Notice is hereby given that the Director of Environmental Protection, under the authority of Sections 3746.04 of the Ohio Revised Code and in accordance with Chapter 119, proposes to original file (propose) the following rules of the Ohio Administrative Code:

Rule # Title:
OAC 3745-300-01 (Amend) Definitions - voluntary action program
OAC 3745-300-03 (Amend) Voluntary action program fees
OAC 3745-300-04 (Amend) Certified laboratories
OAC 3745-300-05 (Amend) Certified professionals
OAC 3745-300-07 (Amend) Phase ll property assessment for the voluntary action program
OAC 3745-300-12 (Amend) Variances and case-by-case determinations
OAC 3745-300-13 (Amend) No further action letter content and procedures
OAC 3745-300-14 (Amend) Audits
OAC 3745-300-15 (Amend) Incorporated by reference - voluntary action program

This rule address Voluntary Action Program (VAP) regulations.

The purpose of this rule making is to comply with the passage of House Bill 110 that made changes to the VAP Certified Laboratory Program. Ohio EPA plans to eliminate the duplicative laboratory certification requirement and fees associated with becoming certified by Ohio EPA to participate in the VAP, and to allow the use of other laboratory accreditations. Updates to the Incorporated by reference were made to reflect weblink changes. Also, an update was made to the “hotels” definition, as defined in section 3731.01 (A)(4) of the Revised Code.

The public comment period will run until April 12, 2023. 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 be holding an in-person and virtual public hearing on the rules on April 12, 2023 at 10:30 AM in Conference Room A (Autumn). 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 and verbally if participating in person.

Citizens who want to participate virtually must register in advance for the meeting at: https://attendee.gotowebinar.com/register/5580140687707107680

Registration for the in-person hearing is not required. Citizens intending to give testimony at the hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2160 or by emailing 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.

Written testimony should be sent to the attention of Chelsea Lamoreaux at the Division of Environmental Response and Revitalization (DERR), P.O. Box 1049, Columbus Ohio 43216-1049 or can be emailed to Chelsea.Lamoreaux@epa.ohio.gov. 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 April 12, 2023, 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 Chelsea Lamoreaux, DERR, (614) 644-2285.

To receive a copy of the proposed rules, please contact the DERR receptionist at (614) (644-2068). In addition, full copies of all proposed rules are available for review at any Ohio EPA district office and at the Ohio EPA central office. The proposed rules are also accessible on DERR’s web page at https://epa.ohio.gov/divisions-and-offices/environmental-response-revitalization/regulations/proposed-rules

To request a reasonable accommodation due to a disability, visit https://epa.ohio.gov/ada