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Joe Koncelik Interviewed on Ohio EPA Ruling by Ohio Supreme Court

April 2015
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The Court ruled that TMDLs are subject to formal administrative rulemaking, invalidating more than 1,700 water quality determinations.

On March 30, WKSU interviewed Joe Koncelik on the recent Ohio Supreme Court ruling that 1,761 new EPA TMDL pollution limits are "rules" requiring public hearings. Joe said the ruling calls into question the enforceability of limits (known as Total Maximum Daily Loads, or TMDLs) set by the Ohio EPA.

"It's a do-over for 1,700 TMDLs, meaning they all have to go back through a formal rulemaking process before the agency can use them to establish discharge limits and permits," Joe said, adding that it could take years for that to happen.

Read the story here, along with the Tucker Ellis Client Alert here.

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