3745-500-120 Procedures for issuing, denying, modifying, transferring, and revoking licenses and permits to install.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Environmental Protection Agency

Agency Name

 

Division of Materials and Waste Management (DMWM)

Michelle Braun

Division                                                                  Contact

50 West Town St., Suite 700 PO Box 1049 Columbus 614-728-5372        614-728-5315 OH 43216-1049

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3745-500-120

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Procedures for issuing, denying, modifying, transferring, and

revoking licenses and permits to install.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

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: 3734.02

5.  Statute(s) the rule, as filed, amplifies or implements: 3734.02, 3734.05, 3734.09, 3734.44

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

The purpose of this rule is to establish uniform procedures for issuing, denying, modifying, transferring, and revoking licenses and permits to install.

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:

This rule outlines procedures for issuing, denying, modifying, transferring, and revoking licenses and permits to install.

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 contains references to the Ohio Administrative Code (OAC). While copies of these rules and statutes are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC section 121.76

(A)   exempts such references from the provisions of ORC sections 121.71 through 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:

This rule does not incorporate any text or other material by reference that is not exempted from compliance with sections 121.71 to 121.74 of the Revised Code.

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:

Not Applicable.

12.  119.032 Rule Review Date:

(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

The proposed new rule will neither increase nor decrease Ohio EPA revenues or expenditures in the current biennium. The new rule will have no impact on Ohio EPA's budget.

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

There are no expenditures necessitated by the proposed rule, therefore no appropriations have been identified.

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 associated with this rule is the cost of stenographic record (transcript) prepared by a court reporter which can range from $50 to $4000.

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.

                                                                                                                                             

Page B-1                                                                               Rule Number: 3745-500-120

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

No                                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.

If a county, township, or municipal corporation is an Ohio EPA "Approved Health Department," then the costs of compliance is identical to those identified in response to question 15 of RSFA Part A.

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.

A comprehensive cost estimate for this rule includes personell costs to review and prepare a notice regarding the decision to issue, deny, modify, transfer, or revoke a license or permit to install. Costs to cover a hearing, if requested, are also included in this rule, including a stenographic record. Additional costs include the cost to prepare and send a written final action via certified mail or another form of mail accompanied by a receipt.

Page B-2                                                                               Rule Number: 3745-500-120

(a)  Personnel Costs

Costs to review and prepare a notice regarding the decision to issue, deny, modify, transfer, or revoke a license or permit to install.

(b)  New Equipment or Other Capital Costs

See above.

(c)  Operating Costs

See above.

(d)  Any Indirect Central Service Costs

See above.

(e)  Other Costs

See above.

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.

If a health district chooses to be on Ohio EPA's "Director's List of Approved Health Departments," then the health department receives money for administering the program in their jurisdiction. Costs of this regulation are built into the approved county board of health's budget outlined for those monies. If the board of health is not on the approved list, Ohio EPA incurs the cost of the rule using monies in their operating budget.

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

There is no anticipated impact on economic development related to this rule.

                                                                                                                                             

Page E-1                                                                               Rule Number: 3745-500-120

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.

Interested/affected parties were contacted to inform them of the process which would be used to obtain input on these rules. Concepts regarding the content of the rules were posted on dedicated Ohio EPA, Division of Materials and Waste Management website. Throughout the development of the rules, impacted parties were invited to submit comments on the approach being taken in the development of the rules. Additionally, once filed with JCARR, impacted parties will be notified directly of the filing and the opportunity to comment at the public hearing and JCARR. A list is available 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

Page E-2                                                                               Rule Number: 3745-500-120

IN LIEU OF THE ACTUAL DOCUMENTATION.)

Internally we reviewed existing rules to determine which rules and what aspects needed updating, modifying, or eliminated. We considered other regulatory and non-regulatory approaches when developing this rule and also considered enforceability and criteria from the internal procedures document titled, "The Division of Solid and Infectious Waste Management's Rule Writing Manual." We released the rule for an interested party comment period, and solicited comments from both the public and industry. We then considered comments and evaluated rules and costs that were outlined in the feedback we received.

(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 ? No

Is the proposed rule or rule amendment more stringent than its federal counterpart ? Not Applicable

(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