Toxic Release Inventory (TRI) Report

On May 22, 2007, Ohio EPA released the 19th annual Toxic Release Inventory (TRI) report, which is required as part of the federal Emergency Planning and Community Right-to-Know Act (EPCRA). Total releases for the calendar year 2005 amounted to more than 310 million pounds, a 4.3% increase from the 297 million pounds reported in 2004. Releases of toxic chemicals to water and air both declined in 2005 (down 1.1 million pounds and 872,000 pounds, respectively), but were more than offset by increases for “land on site” releases, which increased by 12.8 million pounds.

Ohio Receives Brownfields Grants

On April 15, 2007, the Ohio Department of Development (ODOD) announced that its Urban Development Division has been awarded $2.0 million from U.S. EPA for brownfield revitalization. Ohio received the largest grant awarded to a state. ODOD will utilize the EPA grant though the Brownfield Revolving Loan Fund.

Ohio EPA Air Rules

1. Ohio EPA Air Toxic Rule
   (OAC 3745-114-01)

   This rule, which became effective December 1, 2006, contains a list of toxic air contaminants promulgated in response to requirements in Senate Bill 265. The original draft list included 639 compounds. OMA submitted written comments to Ohio EPA on August 21, 2006 opposing portions of the rule. Ohio EPA then re-issued the draft list of toxic air contaminants, reducing the list to 303 compounds. A public hearing on the draft rule was held on October 23, 2006, and OMA submitted comments in support of the revised proposed rule, which was adopted and became effective on December 1, 2006. The Sierra Club, Ohio Citizen Action, Ohio Academy of Trial Lawyers, Environmental Community Organization and the Buckeye Environmental Network have appealed portions of the rule to the Ohio Environmental Review Appeals Commission (ERAC). OMA and other business trade groups have intervened in this appeal to protect the rule as adopted.

2. Permit-to-Install and Operate (PTIO) Program
   (OAC 3745-31 and -35)

   On March 14, 2007, Ohio EPA released draft rules to implement a combined air permit-to-install (PTI) and permit-to-operate (PTO) program, which was approved in concept by former Director Jones in February 2004. Rather than requiring a source to apply for a PTI, which is issued with both installation and operation terms, and then apply for a PTO within a year of construction, the new program will require one application for both a PTI and PTO, and both installation and operation requirements will be issued under one document. The public comment period closed on April 30, 2007.

3. Nitrogen Oxides - Reasonably Available Control Technology
   (NOx RACT) Rules (OAC 3745-110)

   These rules will regulate nitrogen oxide emissions from existing stationary combustion sources (e.g., industrial boilers, combustion turbines) and will apply to existing sources in the eight “moderate” non-attainment counties (Cleveland/Akron area) and state-wide to new or modified sources. The rules were originally released to interested parties in July 2006. OMA and others submitted comments on the initial rule package. Based on some of these comments, the rule package has been revised and is now out for public comment. A public hearing has been scheduled for June 8, 2007, and Ohio EPA is accepting written comments on the proposed rules through June 8, 2007.

4. Architectural and Industrial Maintenance (AIM) Coatings
   (OAC Chapter 3745-113)

   These rules cover coatings applied to interior and exterior of homes and offices, factory floors, bridges, stop signs, roofs, swimming pools, driveways, etc. Rules will provide emission reductions to assist in attaining and maintaining NAAQS 8-hour ozone standard, especially directed to assist attainment in Northeast Ohio. A public hearing was held on May 7, 2007. Ohio EPA has not yet acted on this draft rule package.

5. “Consumer Products” Rule
   (OAC Chapter 3745-112)

   On December 28, 2006, Ohio EPA released these new rules aimed at reducing VOC’s from consumer products (e.g., adhesive, air fresheners, aerosols, carpet cleaners, etc.) for interested party comment. The rules are intended to assist the state in achieving and/or maintaining the national 8-hour ground level ozone standard. The draft rule applies to “any person who sells, supplies, offers for sale, or manufactures consumer products on or after January 1, 2008 for use in the state of Ohio”. It exempts a manufacturer or distributor who sells, supplies or offers for sale in the state of Ohio a consumer product that does not meet the VOC standards as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the state of Ohio and the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed in the state of Ohio. Therefore, it applies to a consumer product sold in Ohio regardless of place of manufacture. A public hearing on the proposed rule package is scheduled for June 12, 2007.

6. Clean Air Mercury Rule (CAMR)
   (OAC 3745-108)

   Ohio has proposed rules to implement federal rules known as the Clean Air Mercury Rules (CAMR), published by U.S. EPA in May 2005. The rules establish a cap and trade program for emissions of mercury and set a total mercury emissions ceiling for Ohio. Ohio EPA predicts that, when fully implemented, these rules would reduce mercury emissions from Ohio-based utilities by 86%. A public hearing on the proposed rules was held on January 29, 2007. After minor revisions, Ohio EPA adopted these rules, which became effective on May 11, 2007.

7. Clean Air Interstate Rules (CAIR)
   (OAC 3745-109)

   These proposed rules have been developed to comply with the federal CAIR rule requiring reductions in emissions of nitrogen oxides (NOx) and sulfur dioxides (SO2). These rules will establish CAIR NOx and CAIR SO2 trading programs. These rules were originally released for interested party comments on June 24, 2006. A public hearing on the rule package was held on May 17, 2007. Ohio EPA has not yet acted on this rule package.

8. Particulate Matter (PM) Rules
   (OAC 3745-17)

   These draft amended rules relate to the control of fugitive dust and particulate emissions from various types of stationary sources as a result of the 5-year rule review process. OMA, other business trade groups, and the automobile manufacturers submitted comments on a portion of the rule package regarding the “process weight rule” as it related to spray paint booths (OAC 3745-17-11). A public hearing was held on May 11, 2007. Ohio EPA has not yet acted on this rule package.