Ohio EPA Re-Affirms Commitment to Assume Clean Water Act Section 404 Responsibilities

At a recent wetland conference in Canton, Ohio, Ohio EPA Director Scott Nally re-affirmed the Agency's commitment to assuming Clean Water Act Section 404 responsibilities from the US Army Corps of Engineers (Corps). According to Director Nally, assuming 404 responsibilities would streamline the permitting process, greatly reducing review time and ultimately allowing for faster responses to applicants. [See October 2012 Focus on the Environment newsletter]. Director Nally indicated that Ohio EPA would petition to assume 404 responsibilities regardless of receiving funding from the Federal government for the program. In Ohio, about 70% of wetland permits submitted to the Corps are from the Ohio Department of Transportation. If Ohio EPA were to assume 404 responsibilities, wetland permit fees would stay within the State, and, as indicated by Director Nally, Ohio EPA ultimately would need to fund only 30% of the total 404 permit review budget. In order to assist with the Agency's expanding role in wetland permit review, Director Nally proposed a certified professional (CP) type program for wetland professionals. Presumably, a wetland CP program would be fee based, similar to Ohio EPA's Voluntary Action Program (VAP), with wetland CPs consisting of experienced professionals conducting wetland-related activities with minimal ongoing involvement. Watch for updates in future Cox-Colvin Focus on the Environment newsletters.

GAO Reports: Regulatory Challenges Associated with Unconventional Oil and Gas Development

At the request of the Senate Environmental Panel, the Government Accounting Office (GAO) prepared two studies on the emerging North American shale oil and gas market. The reports, which are well researched and well written, present a good overview on the current status of the industry. Also included is a review of regulatory frameworks and challenges faced in six states, including Colorado, North Dakota, Ohio, Pennsylvania, Texas, and Wyoming.

A general lack of baseline groundwater data was noted as a source of the uncertainty as to how, or if, these new development techniques may impact drinking water supplies. This sense of a general lack of baseline data is mirrored by US EPA, which has called for a "Request for Information to Inform Hydraulic Fracturing Research Related to Drinking Water Resources" published in the November 9, 2012 Federal Register.
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Vapor Intrusion: Spatial Variation

Cox-Colvin's October 2012 Focus on the Environment newsletter discussed variability in airborne vapor concentration over time and its relation to Vapor Intrusion (VI). However, at least in soil gas, temporal variation may be less of a problem than spatial variation.
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Ohio EPA Petitions to Assume Clean Water Act Section 404 Responsibilities

In September 2012, regulators and interested parties from across the nation were in Washington, DC for a House of Representatives hearing on the delegation of the Federal Clean Water Act Section 404 program to the States.  George Elmaraghy, P.E., Chief of Ohio EPA's Division of Surface Water, gave testimony in support of assumption of the 404 program by Ohio EPA.
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Battelle Study Sheds Light on UST Tank Corrosion

Battelle recently released a study regarding corrosion in diesel Underground Storage Tanks (USTs). The report "Corrosion in Systems Storing and Dispensing Ultra Low Sulfur Diesel (ULSD), Hypotheses Investigation," links ethanol to corrosion in USTs, even though ethanol isn't a component of diesel. The report suggests ethanol is finding its way into ULSD tanks through fuel equipment shared with ethanol-blended gasoline. The report concludes that corrosion is likely being caused by acetic acid produced by Acetobacter bacteria, which feeds on low levels of ethanol present as a contaminant in ULSD tank systems. In the presence of water, the bacteria ferments the ethanol and forms acetic acid. Corrosion associated with ethanol is suspected to be worse with smaller amounts of ethanol than with fuels blended with 10 percent ethanol or higher. Fuels with higher ethanol concentrations draw excess water from condensation into the fuel, reducing corrosion risk.

Vapor Intrusion: Temporal Variation

Our September 2012 Focus on the Environment e-newsletter discussed issues with the proposed short-term limit for trichloroethene (TCE) in air.  Variability in airborne vapor concentrations over time continues to pose a concern in Vapor Intrusion (VI) and could lead to significant policy changes.
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EPA to Propose Hazardous Waste Rules for Pharmaceutical Waste

Based on the growing realization of the presence of pharmaceutical chemicals in our nation's surface water and groundwater, and a recent report by the Inspector General critical of EPA, the agency plans to propose hazardous waste rules for pharmaceutical waste in August 2013.  All of us contribute to this problem, and it'll take more than regulation of the health care industry to keep pharmaceuticals out of our nation's waters.
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Ohio EPA Provides Guidance for Solid Waste Landfills Accepting Drilling Waste

Recent development of the shale oil and gas industry will mean a big increase in drilling-related wastes in the State of Ohio. Drilling-related wastes that are transported off-site for disposal are considered solid waste under Ohio regulations. Some of this waste will require solidification before it can be disposed in a regulated solid waste landfill. On September 18, 2012, Ohio EPA's Division of Materials and Waste Management published an advisory to assist landfill facilities in obtaining the necessary authorizations to conduct solidification and disposal of drilling-related waste.
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E-Manifest Bill Signed by President Obama

A bill authored by U.S. Senator John Thune that would modernize the way industry and state and federal governments track the shipment of hazardous waste was signed into law by President Obama on October 5, 2012. The Hazardous Waste Electronic Manifest Establishment Act (S. 710) modernizes a 25-year old requirement by the EPA which mandates that businesses provide carbon copy paper manifests to accompany waste materials from their origin to ultimate storage or disposal - commonly referred to as "cradle to grave" documentation.
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