Author: Marcus Miller

Early Stakeholder Outreach- CRO 2022 Rules: Ohio EPA, Division of Environmental Response and Revitalization (DERR), is seeking stakeholder input on amendments to rules in the Cessation of Regulated Activities Program. The changes under consideration include changes based on the rules’ 5-year review required under Ohio Revised Code (ORC) 106.03. At this time, Ohio EPA intends to amend rule 3745-352-01 for non-substantive punctuation and terminology corrections, and update reference dates. Ohio EPA does not intend to change any additional rules at this time. The Early Stakeholder Fact Sheet is available here. The comment deadline is January 22, 2021.   

For questions regarding the Cessation of Regulated Activities Program, contact Joseph S. Simpson at 419.321.1389 or via email at jsimpson@shumaker.com.  

Draft Guidance for Determining when Source and Treatment Changes Trigger Optimal Corrosion Control Evaluation: Ohio EPA,DDAGW seeks comments on the Guidance Document, ENG-9119-GD-Guidelines for Determining when Source and Treatment Changes Trigger Optimal Corrosion Control Evaluation. The purpose of this document is to provide guidance on when a source or treatment change in a public water system (PWS) requires the evaluation of optimal corrosion control treatment (OCCT). A copy of the draft Guidance Document is available here. Submit comments to ddagw_ppg@epa.ohio.gov. The comment deadline is January 29, 2021. 

For questions regarding the draft Guidance Document, contact Cheri Budzynski at 419.321.1332 or via email at cbudzynski@shumaker.com.   

Public Notice – Request for Comment – OAC Ch. 3745-80, “Ohio’s Anti-Tampering Rules”: Ohio EPA, Division of Air Pollution Control (DAPC), is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document in Ohio Administrative Code (OAC) Chapter 3745-80, “Anti-Tampering Rules.” The rules in this chapter contain the requirements for Ohio’s Statewide Motor Vehicle Anti-Tampering Program. The rules in this chapter describe and prohibit acts of tampering with the pollution control devices on vehicles and provide procedures for the training of anti-tampering inspectors. Please see the following for additional information: Public Notice, Rule Synopsis, and Draft Business Impact Analysis. The comment deadline is January 29, 2021.   

For questions regarding the draft Ohio’s Anti-Tampering Rules, contact Cheri Budzynski at 419.321.1332 or via email at cbudzynski@shumaker.com. 

Early Stakeholder Outreach – OAC Chapter 3745-18 – Sulfur Dioxide Regulations, 5-Year Rule Review:  Ohio EPA, DAPC, is seeking stakeholder input on potential changes to the rules in OAC Chapter 3745-18. Chapter 3745-18 of the OAC contains the requirements for the prevention of emissions of sulfur dioxide into the atmosphere from fuel burning and process equipment. The rules are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) as required by the Clean Air Act. Ohio EPA will be performing a general review of all of the rules in this chapter to fulfill the requirements of ORC 106.03 (5-year review). Ohio EPA anticipates minor changes to these rules for clarification, to correct typos, and to meet state and agency formatting standards. Ohio EPA will also review facility specific information and remove facilities and emission units which are permanently shut down and are no longer in need of regulation under these rules. The Early Stakeholder Outreach Fact Sheet is available here. The comment deadline is February 3, 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 .  

Ohio EPA’s 2021 Water Pollution Control Loan Fund (WPCLF) Program Management Plan Available: Ohio EPA has finalized the 2021 WPCLF Program Management Fund. The fund provides financial and technical assistance for a variety of projects that help improve or protect the quality of Ohio’s water resources. For WPCLF program year 2021, which runs from January 1, 2021 through December 31, 2021, Ohio EPA received project nominations totaling approximately $2.6 billion. Funds are available to all applicants that meet program requirements. Ohio EPA is offering $35.7 million in principal forgiveness to eligible projects. Principal forgiveness is the portion of a loan that is not required to be repaid. Regionalization projects, municipal wastewater infrastructure, and failing household sewage treatment systems will be prioritized to receive principal forgiveness. A small amount of principal forgiveness is also available for the installation of back-up power facilities. Additional information regarding the 2021 Water Pollution Control Loan Fund (WPCLF) Program Management Plan is available here. A copy of the 2021 WPCLF Program Management Plan is available here. 

For questions regarding the WPCLF, contact Cheri Budzynski at 419.321.1332 or via email at cbudzynski@shumaker.com. 

 

Early Stakeholder Outreach – Review 2021 Rules: Ohio 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 Standards: OEPA, 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 Rules: OEPA, 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.

Available for Comment – Draft General Permits for Natural Gas and No. 2 Oil-Fired Boilers: Ohio Environmental Protection Agency (OEPA), Division of Air Pollution Control (DAPC) draft revised general permits for natural gas and No. 2 oil-fired boilers are available for comment. There are eight general permits available for four boiler capacity ranges (>10 to 19.9 MMBtu/hr, 20 to 29.9 MMBtu/hr, 30 to 39.9 MMBtu/hr, and 40 to 50 MMBtu/hr) and area or major sources of hazardous air pollutants (HAPS). The existing general permits for boilers were updated to account for the following:

• Incorporate Ohio Administrative Code (OAC) rule 3745-31-05(A)(3)(a)(ii), which exempts boilers from Best Available Technology (BAT) requirements for each pollutant that has the potential to emit less than 10 tons per year.
• Incorporate 40 CFR Part 63, Subpart DDDDD – National Emission Standards for Hazardous Air Pollutants (NESHAP) for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters.
• Incorporate OAC rule 3745-110 – Nitrogen Oxides Reasonably Available Control Technology (RACT). Boilers with a maximum heat input capacity of less than 40 MMBtu/hr are exempt from this rule.
• Removed OAC rules 3745-21-07(B), 3745-21-08(B), and 3745-23-06(B) from the permit because the rules were rescinded.
• Incorporate the use of ultra-low sulfur No. 2 fuel oil, which reduces potential sulfur dioxide (SO2) emissions.

Additional information regarding the general permit program, general permit terms and conditions, and instructions for applying for the general permits can be found here. The draft general permits and supporting documentation are available here. The comment deadline is Wednesday, December 23, 2020. 

For questions regarding regulations governing major sources of hazardous air pollutants or the draft general permits contact Michael A. Snyder at 614.628.4469 or via email at msnyder@shumaker.com.

Notice of Adoption of New Rule Language – Ohio EPA DAPC Rulemaking – Toxic Chemical Release Reporting (TRI):  On December 2, 2020, the Director of the OEPA issued notice that OEPA has adopted amended, rescinded, and rescinded/replaced as new rules in OAC Chapter 3745-100, “Toxic Release Inventory.” The following rules are included in this rulemaking:

Rule #                         Title
3745-100-01         Definition
3745-100-05        Covered facilities for toxic chemical release reporting
3745-100-06        Thresholds for reporting 
3745-100-07        Reporting requirements and schedule for reporting
3745-100-08        Exemptions
3745-100-09        Notification about toxic chemicals
3745-100-10         Applicable chemicals and chemical categories
3745-100-11          Toxic chemical release reporting form and instructions
3745-100-12         Fees
3745-100-13         Trade secret claims
3745-100-14         Alternate threshold and certification
3745-100-15         Alternate threshold certification and instruction
3745-100-16         Lower thresholds for chemicals of special concern
3745-100-17         SIC and NAICS codes to which this chapter applies

The Director’s order of adoption was issued on December 2, 2020. The rules became effective Saturday December 12, 2020. The amended rule language can be found on here. 

The Director’s action in this matter is pursuant to the procedural requirements of OAC Chapter 119 and is based upon the record of the public hearing conducted by OEPA on September 28, 2020. No comments were received during the public comment period.

The Director’s action is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the OAC. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the Director’s action.

For questions regarding the TRI Reporting Rules, contact Joseph S. Simpson at 419.321.1389 or via email at jsimpson@shumaker.com.

Notice of Adoption of New Rules – Power Plant Efficiency Rules: On December 2, 2020, the Director of the OEPA issued notice that OEPA has adopted the following new rules of the Ohio Administrative Code (OAC):

Rule #                        Title
3745-107-01        Applicability, definitions, and reference to materials.
3745-107-02        EGU-specific operational characteristics, heat rate study, and standard of performance.
3745-107-03        Timelines and enforceability.
3745-107-04        Monitoring, record keeping, and reporting

OEPA, DAPC is adopting OAC Chapter 3745-107 “Power Plant Efficiency Rules” to comply with the requirements of U.S. EPA’s “Affordable Clean Energy Rule” (ACE rule), found in Federal Register Volume 84, page 32520. The ACE rule mandates that states develop enforceable carbon dioxide emission standards of performance for large coal-fired electric generating units (EGUs).

The Director’s order of adoption was issued on December 2, 2020. The adopted rules will became effective Saturday, December 12, 2020. The new rule language can be found here.  

The Director’s action in this matter is pursuant to the procedural requirements of OAC Chapter 119 and is based upon the record of the public hearing conducted by OEPA on October 16, 2020, and comments received during the public comment period. OEPA’s response to comments document can be found here.

The Director’s action  is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the OAC. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the Director’s action.

For questions regarding the Power Plant Efficiency Rules, contact Michael E. Born at 614.628.4415 or via email at mborn@shumaker.com.

 

Proposed Rulemaking Governing Explosive Gas Monitoring at Municipal Solid Waste Landfills: Ohio EPA Division of Materials and Waste Management (DMWM) has provided public notice of its proposal to original file the following rule of the Ohio Administrative Code (OAC): 3745-27-12 Explosive gas migration monitoring for a sanitary landfill facility. This rule addresses regulations for explosive gas monitoring at municipal solid waste (MSW) landfills. The comment deadline is November 30, 2020. Ohio EPA will be holding a virtual public hearing on the rules on November 30, 2020 at 10:30 a.m. The meeting will be held exclusively online. During the virtual hearing, the public can submit written comments that will be read into the record by the hearing host. The virtual hearing may be accessed through Ohio EPA’s website at: Ohio EPA WebEx Events. 

Ohio’s Water Pollution Control Loan Fund DRAFT 2021 Program Management Plan: Ohio EPA has released the DRAFT 2021 Water Pollution Control Loan Fund (WPCLF) Program Management Plan (PMP) for public comment. Ohio’s WPCLF program provides financial and technical assistance to public or private applicants for planning, design and construction of a wide variety of projects to protect or improve the quality of Ohio’s water resources. The draft PMP is available here. The comment deadline is December 3, 2020. A virtual public hearing is scheduled for December 3, 2020 at 3:00 p.m. To register for the hearing, please visit our online listing of public events: Ohio EPA WebEx Events.

Public Notice – Request for Comment – OAC Chapter 3745-73, Total Reduced Sulfur Rules: The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document in Ohio OAC Chapter 3745-73, “Total Reduced Sulfur Rules.” The rules in this chapter contain the requirements for the control of emissions of total reduced sulfur from Kraft Pulp Mills. A Kraft Pulp Mill is a wood pulping mill which uses an alkaline sulfide solution containing sodium hydroxide and sodium sulfide (white liquor) in the wood digesting process. The Public Notice is available here; the Rule Synopsis is available here; and, the Business Impact Analysis is available here. The comment deadline is December 8, 2020.

Public Notice – Interested Party Review – OAC Chapter 3745-38, General NPDES Permit Rules: The Division of Surface Water (DSW) is providing interested parties the opportunity to review and comment on the following rules in OAC Chapter 3745-38:  

Rule #                       Rule Title                                          Draft Action

3745-38-01               Definitions                                         Amend  

3745-38-02               Requirements for general national    Amend                  pollutant discharge elimination system (NPDES) permits 

The interested party Fact Sheet is available here. In addition to the draft rule amendments, Ohio EPA is seeking comments and feedback on the draft Common Sense Initiative (CSI) Business Impact Analysis Form available here. The comment deadline is December 9, 2020. 

Proposed Rulemaking Governing Industrial Waste and Residual Waste Landfill Rules: Ohio EPA DMWM has provided public notice of its proposal to original file numerous rules of the OAC Chapter 3745. The purpose of this rule making is to fulfill the requirements of OAC section 106.03, which require Ohio EPA to determine whether to continue the rules without change, amend the rules, or rescind the rules. The Agency has reviewed the current effective rules and has made the preliminary determination to merge the Industrial Waste Program and Residual Waste Program. The Public Notice is available here. The comment deadline is December 9, 2020. Ohio EPA will be holding a virtual public hearing on the rules on December 9, 2020 at 10:30 a.m. The meeting will be held exclusively online. During the virtual hearing the public can submit written comments that will be read into the record by the hearing host. The virtual hearing may be accessed through Ohio EPA’s website at: Ohio EPA WebEx Events. 

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.

Proposed Rules – Beneficial Use Designation Rules (Ohio Administrative Code (“OAC”) 3745-1-11, -12, -19, -23): Ohio EPA, Division of Surface Water, is soliciting input on  proposed amendments to four Water Quality Standards rules in OAC Chapter 3745-1. OAC Chapter 3745-1 contains Ohio’s water quality standards, which are state regulations or rules that protect Ohio lakes, rivers, streams, and other surface water bodies from pollution. The proposed rulemaking affects the Maumee, Sandusky, Huron, and Portage river drainage basins. The rulemaking includes three broad types of changes: (1) changing beneficial use designations for specific water bodies; (2) adding water bodies that are currently undesignated to the rule; and (3) verifying existing beneficial use designations already listed in the rule.

The Public Notice is available here. The comment deadline is September 24, 2020. 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: http://epa.ohio.gov/virtual

Proposed Rules – Credible Data Program (OAC Chapter 3745-4-02,-03,-04,-05,-06):  Ohio EPA, Division of Surface Water, is soliciting input on proposed amendments to five Credible Data Program rules in OAC Chapter 3745-4. The proposed updates include several revisions to the collection of data and the administrative aspects of the program, including the extension of timeframes for data submission and updates to definitions, method references (particularly the Field Methods for Evaluating Primary Headwater Streams), and requirements for qualified data collectors.

The Public Notice is available here. The comment deadline is October 8, 2020. Ohio EPA will be holding a virtual public hearing on the rules at 10:30 a.m. on October 8, 2020. The virtual hearing may be accessed through Ohio EPA’s website at: http://epa.ohio.gov/virtual

Public Notice – Final Rulemaking Governing Disadvantaged Community Loans: Ohio EPA, Division of Ground Water, has final filed the following rules of the OAC:

Rule Number:        Rule Title:

3745-88-01          Public Notification

3745-88-02         Disinfection of water from surface water sources

The Public Notice is available here. Click above to view the final rule. The rules are effective on September 10, 2020.

Proposal of Rules/Public Hearing Notice – Amended Rules in OAC Chapter 3745-22, Asbestos Licensing Rules:  Ohio EPA, Division of Air Pollution Control,  under the authority of Sections 3710.02 of the OAC and in accordance with Chapter 119, proposes to amend several rules that are a part of the Ohio EPA Asbestos Licensing/Accreditation Program.  The amendments allow Ohio EPA to apply to U.S. EPA for approval of the asbestos licensing program and demonstrate how the program meets the requirements found in the “Asbestos Model Accreditation Plan” 40 CFR part 763, Appendix C to Subpart E. Ohio EPA is proposing to amend the following rules of the OAC:

Rule Number:         Rule Title:

3745-22-01            Definitions

3745-22-02           Prohibitions

3745-22-03          General application procedures and provisions for contractors, specialists, designers, air monitors, and workers

3745-22-04          Contractor application requirements, criteria, and standards of conduct

3745-22-05          Asbestos hazard abatement specialist application content, qualifications, standards of conduct

3745-22-06         Asbestos hazard evaluation specialist application content, qualifications, standards of conduct

3745-22-08        Asbestos hazard abatement worker application contents, qualifications, standards of conduct

3745-22-09       Asbestos hazard abatement project designer application content, qualifications, standards of conduct

The Public Notice is available here, and a Rule Synopsis is available here. The Comment deadline is October 9, 2020. Ohio EPA will be holding a virtual public hearing on the proposed amended rules on October 9, 2020 at 10:30 a.m. The meeting will be held exclusively online. During the virtual hearing, the public can submit written comments that will be read into the record by the hearing host. The virtual hearing may be accessed through Ohio EPA’s website at: http://epa.ohio.gov/virtual

Draft Available for Comment – Request for Removal of Rules in OAC Chapter 3745-45 from Ohio’s State Implementation Plan (SIP): Ohio EPA is submitting to the U.S. EPA a request to remove the state-rescinded rules in OAC Chapter 3745-45 from Ohio’s State Implementation plan (SIP).

In 1981, U.S. EPA accepted rules in OAC Chapter 3745-45, “Permit Fees” into Ohio’s SIP to fulfill a requirement for in the Clean Air Act (“the Act”), which required states to collect fees or otherwise have a fee structure in place to ensure that the owner or operator of a source paid fees “…sufficient to cover the reasonable cost of reviewing and acting upon …” permit applications.

In 1995, U.S. EPA approved Ohio’s major source permitting program under Title V of the Act. The fee system in this program replaced the system in OAC Chapter 3745-45, consequently, Ohio rescinded the rules in that Chapter. Ohio neglected to request removal of the rules in OAC Chapter 3745-45 from the SIP at that time. Ohio EPA’s letter serves as that request. A copy of the letter and additional information is available here.

Ohio EPA is seeking public comment to satisfy U.S. EPA requirements for public involvement in SIP related activities in accordance with 40 CFR 51.102. The comment deadline is October 8, 2020.

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Ohio EPA, Division of Surface Water, is seeking stakeholder input on beneficial use designations for selected water bodies – Hocking River drainage basin (3745-1-08), Little Beaver Creek drainage basin (3745-1-15), Little Miami River drainage basin (3745-1-18 ), and Chagrin River drainage basin (3745-1-22). Ohio EPA is considering three types of changes:

• Changing beneficial use designations for specific water bodies;

• Adding water bodies that are currently undesignated to the rules; and

• Verifying existing beneficial use designations already listed in the rules.

Changes, additions, and verifications of existing beneficial use designations are based upon the findings of biological, habitat and water quality surveys, and other available pertinent information.

The Early Stakeholder Fact Sheet is available here. Ohio EPA is accepting comments until September 17, 2020.   

Ohio EPA, Division of Surface Water, is seeking stakeholder input on updates to Ohio Administrative Code 3745-1-38, which covers variances from water quality standards for point sources. The rule details requirements for variance eligibility, time frames, application procedures, and the approval process. The rule also includes the requirements for coverage under the multiple discharger variance for mercury.   

The proposed updates incorporate requirements that would reflect updates in the revised federal Water Quality Standards, as well as updates to the multiple discharger mercury variance conditions, and the addition of a multiple discharger ammonia variance for lagoon systems. The Early Stakeholder Fact Sheet is available here.  Ohio EPA is accepting comments until August 31, 2020.   

 

 

Ohio EPA has prepared a letter for submittal to the U.S. EPA requesting paragraph (A)(2)(b)(iv) of the Ohio Revised Code (ORC) section 3704.03 be incorporated into Ohio’s state implementation plan (SIP).  This provision allows an extension to the permit termination, for a limited time, where a permit is the subject of an appeal by a party other than the owner or operator of the air contaminant source. Ohio EPA is requesting this provision be incorporated into Ohio’s SIP at this time.

Ohio EPA is seeking public comment on the installation permit extension provision to satisfy U.S. EPA requirements for public involvement in SIP related activities in accordance with 40 CFR 51.102.  The comment period deadline is September 15, 2020. 

Interested parties can view the SIP submittal here.   

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.