3745-300-05 Certified professionals.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Environmental Protection Agency

Agency Name

 

Division of Environmental Response and Revitalization (DERR)

Emily Patchen

Division                                                                  Contact

50 W. Town St. Suite 700 Columbus OH 43215-0000 614-728-5441

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3745-300-05

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Certified professionals.

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: 3746.04

5.  Statute(s) the rule, as filed, amplifies or implements: 3746

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

To amend the current Certified Professional rule by reducing the number of professional development hour unit (PDHU)s required per year and to remove the possiblity for PDHU carryover.

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:

Removes the possiblity for PDHU carryover, reduces the number of PDHUs

required each year, and removes the possibility for credit given for presentations and/or teaching courses.

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) and Ohio Revised Code (ORC). While copies of these rules and statutes are generally available to the public through libraries and online sources, including the Ohio EPA website, ORC section 121.76(A) exempts such references from the provisions of ORC sections 121.71 through 121.75. This rule also contains references to the Code of Federal Regulations (CFR) and various technical documents and electronic databases. These references are generally available through libraries, Ohio EPA and

U.S. EPA websites, and web pages identified in the rule. CFR references have also been dated to reference the specific version of the rules. ORC section 121.75(D) exempts such references from the requirements 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:

Due to the voluntary nature of the program, the rules reference a large amount of technical information that the private sector can use in site assessment and cleanup. It is infeasible to file such a large amount of material electronically. In addition, some of the technical data is only available as an electronic database. The documents are generally available at Ohio public libraries and the state library of Ohio, or on the web pages provided in the rule. Information and copies may also be obtained by writing to the Voluntary Action Program, Lazarus Government Center,

P.O. Box 1049, Columbus, Ohio 43216-1049. http://www.epa.ohio.gov/derr/volunt/volunt.aspx

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:

The previously filed rule contained the following changes:

-CP certification period was changed to 3 years rather than one.

-Required 36 professional development hour units (PDHU) over the three year certification period, or 12 PDHUs per year.

-Allowed for the ability to PDHUs for presenting or instructing the same course more than one time.

The refiled proposed rule contains the following differences from the previously filed rule:

-CP certification period is changed back to one year.

-Requires 12 PDHUs be earned annually.

-Removes the possibility for additional PDHUs to be earned through instruction or presentation of the same course.

12. 119.032 Rule Review Date: 3/1/2014

(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

This will have no impact on revenues or expenditures. This rule will neither increase or decrease Ohio EPA revenues or expenditures in the current biennium

and 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:

The expenditures necessitated by this proposed rule are already contained within the Agency's budget and the appropriations have already been authorized. There are no expenditures necessitated by this 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:

Participation in the Voluntary Action Program (VAP) and the rules involved is voluntary on the part of the participant. The costs and fees for participating in the program can vary significantly depending on the size and scope of the cleanup involved. As a result, any cost associated with participation in the program would be incurred on a site specific basis.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

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 E-1                                                                                 Rule Number: 3745-300-05

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.

The interested party notification was distributed to the interested parties through email notification, and was sent to those interested parties signed up to receive notifications on Ohio EPA programs. The interested party comment period started November 4, 2011 and ended December 5, 2011. A distribution list of the interested parties 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 IN LIEU OF THE ACTUAL DOCUMENTATION.)

The changes to the rules were sent out for Interested Party Review, and the

Page E-2                                                                                 Rule Number: 3745-300-05

comments and responses to the comments are included as an attachment- Summary of Interested Party Comments to Rule Changes. The interested parties include the Certified Professionals, Certified Laboratory Representatives, the list of respondents to the agency's web page indicating an interest in the VAP rules, and the Site Assessment and Brownfield Program's interested party list. A copy of this will be furnished upon request.

(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