Environmental Update, December 21, 2020

Early Stakeholder Outreach – Review 2021 RulesOhio Environmental Protection Agency (OEPA), Division of Environmental Response and Revitalization (DERR), is seeking early stakeholder input on amendments to the Hazardous Waste Management program. These rules are in the Ohio Administrative Code (OAC) Chapters 3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, 3745-270, 3745-273, and 3745- 279, and regulate all facets of the program including permitting; identification and listing of hazardous waste; transporter standards; generator standards; treatment, storage, and disposal standards; land disposal restrictions; universal waste management; and used oil management. The Early Stakeholder Fact Sheet is available here. The comment deadline is January 8, 2021. If you have any questions regarding the Hazardous Waste Management program, contact Michael E. Born at 614.628.4415 or via email at mborn@shumaker.com.

Updates to Technical Guidance Manual (TGM)OEPA is in the process of revising several Chapters of the Technical Guidance Manual for Hydrogeologic Investigations and Ground Water Monitoring (TGM). The TGM identifies technical considerations for performing hydrogeologic investigations and ground water monitoring at potential or known ground water contamination plumes and source areas. The TGM’s purpose is to promote the collection of representative hydrogeologic data that meet project data quality objectives by sharing OEPA’s technical recommendations with the regulated community. The TGM helps ensure regulatory consistency across the regulated community and within OEPA, as well as informing the regulated community of the scientific bases for OEPA’s technical recommendations.

OEPA recently finalized revisions to Chapter 10 (Ground Sampling) of the (TGM). The most recent revision of Chapter 10 is available here.

A final draft update of Chapter 5 (Monitoring Well Placement) is available here. The comment deadline for Chapter 5 is January 8, 2021.

For questions regarding ground water monitoring or the TGM, contact Cheri Budzynski at 419.321.1332 or via email at cbudzynski@shumaker.com.

Early Stakeholder Outreach – OAC Chapter 3745-21 – Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials StandardsOEPA, Division of Air Pollution Control (DAPC), is seeking early stakeholder input on proposed changes to OAC Chapter 3745-21, which establishes requirements for the control of emissions of volatile organic compounds (VOCs) and carbon monoxide (CO) from stationary emission sources. The rules establish emission limits, which qualify as reasonable available control technologies (RACT) for emissions of volatile organic compounds (VOC) from stationary sources in Ohio. These limits are used in air pollution control permits issued to these sources. OEPA is considering changes because they may be required under the Clean Air Act (CAA) in the event the Cleveland and Cincinnati ozone nonattainment areas are reclassified from marginal to moderate nonattainment for failure to meet the ozone standard by August 3, 2021 as required, which OEPA anticipates based upon ozone monitoring data through October 31, 2020. The Early Stakeholder Fact Sheet is available here. The comment deadline is January 11, 2021. For questions regarding emissions standards for stationary sources, contact Michael E. Born at 614.628.4415 or via email at mborn@shumaker.com, or Michael A. Snyder at 614.628.4469 or via email at msnyder@shumaker.com.

Early Stakeholder Outreach – Nitrogen Oxides – RACT RulesOEPA, DAPC, is seeking early stakeholder input on proposed changes to OAC 3745-110, which establishes requirements for emissions of Nitrogen oxides (NOx) from very large, large, mid-size, and small boilers, stationary combustion turbines, stationary internal combustion engines, or reheat furnace as defined in OAC rule 3745-110-01, or sources located at a facility that emits or has the potential to emit a total of more than 100 tons per year of NOx emissions from all sources at that facility. OEPA is considering changes because they may be required to under the CAA in the event the Cleveland and Cincinnati ozone nonattainment areas are reclassified from marginal to moderate nonattainment for failure to meet the ozone standard by August 3, 2021 as required, which OEPA anticipates based upon ozone monitoring data through October 31, 2020. The Early Stakeholder Fact Sheet is available here. The comment deadline is January 11, 2021. For questions regarding emissions standards for stationary sources, contact Michael E. Born at 614.628.4415 or via email at mborn@shumaker.com, or contact Michael A. Snyder at 614.628.4469 or via email at msnyder@shumaker.com.