3745-91-02 Application for approval of 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

3745-91-02

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Application for approval of 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: 6109.04

5.  Statute(s) the rule, as filed, amplifies or implements: 6109.04, 6109.07, 3745.11

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

This rule is being filed as part of the five year rule review requirements of section

119.032 of the Revised Code.

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 requirements for submittal of plans for construction or

installation of public water systems or substantial changes to existing public water systems and establishes associated fees. The amendments to this rule include updating a reference to its current version and a note on how to obtain it.

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 rules of the Administrative Code and sections of the Revised Code. Pursuant to section 121.76 of the Revised Code, these references are exempt from the requirements of sections 121.71 to 121.74. This rule also references the "Recommended Standards for Water Works" (2007), Great Lakes-Upper Mississippi Board of State and Provincial Public Health and Environmental Managers. The division submits that these references are generally accepted industry standards that are available to persons who reasonably can be expected to be affected by the rule and are, therefore, exempt from the requirements of sections

121.71 to 121.74 fo the Revised Code under section 121.75(E) of the Revised Code.

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: 8/13/2009

(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 proposed rule will neither increase or decrease agency 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:

Please see RSFA Attachment A.

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.

                                                                                                                                             

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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.

Please see RSFA Attachment A for the estimated cost of compliance. It is unknown which specific public water systems will submit plans for approval in the future, and so difficult to determine cost of compliance specifically for school districts, counties, townships and municipal corporations.

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.

As described in RSFA Attachment A, the cost of compliance for this rule was based on fees submitted during fiscal year 2009 for plan approval. Costs associated with this rule include fees related to plans for new construction or significant modifications and therefore would fall under the category of capital costs.

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(a)  Personnel Costs

Not applicable.

(b)  New Equipment or Other Capital Costs

See above.

(c)  Operating Costs

Not applicable.

(d)  Any Indirect Central Service Costs

Not applicable.

(e)  Other Costs

Not applicable.

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 proposed amendments to this rule are not expected to have an impact on the current cost of compliance. Therefore, the agency's and local government's ability to pay are already established and will not be affected by this filing.

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

The proposed amendments are not expected to have an impact on economic development.

                                                                                                                                             

Page E-1                                                                                   Rule Number: 3745-91-02

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.

Ohio EPA invited interested parties to comment on this rule during the period of January 26 to February 20, 2009. Comments received were considered and appropriate revisions to the rules were made. A list of interested parties 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.)

Ohio Revised Code sections 3745.11(N)(1), 6109.03, 6109.04 and 6109.07.

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(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 ? Yes

Is the proposed rule or rule amendment more stringent than its federal counterpart ? No

(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

Not Applicable

                                                                                                                                             

RS/FA for rule 3745-91-02, 3745-91-03 and 3745-91-08

Attachment A, Estimated Cost of Compliance

The cost of compliance for OAC rules 3745-91-02, 3745-91-03 and 3745-91-08 includes the costs associated with developing plans, providing required copies of plan drawings and specifications, and application fees. Approvable plans must meet the engineering standards established in the rules, which are no more stringent than would otherwise be required for similar projects that involve the practice of engineering.

The formula for calculating the plan review fees authorized by section 3745.11(N) of the Revised Code is $150 plus 0.35% of the estimated project cost, not to exceed $20,000. The fee varies commensurate with project size. Fees submitted to the Agency during fiscal year 2009 for plan approval totaled approximately $750,000 statewide, at an average cost of $1050.

Two new requirements which are expected to have associated costs are established in the rule by reference to the "Planning and Design Criteria for Establishing Approved Capacity for: 1) Surface Water and Ground Water Supply Sources, 2) Drinking Water Treatment Plants, and 3) Source/WTP Systems." The following estimate of these costs was developed in consultation with the Technology Committee of the American Water Works Association, which was instrumental in the development of the document.

First, public water systems will need to document the capacity of their water-supply source. The cost of compliance for this provision will depend on how the water system chooses to perform this analysis, which may include performing field tests and/or hiring a professional hydrogeologist.

The estimated cost for a hydrogeologist to perform this analyses for typical 8 to 12 inch tubular wells around 100 feet in depth is approximately $5,000 per well. Additional costs will likely be incurred as water system size and complexity increases.

Secondly, public water systems will be required to perform water demand projections and initiate design or other appropriate planning activities to address changes in capacity. The costs associated with this provision may include labor costs associated with performing the projections, whether done in-house or by hiring a consultant, and the cost of capital improvements if identified as necessary. These costs are expected to range from $160 for one day of an operator's time up to $10,000 if a consultant is hired.