Rule Summary and Fiscal Analysis (Part A)
Ohio Environmental Protection Agency
Agency Name
Division of Materials and Waste Management (DMWM)
Michelle Mountjoy
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
michelle.mountjoy@epa.ohio.gov
Email
3745-27-23
Rule Number
RESCISSION
TYPE of rule filing
Rule Title/Tag Line Operation of solid waste transfer facilities.
RULE SUMMARY
1. Is the rule being filed for five year review (FYR)? 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: 3734.02, 3734.12
5. Statute(s) the rule, as filed, amplifies or implements: 3734.02, 3734.12
6. State the reason(s) for proposing (i.e., why are you filing,) this rule:
Ohio EPA is filing this rule to satisfy the five year rule review requirements under section 106.03 of the Ohio Revised Code (ORC). Ohio EPA has made the determination to rescind this rule and plans to file that determination with the Joint Committee on Agency Rule Review (JCARR).
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 establishes operating requirements for solid waste transfer facilities.
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 the Ohio Revised Code (ORC). 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:
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.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:
This rule is being refiled to upload the correct version of the rule.
12. Five Year Review (FYR) Date: 5/4/2016
(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
The rescission of this rule will not change Ohio EPA's projected budget during the current biennium.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:
The proposed rescission of this rule will neither increase nor decrease Ohio EPA revenues or expenditures in the current biennium and will have no impact on Ohio EPA's budget.
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:
Although there is a cost of compliance associated with this rule, any estimate must account for a range of significant variables. The cost will naturally vary depending on the size, design, and location of the transfer facility. Ohio EPA was unable to obtain current cost data from stakeholders; and therefore could not determine an accurate cost of compliance. An Ohio industry choosing to establish and operate solid waste transfer facility can however anticipate the cost of compliance to be less than that required of a municipal solid waste landfill. Costs obtained from the solid waste landfill industry identifies operation costs involving employer time associated with compliance with the operational requirements, documentation, and reporting and range from less than $1,000 to greater than $5,000 depending on complexity of the facility. Reported leachate treatment costs range from $0.01 to more than $0.11 per gallon depending on availability of treatment and characteristics of leachate.
U.S. EPA used a general assumption that the cost to build, own, and operate a transfer facility is $10 per ton of solid waste received in the document "Waste Transfer Stations: A Manual for Decision-making."
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.
S.B. 2 (129th General Assembly) Questions
18. Has this rule been filed with the Common Sense Initiative Office pursuant to
R.C. 121.82? Yes
19. Specific to this rule, answer the following:
A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
This rule does not directly require an authorization; however, an owner or operator of a solid waste transfer facility must obtain a permit and license prior to operation.
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes
Failure to comply with the operation requirements contained in this rule may endanger human health, safety, and the environment and could result in a penalty or sanction on the owner or operator of the transfer facility.
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
This rule requires expenditures associated with operating a solid waste transfer facility and the submittal of an annual report, certification report, and daily logs if applicable.
Page B-1 Rule Number: 3745-27-23
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.
This rule will only impose a cost to counties, townships, or municipal corporations that voluntarily choose to own or operate a solid waste transfer facility.
Comprehensive costs are outlined in the RSFA Part A document, as well as the Business Impact Analysis.
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.
See the response to question number two above.
(a) Personnel Costs
See above.
Page B-2 Rule Number: 3745-27-23
(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.
The determination to rescind this rule does not impose any new requirements. Further, a county, township, or municipal corporation is only subject to the financial requirements in the event that the county, township, or municipal corporation voluntarily chooses to own or operate a solid waste transfer facility.
7. Please provide a statement on the proposed rule's impact on economic development.
Ohio EPA is proposing to rescind this rule. There is no anticipated impact on economic development related to this rule filing.
Page E-1 Rule Number: 3745-27-23
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 via listserv to inform them of the process that would be used to obtain input on this rule. Concepts regarding the content of the rule and a copy of the rule were posted on a dedicated Ohio EPA, Division of Materials and Waste Management website. Throughout the development of the rule, impacted parties were invited to submit comments on the approach being taken in the evaluation of the rule. A list of interested parties is available upon request.
Additionally, once the rule is filed with JCARR, a public notice through the Register of Ohio will be provided in accordance with ORC 119.03.
(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
Page E-2 Rule Number: 3745-27-23
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.)
Internally, Ohio EPA reviewed the existing rule and authorizing statute in accordance with ORC 106.03 in reaching the determination to rescind this rule. Ohio EPA considered other regulatory and non-regulatory approaches when evaluating 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." Ohio EPA released the rule for an interested party comment period, and solicited comments from both the public and industry.
(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
Document Information
- File Date:
- 2016-05-10
- Five Year Review:
- Yes
- CSI:
- Yes
- Rule File:
- 3745-27-23_PH_RV_R_RU_20160510_1441.pdf
- RSFA File:
- 3745-27-23_PH_RV_R_RS_20160510_1441.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 3745-27-23. Operation of solid waste transfer facilities