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2010 SWOC of A&WMA: Legal Issues Update

2010 SWOC of A&WMA: Legal Issues Update. “Year of the _______” April R. Bott, Esq. Thanks for having me!. BLG is an Env./Energy/N.R. Boutique My background… What we do… Which leads me to…. Litigation/Enforcement. Air & the Feds. Air-National Priorities Air-The Feds in Ohio

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2010 SWOC of A&WMA: Legal Issues Update

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  1. 2010 SWOC of A&WMA:Legal Issues Update “Year of the _______” April R. Bott, Esq.

  2. Thanks for having me! • BLG is an Env./Energy/N.R. Boutique • My background… • What we do… • Which leads me to…

  3. Litigation/Enforcement

  4. Air & the Feds • Air-National Priorities • Air-The Feds in Ohio -Past year…17 USEPA actions -5 Consent Agreements -Major Sources (major mod/permit violations)

  5. Air & Ohio • Ohio EPA has filed 48 enforcement cases since Jan. 2010 -3 Consent Orders -Director’s Findings and Orders • Wide range of industry sectors

  6. DAPC’s Trial • State v. Shelly Holding Co. -Claims against more than 20 HMA plants and portable generators dating back to 1972 -Court’s decision addressed many areas of DAPC’s programs -Civil Penalty: $350,123 -State appealed—pending in 10th

  7. New Air Laws Upon Us… • The Impact of the Tailoring Rule • Revised NAAQs and Non-Attainment • NESHAPs/MACTs

  8. Waste & Ohio • 11 HW cases and 7 SW cases • SW cases range: $10,000-1,293,759 • HW cases range: $0-180,000 • The cases: -Trans Rail -Spencer v. Korleski -Buckeye Power -Stark-Tusc JSWMD

  9. New Regulations • Proposal from USEPA to regulate coal combustion residuals—new comment period through Nov. 19, 2010. • New Ohio H.W. regulations—effective and wide-ranging

  10. Questions? April Bott Bott Law Group (614) 761-2688 abott@bottlawgroup.com

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