New Ohio law could grant hazardous waste incinerators ability to expand

A new policy signed into law by Ohio Gov. Mike DeWine could allow for the expansion of hazardous waste incinerators in the state, which were previously barred by a moratorium.

As reported by Cleveland.com, the expansion proposal was a last-minute addition by Sen. Rob McColley to House Bill 364—a bill originally focused on water and sewer infrastructure. The amendment is aimed at a specific facility in Lorain County but extends to any plants in operation before April 15, 1993.

Ohio currently has four active hazardous waste incinerators, all of which obtained federal permits between 1980 and 1985, according to the Ohio Environmental Protection Agency (Ohio EPA).

The previous moratorium effectively blocked the Ohio EPA director from granting new permits for hazardous waste incinerators in the state. The legislation was signed in 1993 by Ohio Gov. George Voinovich because of controversy surrounding a hazardous waste incinerator in East Liverpool, Ohio.

House Bill 364 creates two possible exceptions to the ban, the first being for facilities seeking to install improved air emission control systems, and the second applying to facilities reaching capacity for treating hazardous waste.

“The language change was necessary to allow for the consideration of modernized emission control upgrades specifically designed to protect air quality and the environment, and any application to do so, or to change operating protocols remain subject to the authority and approval of the Ohio EPA and existing federal law,” John Fortney, a spokesperson for the Ohio Senate, told Cleveland.com.

While the recent legislation targets the Lorain incinerator, the facility operator—Ross Incineration Services—says it has no “definitive plans” to expand. Andy Sedlak, a spokesman for Ross, told Cleveland.com that the amendments allow the facility to apply for an expansion but don’t guarantee the exception is granted.

Any applications for an incinerator expansion will fall under the jurisdiction of Ohio EPA Director Anne Vogel, who was recently appointed by DeWine.