News and Analysis
Ohio EPA has scheduled a webinar about the beneficial use rules to give stakeholders an opportunity to ask questions and receive clarification prior to the public hearing. This webinar will be held on August 23, 2016, from 2:00 – 3:00 p.m. EST. The WebEx meeting number is 633 506 035. Click this link to join the meeting. To call in, dial 1-614-230-0229 or 1-877-372-2917, then enter the meeting ID: 46467#.
Last week the OMA and other business allies submitted formal comments to Ohio EPA regarding the agency’s rulemaking in the response to U.S. EPA’s finding of “substantial inadequacy” and state implementation plan (SIP) call to amend provisions applying to excess emissions during startup, shutdown and malfunction (SSM) periods. The OMA and its allies filed comments in 2013 to U.S. EPA in opposition to its proposed SSM SIP Call (combined at above link).
This week Ohio EPA released its public notice of its proposed rulemaking governing beneficial use. This rule package was started in the summer of 2012. The purpose of the new rules is to establish a regulatory program pertaining to the beneficial use of solid wastes, and other wastes, regulated pursuant to Ohio Revised Code Chapters 3734 and 6111.
The public comment period will run until August 29, 2016. A public hearing on the proposed rules will be held on August 29, 2016 at 10:30 a.m. at Ohio EPA, Lazarus Government Center, 50 W. Town Street, Suite 700, Columbus, Ohio. If you have questions or comments please contact OMA’s Rob Brundrett.
Registration is open for the second annual Midwest Environmental Compliance Conference (MECC), sponsored by OMA, to be held November 1-3 at the Crowne Plaza Chicago O’Hare, Chicago, IL. Early bird pricing for the regulated community is $450 through September 30.
This is the most comprehensive environmental compliance conference for the Midwest regulated community.
Please use code “OMA” when registering.
The OMA continues to work with our national allies fighting the Obama administration’s onerous new ozone standards. In this, we urge all manufacturers to sign this petition asking the U.S. Senate to consider and support S. 2882, the Ozone Standards Implementation Act.
The bill provides states and manufacturers more flexibility in implementing the U.S. EPA’s 2015 ozone rule, while ensuring continued improvements in air quality and more regulatory certainty to promote investments and economic growth.
Facilities now have two additional options for completing the RCRA Subtitle C Site Identification (ID) form that is used for certain waste activity notification required by hazardous waste regulations. The new options are Site ID Form Wizard (Wizard) or U.S. EPA’s myRCRAid service via its Central Data Exchange (CDX).
The Wizard is a web-based alternative geared to users who are new to the hazardous waste program and may not understand the terminology (however, anyone can use it). References to rule requirements and explanations are on each screen. Using the Wizard should produce fewer form errors and omissions, thereby decreasing Ohio EPA processing time. Once users have entered all the required information, they can print, sign, and mail the form to Ohio EPA.
The myRCRAid service requires a CDX account and can only be used for updating existing ID numbers, although U.S. EPA plans to allow new IDs to be requested via myRCRAid. Once approved, the user selects the ID Number to update and make changes to a pre-populated Site ID Form. The form is electronically signed and submitted for Ohio EPA processing.
The Division of Environmental and Financial Assistance’s Office of Compliance Assistance and Pollution Prevention within Ohio EPA offered this handy advice to manufacturers and businesses regarding emissions permits. The department outlines three different scenarios under which an air emission source could be exempt from permitting.
On June 3, the U.S. EPA issued a final rule, with a revision to the regulations applicable to permitting of stationary sources of air pollution under the New Source Review and title V programs in the Clean Air Act.
The final rule is in response to Summit Petroleum Corp. v. EPA decision, which caused the meaning of the term “adjacent” to be in flux since 2012.
For more on this important rule see this article from OMA environmental counsel Bricker and Eckler.
Ohio EPA issued notice of its review of Ohio Administrative Code Rules pertaining to “Particulate Matter Standards.” Major revisions include removing regulation and emission limits for air pollution sources that are located at facilities that have been completely and permanently shut down. The rules also provide an additional compliance option for facilities that are required to use a continuous opacity monitor (COM) to determine compliance with visible emissions requirements.
In situations where a COM would not provide accurate visible emissions determinations, such as air contaminant sources that are controlled by wet scrubbers, operators may install a particulate matter continuous monitor (CEM).
The rule will also require the air contaminant source to comply with a particulate emissions limit of 0.030 pounds of particulate emissions per million British thermal units of heat input.
For more information please review the drafts at the Ohio EPA rule website.
Ohio EPA has made available a draft for comment of amended rules in Ohio Administrative Code (OAC) chapter 3745-71, “Lead Emissions.” This chapter includes standards for ascertaining, defining, and measuring ambient air quality for lead particulates.
Specifically, the Division of Air Pollution Control (DAPC) has requested comments on the draft rules and the draft business impact analysis (BIA) before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR).
DAPC will accept comments through Monday, July 18, 2016. Please see the public notice, draft business impact analysis, synopsis of changes and other documents at these links. Contact OMA’s Rob Brundrett with questions.