Ohio

J. Jeffrey McNealey
Porter Wright Morris & Arthur, L.L.P.
Columbus, Ohio

Ohio's brownfield program under the Ohio Voluntary Action Plan (VAP) is undergoing significant changes both by rule and legislation. On the rule side, Ohio EPA is going through a statutorily mandated review of all VAP rules. In 1998, a third party consultant to Ohio EPA had compiled an extensive report on critiques of the program. Changes will be made in response to that report and the soon anticipated execution of a Memorandum of Agreement (MOA) with U.S. EPA. Under the MOA, Ohio will have two VAP programs - "Classic VAP," the current program, and the new federal VAP which necessitates greater public disclosure and participation early in the VAP process. On the legislative side, HB 3 is progressing through the legislature where under grant funds are made available to public agencies and low interest loans to private groups to facilitate brownfield redevelopment. Various other bills are pending with a goal of mandating Ohio EPA approval of agency permits, including issuance of Covenants Not to Sue under the VAP, within relatively short time frames. One of the many criticisms of the VAP is the tardiness in agency action that does not comport with business exigencies for speedy economic redevelopment. Because of some discontent with problems in VAP, there are a lot of private "VAP-like" cleanups going forward without the involvement of Ohio EPA.