3745-7-03 Public water system classification and staffing requirements.  

  • Text Box: ACTION: Refiled Text Box: DATE: 01/11/2012 3:09 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Ohio Environmental Protection Agency

    Agency Name

     

    Division of Drinking and Ground Water (DDAGW)

    Susan Baughman

    Division                                                                  Contact

    50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049

    614-644-2763        614-644-2909

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    3745-7-03

    Rule Number

    AMENDMENT

    TYPE of rule filing

    Rule Title/Tag Line              Public water system classification and staffing requirements.

    RULE SUMMARY

    1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

    2.  Are you proposing this rule as a result of recent legislation? No

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 6109.04

    5.  Statute(s) the rule, as filed, amplifies or implements: 6109.04

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    This rule is being proposed to fulfill the five year rule review requirements of section 119.032 of the Revised Code.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    The rule describes how each public water system or treatment plant and distribution

    system within a public water system is classified and the staffing requirements for each classification of system. Proposed revisions remove expired requirements, clarify requirements, add a provision addressing continuous monitoring, and establish a limit on the use of lower levels of operators to prevent abuse of the provision.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This rule references rules of the Administrative Code. In accordance with section

    121.76 of the Revised Code these references are exempt from the requirements of sections 121.71 to 121.74.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    Not applicable.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

    This rule is proposed for refiling to correct symbol errors discovered in the tables.

    12. 119.032 Rule Review Date: 11/30/2011

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date

    for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures. 0.00

    Ohio EPA will determine compliance with the rule requirements and issue notices of violation as appropriate. These activities are within the normal operating business of the agency, and are not expected to have an impact on the agency's current budget or require additional appropriations.

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    Not applicable.

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    The cost of compliance with this rule is tied to the cost of compliance of rule 3745-7-02. Rule 3745-7-02 requires public water systems have an operator of

    record onsite in accordance with staffing times in this rule. Ohio EPA estimates that the total statewide cost of compliance with these two rules for public water systems is approximately $27,895,986.84 per year. Please note that the estimate does not take into account the rule's several provisions allowing for reductions in the amount of time the operator of record is required to be onsite. Should those provisions be taken advantage of, the overall cost of compliance could be much less. Please see Attachment A Cost of Compliance 3745-7-03 for details.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes

    You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 of the 120th General Assembly.

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes

    You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 of the 121st General Assembly.

    Text Box: ACTION: Refiled                                                                                                                                              Text Box: DATE: 01/11/2012 3:09 PM

    Page B-1                                                                                     Rule Number: 3745-7-03

    Rule Summary and Fiscal Analysis (Part B)

    1.  Does the Proposed rule have a fiscal effect on any of the following?

    (a)  School Districts

    (b)    Counties                                 (c) Townships           (d) Municipal

    Corporations

    Yes                              Yes                              Yes                              Yes

    2.  Please provide an estimate in dollars of the cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate.

    Public water systems incurring costs to comply with this rule may pass some or all of the costs on their consumers (which may include schools in their service area). This is a business decision of each water system over which Ohio EPA has no jurisdiction, and as such, it is difficult for Ohio EPA to predict the cost to each individual consumer of the water system.

    3.  If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No

    4.  If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

    Not Applicable.

    5.  Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.

    The cost of compliance with this rule is tied to the cost of compliance of rule 3745-7-02. Rule 3745-7-02 requires that public water systems have an operator of record onsite in accordance with staffing times in this rule. The agency estimates that the total statewide cost of compliance with these two rules for public water

    systems is approximately $27,895,986.84 per year. Please see Attachment A Cost of Compliance 3745-7-03 for details. Please note that the estimate does not take into account the rule's several provisions allowing for reductions in the amount of time the operator of record is required to be onsite. Should those provisions be taken advantage of, the overall cost of compliance could be much less.

    (a)  Personnel Costs

    See above.

    (b)  New Equipment or Other Capital Costs

    Not applicable.

    (c)  Operating Costs

    Not applicable.

    (d)  Any Indirect Central Service Costs

    Not applicable.

    (e)  Other Costs

    Not applicable.

    6.  Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.

    Requirements for ensuring public water systems, treatment works, and sewerage systems are manned by an appropriately certified operator of record are currently in effect and, as such the agency's and local government's ability to pay have already been demonstrated.

    7.  Please provide a statement on the proposed rule's impact on economic development.

    While there are some costs associated with this rule which may have a negative effect on economic development, the availability of a safe, reliable and adequate water supply is essential to Ohio's economic success. Professionally trained

    operators are an essential part of the process of providing the safe, reliable and adequate water supply.

    Text Box: ACTION: Refiled                                                                                                                                              Text Box: DATE: 01/11/2012 3:09 PM

    Page E-1                                                                                     Rule Number: 3745-7-03

    Environmental Rule Adoption/Amendment Form

    Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall:

    (1)    Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment.

    (2)   Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment.

    (3)  Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whether the proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart.

    (4)   Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

    (A)  Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted ? Yes

    Please list each contact.

    Ohio EPA invited parties to comment on this rule during the period of September 22, 2011 to October 21, 2011. Comments received were considered and appropriate revisions to the rules were made. A list of interested parties will be furnished upon request.

    (B)  Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or amendment considered ? Yes

    Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

    Ohio EPA considered section 6109.04 of the Revised Code, as well as U.S. EPA's Final Guidelines for the Certification and Recertification of the Operators of

    Page E-2                                                                                     Rule Number: 3745-7-03

    Community and Nontransient Noncommunity Public Water Systems; Notice, 64 FR 5915 (February 5, 1999).

    (C)  Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program ? Yes

    Is the proposed rule or rule amendment more stringent than its federal counterpart ? Yes

    What is the rationale for not incorporating the federal counterpart?

    U.S. EPA has not promulgated rules for an operator certification program, but rather has issued guidelines for the certification of public water system operators. Any state that does not implement an operator certification program at least as stringent as the guidelines is subject to lose 20% of the state's Drinking Water State Revolving Fund capitalization grant. This would amount to approximately $9 million dollars for Ohio. The federal guidelines also prohibit states from backsliding existing program requirements to make them less stringent even if they would meet the federal guidelines. While there are not equivalent guidelines for treatment works and sewerage systems, Ohio maintains an operator certification program to maintain consistency with other states and to comply with the

    anti-backsliding provisions of the federal guidelines. Ohio's rules may be perceived as more stringent because we are more detailed than the federal guidelines.

    Establishing this additional level of detail is not only necessary to implement the program, but is also the expectation of U.S. EPA as indicated in the guidelines. In this rule, detail has been established as necessary to implement the program and as directed by U.S. EPA.

    (D)  If this is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No

    Text Box: ACTION: Refiled                                                                                                                                              Text Box: DATE: 01/11/2012 3:09 PM

    Text Box: Attachment A
Ohio Administrative Code Rules 3745-7-02 and 3745-7-03 Estimated Cost of Compliance, Public Water Systems

    *The proposed rule revisions are not expected to change the current cost of compliance.

    System Classification

    Operator's Hourly Wage + 50% indirect cost

    Minimum Staffing Requirement

    Estimated Cost per System per Year (Median Wage x Hours)

    Number of Systems Affected Statewide

    Estimated Statewide Cost per Year

    Class A without treatment

    $30.38

    0.5 hours / week

    $789.88

    152

    $120,061.76

    Class A with treatment

    $30.38

    1 hour / week

    $1,579.76

    1011

    $1,597,137.40

    Class I

    $30.38

    1.5 hours / week

    $2,369.64

    352

    $8,341,113.28

    Class II

    $32.43

    20 hours / week

    $33,727.20

    107

    $3,608,810.40

    Class III

    $35.80

    40 hours / week

    $74,464.00

    131

    $9,754,784.00

    Class IV

    $43.02

    40 hours / week

    $89,481.60

    50

    $4,474,080.00

    Total estimated cost per year:  $27,895,986.84

    (Figures adjusted with Bureau of Labor Statistics, Inflation Calculator)