Voluntary Action Program Updates

Certified Professional Coffee July 14, 2015

Staffing Changes

• Eric Sainey left May 15–Interviewing for replacement

• Central office DDAGW lead worker–Lisa Koenig retired November 2014–Doug Switzer hired May 18

WORKLOAD UPDATE

VAP Projects Workload

NFA Letter51 USD Review

1USD Inspec-

tion11

Technical Assistance

154

MOA Track19

O&M Oversight126

RMP Oversight

113

5-year IC Inspection

71Audit

58

Since the Last CP Coffee

• 51 active NFA Letters under review or in sign-off

• 8 new requests for CNS

• 10 received CNS– 1 was issued under new rules – 8 were from the influx

Backlog of Audits of NFA Letters

• Program’s goals– Eliminate audit backlog this fiscal year– Timely review of audits of NFA letters that were

reviewed under the new NFA letter review process• Reasons for emphasis on audit backlog– Volunteers, CPs, and CLs deserve closure of audit– New NFA review process warrants new emphasis

on timely audit of NFA letters

OFF-PROPERTY ENVIRONMENTAL COVENANTS

New Addition to Rule

• Property boundary is the default POC for Class A or “critical resource” ground water

• Volunteer can choose to extend POC to the down gradient edge of an adjacent property – Environmental covenant (EC) must restrict the

potable use of ground water – EC must be recorded on the property deed of the

adjacent property

Considerations for Use

• Is the extent of off-property contamination known?

• Is the EC already recorded on the adjacent Property?– If not, is adjacent land owner willing to record EC?

• CNS is not effective until ECs are recorded• Violation of EC results in voidance of CNS

Off-Property Environmental Covenant

WHICH VERSION OF THE VAP RULES APPLY TO MY PROJECT?

NFA Letter – Prior to CNS

• Date of CP affidavit used to issue NFA letter fixes the rules for CNS issuance

• Addenda to NFA letter are evaluated based on rules used to issue NFA letter

• Ohio EPA evaluates if a CNS can be issued based on compliance with rules used to issue NFA letter

After a CNS is Issued

Ohio EPA’s evaluation:

• Audits are based on the rules in effect at the time the NFA letter was issued

• If compliance with applicable standards becomes a concern, Ohio EPA will base its evaluation on the rules used to issue the NFA letter

After a CNS is Issued

Volunteer’s options:

• Current rules can be used to address concerns raised by the agency about whether a CNS is in compliance

• Remedy revision can make use of current rules

• Applicable standards under which CNS is issued are fixed and cannot change

VAP RULES CHANGES: CORRECTING ERRORS & OMISSIONS

Early Stakeholder Outreach

• Notice sent out to interested parties & posted to Ohio EPA webpage June 12, 2015

• Ends July 17, 2015 (Friday)

• Seeking written suggestions for rule changes, no language has been drafted at this time

• Send to Emily Patchen, VAP rules coordinator

Considering Minor Corrections

• Cross-referencing errors

• Missing or duplicative text

• Typos

• Citation errors

• Errors in risk standards tables

Voluntary Action Opinion (definition)

• Important because it determines when to use the CP stamp

• New additions to rule should have been added to definition

– Case-by-case ground water determination– Pathway omission request– Remedy revision request

Support Document for Risk

Clarifications and corrections:

• Typo in formula for apparent diffusivity

• Improve explanation for dermal route, indoor air standards, and chemical/physical data

• Included missing toxicity data for cyanide

Appendix A – Applicable Standards Tables

Errors and omissions:

• Tables I, II and III – Numerical values in last two columns for Cyanide need to be reversed

• Table VI – Some MCLs that were dropped from the table will be added back in– Barium, cis-1,2-DCE, asbestos, and 5 different

pesticides/herbicides

What are VAP Hazardous Substances?

• Presentation on topic follows this update– Evaluated proper legal interpretation of definition– COCs were inappropriately dropped from GNS

tables• Plan to add MCLs to Table VI• Risk-based standards must be determined by a

PSRA– Supplemental values added to CIDARS

Next Steps• Consider suggestions from early stakeholder outreach

– Ends July 17 (Friday)

• Agency prepares draft rule language

– Late summer 2015

• Interested party review of draft rule language

– 30 days beginning September 2015

– Business Impact Analysis and Common Sense Initiative Office Review, finalized after conclusion of IP review

Next Steps (continued)

• File with JCARR: November 2015

• JCARR jurisdiction lasts 65 days

– Public Hearing 31 to 40 days after filing date

– JCARR Hearing at end of jurisdiction period

• Finalize rules & set effective date

– Final file rules with JCARR

– Rules effective winter 2016

Questions?