Environmental Update, October 2020

Proposal of Rules/Public Hearing Notice – Power Plant Efficiency Rules: Ohio EPA, Division of Air Pollution Control, has proposed new “Power Plant Efficiency Rules” found in Ohio Administrative Code (OAC) Sections 3745-107-01 to 3745-107-04. The rules address the implementation of federal carbon dioxide (CO2) standard of performance regulations. The purpose of this rulemaking is to implement the federal Affordable Clean Energy Rule (ACE rule), requires states to conduct a heat rate efficiency study and develop carbon dioxide standards of performance for large coal-fired electric generating units (EGUs). Ohio EPA will be holding a virtual public hearing on the proposed new rules on October 16, 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 a Synopsis of the rules is available here. Comments may be submitted at the public hearing or by the close of business October 16, 2020.

Public Notice: Proposed Rulemaking Governing Underground Injection Control Rules: Ohio EPA, Division of Drinking and Ground Waters (DDAGW), has proposed minor revisions to several rules in chapter 3745-34 of the Administrative Code. The rules establish requirements for construction, permitting, maintenance, operations and closure of underground injection wells. The rulemaking is intended to correct citations in rule 3745-34-09, clarify that Permits to Drill last five years in rule 3745-34-21, and correct statute citations in rule 3745-34-63. Ohio EPA will be holding a virtual public hearing on the rules on October 21, 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 a Business Impact Analysis is available here. Comments may be submitted at the public hearing or by the close of business October 21, 2020. 

 Early Stakeholder Outreach – Water Well Standards Rules: Ohio EPA, Division DDAGW, has proposed minor revisions to several Water Well Standard rules in the OAC: 3745-9-01, 3745-9-02, 3745-9-03, 3745-9-04, 3745-9-05, 3745-9-06, 3745-9-07, 3745-9- 09, and 3745-9-10. The Early Stakeholder Fact Sheet is available here.  Comments are due by October 21, 2020.

Public Notice: Proposed ‘No Changes’ Rulemaking Governing Consumer Confidence Report Rules:  Ohio EPA, DDAGW, is proposing “no change” to rules 3745-96-01, 3745-96-03 and 3745-96-04 of the OAC. OAC Chapter 3745-96 describes and establishes the minimum requirements for the content of the annual report that a community water system shall deliver to its customers. DDAGW reviewed these rules to satisfy the five-year rule review requirements of section 106.03 and 106.031 of the OAC, and is proposing to file the above rule with no changes. The Public Notice is available here, and the Business Impact Analysis is available here. Comments are due by October 21, 2020.

Hazardous Waste Set Gen-Final Filing of Rules:  Ohio EPA, Division of Environmental Response and Revitalization (DERR), announced the that the Hazardous Waste Management Program’s “Set Gen” or “Generator Improvement” rules package was final filed on September 21, 2020 and are effective October 5, 2020.  The rules in this package were designed to achieve consistency with U.S. EPA’s Resource Conservation and Recovery Act Subtitle C Program and increase regulatory flexibility and include the following subjects: E-manifest; Coal Combustion Residuals (hazardous waste provision only); Export/Import; Generator Improvement rules, including reorganization of the generator rules; Safe Management of Recalled Airbags; Hazardous Waste Pharmaceuticals. The final filed rules are available here.

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