Prepared quarterly for the Ohio Manufacturers' Association
Index to quarterly reports
Ohio EPA Draft Air Toxic Rule
Ohio EPA’s Proposed Industrial Waste Rules
Other Revisions to Ohio EPA Rules
Administrative Actions
Ohio EPA Draft Air Toxic Rule
OAC 3745-114-01
As part of the statutory mandate in Senate Bill 265, Ohio EPA was required to develop a list of toxic air contaminants within two years.
The draft list originally included 639 compounds, an expansive list of contaminants with no scientific basis or rationale for
inclusion other than to reference the government list from which it originated. The
OMA submitted written comments to the Ohio EPA on August 21, 2006 opposing portions of the rule. In a later draft the EPA
subsequently reduced to the number of toxic air contaminants 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.
Ohio EPA Proposed Industrial Waste Rules
OAC Chapter 3745-525
On August 1, 2006, Ohio EPA unveiled a new strategy for the
regulation of industrial waste, including new proposed rules for the sitting and design of disposal facilities for such waste.
A comprehensive summary of the proposed rules is available on the Bricker website.
On November 1, 2006, OMA submitted comments opposing portions of the draft rule package.
Other Revisions to Ohio EPA Rules
Proposed Beneficial Use Rules--OAC 3745-525-801 through -811.
On November 8, 2006, Ohio EPA released its draft Beneficial Use Rules package. Chris Bowman of Ohio EPA will discuss details of the
draft rules during the OMA Environment Committee meeting.
Acid Rain Operating Permits--OAC Chapter 3745-103. Primarily “housekeeping” changes
generated as part of the five-year rule review. A public hearing was held on November 13, 2006, and public comments
were due November 13, 2006.
Architectural and Industrial Maintenance (AIM) Coatings--OAC Chapter 3745-113. Covers coatings applied to interior and exterior of homes and offices, factory floors, bridges, stop signs, roofs, swimming pools,
driveways, etc. The rules will provide emission reductions to assist in attaining and maintaining NAAQS 8-hour ozone standard,
especially directed to assist attainment in Northeast Ohio. Public comments are due by December 11, 2006.
Stack Height Design--OAC 3745-16-01 and 3745-16-02. These rules address good engineering practice for
stack height design. A public hearing was held on November 8, 2006.
Wastewater Discharge Permits--OAC 3745-33-07. Clarifies requirements for obtaining
variances to wastewater discharge permits and revise mercury variance procedures. A public hearing has been scheduled for November 16, 2006.
Proposed Pretreatment Program Rules--OAC 3745-3 and 3745-36.
Provide the administrative requirements for the development and implementation of pretreatment programs and
for the regulation of industrial discharges to publicly owned treatment works (POTWs).
Also these rules adopt some of US EPA’s national pretreatment streamlining rules. A public hearing has been scheduled for November 16, 2006,
and public comment period will run until 5:00 p.m. on November 17, 2006.
Water Quality Trading Program--OAC Chapter 3745-5. These rules provide requirements
of a voluntary water quality-trading program in Ohio. The program would allow a NPDES permit holder to
meet its regulatory obligations by using pollutant reductions generated by another wastewater point source or nonpoint source.
A public hearing was held November 15, 2006, and public comments accepted until 5:00 pm on November 16, 2006.
Implementation of Water Quality Standards--OAC 3745-2 and OAC 3745-33
. On October 5, 2006, Ohio EPA adopted amendments to existing rules for Ohio River background flow used for
wasteload allocations and adopted a new rule that addresses phosphorus discharges and discharges from cleanups of VOCs.
These adopted rules will become effective on December 1, 2006.
Wastewater Discharge Permits--OAC 3745-33-07. Clarifies requirements for obtaining
variances to wastewater discharge permits and revise mercury variance procedures. A public hearing has been scheduled for November 16, 2006.
Administrative Actions
In the Matter of Lanxess Corporation: Director’s Final Findings and Orders
Unilateral orders require facility to submit an engineering study to identify technically feasible control measures for acrylonitrile and butadiene emissions and perform air quality dispension modeling.
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