Public Comment Form

RULES: Cessation of Regulated Operations (CRO)

OHIO ENVIRONMENTAL PROTECTION AGENCY

 

Public Notice of Proposed Rulemaking Governing Cessation of Regulated Operations

 

Notice is hereby given that the Director of Environmental Protection, under the authority of Sections 3752.01, 3752.03, 3752.04, 3752.05, 3752.06, 3752.07, 3752.09, 3752.10, 3752.11, 3752.111,3752.112, and 3752.113 of the Ohio Revised Code and in accordance with Chapter 119, proposes to original file (propose) the following rules of the Ohio Administrative Code:

 

Amendments to the following rules:

OAC Rule #         Rule Title        * indicates amended title     
                                                                                   
3745-352-01           Definitions and incorporation by reference in the CRO rules. *   

3745-352-30           Providing adequate security. *                                              

3745-352-40          Obtaining a waiver from compliance with certain requirements of the CRO program. *                                                                                        

Rescission of the following rules:
3745-352-05           Definitions in the CRO rules.           
                                                                                                
3745-352-10            What is the “Cessation of Regulated Operations” program and how do I determine whether the “CRO rules” apply to a facility?.
                                              
3745-352-15            Who is responsible for complying with the applicable “CRO rules”?.                                        

3745-352-20           What are my responsibilities if I am an owner or operator?.                                                       

3745-352-25            What are my responsibilities if I am holder of a first mortgage on real property, a fiduciary, an indentured trustee for debt securities, or a receiver?.                                                                                                                   

3745-352-35            How do I designate a contact person?.                                                                                          


There are two purposes for this rulemaking. First, these rules are submitted for their required five-year review under Ohio Revised Code 119. Second, the rules in this package are being either rescinded, or amended to maximize reliance on the statute and minimize the CRO rules for implementation of the CRO program.

 

The public comment period will run until May 15, 2025. A public hearing on this proposed rulemaking will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. Ohio EPA will hold an in-person and virtual public hearing on these rules on May 15, 2025, at 2:00 pm. The in-person hearing will be at the same time and date, and will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215. During the hearing, the public may submit written comments on the record about the proposed rules if participating virtually, or verbally if participating in person.

 

Citizens who want to participate virtually must register in advance for the meeting at:

https://register.gotowebinar.com/register/6717855963402520917

 

Registration for the in-person hearing is not required. Citizens who intend to give testimony at the hearing should notify Ohio EPA’s Communication and Outreach Center, P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2160, or email mary.mccarron@epa.ohio.gov. Prior registration will ensure that registrants are heard ahead of those individuals who register at the hearing. Oral testimony may be limited to five minutes, depending on the number of persons testifying. All interested persons are entitled to attend or be represented and to present oral and/or written comments concerning the proposed rulemaking. To request a reasonable accommodation at the public hearing due to a disability, visit https://epa.ohio.gov/ada.

 

Written testimony entered or uploaded below or sent to the attention of Zak Kabelen and Kit Arthur at the Division of Environmental Response and Revitalization, P.O. Box 1049, Columbus Ohio 43216-1049. Written comments may also be submitted to the Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral testimony. All testimony received at the hearing or by close of business on May 15, 2025, will be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments submitted after this date may be considered as time and circumstances permit.

 

Questions regarding this rule package should be directed to Zak Kabelen at 614/441-0262 or Kit Arthur at 614/644-2932 at the Division of Environmental Response and Revitalization, or by email to derr_rulecomments@epa.ohio.gov.

 

The proposed rules are also accessible on the Division of Environmental Response and Revitalization’s proposed rules web page at https://epa.ohio.gov/divisions-and-offices/environmental-response-revitalization/regulations/proposed-rules. To receive a hard copy of the proposed rules, please contact the Division of Environmental Response and Revitalization receptionist at 614/644-2924. 




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