On May 8, 2020, Ohio EPA issued a public notice for a new general permit, titled Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. The purpose of the General Permit, as set...more
5/11/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a 6-3 opinion issued on April 23, 2020, the U.S. Supreme Court ruled that the Clean Water Act regulates activities that release pollutants that are eventually conveyed through groundwater to navigable water. The ruling is...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On April 14, 2020, U.S. EPA proposed to retain the current national ambient air quality standards (NAAQS) for particulate matter (PM) without revision. ...more
Ohio EPA has acknowledged its awareness that regulated entities may be impacted by a reduced workforce necessary to maintain normal operations at some facilities and issued guidance in response....more
The Ohio EPA Division of Drinking and Groundwaters posted several recent updates to its Coronavirus (COVID-19) Response, Questions, and Guidance website to inform that it is actively monitoring the COVID-19 situation in Ohio...more
Ohio EPA is currently operating during the COVID-19 crisis with many staff members working remotely. Ohio EPA’s district offices and Central Office are temporarily closed, with increasingly limited ability to receive...more
On March 26, 2020, US EPA issued a memorandum announcing a temporary policy to address noncompliance with environmental legal obligations resulting from the COVID-19 pandemic, in lieu of otherwise applicable EPA enforcement...more
3/30/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Drinking Water ,
Enforcement Guidance ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Policy Statement ,
Relief Measures ,
Safe Drinking Water Act ,
Water Supplies
H.B. 197, passed by the Ohio Senate and the Ohio House and now awaiting Governor DeWine’s signature, includes several provisions that may impact entities or communities regulated by Ohio EPA. First, Section 27 of H.B. 197...more
Regarding drinking water, EPA advised that the COVID-19 virus has not been detected in drinking water supplies and that Americans should continue to use tap water for drinking and handwashing as usual. Coronavirus...more
On September 27, 2019, Governor Mike DeWine announced that he has directed the Ohio Environmental Protection Agency (Ohio EPA) and Ohio Department of Health (ODH) to analyze the prevalence of per- and polyfluoroalkyl...more
The U.S. Environmental Protection Agency’s final rule governing management of hazardous waste pharmaceuticals became effective August 21, 2019. The new regulations apply to the management of hazardous waste pharmaceuticals by...more
9/13/2019
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Hazardous Waste ,
Healthcare Facilities ,
Pharmaceutical Industry ,
Prescription Drugs ,
Regulatory Requirements ,
Rulemaking Process ,
Safe Drug Disposal ,
Waste Management
On May 6, 2019, the Ohio EPA Division of Environmental Response and Revitalization issued an early stakeholder outreach public notice, through which it seeks stakeholder input on Ohio EPA’s intent to incorporate recent...more
On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) announced new rule language to replace the Obama Administration’s 2015 Clean Water Rule...more
Last week, Ohio Environmental Protection Agency (EPA) proposed amendments to three rules pertaining to modeling and total maximum daily loads (TMDLs) in Ohio Administrative Code Chapter 3745-2. ...more
Judge Carr issued an order on October 3, 2018, in Environmental Law and Policy Center, et al., v. U.S. EPA, et al., effectively dismissing the litigation and providing no clear path forward for challenges of Ohio EPA’s plan...more
On September 17, 2018, Ohio EPA issued its General Permit Authorization for Storm Water Discharges Associated with Construction Activity from Oil and Gas Linear Transmission Line and Gathering Line Installation (the General...more
Ohio EPA has released proposed pretreatment and indirect discharge permit (IDP) rules (OAC 3745-3 and 3745-36, respectively). The existing pretreatment and IDP rules overlap with one another quite significantly, and the IDP...more
On February 9, 2018, the Ohio EPA issued a public notice of its fifth-generation draft general NPDES permit for the statewide regulation of storm water associated with construction activities (Permit No. OHC000005). ...more