Voluntary Action Program Updates

1. Voluntary Action Program Updates Summer CP Coffee August 16, 2019

2. Staff Updates • New Brownfields Staff – Roxanne Anderson • NWDO Acting DERR Remedial Manager – Colleen Weaver • Archie Lunsey promoted to Division of Surface Water Assistant Chief • NEDO Acting DERR Remedial Manager – TBD • Mark Johnson promoted to Deputy Director of Business and Regulatory Affairs

3. Training • Brownfield funding and Grant Writing Workshop August 27th -28th, Mansfield • Certified Professional Annual Training – Nov. 4th, 2019 at the Dept. of Agriculture

4. Submittals • Reminder to send all addenda to DERR records manager, not the project coordinator. • Include “No Further Action Letter”, “NFA”, or “Addendum” in the electronic submission title. • Keep site names consistent to speed up administrative processing.

5. Status of NFA Letter Reviews Since Spring CP Coffee(4/18/2019) 7 NFA Letters 5 CNS Issued 26 Pending NFA Letters

6. Annual Comparison * 1 Director’s Determination Letter issued but not counted.

7. Anticipated VAP Rule Schedule • Rules proposed - 7/31/19 • Response to Comments available on VAP Rules page • Public comment period - 9/6/19 • Public hearing - 9/6/19 @ 10am (pre-registration requested) • Anticipated JCARR hearing - 9/16/19 • Anticipated rule effective date - 10/17/19

8. Anticipated VAP Rule Schedule • NFA letters meeting the current rules must be issued by the CP no later than October 16th, 2019 • NFA letters meeting the current rules and issued no later than October 16, must also arrive at Ohio EPA no later than October 31, 2019in order to meet the requirements of 3745-300-13(H).

9. H.B. 166 Regulatory Reform • (F) Beginning on the effective date of this section and ending on June 30, 2023, a state agency may not adopt a new regulatory restriction unless it simultaneously removes two or more other existing regulatory restrictions. The state agency may not satisfy this section by merging two or more existing regulatory restrictions into a single surviving regulatory restriction.

10. Rule ChangesFrom IPR to Proposed… • Fixed several typos, made clarifications, fixed poorly worded paragraphs. • Addressed several concerns from Certified Labs on the CL rule. • Definition of “Imminent Hazard” proposed changes were removed.

11. Rule ChangesFrom IPR to Proposed… • Definition of “Recreational Land Use” to “Recreational Activities” • "Recreational activities" are highly variable exposure scenarios that require determination of applicable standards through a property-specific risk assessment conducted pursuant to rule 3745-300-09 of the Administrative Code. Recreational activities may have the potential for exposure of adults and children to dermal contact with soil or sediment, inhalation of vapors and particles from soil, incidental ingestion of soil or sediment, dermal contact with surface water, incidental ingestion of surface water, ingestion of fish, and inhalation of volatile compounds due to vapor intrusion to indoor air

12. Rule ChangesFrom IPR to Proposed… • Added language in -08 to indicate that Commercial with high frequency of child exposure also requires the implementation of an institutional control. • Proposed lead standard changes were removed. Commercial will remain at 800 mg/kg, and Residential and Construction Activities will remain at 400mg/kg. • Vanadium Pentoxide was originally listed in the draft tables and has been changed to Vanadium Compounds.

13. Rule ChangesFrom IPR to Proposed… • Clarifications made in -09 for application of a property-specific ecological risk assessment. • Added the bolded language below to -13(Q)(6) • A statement attesting that the voluntary action was conducted in compliance with all applicable local, state, and federal laws and regulations andany previous noncompliance was addressed in accordance with such laws and regulations.

14. Rule 3745-27-13 Rule Update“Rule 13 Authorizations” • Rule will move to its own program chapter 3745-513 • Governs the filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or a solid waste facility was operated. • Definitions of “Ancillary structure,” “Chapter 513 activities,” “Modern facility,” and “Historic facility” were added. • The self-implementation time frame for sampling authorizations was changed from eight days to fifteen days.

15. Rule 3745-27-13 Rule Update“Rule 13 Authorizations” • The maximum area of permissible disturbance was changed to two cubic yards per sample location. • A provision regarding the storage of liquid waste was added to match the requirement for the storage of solid and hazardous wastes currently in rule. • Requirements for the construction and backfilling/sealing of boreholes and wells were expanded to match what is currently being authorized by Ohio EPA in approved Rule 13 authorizations.

16. Rule 3745-27-13 Rule Update“Rule 13 Authorizations” • Expected Proposal in early September • Public hearing early October • JCARR hearing mid-October • Expected effective in mid-November • Authorizations will move entirely to the Division of Materials and Waste Management • Additional information is available on the DMWM Rules webpage • https://epa.ohio.gov/dmwm/dmwmnonhazrules#126793967-interested-party

17. Questions? Lisa.Shook@epa.ohio.gov 614-644-2295