Author Archives: Katerina E. Milenkovski

Ohio Secretary of State Determines That Local Ballot Initiatives Against Oil and Gas Development and Exploration-Related Waste Disposal Will Not Be on Ballot; Citizens’ Groups Appeal

Ohio’s Secretary of State, Jon Husted, has ruled against three ballot proposals which sought to create county-wide bans on certain oil and gas related activities. As a result of Husted’s ruling, the ballot proposals, from Athens, Fulton, and Medina counties, will not appear on the November ballot. The proposals sought voter approval to amend county… Read More »

Ohio EPA Seeks Additional Information When Permitting Gas Dehydration Facilities

Ohio EPA’s Division of Air Pollution Control has issued a new guidance document directed at applicants for air permits associated with dehydration facilities (primarily midstream companies and natural gas compressors). The guidance notes that Ohio EPA has recently received applications for dehydration facilities that did not contain sufficient information for the agency to process the… Read More »

Northern Long Eared Bat To Be Designated as Threatened, not Endangered – Litigation Immediately Begins

On April 2, 2015, the U.S. Fish and Wildlife Service (FWS) announced that it would be listing the northern long-eared bat as threatened, rather than endangered, as it had originally proposed in October of 2013. The listing gives the bat new protections but does not impose all of the requirements that would have been applicable… Read More »

Ohio EPA Seeks Early Stakeholder Input on Sulfur Dioxide Rules

Ohio EPA is seeking early stakeholder input[1] on potential amendments to Ohio’s sulfur dioxide regulations as part of the five-year rule review process mandated by ORC §119.032. The rules, which are found at Ohio Administrative Code Chapter 3745-18, contain requirements for the prevention of sulfur dioxide emissions into the atmosphere from fuel burning and process equipment.… Read More »

Ohio EPA seeks comments on US Army Corps of Engineers’ Report

Ohio EPA is seeking public comments on a U.S. Army Corps of Engineers’ report entitled “Influence of Open-Lake Placement of Dredged Material on Western Lake Erie Basin Harmful Algal Blooms” and the Corps’ position on open lake disposal of dredge material in Lake Erie. The report, which analyzes the potential contribution of open lake disposal of… Read More »

Horizontal Well Completion Permit by Rule Proposed by Ohio EPA, Open for Interested Party Comment

Ohio EPA has announced a proposed new “permit-by-rule” that would cover emissions associated with horizontal well completion operations. The proposed rule language is open for Interested Party Review as part of the bigger package of proposed changes to the NSR Permitting Program Rules in OAC Chapter 3745-31. 

Does New Ohio EPA Policy Means Less Familiarity With Sources? Agency to rotate inspectors and permit writers every 5 years

Craig Butler, the Director of Ohio EPA, recently announced a new initiative by which agency staff will rotate throughout the various districts and divisions of the agency starting this fall. The letter, dated September 30, 2014, states that the new rotation policy is intended to help foster consistency among agency offices. “We believe staff rotation… Read More »

Congress Tries to Reign in US EPA Rulemaking on Waters of the United States

On September 9, 2014, the United States House of Representatives passed H.R. 5078, a bill that would prohibit EPA and the U.S. Army Corps of Engineers from finalizing the Waters of the United States rulemaking that was proposed earlier this year. The bill, which was passed by a vote of 262 to 152, would instead… Read More »

EPA and Army Corps of Engineers Propose Clarifications to Scope of Clean Water Act Protection

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are proposing a new rule which they say will clarify the scope of waters protected under the Clean Water Act (CWA).  The question of which isolated streams and wetlands qualify for protection under the CWA has been in dispute for more than… Read More »

Use of Diesel Fuels in Hyrdraulic Fracturing Subject to UIC Permitting, Says EPA

US EPA sent a memorandum to its Regional Administrators as well as state agency directors transmitting new technical guidance clarifying the requirements under the Underground Injection Control (UIC) program for hydraulic fracturing activities involving diesel fuels. The memorandum explains how under existing Safe Drinking Water Act (SDWA) requirements and EPA’s UIC regulations, any owner or… Read More »