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.