News and Analysis
This week at the OMA Environment Committee meeting, members met with Laura Factor, Assistant Director of Ohio EPA. Ms. Factor updated the members on Director Butler’s priorities in the final year of the Kasich administration.
These priorities mostly involve water issues, and especially the reduction of phosphorus in Lake Erie. Members also reviewed potential legislation capping phosphorus discharge at 1.0 mg/L and reviewed the latest Construction Storm Water General Permit draft Ohio EPA recently released.
A panel presentation on the old Permit Processing Efficiency Committee by Plaskolite, former EPA Director Chris Jones and Ohio EPA also proved popular.
Laura Factor, Assistant Director, and Mike Hopkins, Assistant Chief, Permitting, Ohio EPA, visit with OMA Environment Committee members.
The OMA with several other business organizations has partnered with the law firm Steptoe and Johnson to set up a manufacturers’ meeting with U.S. EPA Region V and Ohio EPA senior management.
Representatives of U.S. EPA and Ohio EPA will provide updates on recent developments in all major program areas; this will be followed by a Q & A session for the benefit of the manufacturing companies in attendance.
Several other states in Region V have found these meetings useful in learning more about Region V policies and practices.
The meeting will take place on Tuesday, April 17 from 9:00 a.m. to noon (central time) at the U.S. EPA offices, 77 W Jackson Blvd, Chicago, IL 60604. While all OMA members are welcome, due to limited seating and security, please contact OMA’s Rob Brundrett to RSVP. Only those who RSVP can be admitted. 3/7/2018
In response to the Ohio River Valley Water Sanitation Commission’s (ORSANCO) recent public notice of its Pollution Control Standards (PCS) triennial review, the OMA provided written comments regarding potential revisions to the PCS.
OMA wrote: “The water quality goals of the Compact are being effectively addressed by the Clean Water Act and the PCS no longer provide the value and impact they once did. Today, the difference between the PCS and Clean Water Act standards can and do lead to confusion for the manufacturing community, and can create complications in the permitting process, where there is often no effective way to question or challenge the appropriateness or applicability of the underlying PCS in specific permitting situations. The more valuable role for ORSANCO today is to concentrate on its scientific and technical information gathering and research. This would allow ORSANCO to provide valuable information to the states in carrying out their obligations to preserve and protect water quality under the Clean Water Act. It would also help promote and coordinate consistency among the states in the Ohio River basin.” 2/22/2018
Ohio was authorized by U.S. EPA to implement the National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act (CWA) (Section 402(b) and 40 C.F.R. Part 123) on March 11, 1974.
Authorized states assume permitting authority and are required to administer the program in a manner no less stringent than the CWA and regulations adopted or subsequently amended by EPA.
By law Ohio EPA must review these rules every five years. Pursuant to the five year rule review, the agency is soliciting initial input on draft rule revisions for nine of the ten rules in the chapter.
The agency is considering minor revisions and updates to style and references to all of the rules in this chapter. Please see the fact sheet for specific details. The agency is also requesting feedback on two draft additive forms (here and here).
The OMA’s contact is Rob Brundrett. 2/22/2018
Earlier this month Ohio EPA provided notice that it will be issuing a draft general National Pollutant Discharge Elimination System (NPDES) permit for the statewide regulation of storm water associated with industrial activities.
The NPDES Statewide Construction Storm Water General Permit (Permit No. OHC000005) is the fifth generation of this general permit. The permit would authorize storm water discharges from construction activity disturbing one or more acres. Also, the permit would authorize some discharges that are not entirely storm water (such as trench dewatering), as well as storm water discharges from on-site concrete and asphalt batch plants.
This permit identifies who can apply to be covered, how an entity obtains coverage and how a permittee terminates coverage. The permit contains requirements for permittees to prepare, submit and implement a storm water pollution prevention plan (SWP3).
Interested persons are invited to submit written comments on this draft general permit. Comments should be submitted in person or by mail no later than 5:00 p.m. on April 4, 2018. An Ohio EPA public hearing to accept comments on the draft general permit has been scheduled for March 28, 2018 at 2:30 p.m. in the 6th floor Conference Room A at the Ohio EPA Lazarus Government Center, 50 West Town Street, Columbus, OH 43215. If you have questions or comments please contact OMA’s Rob Brundrett. 2/22/2018
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