3745-599-334 Generator obligations for record keeping and reporting - individual beneficial use permits.

 

 

 

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

[e-mail]

Email

3745-599-334

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Generator  obligations  for  record  keeping  and  reporting  -

individual beneficial use permits.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? 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, 6111.03, 6111.32

5.  Statute(s) the rule, as filed, amplifies or implements: 3734.02, 6111.03, 6111.32

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

Ohio EPA is filing this rule to implement a new regulatory program regarding the beneficial use of solid wastes, industrial wastes, and other wastes regulated under Ohio Revised Code (ORC) Chapters 3734. and 6111.

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 identifies the annual report and recordkeeping requirements for individual beneficial use permittees who are generators of a beneficial use byproduct.

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 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. If applicable, indicate each specific paragraph of the rule that has been modified:

This rule is being revised to correct a statutory authority in question number four and five.

12.  Five Year Review (FYR) 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 creation 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 creation 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:

The cost of compliance associated with this rule is administrative and includes expenditures necessary to prepare and submit the annual report, as well as the costs to maintain records.

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

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 submit an annual report or maintain records could result in a penalty or sanction on the generator of the beneficial use byproduct.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

This rule requires the submittal of an annual report. Expenditures are identified in question number fifteen.

                                                                                                                                             

Page B-1                                                                               Rule Number: 3745-599-334

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

Yes                              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 school districts, counties, townships, or municipal corporations that voluntarily choose to obtain an individual beneficial use permit to generate a beneficial use byproduct. 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: 3745-599-334

(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.

A school district, county, township, or municipal corporation is only subject to the financial requirements in this rule in the event that the school district, county, township, or municipal corporation voluntarily chooses to obtain an individual beneficial use permit to generate a beneficial use byproduct.

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 filing.

                                                                                                                                             

Page E-1                                                                               Rule Number: 3745-599-334

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 section 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: 3745-599-334

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 section 106.03 in reaching the determination to create 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