Ohio EPA Regulatory Information Update


In May and June 2015, Ohio EPA has a number of rule comment periods and early stakeholder outreach sessions scheduled. As a service to our readers and clients here are descriptions of some of Ohio EPA regulatory activities.

Stakeholder Input Requested on NOx RACT Rule

Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Rule 3745-110-03. This rule is part of OAC Chapter 3745-110 which contains regulations for emissions of nitrogen oxides (NOx) from very large, large, mid-size, and small boilers, stationary combustion turbines, or stationary internal combustion engines as defined in OAC rule 3745-110-01, and boilers located at facilities that emit or have the potential to emit a total of more than one hundred tons per year of NOx emissions from all sources at that facility. NOx is a precursor compound which, along with volatile organic compounds (VOCs) can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Tuesday, June 9, 2015.

Extension of Comment Period - Proposal of Amended Rules - OAC Chapter 3745-111 - Voluntary Emission Reduction Credit (ERC) Banking Program Rules

On April 3, 2015, the Division of Air Pollution Control (DAPC) proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-111 to the Joint Committee on Agency Rule Review (JCARR) and requested comments from interested parties on the amended rules. The Emission Reduction Credit (ERC) program establishes a voluntary statewide ERC Banking Program that creates a consistent method for generating and transferring ERCs for future use in offsetting emissions in Ohio's nonattainment areas (PM 2.5 and 8-hour ozone). The ERC Banking System tracks the generation, transfer and use of ERCs for nitrogen oxides (NOx), volatile organic compound (VOC), sulfur dioxide (SO2), fine particulate (PM2.5), carbon monoxide (CO) and lead (Pb).

Ohio EPA is extending the comment period for an additional days. Comments on the amended rules will now be accepted through the close of business on Wednesday, May 20, 2015. Please see the public hearing notice, response to comments, proposed rule language and the synopsis of changes on Ohio EPA’s web page.

Early Stakeholder Outreach- Hazardous Waste Management- Federal Definition of Solid Waste

Under Ohio’s current hazardous waste rules, many hazardous wastes (such as spent solvents and listed hazardous wastes) that are destined for reclamation are subject to the hazardous waste requirements for storage, transportation and recordkeeping. Under the revisions published in the above two FRs, hazardous wastes that are recycled by reclamation could be excluded from being defined as a waste (and thereby not a hazardous waste) when reclaimed under the following relationships and conditions.

A.     Under the Control of the Generator Exclusion

There are three subcategories included under this exclusion. Each of the exclusions is based on the close business relationship that exists between the generator and the reclaimer.

     - Generator (on-site) reclamation
     - Intra-company reclamation
     - Reclamation under a tolling contract between a contractor and a chemical manufacturer

This exclusion is self-implementing by the generator and reclaimer. If claiming this exclusion, the generator and reclaimer must: notify the overseeing agency; submit a biennial report; ensure no speculative accumulation; maintain a certification statement of eligibility; keep the material contained; maintain an emergency response and preparedness plan; conduct recordkeeping; document compliance with legitimacy criteria.

B.     Verified Recyclers Exclusion

The verified recycler’s exclusion is intended for third-party commercial reclamation facilities and the generators who use them. The reclamation is accomplished, in whole or in part, by a facility/business with either a hazardous waste storage permit or a variance from classification as a waste for materials that are received from off-site for reclamation.

Written comments will be accepted through close of business August 13, 2015. Please submit input to:

Kit Arthur
Ohio EPA- DMWM
P.O. Box 1049
Columbus, OH 43216-1049

401 Program Rules and Wetland Antidegradation Stakeholder Meetings

Ohio EPA is in the process of reviewing the administrative rules for the Section 401 Water Quality Certification program (Ohio Administrative Code (OAC) Chapters 3745-32 and 45). We have scheduled four regional stakeholder meetings to collect additional input before we draft rules for interested party review. The Agency is also in the process of revising the Wetland Antidegradation rule (OAC 3745-1-54). A portion of each meeting will be used to discuss additional revisions and gain feedback prior to a second interested party review. If you have any questions, please email Melinda Harris or call (614) 728-1357.

  ■      May 29, 2015 - 9:30 a.m. to 3 p.m. — Ohio Peace Officer Training Academy (OPOTA)
          4055 Highlander Parkway - Suite B Auditorium
          Richfield, OH 44286
          (330) 659-2311

  ■       June 1, 2015 - 9:30 a.m. to 3 p.m. — Ohio Department of Agriculture (ODA)
           8995 East Main Street
           Bromfield Administration Building, Auditorium A & B
           Reynoldsburg, OH 43068-3399
           (614) 728-6201

  ■       June 3, 2015 - 9:30 a.m. to 3 p.m. — Ohio EPA Northwest District Office
           347 N. Dunbridge Road
           Bowling Green, OH 43402
           (419) 352-8461

  ■       June 4, 2015 - 9:30 a.m. to 3 p.m. — Middletown City Council Chambers
           One Donham Plaza
           Middletown, OH 45042
           (513) 425-7730