Modernization of Ohio’s Air Quality Permitting Process

Many business trade groups successfully obtained the passage of legislation to update Ohio’s air permitting process and program. On May 3, 2006, the Governor signed Senate Bill 265, which is intended to make Ohio’s air permitting process more rational, transparent, consistent and predictable, bringing Ohio’s permitting process closer into alignment with the law and practices in other states.

Ratification of Great Lakes Compact (House Bill 574)

This bill seeks to ratify a compact between the eight Great Lakes states and Canada relating to water management and withdrawal within the Great Lakes basin. On December 13, 2005, the Great Lakes governors and Canada province premiers signed the Great Lakes Sustainable Water Management Agreement, which binds each state and Canadian province to the Great Lakes Compact. Each state must now ratify the Compact, which will then need to be ratified by the U.S. Congress.

The business community has expressed concerns with the Compact. The Compact creates a Great Lakes-St. Lawrence River Basin Water Resources Council, which is composed of the governors or their appointees. The Council has the power to regulate new or increased water withdrawals and consumptive uses in the Great Lakes basin. This authority could replace or usurp the power of the Ohio General Assembly.

House Bill 574 was introduced on April 27, 2006, and has been referred to the House’s Economic Development & Environment Committee.

Proposed Revisions to Ohio EPA Rules

1. Retirement of Nox Allowances (OAC 3745-14-05) – proposed revisions would retire Nox allowances to offset emission increases associated with the termination of E-Check in the Cincinnati and Dayton areas. A public hearing on the proposed rules was held on June 2, 2006.

2. Air Permit-to-Install Rules and Exemptions (OAC Chapter 3745-31) – updates definitions and rules as a result of mandatory five-year rule review, including permit-by-rules for printing facilities and auto body refinishers and adds definition of “begin actual construction,” as required by recently enacted Senate Bill 265. Public comments accepted until July 10, 2006.

3. Air-Permit-to-Install Rules and Exemptions (OAC Chapter 3745-35) – updates rules as a result of mandatory five-year rule review. Public comments accepted until July 10, 2006.

4. Permit-by-Rule (PBR) Deadline (OAC Chapter 3745-31-03) – facilities claiming PBR exemptions for an emergency generator, plastic molding equipment, crushing and screening plant or a soil/groundwater remediation project must file notification form with the Ohio EPA by July 29, 2006, in order to maintain the exemption.

5. Water Quality Standards and Wasteload Allocations (OAC Chapter 3745-33) – new rule to address phosphorous discharges and discharges from cleanups of VOCs, and amends rules:

   1. To change the Ohio River background flow used in wasteload allocations for non-carcinogens;

   2. To add requirement to put signs at NPDES outfalls; and

   3. To provide for year-round bacteria limitations near public water intakes.

   A public hearing is scheduled for June 29, 2006, at the Ohio EPA Central Office, and public comments will be accepted until July 7, 2006.

6. Mercury Variance Procedures (OAC Chapter 3745-33-07) – amends mercury variance renewal procedures for water discharges so as to relate renewals to mercury reductions and controls that are within the control of the permittee. Public comment period closed on May 26, 2006.

7. Wetland/Stream Mitigation Rules (OAC Chapter 3745-1 and 3745-32) – proposes to modify the administrative procedures and methods used to process Section 401 water quality certifications, specify detailed requirements related to wetland mitigation performance and monitoring and add detailed stream mitigation procedures. Public comment period closed on May 31, 2006.

8. Miscellaneous Water Pollution Rules

   1. Water Quality Standards Use Designations (Hocking River, Scioto River, Maumee River, Sandusky River, Little Beaver Creek, Central Ohio Tributaries, Huron River, Great Miami River, Chagrin River, Cuyahoga River and Vermillion River); public comments accepted until July 10, 2006.

   2. Permit-to-Install Design Flows for Treatment Works less than 100,000 gpd; public comments accepted until July 3, 2006.

   3. Water Quality Trading Policy and Rules; public comments accepted until June 30, 2006.

   4. General NPDES Permit for Temporary Discharges(less than 60 days); public comments accepted until June 29, 2006.

USEPA Final RCRA Burden Reduction Rule

Recently, USEPA promulgated its final RCRA Burden Reduction Rule, which became effective on May 4, 2006. This rule provides changes in the RCRA hazardous waste program, which are intended to reduce the paperwork burden imposed on states and the regulated community. These changes relate to: 1) the amount of time records must be kept; 2) certification by a professional engineer; 3) the option of following the Integrated Contingency Plan Guidance; 4) the option of following OSHA regulations for emergency training; 5) clarifications and elimination of obsolete regulatory language; 6) elimination of selected recordkeeping and reporting requirements; 7) decreased self-inspection frequency for selected hazardous waste management units; 8) selected changes to the requirements for records retention and submittal of records; 9) changes to the requirements for document submittal; and 10) reduced frequency for report submittals.

The Ohio EPA has been authorized by USEPA to administer the RCRA program in this state. However, the Ohio EPA has not yet adopted these federal burden reduction rules and has indicated that it may not adopt these new rules. Since the new rules are less stringent than Ohio’s current rules, the Ohio EPA is not required to adopt these rules. Some business groups are pushing the Ohio EPA to adopt the rules. The Ohio EPA has indicated that it would make a decision on the matter this summer.