RULES: Coal Combustion Residuals - Interested Party Review
What do these rules cover?
Ohio Administrative Code (OAC) Chapter 3745-525 will be a new chapter for the coal combustion residuals (CCR) program. CCR includes fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers, as defined in 40 C.F.R. Part 257. The beneficial use of CCR is not addressed in this chapter.
Why are these rules being proposed?
On October 3, 2023, Ohio Revised Code section 3734.48 was enacted. This statute directs Ohio EPA to adopt rules governing CCR units that are equivalent to, but not more stringent than, 40 C.F.R. Part 257. Ohio EPA is not proposing to adopt rules for legacy CCR surface impoundments or CCR management units in this rulemaking.
What information is the Agency seeking?
The Agency is seeking comments from interested stakeholders (public, local officials, industry sectors, other state agencies, consultants, and environmental organizations) who may be impacted by these rule revisions. General comments and specific factual information are welcome.
In addition to the draft rule amendments, Ohio EPA is also seeking comments and feedback on the draft Common Sense Initiative (CSI) Business Impact Analysis (BIA) form, which is being released with these draft rules during interested party review.
What is the rulemaking schedule?
At this time, the Agency is soliciting input on these draft rule revisions. Ohio EPA is required by section 121.39(D) of the Revised Code to contact potentially affected parties prior to adopting rule changes. At the close of the interested party comment period, the Agency will review the comments and make necessary changes to the rules. The Agency will then file proposed rules with the Joint Committee on Agency Rule Review, the Legislative Service Commission, and the Secretary of State.
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