Ohio EPA Updates, January 2021

Shumaker, Loop & Kendrick, LLP

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  

Draft Guidance for Determining when Source and Treatment Changes Trigger Optimal Corrosion Control Evaluation: Ohio EPA,DDAGW seeks comments on the Guidance Document,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 A copy of the draft Guidance Document is available here.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.   

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.   

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  

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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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