage of the deal to extend Bush era tax cuts, halting EPA efforts is seen as the next major action needed to continue the
Kasich Names New Directors for Ohio EPA and ODNR
Last week, Governor-Elect Kasich named the new Director’s for Ohio EPA (Scott Nally) and the Ohio Department of Natural Resources (David Mustine). At the press briefing, Kasich reiterated his election theme of returning business growth to Ohio. This from the Columbus Dispatch:
"These departments are going to send a message to Ohio that we are open for
Curious Timing: Ohio EPA Re-Releases Massive Water Quality Rule Package
On December 17th, Ohio EPA re-issued a huge set of rules that impact industry, developers and the farming community. The surface water quality rule package includes interrelated sets of rules dealing with the following areas of regulation:
- Stream Mitigation– Contains an entirely new proposal for how to determine the amount of mitigation required for stream impacts.
Ohio EPA + ODNR?
Ohio is facing a $8 billion dollar budget gap. Governor-elect Kasich has stressed the need to streamline state government as part of solving the budget crisis as well as making government more efficient.
During his campaign he already announced one very creative proposal to eliminate the Ohio Dept. of Development. Could an idea being tested in other states- combining State environmental programs-be a proposal worth considering in Ohio?
Good in Theory?
A brief overview of the current state structure suggests combining responsibilities would gain efficiencies. Similar functions and staff with similar capabilities are spread across five different state agencies.
Combining functions and potentially agencies could benefit those organizations. Greater efficiency is not only good for business, its good for agencies that are constantly fighting for funding to support their programs.
The counter argument is that combining large government agencies you run the danger of creating even a larger bureaucracy. Not only could there be even more layers of management the organization could become too large to effectively manage.
An Overview of the Current Ohio Structure
Most environmental regulatory functions are split between the Ohio EPA and the Dept. of Natural Resources. However, there are clean up, regulatory and grant programs related to the environment spread across a total of five different state agencies.
Here is just a quick look at various functions that have commonalities and are divided up between multiple agencies.
Brownfield Redevelopment and Clean Up
- Clean Ohio Program- divided between Ohio Dept. of Development and Ohio EPA
Federal Water Pollution Permitting Programs
- Combined Animal Feeding Operations NPDES (Clean Water Act) permit program- Department of Agriculture
- NPDES (Clean Water Act) permit program- Ohio EPA
Litter and Recycling
- Division of Soil & Water Resources (Previously Divisions of Soil & Water Conservation and Division of Recycling & Litter Prevention)- ODNR
- Division of Solid Waste Management (manages Solid Waste Management District recycling efforts)- Ohio EPA
Wetlands
- Environmental Review Program (Wetlands)- ODNR
- Division of Surface Water (401 and Isolated Wetlands Permitting)- Ohio EPA
Ground Water Management
- Ground water well information (within Division of Soil & Water Resources)- ODNR
- Division of Drinking and Ground Waters- Ohio EPA
Surface Water and Lake Erie
- Soil and Water Conservation programs – ODNR
- Coastal Zone Management Program – ODNR
- Great Lake Compact Program (Under development)- ODNR
- Lake Erie grants program- Lake Erie Commission
- Surface water Lake Erie Unit- Ohio EPA
- Surface water regulatory and permitting programs- Ohio EPA
Underground Storage Tanks
- Bureau of Underground Storage Tanks (BUSTR)- regulation and clean up of releases of hazardous substances from USTs- Dept. of Commerce
- Clean up of hazardous substances un-related to USTs- Ohio EPA
Diesel Engine Grant Programs
Diesel Emission Reduction Programs
- Diesel Emission Reduction Grant Program- Ohio Dept. of Development
- School bus diesel emission grant program- Ohio EPA
The list of similar functions spread across multiple agencies is probably longer. In addition to similar regulatory functions, each of these agencies maintain their own Information Technology Offices, HR, Motor Pools, Facilities Management, Press Offices and Director’s Offices. Combining support offices could also gain efficiencies.
Not a Budget Fix
After modifications to its funding strategy, Ohio EPA utilizes no general revenue funds to support its programs. ODNR has substantially reduced its reliance on GRF. So combining agencies is not going to do much to fix the $8 billion dollar budget hole.
However, both agencies (as well as the other three agencies) assess multiple fees to business to support their programs. These fees have regularly been increased to support rising human resource expenses within the Agencies. Fees, while imposing costs on businesses, have traditionally not received the same political attention as GRF.
While streamlining and combining functions may not solve the $8 billion budget hole, it could avoid or reduce the need to raise fees on businesses.
For a discussion of what has occurred in other states…continue reading.Continue Reading Ohio EPA + ODNR?
Are Local Government’s Mandated to Adopt Riparian Setbacks
Northeast Ohio has led the state in the adoption of ordinances that establish setback requirements from streams and wetlands. Buried within municipal codes is the requirement to stay out of buffer areas surrounding streams and wetlands.
Homeowners, businesses and developers often learn of these requirements after they go to the City with their designs for
US EPA Attempts to Ease Transition to Greenhouse Gas Regulation for Large Sources
On August 12th, the U.S .EPA released two proposed rules to address the potential gap that exists while States adopt rules to regulate greenhouse gases (GHGs) from large stationary sources. What U.S. EPA is really doing is making sure all fifty states will be regulating GHGs beginning January 2011.
On May 12, 2010, U.S. EPA finalized its controversial
Changes to Clean Ohio Policies Impact Brownfield Projects
.jpg)
The administration of the Clean Ohio program is largely governed by the policies developed by the Clean Ohio Council. Separate policies have been generated for the Clean Ohio Assistance Fund (COAF) and the Clean Ohio Revitalization Fund (CORF).
Over the life of the Clean Ohio program, the Clean Ohio Council has routinely updated the program
Five Tips to Help Reduce the Risk of EPA Enforcement Actions
I have been on all sides of the fence relative to environmental enforcement actions. I have represented the State, managed Ohio EPA enforcement program and now I represent companies who find themselves the subject of enforcement. These experiences have given me valuable insight into what things to do and not to do when dealing with compliance oversight.
When speaking
E-Waste Recycling Legislation Introduced in Ohio
Ohio does not have regulations governing the disposal or recycling of consumer electronic waste. State legislation has been adopted by at least nineteen other states to encourage the recycling of e-waste and divert computers and other electronic equipment from landfills.
Why manage e-waste differently? E-waste components can contain hazardous or toxic compounds that make it