The MD Ohio Environmental Update     Edited by Sarah J. Staley Environmental l  Toxic Tort l  Litigation July 2010     To Our Clients and Friends,   McMahon DeGulis LLP is pleased to bring you our monthly Ohio Environmental Update.  This Update features important state and federal cases, statutory and regulatory changes, and policy initiatives affecting environmental law in Ohio.  New links will be posted throughout the month on our related blog.  Please visit our blog at www.mdohioenvironmentalupdate.blogspot.com.   We hope you find the Update interesting and helpful, and we would be grateful for any feedback you might have.  Thank you.     Federal Court Cases: US v. Washington State Dept. of Transp., No. 08-5722RJB (W.D. Wash. June 7, 2010). Washington State Department of Transportation (WSDOT) constructed a drainage system to protect a roadway from water damage.  Coal tar migrated from the adjacent soil through the drainage system and into a nearby waterway.  The Court held that WSDOT is strictly liable under CERCLA as an arranger for the contamination.  Ohio joins four other states in filing new lawsuit against the Obama Administration to prevent the spread of Asian Carp into the Great Lakes. Filed in the Northern District of Illinois, the suit alleges claims under the Administrative Procedures Act as well as a claim for public nuisance.  Statutory and Regulatory Changes: U.S. EPA proposes new rule to reduce fine particle and ozone pollution in the eastern United States. The new rule, known as the “Transport Rule,” would include requirements for reductions in SO2 and NOx emissions and allows for units to opt-in to a proposed emissions trading program.  U.S. House of Representatives to debate Toxic Chemicals Safety Act of 2010.  If passed, the Act would widely expand the reporting and testing obligations already required of the chemical industry.   Ohio EPA issues draft amendments to align Ohio regulations with the federal Greenhouse Gas Tailoring Rule. Comments due August 13, 2010.  Ohio EPA issues draft antidegradation rule. The new rule details applicability of exemptions for existing sources and clarifies procedures regarding a water body’s pollutant assimilative capacity.  Comments are due August 19, 2010.  Policy Initiatives: Ohio EPA revises memorandum regarding the small source BAT exemption.  The revisions describe DAPC’s approach to determining BAT for sources that emit under ten tons per year and became effective on July 2, 2010.  Ohio EPA updates Hazardous Waste Tank Advisory. The changes aim to facilitate review of Part B permit application and affect external concrete liners.  Ohio EPA issues overview of groundwater quality in Ohio.  The report summarizes data on the quality of Ohio’s major aquifers.  Ohio Department of Natural Resources announces the re-opening of the Conservation Reserve Program. Under the program, farmers and other land owners plant grass, trees and shrubs to protect soil and water and add wildlife habitat to the landscape.  In return, program participants ensure income on touch-to-farm and low producing areas.  Enrollment begins Monday, August 2, 2010.  News: U.S. EPA acts to ensure proper cleanup of Enbridge Spill in Michigan.  Over 800,000 gallons of crude oil have spilled to date.     To unsubscribe from our Update, please email us at envlaw@mdllp.net.

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