Insights & Resources

Back To Insights & Resources

Ohio EPA releases draft Storm Water General Permit for pipeline projects

Monday, May 21, 2018

By Frank L. Merrill, Christine Rideout Schirra

Ohio EPA has released a draft Construction Storm Water General Permit for Oil and Gas Linear Transmission Line and Gathering Line Installation for public comment. According to Ohio EPA, the draft permit is a “non-NPDES” permit issued under state law and would apply outside of the federal storm water construction exemption for these types of projects. The draft permit requires the development and implementation of a storm water pollution prevention plan (SWP3) and a horizontal directional drilling (HDD) contingency plan. The permit will be necessary for construction activities disturbing five or more acres.

A public informational session is scheduled for Tuesday, May 22, 2018, from 2:30-4:00 p.m. A public hearing on the draft permit has been scheduled for Wednesday, May 30, 2018, at 3:00 p.m. Both events will be held at Ohio EPA’s Central Office in Columbus, Ohio. Public comments should be submitted to Ohio EPA by June 6, 2018.

This is for informational purposes only. It is not intended to be legal advice and does not create or imply an attorney-client relationship.

Download PDF

Authors

Frank L. Merrill Partner

Columbus 614.227.8871 VCard

Christine Rideout Schirra Partner

Columbus 614.227.8810 VCard

Related Insights

U.S. Supreme Court Issues Decision in Sackett v. EPA Clean Water Act Case

What is an “Energy Community” – IRS Provides Guidance on Key Aspect of the Inflation Reduction Act

Judge Carr Approves Consent Decree Resolving Lake Erie Algae Bloom Litigation

Inflation Reduction Act (IRA): Advanced Manufacturing Product Credit – A cheat sheet

EPA proposes to regulate PFAS in drinking water

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

Local government incentives available under Inflation Reduction Act

Inflation Reduction Act: Direct payments to nonprofits and political subdivisions for clean energy projects

Ohio Utility Scale Solar: A recap of 2022 and looking ahead to 2023

U.S. EPA issues final WOTUS definition

No Chevron Deference in Ohio

EPA amends rule which incorporates the new ASTM E1527-21 standard into its standards and practices for all appropriate inquiries

First OPSB-approved battery energy storage system

OPSB approves first solar-powered electric generation facility on reclaimed coal mine land

Ohio's New Ephemeral Stream Law

Attention Ohio energy developers: Ohio Power Siting Board issues proposed rule revisions

Governor DeWine signs legislation for Ohio to seek primacy over class VI injection wells for carbon sequestration

EPA publishes rule to incorporate the new ASTM E1527-21 standard into its standards and practices for all appropriate inquiries

Summary of Cleveland Electric Illuminating Co. v. Cleveland

Lead in drinking water: Change (and opportunity!) on the horizon

U.S. Supreme Court accepts WOTUS jurisdictional question

ODOD releases rules and program guidelines for Brownfield Remediation Program and Building Demolition and Site Revitalization Program

U.S. EPA issues proposed revised WOTUS definition

Community solar legislation introduced in Ohio General Assembly

Ohio EPA issues water quality certification for NWPs

Federal court vacates and remands Trump administration federal wetlands rule

Understanding the current resources for expanding broadband connectivity

New Ohio budget invests $500M in brownfield revitalization, demolition of vacant commercial and residential property

Ohio General Assembly passes S.B. 52: Changes to wind and solar siting requirements

Power purchase agreements for school districts

U.S. EPA and Army Corps to repeal and replace Navigable Waters Protection Rule

Proposed amendments to risk management program rules

Ohio EPA waiver of 401 water quality certification for 2021 nationwide permits

Ohio Supreme Court: Eminent domain just compensation trials for electric transmission line easements must wait while necessity of appropriation on appeal

Biden administration makes energy and environmental picks, begins confirmation process

Ohio Supreme Court issues another major decision for surface and mineral owners in Ohio

Ohio Supreme Court holds that both the MTA and DMA apply to mineral interests in West v. Bode

U.S. EPA removes Ohio’s air pollution nuisance rule from Ohio’s SIP

FirstEnergy’s push into the power broker/aggregator market draws opposition in Ohio and Pennsylvania

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

D.C. Circuit bars long-standing FERC rehearing tolling practice

PUCO grants request to suspend door-to-door marketing

Trump administration's executive order waives permitting requirements to speed economic recovery

FERC commissioners dispute natural gas project approvals

Ohio House Public Utilities Committee unveils H.B. 246

Navigable Waters Protection Rule published to Federal Register

Ohio Power Siting Board approves solar farm amidst pandemic

Ohio EPA guidance for navigating compliance-related issues during COVID-19

US EPA issues temporary enforcement policy in wake of COVID-19

Potential impacts of H.B. 197 on Ohio EPA regulated entities

Ohio EPA’s power plant efficiency rules

Summary of 2019 legislative energy trends

PUCO provides guidance in light of declared state of emergency

PUCO suspends in-person filings

Utilities temporarily halt disconnections

Force majeure provisions: Dusting off a law school exam topic for the COVID-19 pandemic

Hydraulic fracturing and subsurface trespass in Pennsylvania: Briggs v. Southwestern Energy Production Co.

PACE offers innovative financing for significant energy efficiency and renewable energy improvements

Takeaways from the 2019 Solar + Storage Midwest Conference for the Ohio Solar Sector

Amendment introduced to prohibit foreign ownership in critical infrastructure in Ohio

Ohio Supreme Court decision addresses certificate amendments and setback waivers for wind projects

Supreme Court declines to overrule Auer deference

Ohio Supreme Court decides: FirstEnergy grid modernization rider unlawful

Court finds that Brooklyn landfill solar project does not violate Ohio Constitution

Got coverage? What to consider in the wake of the Ohio Supreme Court’s ruling on Ohio Northern University v. Charles Construction Services, Inc.

Supreme Court review denial favors pipeline company

2018 lame duck summary and 2019 budget and legislative preview

Takeaways from the 2018 Solar Power Midwest Conference for the Ohio Solar Sector

Village terminates water service for failure to pay street light service fees

Property Assessed Clean Energy (PACE) Financing: The Ohio Story

Second Circuit follows lead of Seventh: Nuke subsidies upheld

Ohio kicks off interconnection rulemaking: Implications for distributed generation

Ohio law requires oil and gas land professionals to hold broker’s license to be compensated

PUCO approves energy efficiency rebates for Sofidel America’s combined heat and power systems

7th Circuit Court of Appeals affirms Illinois subsidy for nuclear generation facilities

Ohio EPA releases proposed pretreatment and IDP rules

Kasich issues Executive Order to protect Lake Erie

Outcome of utility rate cases could mean $20 million in battery storage projects for Ohio

New legislation allows for challenges to Ohio EPA TMDLs

Should oil and gas leases require a real estate license?

The Energy Revolution of 2018: A look at Ohio’s energy storage landscape

Wireless bill ready for Kasich’s signature

Ohio EPA issues final NPDES construction storm water general permit

OPSB Wind Rules, Ohio Administrative Code amended

New Ohio EPA legislation to address phosphorus discharges

Ohio EPA issues 2018 Integrated Water Quality Monitoring and Assessment Report, identifying the open water of the Western Basin of Lake Erie as impaired

Ohio EPA releases draft NPDES construction storm water general permit

Potential legislation may require Wastewater Treatment Plants to limit phosphorous concentration levels

Court refuses to compel ODNR to commence appropriation proceedings

Ohio-specific universal waste rules

The PUCO initiates an investigation regarding the impacts of the Tax Cuts and Jobs Act

Potential benefits of microgrids for hospitals

Ohio Supreme Court refuses to recognize an implied covenant to explore further

Ohio legislature considers expansion of broadband service for underserved areas

Court rules in favor of Eclipse in oil and gas lease case

The PUCO adopts net metering rules

Qualified energy project exemptions: New DSA regulations

Ohio federal court decides that Ohio would apply “at the well” rule in oil and gas royalty dispute

Takeaways from the 2017 Solar Power Midwest Conference for the Ohio Solar Sector

Does fixed mean fixed? The PUCO stays its fixed-means-fixed guidelines

Summit and Franklin County judges split on “Single Subject Rule” violation in Sub. S.B. 331 litigation

Tangling with the EPA: How to handle a notice of violation

Ohio Supreme Court accepts ‘petroleum’ decision for review

The ABCs of solar PPAs for public sector entities

Court holds Ohio wind farm’s bird data is confidential

PUCO seeks appointment of receiver for Youngstown Thermal

Ohio Supreme Court validates use of ratepayer funds for pollution clean up

The PUCO determines it will police the prices of submetering companies

Ohio Supreme Court affirms Fourth District Court of Appeals, holds that lease did not terminate after energy companies failed to pay minimum annual rental fees

Franklin County judge grants municipalities’ motion for partial summary judgment on “one-subject” issue in Sub. S. B. 331 litigation

PUCO announces "grid modernization" initiative

House Bill 49 total maximum daily loads (TMDL) rule

New legislation proposes public water systems asset management requirements

Recent environmental regulatory developments

U.S. Supreme Court denies certiorari for Walker DMA case

Consequences of First Energy’s Electric Security Plan rehearing decision

Ohio Courts of Appeals affirm authority to conduct land surveys for natural gas pipeline project

Ohio Supreme Court holds 1989 version of Ohio Dormant Minerals Act is NOT self-executing

School lead sampling grants available

EPA issues a final rule regarding “Source Determination for Certain Emission Units in the Oil and Natural Gas Sector”

Minster’s municipal solar and storage facility now operating

U.S. Supreme Court decision may undercut recent PUCO decisions approving ratepayer-subsidized power purchase agreements for Ohio utilities

Renewable energy, energy efficiency and advanced energy provisions in AEP and FirstEnergy PPA decisions

Regulatory requirements for lead in public water systems

PUCO urged to consider aggregate and virtual net metering

Three PUCO dockets to watch in early 2016

Battery energy storage reaches highest levels in 2015

Court permits pipeline company to access private property

First-of-its-kind municipal solar and storage project under construction in Minster, Ohio

Community solar investors may qualify for federal tax credits

PUCO releases “Ohio Long Term Forecast of Energy Requirements” report

Ohio selected for two energy storage projects

Will a complaint to regulate submeters lead to the regulation of onsite distributed generation as public utilities?

Net metering in the spotlight

Regional approach to CPP’s carbon reduction targets may save $10 billion

Using governmental aggregation to achieve clean energy goals

A look at 2014’s top four advanced energy stories in Ohio

Ohio responds to EPA’s proposal to reduce emissions by 28 percent

Ohio farmers increasingly adopt solar energy for price stability

Energy storage in Ohio and its potential to advance renewable energy

Ohio’s Seventh Appellate District reverses Monroe County Trial Court, holds form lease valid

The PUCO begins process of implementing Senate Bill 310

The economics of PJM and energy efficiency in Ohio

New natural gas generation coming online in Ohio

U.S. Supreme Court decision limits greenhouse gas regulations

State, regional and federal dynamics — impacting Ohio’s energy landscape

PJM’s base residual auction kicks off amid market concerns

March Madness: Ohio’s competitive retail electric market, the freeze of Ohio’s renewable and energy efficiency mandates and PUCO Chairman's last week

A “fixed-rate” is only as good as the fine print: FirstEnergy Solutions customers to face additional charges due to polar vortex

Bipartisan energy efficiency bills gain traction in both the U.S. House and Senate

Impact of the solvent wipe rule in Ohio

Significant demand response activity at PJM in January

Municipal electric and natural gas aggregation — a win-win for municipalities and residents

A look at new vehicles for renewable energy project financing: MLPs, REITs and Crowdfunding

The ABCs of PPAs

Important pipeline decisions from FERC

Pennsylvania Supreme Court holds key provisions of Act 13 unconstitutional

Ohio S.B. 221: A summary of its advanced energy and energy efficiency provisions - updated January 2014

Recent FERC Orders Bolster Energy Storage

National Association of Regulatory Utility Commissioners holds 125th Annual Meeting

Ohio Ballot Board Approves Green Energy Amendment Issue to Collect Signatures for the November 2014 Ballot

Commission Approves Stipulation and Duke Energy’s Request to Recover Environmental Remediation Costs

U.S. Supreme Court Agrees to Hear Greenhouse Gas Appeals

An Environmental Class Action Complaint: <i>Bell v. Cheswick Generating Station</i>

Demand Response reaches all-time high in PJM

Tenth District Court of Appeals court decision represents victory for municipalities of regulation of nutrient pollution

Sub. S.B. 58 Proposes Significant Changes to Both Ohio's Renewable Portfolio Standards and Energy Efficiency Requirements

Duke Energy Seeks PUCO Approval for Energy Efficiency and Demand Management Programs, Including CHP

Bipartisan energy efficiency bill arrives to U.S. Senate floor

Municipalities take electric aggregation measures to the ballot box as competitive rates emerge

PUCO directs FirstEnergy to refund millions to ratepayers and adopts three percent cost cap methodology

New Federal and Ohio Environmental Regulations on Emergency Generators Create Opportunities — and Confusion — for Businesses

Reducing States' Renewable Energy Standards Largely Unsuccessful

Ohio Power Siting Board approves several generating facilities

Base Residual Auction Shows Decline in Electric Capacity Prices for 2016/2017 Delivery Year

Ohio utilities file 10-year plans to meet state’s renewable energy requirements

Regaining Ownership of Severed Oil and Gas Mineral Rights in Ohio

Why Every Municipality Should Consider Aggregation as a Service to Residents

The infrastructure boom in eastern Ohio's shale play

Advanced Energy Economy Ohio testifies in support of state’s energy efficiency standard

Volatile Energy Prices and Regulatory Upheaval: Why Every Municipality Should Consider Aggregation as a Service to Residents

Ohio agencies release joint report on the use of compressed natural gas in the state vehicle fleet

Ohio Court Weighs In on CERCLA Contribution/Cost Recovery Debate

Ohio Senate Public Utilities Committee Chairman announces plan to reexamine the state’s renewable energy and energy efficiency standards

Ohio Appellate Court Rules that State’s Oil & Gas Drilling Statutes Preempt "Home Rule" Power

Ohio Supreme Court Clarifies Air Pollution Penalty Calculation

PUCO proposes amendments to net metering rules, provides opportunity for parties to weigh in

Governor Kasich Signs Far-Reaching Energy Bill Into Law

<i>Sierra Club v. Korleski</i> and the Ohio Best Available Technology Rule: Wine Turned into Vinegar for the Sierra Club

U.S. Supreme Court Sides with Property Owners Over U.S. EPA on Wetlands Compliance Order

Solar and Wind Industries – Ohio Tax Summary

PACE Financing Emerges As Project Financing Tool

With Fracing Comes Litigation: What Ohio Courts Can Expect As Horizontal Drilling and Hydraulic Fracturing Begin

Ohio General Assembly Reforms Renewable and Advanced Energy Tax Policy

Governor Kasich Signs Two-Year SB 232 Extension Into Law

Ohio House Bill 133: New Opportunities for Oil and Gas Development on State Lands

Ohio Bureau of Workers Compensation Reclassifies Solar Installation Risk

Utica and Marcellus Shale Natural Gas Development Presents New Opportunities, New Challenges for the State of Ohio

Columbus

Cleveland

Cincinnati

Dayton

Marietta

Barnesville

Lebanon