RULES: Early Stakeholder Outreach - Rules Verification
Early Stakeholder Outreach — Rules Verification Package
What does this rules package cover?
This rule package will address existing federal provisions that are not currently in Ohio’s Hazardous Waste rules. These will impact Ohio rules in the Hazardous Waste Management Program, in the Ohio Administrative Code (OAC) Chapters 3745-50 to 3745-279. This rules package will ensure that all the appropriate federal provisions are in the Ohio rules, and will:
Amend the state’s delisting rule for equivalence with its federal counterpart provision.
Address any amendments to the permit modifications requirements for hazardous waste management facilities.
Address any changes to interim status facilities for hazardous waste management, modification of hazardous waste management permits and procedures for post-closure permitting.
Address the burden reduction initiative.
Address any corrections to errors in the Code of Federal Regulations.
Address the OECD requirements and export shipments of spent lead-acid batteries.
Address hazardous waste technical corrections and clarifications.
Address revisions to procedural rules to clarify applicability in permit appeals.
Address procedures for decision making.
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The first step in the rulemaking process is for Ohio EPA to identify that a rule needs to be amended, rescinded, or created.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.
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 Parts 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):
Permit Modifications for Hazardous Waste Management Facilities; 53 FR 37912-37942, 09/28/1988 and 53 FR 41649, 10/24/1988, Checklist 54;
Changes to Interim Status Facilities for Hazardous Waste Management, Modification of Hazardous Waste Management Permits, Procedures for Post-Closure Permitting; 54 FR 9596-9609, 03/07/1989, Checklist 61;
Revisions To Procedural Rules To Clarify Applicability In Permit Appeals; 78 FR 5288, 01/25/2013, Checklist Procedural C; and
Procedures for Decision Making; 48 FR 14264, 04/01/1983.
Additional federal provisions not in the above FRs. As this rules package is developed, we may discover additional federal provisions that are not in the Ohio rules, that are not in the above FRs. If that occurs, we will add those provisions to this rules package, as appropriate.
State-initiated changes:
As this rules package is developed, we will correct typos, rule cross-reference errors, and make other non-substantive corrections.
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 March 09, 2026, to April 09, 2026. 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).
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 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 April 9, 2026.
Contact Information
*Indicates Required Fields
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Early Stakeholder Outreach — Rules Verification Package
What does this rules package cover?
This rule package will address existing federal provisions that are not currently in Ohio’s Hazardous Waste rules. These will impact Ohio rules in the Hazardous Waste Management Program, in the Ohio Administrative Code (OAC) Chapters 3745-50 to 3745-279. This rules package will ensure that all the appropriate federal provisions are in the Ohio rules, and 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.
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 Parts 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:
As this rules package is developed, we will correct typos, rule cross-reference errors, and make other non-substantive corrections.
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 March 09, 2026, to April 09, 2026. 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 concepts as described in this Fact Sheet. When preparing your comments, be sure to:
Comments will be accepted through close of business April 9, 2026.
Contact Information
*Indicates Required Fields