Prepared quarterly for the Ohio Manufacturers' Association
Index to quarterly reports
Ohio EPA Draft Air Toxic Rule - OAC 3745-114-01
Ohio EPA’s Proposed Industrial Waste Rules
Other Proposed Revisions to Ohio EPA Rules
Ohio EPA Enforcement Report 2005
Ohio EPA Draft Air Toxic Rule
OAC 3745-114-01
As required in Senate Bill 265, which significantly updated Ohio’s air permitting process and program, Ohio EPA released its draft air toxic contaminant rule to interested parties on June 20, 2006. Business trade groups successfully obtained the passage of Senate Bill 265 to modernize and streamline Ohio’s air permitting process. One aspect of Senate Bill 265 was the formal adoption of Ohio EPA’s air toxics policy, which historically Ohio EPA routinely used even though the policy had not gone through the process and scrutiny of rulemaking. As part of the statutory recognition of Ohio EPA’s air toxics policy, Ohio EPA was required to develop a list of toxic air contaminants within two years. Instead of investing adequate time to evaluate its current list of air toxics to determine which contaminants were truly “toxic”, Ohio EPA issued an overbroad, expansive list of contaminants pulled from other government lists prepared for entirely different purposes (e.g., worker safety). Moreover, Ohio EPA failed to provide any scientific basis or rationale for placing a contaminant on the list other than to reference the government list from which it originated. Business trade groups submitted written comments on Ohio EPA’s proposed list and the Ohio EPA is expected to release its revised proposal this month.
Ohio EPA’s Proposed Industrial Waste Rules
On August 1, 2006, Ohio EPA unveiled a new strategy for the regulation of industrial waste, including new proposed rules for the siting and design of disposal facilities for such waste. The proposed rule package is quite extensive and includes approximately 185 new rules for this waste stream. The comment period for these rules runs until November 1, 2006.
Essentially, the rules will require that all industrial waste be disposed of at an industrial waste landfill even if the waste is benign and exhibits no characteristics above the standards set by the federal Safe Drinking Water Act. Generators of the waste will be required to sample and analyze their waste streams for proper disposal. The industrial waste disposal facilities, which include industrial lagoons, must be equipped with certain safety features (e.g., liners, caps, monitoring and collection systems) based on the character of the waste and the distance between the bottom of the disposal facility and the uppermost aquifer system. The more benign the waste and the greater the separation distance from the aquifer system, the less controls are required.
Other Proposed Revisions to Ohio EPA Rules
Nitrogen Oxides - Reasonably Available Control Technology (RACT) (OAC Chapter 3745-110) - specific NOx emission limitations for boilers, combustion turbines, and stationary internal construction engines to aid in reduction of NOx emissions in Cleveland/Akron area (moderate non-attainment areas for 8-hour ozone). Public comments were due by August 23, 2006. A public hearing has not yet been scheduled.
Clean Air Mercury Rule (CAMR) (OAC Chapter 3745-108) - proposed rule to reduce mercury emissions from coal-fired electric utility boilers in Ohio implementing a “cap-and-trade” program for mercury emissions in response to U.S. EPA requirements (May 18, 2005 SIP call). Public comments were due by August 23, 2006. A public hearing has not yet been scheduled.
Clean Air Interstate Rules (CAIR) (OAC Chapter 3745-109) - proposed rule to regulate NOx and SO2 emissions from fossil fuel-fired boilers implementing a “CAIR NOx Ozone Season Trading Program” in response to U.S. EPA requirements (May 12, 2005 SIP call). Public comments were due by August 23, 2006. A public hearing has not yet been scheduled.
Volatile Organic Compound (VOC) RACT (OAC Chapter 3745-21) - proposed rule would amend requirements to control VOC emissions using reasonably available control technology (RACT) for VOCs in eight counties (Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit) that do not meet 8-hour ozone standard. Public comments were due by August 23, 2006. A public hearing has not yet been scheduled.
Malfunction Reporting (OAC 3745-15-06) - proposed rule updates requirements for malfunction reporting of air contaminant sources. Public comments were due by July 28, 2006. A public hearing has not yet been scheduled.
Nuisance caused by Odor (OAC 3745-15-07) - proposed rule clarifies that Ohio EPA does not regulate public nuisance conditions caused solely by odors. Public comments were due by July 28, 2006. A public hearing has not yet been scheduled.
Ohio EPA Enforcement Report 2005
In August 2006, Ohio EPA released its 2005 Enforcement
Report, which continues Ohio EPA’s practice of setting enforcement “goals” for 2006 and benchmarking Ohio EPA’s “success” in achieving its enforcement goals for 2005.
The report notes that there was a 46% increase in the number of administrative orders
issued and a 49% increase in administrative penalties assessed.
Ohio EPA surpassed its 2005 “goal” of 133 orders by issuing 176 orders, most of
which involved air pollution control (63) and surface water (42).
Total penalties were approximately $3.0 million, down from $4.2 million in 2004.
The Attorney General, however, assessed $22.6 million in civil penalties in 2005,
compared to $15.7 million in 2004. According to the report, Ohio EPA expects to
have a bigger year in 2006. Ohio EPA has set a goal of 153 orders for 2006, compared to its goal of 133 for 2005.
The report also breaks down the specific targets for the individual programs as follows:
Air Pollution Control (50), Surface Water (35), Hazardous Waste (25), Solid and Infectious Waste (20),
Drinking and Ground Water (18), and Emergency and Remedial Response (5).
|
