3745-85-01 Contingency plans.

 

 

 

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

3745-85-01

Rule Number

NO CHANGE

TYPE of rule filing

Rule Title/Tag Line              Contingency plans.

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: 6109.03, 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 filed to fulfill the five year rule review requirements of Ohio Revised Code section 119.032.

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 requires each community water system to maintain a written contingency

plan for providing safe drinking water to its service area during emergency conditions. The rule also contains provisions for minimum content and periodic updating of the plan as well as outlining where the plan is to be located.

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 rule 3745-81-01 of the Administrative Code. In accordance with section 121.76 of the Revised Code, this reference is 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:

Not Applicable.

12. 119.032 Rule Review Date: 3/17/2011 and 03/17/2016

(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

Filing this rule as no change will have no impact on Agency revenues and expenditures.

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:

Depending on the size of the public water system and how detailed they would like to be in their plan, the contingency plan may cost as little as $40 or as much as

$15,000. Please see the RSFA Part B 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.

                                                                                                                                             

Page B-1                                                                                   Rule Number: 3745-85-01

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.

Depending on the size of the public water system and how detailed they would like to be in their plan, the contingency plan may cost as little as $40 or as much as

$15,000.

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.

Ohio EPA provides public water systems with a Contingency Plan Template which can be filled out to meet the minimum requirements of the rule. Based on agency staff and public water system personnel information, it is estimated that it would take a water operator approximately two hours to fill out the template, so it costs approximately $40 to produce a contingency plan in accordance with this rule.

However, many larger public water systems may choose to develop more detailed

Page B-2                                                                                   Rule Number: 3745-85-01

contingency plans that cost considerably more. Some systems may also choose to house multiple copies of the contingency plan at a number of locations. This may cost up to $15,000 if the system is very large and has elected to develop a plan that is above the minimum requirements of the rule. This existing cost of compliance will remain unchanged by this filing.

(a)  Personnel Costs

Please 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

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.

The agency's and local government's ability to pay has already been established and will be unaffected by this no change filing.

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

The no change filing is not anticipated to have any impact on economic development.

                                                                                                                                             

Page E-1                                                                                   Rule Number: 3745-85-01

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.

According to Sections 119.03 and 6109.04 (D) of the Revised Code, interested parties need only be consulted if a rule is being adopted, amended, or rescinded. This rule is being filed as "no change" pursuant to a 119.032 rule review. Interested parties were notified about the rule filing through the Ohio Business Gateway for a seven day review period and a list of those contacted 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.)

Page E-2                                                                                   Rule Number: 3745-85-01

ORC Section 6109.04 "Administration and enforcement of chapter" was considered. A copy 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