There is general awareness of the need to perform environmental due diligence on virtually any transaction that involves commercial/industrial property. However, even with such general awareness missteps or lack of attention to detail during the process can risk exposing a
Joseph Koncelik Blogs
Latest from Joseph Koncelik
Changes to the Ohio Brownfield Remediation Fund
In July, the Ohio General Assembly passed the Fiscal Year 2024-2025 Main Operating Budget which included another round of $350 million in funding for the Brownfield Remediation Fund. This second round of funding builds up on the very successful launch
EPA Publishes WOTUS Update Following Sackett Decision
On August 29, 2023, the United States Environmental Protection Agency (U.S. EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs
EPA Proposes Drinking Water Standards for PFAS
On March 14th, U.S. EPA released its advanced pre-publication notice of proposed rulemaking which, if finalized, will establish for the first time national drinking water standards for PFAS under the Safe Drinking Water Act (SWDA). While many states have adopted
Biden Administration Moves Forward with Phase 2 of NEPA Rule Revisions
On January 30, 2023, Phase 2 of the Biden Administration’s rule making revisions to Nation Environmental Policy Act (NEPA) were sent by the White House Council on Environmental Quality (CEQ) to the Office of Management and Budget (OMB). Once OMB
Final Round of Ohio Brownfield Grants Awarded
On December 16, 2022, Governor DeWine announced $88 million in grant funding for 123 brownfield remediation projects. This marks the third round of funding. Collectively, the three rounds of funding have resulted in a total of $341 million in grant
U.S. EPA Endorses New ASTM Phase I Standard
On December 15, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule that endorses ASTM E1527-21 which provides a uniform standard for performing Phase I Environmental Assessments. The new rule will have an effective date of February 13,
Understanding What is True and Not True when Closing a Facility in Ohio
In order to try to prevent major environmental issues at abandoned or closed factories, Ohio adopted a program known as the “Cessation of Regulated Operations” (CRO). While this program has been around since 1996, there are misconceptions among businesses
Debate Over Cuyahoga County Jail Site Shows Stigma of Brownfields
Cuyahoga County has been engaged in a long search for a new jail. The preferred location is property on Transport Road, which was also the site of Rockefeller’s Standard Oil Refinery #1. A significant part of the controversy surrounds whether
Game Changer- U.S. EPA Proposes to List PFOS and PFOA as “Hazardous Substances” Under CERCLA
The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. The reason it is a game changer is that it will greatly simplify the