RULES: Early Stakeholder Outreach - Recent RCRA FRs and All-Review
Early Stakeholder Outreach - Recent RCRA FRs and All-Review
What does this rules package cover?
This rule package generally covers several Federal RCRA rule changes as published in the Federal Registers (FR) detailed later in this Fact Sheet. These will impact Ohio rules in the Hazardous Waste Management Program, in OAC Chapters 3745-50 to 3745-279. This rules package will:
Update the Import-Export provisions.
Update the E-Manifest provisions from Phase 2 and address the newer changes from E-Manifest Phase 3.
Address the amendments to the import-export codes applicable to Canada-specific hazardous waste.
Address the Management of Certain Hydrofluorocarbons FR, which provides requirements for certain ignitable spent refrigerants being recycled for reuse.
Address a technical corrections FR which covers corrections to rules from the Generator Improvements rule, the Hazardous Waste Pharmaceutical rule, and the Definition of Solid Waste rule (all of which have already been addressed in prior Ohio rulemaking). It makes a number of corrections to improve and clarify those provisions.
Why are these concepts being sent out for Early Stakeholder Outreach?
The first step in the rulemaking process is for Ohio EPA to identify that a rule needs to be amended, rescinded, or created. Ohio EPA has added an additional step to ensure stakeholders are brought into the rulemaking process as early as possible. This additional interested party notification and request for information will allow for early feedback before the rule language is developed by Ohio EPA.
What changes are being considered?
The changes under consideration include both Federally-driven new and amended rules, and state-initiated changes to correct cross-references, typographical errors, and make other non-substantive changes. In addition, rules in this package that are subject to five-year review under ORC 106.03 will be reviewed and amended as necessary.
Federally-driven changes:
Ohio’s hazardous waste rules must be functionally equivalent to their federal Resource Conservation and Recovery Act (RCRA) counterpart regulations in 40 CFR Parts 124 and 260 to 279. Several Ohio rules need to be created or amended to address changes to their federal RCRA counterpart provisions, as published in the following FRs (and shown on the federal rulemaking Checklists indicated):
Imports and Exports of Hazardous Waste, Implementation of OEDC Council Decision, and Corrections; 61 FR 16290, 04/12/1996, Checklist 152. We adopted most of the federal provisions from this FR in a prior rulemaking. In this rulemaking, we’re picking up the 40 CFR Part 262 subpart H rules (instead of just referencing them), and correcting cross-references accordingly. The transboundary movement of hazardous waste (including importing and exporting) authorities in these provisions are not delegable to states, so the rules’ federal references will remain, as appropriate.
E-Manifest Rule, Phase 2 (fee rule); 83 FR 420, 01/03/2018, Checklist 239. We adopted most of the federal provisions from this FR in a prior rulemaking, but we did not pick up the 40 CFR Part 264 Subpart FF and 40 CFR Part 265 Subpart FF provisions. These are the hazardous waste E-Manifest fee provisions, which Ohio EPA does not collect or manage, so we are still not picking up the Subpart FF rules. However, in this rulemaking, we’ll ensure that all the rule amendments are complete and have the correct cross-references to the federal fee-related provisions, according to U.S. EPA’s requirements. The E-Manifest fee authorities are not delegable to states, so the rules’ federal references will remain, as appropriate.
Conforming Changes to Canada-Specific Hazardous Waste Import-Export Recovery and Disposal Operations Codes; 86 FR 54381, 10/01/2021, Checklist 244. This rule amends several of the 40 CFR Part 262 subpart H rules (which we’re adopting per the FR shown above), as well as several other provisions. The appropriate import-export codes applicable to Canada-specific hazardous waste are amended and clarified.
E-Manifest Rule, Phase 3; 89 FR 60692, 07/26/2024, Checklist 247. This is the last phase of the federal e-manifest updates, and it also completes the known corrections. The E-Manifest authorities are not delegable to states, so the rules’ federal references will remain, as appropriate.
Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020: 89 FR 82682, 10/11/2024, Checklist 248. This rule creates new 40 CFR Part 266 subpart Q, which provides requirements for certain ignitable spent refrigerants being recycled for reuse. It also amends several provisions to address these new provisions.
Technical Corrections Rule; 89 FR 99727, 12/11/2024, Checklist 249. To address this FR, Ohio EPA will amend rules originally promulgated in or amended from the following FRs: the Hazardous Waste Generator Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste rule. This is the second federal technical corrections rule that corrects those particular federal provisions.
State-initiated changes:
In addition to changes from the above FRs, many of the rules in this package will be reviewed pursuant to ORC 106.03 to accomplish their required five-year review, and potentially to request exemption for rules that meet the exemption requirements. With this package, we are consolidating all the hazardous waste management program’s 5-year review rules into a single package, instead of splitting their review over several years in different rule packages. Our intent is to have all the 5-year review rules reviewed together every 5 years, making it easier to highlight the 5-year review package, and easier to navigate around the required review date in developing federally-based rules packages.
A few rules in this package are currently exempt from five-year review, but are included to make non-substantive but necessary corrections (e.g., typos that could change meaning or intent).
As this rules package is developed and the 5-year rules are reviewed, additional rules from the hazardous waste management program may be added to this package to achieve or maintain program consistency.
Who will be regulated by these rules?
Anyone who is currently regulated by the hazardous waste management rules as a generator, transporter, importer, or exporter of hazardous waste, or who engages in the treatment, storage, or disposal of hazardous waste or waste that is determined to be universal waste, are regulated by the rules in this ESO.
What is the rulemaking schedule?
These rules will be in Early Stakeholder Outreach (ESO) for about thirty days, from May 7, 2025, to June 6, 2025. After the ESO ends, Ohio EPA will review all comments and take them into account when drafting the rules. Ohio EPA will then provide the draft rules package for review by Interested Parties, where stakeholders and the public will have an opportunity to comment on the draft rules.
What input is Ohio EPA seeking?
The following questions may help guide you as you develop your comments.
Is the general regulatory framework proposed the most appropriate? Should Ohio EPA consider any alternative framework?
What options are available for improving an identified concept? What options are available for improving the existing rules?
Are there considerations Ohio EPA should consider when updating the existing rules? Are there considerations Ohio EPA should take into account when developing a specific concept?
Is there any information or data Ohio EPA should be aware of when developing program concepts or rule language?
The following questions may help guide you as you develop your comments.
Ohio EPA would especially like to hear information regarding the following from stakeholders who may be impacted by the new program.
Would this regulatory program have a positive impact on your business? Please explain how.
Would this regulatory program have an adverse impact on your business? If so, please identify the nature of the adverse impact (for example, license fees, fines, employer time for compliance).
Ohio EPA is seeking stakeholder input on the amended, new, and 5-year review rules concepts as described in this Fact Sheet. When preparing your comments, be sure to:
Explain your views as clearly as possible
Describe any assumptions used
Provide any technical information and/or data used to support your views
Explain how you arrived at your estimate for potential burdens, benefits or costs
Provide specific examples to illustrate your views and
Offer alternatives
Comments will be accepted through close of business June 6, 2025.
Contact Information
*Indicates Required Fields
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Early Stakeholder Outreach - Recent RCRA FRs and All-Review
What does this rules package cover?
This rule package generally covers several Federal RCRA rule changes as published in the Federal Registers (FR) detailed later in this Fact Sheet. These will impact Ohio rules in the Hazardous Waste Management Program, in OAC Chapters 3745-50 to 3745-279. This rules package will:
Why are these concepts being sent out for Early Stakeholder Outreach?
The first step in the rulemaking process is for Ohio EPA to identify that a rule needs to be amended, rescinded, or created. Ohio EPA has added an additional step to ensure stakeholders are brought into the rulemaking process as early as possible. This additional interested party notification and request for information will allow for early feedback before the rule language is developed by Ohio EPA.
What changes are being considered?
The changes under consideration include both Federally-driven new and amended rules, and state-initiated changes to correct cross-references, typographical errors, and make other non-substantive changes. In addition, rules in this package that are subject to five-year review under ORC 106.03 will be reviewed and amended as necessary.
Federally-driven changes:
Ohio’s hazardous waste rules must be functionally equivalent to their federal Resource Conservation and Recovery Act (RCRA) counterpart regulations in 40 CFR Parts 124 and 260 to 279. Several Ohio rules need to be created or amended to address changes to their federal RCRA counterpart provisions, as published in the following FRs (and shown on the federal rulemaking Checklists indicated):
State-initiated changes:
In addition to changes from the above FRs, many of the rules in this package will be reviewed pursuant to ORC 106.03 to accomplish their required five-year review, and potentially to request exemption for rules that meet the exemption requirements. With this package, we are consolidating all the hazardous waste management program’s 5-year review rules into a single package, instead of splitting their review over several years in different rule packages. Our intent is to have all the 5-year review rules reviewed together every 5 years, making it easier to highlight the 5-year review package, and easier to navigate around the required review date in developing federally-based rules packages.
A few rules in this package are currently exempt from five-year review, but are included to make non-substantive but necessary corrections (e.g., typos that could change meaning or intent).
As this rules package is developed and the 5-year rules are reviewed, additional rules from the hazardous waste management program may be added to this package to achieve or maintain program consistency.
Who will be regulated by these rules?
Anyone who is currently regulated by the hazardous waste management rules as a generator, transporter, importer, or exporter of hazardous waste, or who engages in the treatment, storage, or disposal of hazardous waste or waste that is determined to be universal waste, are regulated by the rules in this ESO.
What is the rulemaking schedule?
These rules will be in Early Stakeholder Outreach (ESO) for about thirty days, from May 7, 2025, to June 6, 2025. After the ESO ends, Ohio EPA will review all comments and take them into account when drafting the rules. Ohio EPA will then provide the draft rules package for review by Interested Parties, where stakeholders and the public will have an opportunity to comment on the draft rules.
What input is Ohio EPA seeking?
The following questions may help guide you as you develop your comments.
The following questions may help guide you as you develop your comments.
Ohio EPA would especially like to hear information regarding the following from stakeholders who may be impacted by the new program.
Contact
For more information, contact the Division of Environmental Response and Revitalization’s rules coordinators Kit Arthur (Katherine.Arthur@epa.ohio.gov or 614/644-2932) or Zak Kabelen (Zachary.Kabelen@epa.ohio.gov, 614/441-0262).
How can I provide input?
Ohio EPA is seeking stakeholder input on the amended, new, and 5-year review rules concepts as described in this Fact Sheet. When preparing your comments, be sure to:
Comments will be accepted through close of business June 6, 2025.
Contact Information
*Indicates Required Fields