Workshop AA New & Emerging Water Management Issues … Ohio Water Quality, Permitting, Regulatory Initiatives, Compliance & Enforcement Developments Wednesday, March 27, 2019 8:00 a.m. to 9:15 p.m.
Biographical Information William H. Haak, Founder, Haak Law LLC Cleveland, Ohio 216.772.3532 whh@haaklawllc.com William H. Haak is the Founder of Haak Law LLC (www.haaklawllc.com) – an environmental, health & safety legal and consulting firm based in Cleveland, Ohio. He has nearly 20 years of experience in occupational safety law and worker safety, and 25 years of experience in environmental law (including extensive experience in air pollution control law and multi-media environmental compliance). Mr. Haak practices nationally in the United States and consults globally on all matters related to the EHS field (plus security and crisis management). Mr. Haak graduated from The University of Akron (Business Finance) and Case Western Reserve University School of Law (J.D. with an emphasis on litigation and trial practice). Following law school, he worked as an Assistant Attorney General in the State of Ohio Attorney General’s Environmental Enforcement Section. As counsel to Ohio EPA, Mr. Haak’s practice was focused primarily on civil and administrative air pollution control cases. During his time with the Attorney General’s Office, Mr. Haak resolved civil environmental enforcement actions resulting in civil penalties totaling approximately $4 million. Prior to forming Haak Law LLC, Mr. Haak was Senior EH&S Counsel for General Electric. He supported GE’s Appliances and Lighting Businesses, and was engaged in complex air permitting issues for other GE businesses nationwide. Mr. Haak has also been Associate General Counsel – EH&S for Hexion Specialty Chemicals in Columbus, Ohio, and Senior Regulatory Law Counsel for Owens Corning in Toledo, Ohio. He served overseas in the former Soviet Union (Ukraine) as an Environmental Enforcement Specialist with the American Bar Association’s Central & East European Law Initiative ("ABA/CEELI"). Haak is a frequent lecturer to attorneys, engineers, and environmental professionals on topics concerning federal and state air pollution law. In addition, he has taught as an adjunct faculty member at the University of Central Florida in Orlando and Columbus State in Columbus, Ohio. From 2005 through 2018, Haak taught classes focusing on Air Pollution Law and Occupational Safety and Health Law at The University of Toledo College of Law as an Adjunct Professor.
Biographical Information Michael J. Gray, Attorney, Marathon Petroleum Company LP 539 South Main Street, Findlay, OH 45840 419-421-4505 migray@marathonpetroleum.com Mr. Gray is an environmental attorney for Marathon Petroleum Company LP. Mr. Gray serves as the environmental attorney for MPLX Terminals, Transport & Rail (“TT&R”) and Brand retail stations, which includes above ground storage tank and underground storage tank compliance. He is as the attorney for truck and rail DOT compliance and the legal officer for TT&R, Tier II, emergency responses. Prior to joining Marathon, Mr. Gray was an environmental attorney at Dinsmore & Shohl LLP in Cincinnati, Ohio. Mr. Gray is a veteran of the United States Air Force where he served as a civil engineer in locations such as Alaska and Iraq. He earned a Master of Science degree in engineering from the Air Force Institute of Technology and a juris doctor degree from Notre Dame Law School. Tiffani Kavalec, Chief, Division of Surface Water Ohio EPA, PO Box 1049, Columbus, OH 43216-1049 614-644-3538 Fax: 614-644-2745 tiffani.kavalec@epa.ohio.gov Tiffani Kavalec assumed the position of Ohio EPA’s Division of Surface Water (DSW) Chief in August, 2015. She has been with Ohio EPA since 1995 where she started as an Environmental Specialist in the Division of Environmental Response & Revitalization’s (DERR) enforcement program negotiating state and federal superfund actions. In early 2002, Tiffani became the manager of the Site Assessment and Brownfield Revitalization (SABR) Program which included working with the Ohio Department of Development to set environmental policy and outreach to local governments for Clean Ohio Funding of brownfield cleanups in Ohio. In 2009, she became the manager of DERR’s Assessment, Cleanup and Reuse (ACRE) section, where her duties included oversight of Ohio’s Voluntary Action, Federal Facilities, Remedial Response, Site Assessment, and Natural Resource Damages’ Programs. In February of 2014, Tiffani was asked to become the Assistant Chief of DERR. However, a mere five months later in August 2014, it was determined that Ohio EPA could use her skills as an Assistant Chief in DSW to directly oversee NPDES, PTI, Storm Water, 401, Isolated Wetlands, Enforcement & Compliance, and 319 grants. Tiffani received a bachelor’s degree in environmental science from Indiana University and completed more than three years of post-graduate work through the University of Findlay’s Environmental Management Program.
Ohio Water Update: Permitting, Regulatory Initiatives, and Compliance & Enforcement... March 27, 2019 William H. Haak Haak Law LLC HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
Introduction • S ession overview... • CWA cooperative federalism update • “ Enforcement vacuum” redux... • Toledo’ s new Lake Erie “ Bill of Rights” • PFAS overview, case study, and warnings... HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
Cooperative Federalism Update HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
Cooperative Federalism Update • Continued US EPA “ randomness” • S tates and tribes encouraged to take over wetlands permitting under CWA S ection 404 • Army Corps of Engineers directed to take a more active role in ensuring speedy 401 WQCs by states • Decrease in federal level enforcement by US EPA What’ s happening with enforcement at the state level? • HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
The Far Side of an Enforcement Vacuum HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
Reduced USEPA Activity Won’t Leave a Vacuum ource) # of Enforcement Cases (By S USEPA States Citizens (NGOs) “ Active” US EPA ( Left ) v. “ Passive” US EPA ( Right ) HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
Lake Erie and Algal Blooms • S tate of Ohio has invested $3B overall since 2011 - Monitoring and improving water quality - Eliminating the disposal of dredged material (2020) - Improving farming practices (manure and fertilizer) - Focus on nutrient runoff – especially phosphorus • Question of impairment dates back at least to 2012 • The City of Toledo’ s August 2014 drinking water crisis - Approximately 400,000 people impacted - Residents forced to drink bottled water for 3 days • Ohio EPA declares West Basin “ impaired” in 2018 HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
Toledo’s Lake Erie “Bill of Rights” • Direct response to 2014 Toledo water crisis • Amends City of Toledo Charter to give various rights to Lake Erie (as if it were a “ citizen” ) • Mirrors “ rights to nature” laws in other countries • Gives citizens of Toledo legal standing to sue polluters on behalf of Lake Erie • Passed in special election on February 25, 2019 by a margin of 61% to 39% (with only 9% turnout) • Challenged in court by farming interests the next day HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
Per- and Polyfluoroalkyl Substances (“PFAS”) What does ” PFAS” include? • - PFOA - PFOS - GenX How are/ were PFAS substances used? • - Food packaging - Non-stick products, Teflon, waxes, fabric treatments - Fire-fighting foam PFAS substances are bioaccumulative • PFAS substances may cause or contribute to various health • problems HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
PFAS Regulatory Status and the Future Planned and/ or possible regulation by US EPA • - S afe Drinking Water Act MCLs - CERCLA listing of PFOA/ PFOS as “ hazardous substances” - CERCLA/ RCRA clean-up level recommendations - Toxicity assessments - Development of wastewater sampling matrices - Additional TS CA regulation Much regulatory activity influenced by Flint lead debacle • The PFAS net is going to be “ cast wide” • An inordinate number of ” small fish” will be ensnared • HAAK LAW LLC William H. Haak Tel: 216.772.3532 Environmental, Health & Safety whh@haaklawllc.com Legal and Consulting Services
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