3745-34-01 Definitions.

 

 

 

State of Ohio Environmental Protection Agency

 

PUBLIC NOTICE

 

February 3, 2009

 

Notice of Proposed Rule-making and Public Hearing

 

Notice is hereby given that the Ohio Environmental Protection Agency, Division of Drinking and Ground Waters (DDAGW) is proposing revisions to the rules of the Ohio Administrative Code (OAC) which set forth the requirements for underground injection control wells.  The proposed amendments are, in part, a result of the five year rule review requirements of Section 119.032 of the Revised Code.

 

The division is proposing reorganized, revised and condensed UIC rules. Reorganization of the rules includes renumbering OAC rule 3745-34-13 to 3745-34-11 (Class V wells), and 3745-34-16 to 3745-34-12 (Application by permit; authorization by permit). The proposed rules also include clarifications and establishes new requirements for new Class V storm water drainage wells.  The following new proposed rules were added to compile related requirements in one location:

 

                            , Class V wells;

                            , Application by permit; authorization by permit; 3745-34-13, Class I permit application;

3745-34-14, Class I permit to drill applications; 3745-34-15, Class I permit to operate applications; 3745-34-16, Class V permit requirements; and

3745-34-63, Class I annual permit fee; fee per ton of waste injected.

 

OAC rules 3745-34-01 and 3745-34-04 include definitions and well classifications found throughout Chapter 3745-34.  Definitions that are no longer applicable due to rule revisions were removed.  Rules 3745-34-08 and 3745-34-09 were revised to correct citations, clarify language, and identify the content of cross-references not located in OAC Chapter 3745-34.  In addition, several corrections were made in the rules to identify the authorized permit applicant (the owner) in order to be consistent with section

6111.043 of the Revised Code.

 

Proposed rule 3745-34-11 establishes that the transition period for either closing or obtaining a permit for motor vehicle waste disposal (MVWD) wells and large capacity cesspools has expired.  Plain language was added to ban MVWD wells and large capacity cesspools, and permit approval of injection wells used for remediation purposes, and prior to injecting treated drinking water as part of an aquifer storage and recovery project. Additionally, language was added requiring owners of Class V storm water drainage wells to construct such wells in a manner that minimizes the injection of contaminants.

 

 

 

 

 

Annual fee requirements were moved from current rule 3745-34-16 to proposed rule 3745-34-63, which establishes language for submitting annual fees and fees per ton of waste injected.  Additional changes to this rule were made to make it consistent with section 6111.044 of the Ohio Revised Code and federal requirements.

Proposed rule 3745-34-07 contains language which notes that fluids injected into an underground source of drinking water shall not exceed established primary drinking water standards.  Additionally, language was added to prevent injection into Class V wells at concentrations that cause adverse environmental impacts.

Finally, the division amended rules to correct cross-references and citations affected by the proposed revisions. These rules include, 3745-34-17, 3745-34-32, 3745-34-35,

3745-34-39, 3745-34-49, 3745-34-54, and 3745-34-59.

As part of the rule-making process, the Agency is required by Section 121.39 of the Ohio Revised Code to consult with organizations that represent political subdivisions, environmental interests, business interests, and others affected by the rules. The Agency is offering you and your organization the opportunity to comment on these rules before the division adopts them.

A public hearing pursuant to §119.03 of the Ohio Revised Code will be conducted on March 10, 2009, beginning at 10:00 a.m. in Conference Room B at the Ohio EPA, Lazarus Government Center, 50 West Town Street, Columbus, Ohio.  All interested persons are entitled to attend or be represented and give their written or oral comments on this proposed rule-making.  A presiding officer will be present until all interested persons have been heard.

To facilitate scheduling of oral presentations, persons intending to give testimony at the hearing should ensure that Ohio EPA receives notice of such intent by 5:00 p.m. on March 9, 2009. Persons who provide Ohio EPA with prior notice will be heard ahead of persons who register at the hearing. All visitors to Ohio EPA must register at the Security desk in the lobby upon arrival. Please bring photo identification (such as a valid driver's license).  For security reasons, visitors are required to wear their badge at all times while in the building. Please arrive early to complete these procedures.  To provide notice of intent to give oral comments at the public hearing, contact Susan Baughman by mail at Ohio EPA, DDAGW, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, Ohio 43215, or by phone at (614) 644-

2752.

In order to ensure that written comments are considered as part of the official record of this hearing, written comments must be received by Ohio EPA by the close of business March 10, 2009.  Written comments on the proposed rules may be given to the presiding officer during the hearing, sent by mail to Susan Baughman at the address above, or sent by email to the following address  [e-mail].

To obtain a copy of the proposed rules, contact Flo Sellu at Ohio EPA at (614) 644- 2916 or email at [e-mail].  Please request the "proposed underground injection control rules" and, if a recorded message is left, be sure to include your name, telephone number, and complete mailing address.  There is no charge for proposed rules.  The proposed rules will be available on the Agency web page until their adoption or withdrawal.  The address is: http://www.epa.state.oh.us/ddagw/oac.html.

Questions concerning this proposed rule-making, other than obtaining copies of the proposed rules, may be addressed to Susan Baughman at the above address or by phone at [phone].  Email can be sent to [e-mail].