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  May 17, 2011

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Marcellus and Utica Shale Natural Gas Play - Part 2, Horizontal Drilling and Hydraulic Fracturing  

The MarcellHydraulic Fracking Protestorsus and Utica Shales are the new major natural gas and natural gas condensate play in the Midwestern US. Along with it comes the promise of a large number of high paying jobs, a major revenue stream for cash-strapped states, and a relatively clean source of home-grown energy.  Getting the gas and condensate out of the ground requires horizontal drilling and hydraulic fracturing.  To many people, horizontal drilling and hydraulic fracturing sounds like trouble.  Is it? 
                                                               

Bill Introduced to Consolidate DOE and EPA   

On May 5, Senate Republicans introduced legislation that would combine EPA, the Department of Energy, the Federal Energy Regulatory Commission, and a new Nuclear Security Administration under one agency to be called the Department of Energy and the Environment.  The bill, S. 892 has been referred to the Committee on Homeland Security and Governmental Affairs.  The new name suggests that the emphasis will not be on the environment.  Look for more on this in the June edition of Focus on the Environment.

Recent Draft Guidance Seeks to "Clarify" Clean Water Act Jurisdiction                                      Wetland

On the heels of the Solid Waste Agency of Northern Cook County (SWANCC) and Rapanos Supreme Court decisions, jurisdictional determinations of waters of the United States were narrowed significantly, including wetland protection under the Clean Water Act. Recently released guidance provides "clarification" on the EPA and Army Corp's interpretation of the significant nexus standard and will likely increase the number of waters found to be subject to CWA jurisdication.

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EPA's New Construction General Storm Water Permit Includes More Stringent Requirements

In support of recently published effluent limitation guidelines and new source performance standards for construction projects, EPA has proposed a number of modifications to their 2008 construction general stormwater permit.  The proposed construction permit is currently out for public comment and provides stricter requirements, including an effluent turbidity limit for larger construction projects.

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Ohio EPA Requesting Comments on Groundwater Sampling Guidance

Ohio EPA is requesting comments on Chapter 10 (Groundwater Sampling) of the Division of Drinking and Groundwaters' Technical Guidance Manual for Hydrogeologic Investigation and Groundwater Monitoring (TGM).  The revised draft chapter is available as a redline strike out version on the division's website.  Cox-Colvin will be providing input on the revised draft chapter.  Ohio EPA will accept comments through June 16, 2011.
 

Coal Combustion Residuals - An Update

Nearly one year and 450,000 comments later, EPA is suggesting that they’ll provide  stakeholders with another opportunity to comment on the controversial proposed rules on the management of coal combustion residuals (CCRs). At the same time, lawmakers have introduced bills blocking EPA from regulating CCRs under subtitle C. Given this and the upcoming elections, what does the future hold for the proposed rule?
 

Ohio's Industrial General Storm Water Permit

Ohio’s current permit for storm water discharges associated with industrial activity will expire on May 31, 2011.  The renewal permit mirrors EPA’s current Multi-Sector General Permit (MSGP). The MSGP provides prescriptive requirements based on industry sector, resulting in less confusion in identifying Storm Water Pollution Prevention Plan (SWP3) requirements and more effective best management practices.  With this new permit, facilities will need to be more active in demonstrating compliance as compared to the existing industrial general permit.
 
                                                       

Coming Soon...
  • The ANPR for Corrective Action turns 15 years old - the impact of this important document  
  • Ohio EPA to monitor groundwater at older CD&D landfills using tax on disposal fees 
     
  • Consolidating DOE and EPA?
  • Marcellus and Utica Shale -   Part 3
  • And more
 
 
 
 
 
Cox-Colvin staff presenting at 
May 17 -19, 2011
Chicago, IL
Visit us at Booth 59
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Cox-Colvin & Associates, Inc.

7750 Corporate Blvd. • Plain City, Ohio 43064
Ph: 614-526-2040 • www.CoxColvin.com