EPA Review- Ohio

Sept 23, 2001

The U.S. Environmental Protection Agency Region 5 has released to the public a draft report of its review of Ohio environmental programs, in response to a petition dating back to 1997. More specifically the review deals with administration and implementation of the federal Resource Conservation and Recovery, Clean Water, and Clean Air Acts. It also reviews Ohio's legal enforcement offices and criminal enforcement program.

EPA's preliminary conclusions in the draft report indicate that grounds do not exist to begin proceedings to withdraw or revoke either the Resource Conservation and Recovery or Clean Water programs. In addition, the draft makes recommendations for solutions to current weaknesses in the Clean Air programs that, if implemented, would eliminate any possible need to withdraw the program. The draft report also recognizes that the state's legal environmental enforcement is strong and the criminal environmental enforcement program is considered "among the best in the nation."

"This draft report, which reflects extensive study and review, will serve as an important tool in making sure that Ohio's programs operate in a manner that ensures that Ohio and its citizens continue to experience significant environmental improvements," said EPA Administrator Christie Whitman.

"Overall, Ohio continues to make progress in protecting the environment. Nonetheless, there is work to be done, together. Concerning Clean Water programs, Ohio has committed to actions that will allow its continued administration of these programs. For the Clean Air programs the report clearly identifies steps that must be taken by Ohio to prevent any future proceedings that could revoke the state's delegation of those programs. The EPA will work closely with Ohio to implement these changes," said Whitman.

EPA has been reviewing certain Ohio environmental programs since January of 2000, in response to a petition submitted on behalf of Ohio Citizen Action, the Ohio Sierra Club, the Ohio Environmental Council (subsequently replaced by the Ohio Public Interest Research Group), and Rivers Unlimited. That petition (as later amended and supplemented) asks EPA to withdraw and/or revoke its authorization, delegation and/or approval of the Ohio Environmental Protection Agency's Resource Conservation and Recovery Act hazardous waste program and Solid Waste Management Plan; Clean Water Act National Pollutant Discharge Elimination System program; and Clean Air Act Standards of Performance for New Stationary Sources, New Source Review, Prevention of Significant Deterioration, Noncompliance Penalty, and Title V programs.

EPA has asked the state to review the draft document and provide comments within 30 days. After providing the public at least 30 days to review the report, EPA will hold a public meeting in Columbus, Ohio. That will be followed by a 30-day comment period, after which the report will be finalized.