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Ohio Vows to Leave National Association of Clean Air Agencies
Ohio has vowed to leave the National Association of Clean Air Agencies (NACAA) over non-consensus support of recent US EPA rule-makings and guidance. In addition, Ohio is spearheading the development of a competing group of state air officials. The NACAA currently represents air pollution control agencies in 53 states and territories and over 165 major metropolitan areas across the United States.
Forensic Site Evaluation: Part 2 - The Site Inspection
 As noted in Part 1 of this series, the chances of obtaining useful first-hand knowledge concerning the environmental history of a site dwindle with each passing year. Because of this, the environmental professional must make the most of the site inspection, especially when it concerns brownfield sites. Could a geographic information system (GIS) application help?
BUSTR Class C Releases Now Eligible for VAP
As of September 28, 2011, legislation became effective allowing Ohio Voluntary Action Program (VAP) volunteers to follow VAP cleanup requirements to address petroleum releases from USTs, as long as the release is designated by BUSTR to be a "Class C" release.
A Class C release is defined as a release of petroleum occurring or identified from a UST system subject to BUSTR rules, where the responsible person for the release is not capable of completing the required corrective actions. Volunteers now have the option to address the release either through BUSTR or VAP rules. However, responsible parties cannot address the release through VAP, and aren't eligible to receive a covenant not to sue from Ohio EPA until the release is addressed under BUSTR. More information is available at DERR's BUSTR Class C website.
EPA Issues Recommended Evaluation of Institutional Controls
 If institutional controls are an element of your CERCLA remedy, you need to familiarize yourself with OSWER's new directive concerning the periodic evaluation of such controls. Although the directive applies specifically to CERCLA sites, you can expect it to be adopted and applied more broadly to other sites as well.
EPA Releases Health Assessment for TCE
After 20 years of study, EPA has released the final health assessment for trichloroethylene (TCE). TCE frequently is found in soil, groundwater, and subsurface vapors at Superfund and Corrective Action sites across the country. Results of the assessment probably will result in the reevaluation and likely lowering of some risk-based environmental standards for TCE.
PA Governor Moves to Implement Marcellus Shale Advisory Committee Recommendations
On October 3, 2011, Pennsylvania Governor Tom Corbett announced plans to implement many of the recommendations of the Marcellus Shale Advisory Commission, including stricter environmental standards on setbacks, increased penalties for civil violations, and implementation of an impact fee on each well drilled. The revenues from greater fines and well fees are slated to be used, in part, to fund construction of natural gas fueling stations and natural gas  mass transit vehicle fleets. According to the Governor's Office, other recommendations of the Commission are policy-oriented and can be accomplished within state agencies. The Governor's plan does not appear to address disposal options for flow back or production water. Pennsylvania is at the center of the Marcellus shale gas boom, thanks in part to the use of horizontal wells and hydraulic fracturing. As producers begin to look seriously to Ohio, for primarily the Utica shale gas play, expect to see similar changes from Ohio.
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