COLUMBUS — An amendment to the recently passed Ohio Budget Bill could have an impact on pending and future appeals of environmental decisions, including those involving American Municipal Power’s proposed power plant for Letart Falls.

According to a blog posted by Joe Koncelik of the Ohio Environmental Law Blog, this amendment could speed up decisions on appeals currently before the Ohio Environmental Review Appeals Commission. Koncelik says the amendment includes language that places strict deadlines for issuing decisions on environmental appeals.

The amendment language reads: The commission (ERAC) shall issue a written order affirming, vacating, or modifying an action pursuant to the following schedule:

• For an appeal that was filed with the commission before April 15, 2008, the commission shall issue a written order not later than Dec. 15, 2009.

• For all other appeals that have been filed with the commission as of Oct. 15, 2009, the commission shall issue a written order not later than July 15, 2010.

• For an appeal that is filed with the commission after Oct. 15, 2009, the commission shall issue a written order not later than 12 months after the filing of the appeal with the commission.

Koncelik wrote the language is silent on what happens if ERAC fails to adhere to the deadlines. Environmentalists worry with ERAC’s already significant caseload if it may be forced to reduce discovery, shorten hearings and generally speed up the process at the expense of an adequate review.

ERAC is currently involved in the appeal of two of AMP’s permits issued final by the Ohio Environmental Protection Agency — the air permit-to-install and the National Pollutant Discharge Elimination System permits. ERAC has granted a de novo hearing for both appeals with the air permit hearing originally set to begin in August though that was ultimately delayed. As of yesterday, ERAC said that de novo hearing has not been rescheduled. The de novo hearing for the appeal of AMP’s NPDES permit is set for Jan. 25, 2010.