Shumaker Environmental Update, April 2021

Shumaker, Loop & Kendrick, LLPInterested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package is known as the “Review 2020” package because it is made up primarily of rules that are required under state statute to be reviewed every five years. The package contains 91 rules in Chapters 3745-50 to 3745-279 of the Administrative Code, and are amended to correct typos, make word choice changes, correct punctuation, and to ensure consistency with U.S. EPA’s Resource and Recovery Conservation Act (RCRA) Subtitle C Program. The Fact Sheet is available here. Additional information regarding the rules is available here. The comment deadline is April 21, 2021.

Public Hearing Notice – Ohio Administrative Code (OAC) Chapter 3750, State Emergency Response Commission (SERC): Director of Environmental Protection, under the authority of Chapter 3750 of the Ohio Revised Code (ORC) and in accordance with Chapter 119 the SERC, is proposing multiple rules of the OCA Chapter 3750 to the Joint Committee on Agency Rule Review (JCARR) after a review to fulfill the requirements of ORC 106.03 (5-year review). The rules address the administration and implementation of ORC Chapter 3750, Emergency Planning regulations. Amendments are being made to OAC rules 3750-1-01, 3750-10-01, 3750-20-10, 3750-20-70, 3750-20-72, 3750-20-74, 3750-25-15, 3750-30-01, 3750-30-015, 3750-30-20, 3750-30-27, and 3750-50-01 to address typos, citation references, and to add recent federal rule language to be consistent with the federal Emergency Planning and Community Right-to-Know Act (EPCRA). The Public Notice is available here. A synopsis of the rule content is available here. Additional information is available here. Ohio EPA will be holding a virtual public hearing on the proposed new rules on April 23, 2021 at 10:30 AM. The meeting will be held exclusively online, and may be accessed through Ohio EPA’s website at: http://epa.ohio.gov/virtual.

Public Notice: Proposed ‘No Changes’ Rulemaking Governing Secondary Maximum Contaminant Rules:  Ohio EPA, Division of Drinking and Ground Waters (DDAGW), is proposing “no change” to rules 3745-82-01, 3745-82-03, and 3745-82-04 of the OAC. DDAGW has reviewed these rules to satisfy the five-year rule review requirements of section106.03 and 106.031 of the ORC OAC Chapter 3745-82 describes and establishes monitoring requirements and definitions for secondary maximum contaminant levels. DDAGW is proposing to file the following rule with no changes. Click on each rule number to review it.

Rule Number Rule Title
 3745-82-01  Definitions
 3745-82-03  Monitoring for Compliance with Secondary Maximum Contaminant Levels
 3745-82-04  Monitoring for Compliance with the Fluoride Secondary Maximum Contaminant Level

The Public Notice is available here. The Business Impact Analysis (BIA) Form is available here. The comment deadline is April 26, 2021.

Early Stakeholder Outreach – OAC Chapter 3745-79 – Small Business Technical Assistance Rules Requesting Stakeholder Input:  Ohio EPA, Division of Air Pollution Control (DAPC), is seeking stakeholder input on the rules in OAC 3745-79. The rules in OAC Chapter 3745-79 establish the small business technical assistance program. The program created by these rules and ORC 3704.18 helps small businesses understand and comply with air pollution regulations. Ohio EPA is reviewing the rules as part of its general review to fulfill the requirements of ORC 106.03 and ORC 106.031 (5-year review). Ohio EPA is not aware, at this time, of any major changes necessary to these rules. The Early Stakeholder Fact Sheet is available here. The comment deadline is May 13, 2021.

Draft Available for Comment – OAC Chapter 3745-18, “Sulfur Dioxide Regulations Rules”: Ohio EPA, DAPC, has completed a review of the rules in Chapter 3745-18, pursuant to Section 106.03 and 106.031 of the ORC (five-year review), and found changes to the rules to be necessary. The rules in this chapter set limits, testing, and recordkeeping requirements for emissions of sulfur dioxide from sources in the state of Ohio. 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. The Public Notice is available here. A synopsis of the changes is available here, and the Business Impact Analysis is available here. The comment deadline is May 17, 2021.

Proposal of Amended Rules – OAC Chapter 3745-26, Inspection and Maintenance Program Rules: Ohio EPA, DAPC has proposed amended rules in OAC Chapter 3745-26, I/M Program Rules. The rules in this chapter contain the requirements for Ohio’s motor vehicle inspection and maintenance (I/M) program, also known as E-Check. The program currently tests cars in seven counties in Northeast Ohio (Cuyahoga, Geauga, Lake, Lorain, Medina, Summit, and Portage). These rules fulfill a requirement in the Clean Air Act and are a part of Ohio’s SIP for the attainment and maintenance of the NAAQS for ozone in the Cleveland/Akron/Lorain Metropolitan area. The changes in this rule making are minor and being made after a review to fulfill the requirements of ORC 106.03 (5-year review). The Public Notice is available here. The synopsis of the rule content is available here. Ohio EPA will be holding a virtual public hearing on the new rules on May 18, 2021, at 10:30AM. The virtual hearing may be accessed at the following website: https://attendee.gotowebinar.com/register/8393245570090551310

Proposal of Amended Rules – OAC Chapter 3745-104, Accidental Releases Prevention Program Rules: Ohio EPA, DAPC)has proposed amended rules in OAC Chapter 3745-104, “Accidental Releases Prevention Program” Rules to the Joint Committee on Agency Rule Review (JCARR). The rules in this chapter establish Ohio’s Accidental Release Prevention Program. These rules were promulgated after Ohio received delegation of authority from U.S. EPA in December 1999 for the program. The rules require facilities to submit a Risk Management Plan (RMP), and implement a prevention program, and an emergency response plan or program. The Public Notice is available here. A synopsis of the rule content is available here. Ohio EPA will be holding a virtual public hearing on the new rules on May 18, 2021, at 2:30 PM. The virtual hearing may be accessed at the following website: https://attendee.gotowebinar.com/register/7487899999198592270

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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