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U.S. EPA Releases First-Ever Final PFAS Drinking Water Rule

On April 10, 2024, U.S. EPA issued the first-ever, national drinking water standard for a group of chemicals commonly referred to as “PFAS” or “forever chemicals”. PFAS generally refers to a family of chemicals known as “per-...more

Ohio Announces Program to Assist Public Entities in Disposing of PFAS-Containing Firefighting Foam

On January 29, Governor DeWine announced a new statewide initiative aimed at eliminating a common fire suppression material called Aqueous Film Forming Foam (AFFF). AFFF, also known as firefighting foam, is a fire suppression...more

US EPA Strengthens Air Quality Standards for Fine Particulate Matter

Today, on February 7, 2024, U.S. EPA announced its final air quality standard to govern fine particulate matter (PM 2.5), also known as soot.  More specifically, U.S. EPA set an annual health-based national ambient air...more

US EPA Approves Ohio’s Maumee Watershed Nutrient TMDL

On September 28, 2023, US EPA announced its final review and approval of the Maumee River Watershed Nutrient Total Maximum Daily Load (Maumee TMDL), which Ohio EPA submitted for approval on June 30, 2023. In issuing its...more

U.S. EPA removes Ohio’s air pollution nuisance rule from Ohio’s SIP

On November 19, 2020, U.S. EPA published its decision to remove Ohio’s air pollution nuisance rule from Ohio’s SIP in the Federal Register. The removal came at the request of Ohio EPA because the nuisance rule does not have a...more

Army Corps announces proposal to reissue and modify nationwide permits (UPDATED)

Update: On September 15, 2020, the Army Corps published a notice of proposed rulemaking in the Federal Register (85 FR 57298) for the reissuance and modification of its Nationwide Permits....more

Ohio Governor DeWine requests cooperative agreement with Department of Defense to address PFAS

On August 27, 2020, Ohio Governor Mike DeWine sent a letter to the Department of Defense (DOD) Secretary Mark Esper requesting DOD cooperation in addressing per- and polyfluoroalkyl substances (PFAS) threatening the drinking...more

Army Corps announces proposal to reissue and modify nationwide permits

On August 3, 2020, the U.S. Army Corps of Engineers announced a proposal to renew and revise its 52 nationwide permits and issue five new nationwide permits. Nationwide permits, which are general permits that authorize work...more

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams (UPDATED)

Update June 29, 2020: On June 25, 2020, Ohio EPA issued the Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. ...more

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams

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

Nationwide Permit 12 vacated and remanded to the Army Corps

On April 15, 2020, the U.S. District Court for the District of Montana issued an order with potentially broad-sweeping implications for energy-related projects across the country. ...more

Potential impacts of H.B. 197 on Ohio EPA regulated entities

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

Ohio EPA issues long-awaited water quality report

The Ohio Environmental Protection Agency's (Ohio EPA) draft "2020 Integrated Water Quality Monitoring and Assessment Report" was issued and is now available for review and comment through close of business on March 13, 2020....more

H2Ohio water quality plan unveiled

On November 14, 2019, Ohio Governor Mike DeWine unveiled his long-awaited H2Ohio Water Quality Plan, a program aimed at reducing phosphorus runoff and harmful algal blooms, improving water infrastructure (including tackling...more

Ohio EPA initiates rulemaking process for hazardous waste pharmaceuticals

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

Lawsuits filed over the largest CRT stockpile in U.S. history

Two Columbus warehouse owners have filed federal lawsuits against over 40 electronics scrap companies, saying they are to blame for the largest cathode ray tube (CRT) glass stockpile in U.S. history. ...more

City of Toledo voters pass the Lake Erie Bill of Rights, potentially affecting Lake Erie watershed dischargers

In a February 26, 2019, special election, Toledo’s voters passed the Lake Erie Bill of Rights (LEBOR). The LEBOR is an amendment to the City of Toledo’s Charter that creates a new cause of action for the violation of the...more

EPA and Army Corps announce new “waters of the United States” rule

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

Judge Carr Dismisses Lake Erie litigation

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

Sixth Circuit rules that the Clean Water Act does not regulate discharges to navigable waters via groundwater

In two opinions issued on September 24, 2018, the Sixth Circuit ruled that discharges of a pollutant to surface waters through groundwater do not require a National Pollutant Discharge Elimination System permit, pursuant to...more

Ohio EPA issues general permit authorization for storm water discharges

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 releases proposed pretreatment and IDP rules

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

Kasich issues Executive Order to protect Lake Erie

On July 11, 2018, Governor John R. Kasich issued Executive Order 2018-09K, “Taking Steps to Protect Lake Erie.” Through Executive Order 2018-09K, Governor Kasich has ordered the director of the Ohio Department of Agriculture,...more

Ohio EPA releases draft NPDES construction storm water general permit

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

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