News and Analysis
This week the OMA submitted comments to Ohio EPA on its Proposed Draft Hazardous Waste Laundered Textile Exclusion Rule 3745-51-06. In its comments OMA suggested that instead of creating and implementing an entirely new regulatory scheme for textile exclusion, Ohio EPA should adopt the approach taken by Indiana, which has proven to be highly successful, straightforward in implementation and environmentally-friendly.
The Indiana Department of Environmental Management (IDEM) does not regulate “contaminated” (i.e., soiled) clothing sent for cleaning and reuse as a “solid waste,” therefore, laundered and reused clothing is not subject to certain regulation.
If Ohio EPA proceeds with the proposed rule, OMA will argue to minimize the conditions placed on the generators of such textiles. The current rule draft is too burdensome for many of the intended beneficiaries to take advantage of the intended exclusion. 2/15/2018
Two bills currently pending in the General Assembly would double the municipal solid waste fee from $0.25 per ton to $0.50 per ton. Proceeds from this fee increase would fund the local Solid and Water Conservation Districts (SWCDs) in each of Ohio’s 88 counties.
There was an attempt to include the bills, Senate Bill 228 and House Bill 463, as an amendment in last year’s state budget bill. They were rejected at that time due to strong opposition. Now the bills have been introduced in standalone fashion. House Bill 463 had sponsor testimony late last month.
SWCDs are independent political subdivisions of state government organized along county boundaries providing technical assistance to urban and rural land users. An elected board of local citizens provides SWCD leadership. Local offices provide education and programs at the local level. Most programs are designed for agricultural and nonpoint sources. Therefore, these bills appear to be a fee increase for almost no new benefit for manufacturers.
The OMA is working with allies to oppose these new potential fee increases. 2/8/2018
Ohio EPA developed a new fact sheet for the updated Universal Waste (UW) rules. Three new types of UW have been added to the list: paint and paint-related waste, antifreeze, and non-empty aerosol containers.
Per the Ohio Administrative Code, UW are not fully regulated as hazardous waste. These waste streams may be managed as universal waste within the state of Ohio. However, other states may not have designated these wastes as a UW. Therefore, if you send an Ohio-specific universal waste to or through another state, you must comply with that state’s requirements for the transportation and management of the waste. 2/1/2018
Earlier this month Ohio EPA proposed to amend its rules regarding the identification and listing of hazardous wastes under the Ohio Administrative Code. The proposed rule seeks to regulate, and provide a conditional exclusion for “hazardous waste textiles.”
The proposed rules define “hazardous waste textiles” to include any material that comes into contact with a hazardous waste as defined by Ohio law; Ohio EPA’s examples of “hazardous waste textiles” include rags, gloves, uniforms, linens, smocks, coveralls and mops, among other materials.
Under the proposed rules, the 10-step procedure for an entity to follow in order to have a contaminated textile excluded from regulation is clear, but the rule is very strict to meet, which raises some concern regarding the regulatory burden and compliance costs that will be associated with this new rule.
OMA environment counsel Frank Merrill of Bricker & Eckler drafted this memo detailing the changes and procedures. If you have any questions regarding the proposed exclusion, how to meet the exclusion, or what impact the proposed rules will have if enacted, contact OMA’s Rob Brundrett . 1/25/2018
What do 100 55-gallon clean, metal drums in good condition and two bottom-dump rail cars of unused Nugent W-3 raw sand have in common?
They are just two of the products looking for new homes via Ohio EPA’s online Materials Marketplace.
The Materials Marketplace matches donors with seekers of recyclable materials, thus building Ohio’s circular economy. More than 465 companies joined the platform last year and led to 64,000 pounds of material being diverted from the landfill.
Learn more here. 1/10/2018
OMA Connections Partner, Safex, has published this tech bulletin about Ohio’s new universal waste rule that adds three items to the state’s universal waste list: non-empty aerosol cans, hazardous paint and paint related wastes, and hazardous anti-freeze. The rule went into effect on December 21, 2017.
Safex wrote: “… Allowing these items to be classified as universal wastes should simplify the management of hazardous waste for your company.”
Safex is offering a free one-hour webinar – Waste Ohio Rules Change – on Tuesday, January 9 @ 1:00 p.m. Register here. 1/4/2018
According to a December 19, 2017 press release from the U.S. Environmental Protection Agency (EPA), Administrator Scott Pruitt announced the appointment of Cathy Stepp to become regional administrator for Region 5, which includes Indiana, Illinois, Michigan, Minnesota, Ohio and Wisconsin.
“Cathy Stepp currently serves as a principal deputy regional administrator for Region 7 and will return to the Midwest region where she previously served as the secretary of the Wisconsin Department of Natural Resources from 2011 to 2017. While serving as a state cabinet secretary, Cathy lead the third largest agency in the state with about 4,000 employees and was responsible for state enforcement and protection of: wildlife, fisheries, state parks, trails, forests, and environmental permitting,” per the release.
Also according to the release, Ohio EPA Director Craig Butler said: “I am very pleased that Cathy Stepp will be the USEPA region 5 administrator. She is a strong leader with proven state experience. She knows how to get things done and I look forward to working closely with her.” 1/4/2018
This presentation on Wednesday, January 17, 2018 at 10:00 a.m. will cover how to electronically file the Hazardous Waste Report for the State of Ohio using Ohio EPA’s eBusiness Center through the eDRUMS service. There will be a second presentation to follow that will go over the specifics of filing the report.
Register here. 1/2/2018
The Office of Compliance Assistance and Pollution Prevention (OCAPP) of the Ohio EPA provides free and confidential assistance to help Ohio businesses comply with Ohio’s environmental requirements, such as completing permit applications and recordkeeping forms.
The office offers assistance with pollution prevention, sustainable materials management, zero waste initiatives and many other sustainability efforts designed to help customers increase profits and efficiency while reducing waste.
Learn more at this webinar on Thursday, February 8, 2018 at 10:00 a.m. 1/2/2018