Environmental Update, August 2020 (Issue 17)

OHIO EPA RULEMAKINGS AND ANNOUNCEMENTS

Air

Early Stakeholder Outreach Regarding Sulfur Dioxide Regulations – OAC Rules 3745-18-03, 3745-18-04 and 3745-18-90 :  Ohio EPA is planning to revise Ohio Administrative Code (OAC) Rule 3745-18-90 to incorporate sulfur dioxide emission limits for Globe Metallurgical in Washington County. These limits are necessary to satisfy attainment demonstration state implementation plan (SIP) requirements established by the U.S. EPA for the Muskingum River, OH sulfur dioxide nonattainment area. Ohio EPA is also planning to revise OAC Rule 3745-18-03 and 3745-18-04 to incorporate compliance time schedules and measurement methods and procedures relevant to the Globe Metallurgical emission limits. Additional changes may be considered based on comments received during this early stakeholder outreach comment period. The Early Stakeholder Outreach Fact Sheet is available here. The comment deadline is August 13, 2020.

If you have any questions regarding the early stakeholder outreach, contact Michael E. Born at mborn@shumaker.com or 614.628.4415.

2015 Ozone National Ambient Air Quality Standard Emissions Inventory & Emissions Statement Program – Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit and Warren Counties – Submitted to U.S. EPA:  Ohio EPA submitted to U.S. EPA the emissions inventory and emission statement program required to satisfy attainment demonstration requirements under the 2015 ozone National Ambient Air Quality Standard (NAAQS). Ohio EPA made a draft of this submittal available for comment on May 18, 2020. No comments were received during the public comment period which ended on June 22, 2020.  The submitted document and associated attachments can be found here.

If you have any questions regarding 2015 Ozone National Ambient Air Quality Standard Emissions Inventory & Emissions Statement Program, contact Michael E. Born at mborn@shumaker.com or 614.628.4415.

Drinking and Ground Water

Proposed Rulemaking Governing Laboratory Certification Rules:  The Director of Environmental Protection, under the authority of Sections 106.03 and 106.031 of the Ohio Revised Code and in accordance with Chapter 119, has proposed to Original File the following rules of the OAC: 3745-81-27, 3745-81-28, 3745-89-01, 3745-89-02, 3745-89-03, 3745-89-04, 3745-89-05, 3745-89-06, 3745-89-07, 3745-89-08, 3745-89-09, 3745-89-10, 3745-89-11 and 3745-89-12. (List of rules updated/corrected on July 29, 2020). These rules establish regulations for acquiring and retaining drinking water laboratory certification. Ohio EPA will be holding a virtual public hearing on the rules on September 2, 2020 at 10:30 am. The virtual hearing may be accessed through Ohio EPA’s website at: http://epa.ohio.gov/virtual. The Public Notice is available here, and the Business Impact Analysis is available here. The comment deadline is September 2, 2020.

If you have any questions regarding the proposed rulemaking governing the Laboratory Certification Rules, contact Cheri Budzynski at cbudzynski@shumaker.com or 419.321.1332.

Proposed Rulemaking Governing Primary Drinking Water Standard Rule 3745-81-24:  The Director of Environmental Protection, under the authority of Sections 106.03 and 106.031 of the Ohio Revised Code and in accordance with Chapter 119, has proposed to Original File the following rule of the OAC: 3745-81-24. This rule establishes organic chemical monitoring requirements. The purpose of this rule making is to set forth in rule a triggered approach to diagnosing the best treatment options for consecutive systems who have elevated Disinfection byproduct (DBP) levels. Ohio EPA will be holding a virtual public hearing on the rules on September 3rd at 10:30 am. The virtual hearing may be accessed through Ohio EPA’s website at: http://epa.ohio.gov/virtual.  The Public Notice is available here, and the Business Impact Analysis is available here. The Comment deadline is September 3, 2020.

Early Stakeholder Outreach Regarding Operational Requirements:  Division of Drinking and Ground Waters (DDAGW) has reviewed rule 3745-83-01 of the Ohio Administrative Code to satisfy the five-year rule review requirements of section 106.03 of the Ohio Revised Code. The rule describes operational requirements for public water systems.  DDAGW seeks comments on a plan to amend OAC 3745-83-01. The Early Stakeholder Outreach is available here. The comment deadline is August 31, 2020.

If you have any questions regarding the Drinking and Groundwater rules, contact Cheri Budzynski at cbudzynski@shumaker.com or 419.321.1332.

Surface Water 

Early Stakeholder Outreach Regarding Water Quality Standards Program Variances Rule: To remain consistent with U.S. EPA’s finalized revisions to the federal Water Quality Standards (WQS) variance requirements found in 40 CFR 131.14, Ohio EPA is considering updating OAC rule 3745-1-38 to incorporate requirements that would reflect those written in the revised federal WQS. The Agency is also considering updating the multiple discharger mercury variance conditions and adding a multiple discharger ammonia variance for lagoon systems. The Early Stakeholder Outreach Fact Sheet is available here.  The comment deadline is August 31, 2020.

If you have any questions about this early stakeholder outreach, contact Cheri Budzynski at cbudzynski@shumaker.com or 419.321.1332.

Beneficial Use Designation Rules OAC 3745-1 Wave 1 Proposed Rules: The Division of Surface Water (DSW) is seeking comment regarding proposed amendments to the Water Quality Standards Program rules in OAC Chapter 3745-1 governing the drainage basins for Maumee, Sandusky, Huron, and Portage rivers. The Public Notice is available here. The Fact Sheet is available here. Ohio EPA will be holding a virtual public hearing on the rules at 10:30 a.m. on September 24, 2020. The virtual hearing may be accessed through Ohio EPA’s website at: https://ohioepa.webex.com/mw3300/mywebex/default.do?siteurl=ohioepa&service=6.  The comment deadline is September 24, 2020. 

If you have any questions regarding the Surface Water rules, contact Cheri Budzynski at cbudzynski@shumaker.com or 419.321.1332.

Non-hazardous Waste

Early Stakeholder Outreach Regarding the Adoption of Federal Coal Combustion Residual Rules (CCR): The Division of Materials and Waste Management (DMWM) has released an Early Stakeholder Outreach (ESO) regarding the adoption of the federal coal combustion residual (CCR) program. Coal combustion residuals are produced primarily from the burning of coal in coal-fired power plants. Ohio EPA is considering drafting rules to obtain federal approval of the CCR program. These rules would apply to owners and operators of CCR landfills and surface water impoundments and will be applicable to CCR that Ohio EPA considers a solid waste and CCR that is considered excluded waste. The Early Stakeholder Outreach Fact Sheet is available here. The comment deadline is August 10, 2020.

If you have any questions regarding this early stakeholder outreach, or the federal CCR Rules, contact Michael E. Born at mborn@shumaker.com or 614.628.4415.

Proposed Rulemaking Governing Municipal Solid Waste Landfill Rules: The Director of Environmental Protection, under the authority of Sections 3734.02 and 3734.12 of the Ohio Revised Code and in accordance with Chapter 119, proposes to original file the following rules of the Ohio Administrative Code:

  • 3745-27-02 Permit to install
  • 3745-27-05 Applicability and relation to other laws
  • 3745-27-06 Sanitary landfill facility permit to install application
  • 3745-27-07 Additional criteria for approval of sanitary landfill facility permit to install applications
  • 3745-27-08 Sanitary landfill facility construction 3745-27-09 Sanitary landfill facility operating record
  • 3745-27-11 Final closure of a sanitary landfill facility
  • 3745-27-14 Post-closure care of sanitary landfill facilities

These rules address regulations for municipal solid waste (MSW) landfills, including the permit to install process, applicability, siting, design, permitting, construction, closure, and post-closure care of MSW landfills. The Public Notice is available here.  Ohio EPA will be holding a virtual public hearing on the rules on August 12, 2020 at 10:30 am. The virtual hearing may be accessed through Ohio EPA’s website at: https://ohioepa.webex.com/mw3300/mywebex/default.do?siteurl=ohioepa&service=6. The comment deadline is August 12, 2020. 

Department of Environmental Response and Revitalization

Voluntary Action Program (VAP) Rule Review: The Division of Environmental Response and Revitalization (DERR) is considering the change to one Voluntary Action Program (VAP) rule, OAC 3745-300-15, to update the reference to Ohio EPA’s Sample Collection and Evaluation of Vapor Intrusion to Indoor Air guidance document to reflect its March 2020 update. The VAP Interested Parties Review Fact Sheet is available here. The comment deadline is  August 12, 2020.

If you have questions regarding the VAP Rule Review, contact Michael J. O’Callaghan at mocallaghan@shumaker.com or 614.628.4431.

Proposed  Hazardous Waste Set Gen or “Generator Improvement” Rules: Ohio EPA has proposed amended, rescinded, and new Hazardous Waste Management Program rules to achieve consistency with U.S. EPA’s RCRA Subtitle C Program and increase regulatory flexibility. For example, the proposed rules allow, under certain conditions, consolidation of Very Small Quantity Generator waste at a Large Quantity Generator and episodic generation. The proposed rulemaking improves hazardous waste risk communication and ensures that emergency management requirements meet today’s needs. A Rule Summary and Fiscal Analysis is available here. The comment deadline is August 17, 2020.

On July 29, 2020, Ohio EPA revise-filed rule 3745-52-17 from the “Set Gen” proposed rules package. The revised rule is available here.

If you have any questions regarding the Proposed Hazardous Waste Set Gen or “Generator Improvement ” Rules, contact Michael E. Born at mborn@shumaker.com or 614.628.4415.

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