Workshop H Water Quality Standards: r Quality Standards: Ne New & Proposed R w & Proposed Rules, P ules, Policies & licies & Regulations that Could Impact y gulations that Could Impact your ur NPDES Permit NPDES P rmit Wednesda dnesday, July 19, 20 July 19, 2017 2:45 p.m. t 2:45 p.m. to 4:15 p.m. 4:15 p.m.
Biographical Information Cheri A. Budzynski, Partner Shumaker, Loop & Kendrick, LLP, 1000 Jackson Street, Toledo, Ohio 43602 419.321.1332 Fax: 419.241.6894 cbudzynski@slk-law.com Cheri A. Budzynski is a partner in the Toledo, Ohio office. Cheri is admitted to practice in Ohio, Florida, the United States Supreme Court, the United States Court of Appeals for the D.C. Circuit, the United States Court of Appeals for the Sixth Circuit, the United States District Court of Ohio, Northern District; and the United States District Court of Ohio, Southern District. Since joining Shumaker, she has been involved in a range of environmental regulatory, permitting, and compliance issues that affect the Utility Industry, the Steel/Coke Industry, the Pharmaceutical Industry, and the Ethanol Industry. Cheri has also worked on environmental litigation at both the State and Federal level. A substantial amount of her work is following regulations on both the State and Federal level and preparing comments for various trade organizations. She has submitted extensive comments to Ohio EPA, U.S. EPA, and the Ohio River Valley Water Sanitation Commission. She has also appealed various regulations to the Sixth Circuit Court of Appeals and Ohio’s Environmental Review Appeals Commission. Cheri has also prepared an overview of the major environmental regulations in the United States and European Union, which was presented to the Ministry of Environmental Protection for the People’s Republic of China to aid in the development of glass industry regulations in China. Cheri has been part of the legal team involved in the application process for a New Source Review/Prevention of Significant Deterioration permit-to-install for a heat recovery coke facility in Ohio. She has also assisted in permitting Pharmaceutical Facilities and Electric Utility Facilities. Cheri received her law degree from the University of Toledo in 2007, where she also served as Executive Editor of the Law Review and Vice President of the Women Law Students’ Association. Cheri’s comment was published in the Fall 2006 edition of The University of Toledo Law Review . Cheri has been recognized as an Ohio Rising Star, Environmental Law, by Super Lawyers magazine, 2014 – 2017. Ashley Ward, NPDES Supervisor, Division of Surface Water Ohio EPA, P.O. Box 1049, Columbus, OH 43216-0149 614.644.4852 Fax: 614.644.2745 ashley.ward@epa.ohio.gov Ashley Ward has two Bachelor of Science degrees from The Ohio State University; one in Environmental Science, water specialization and one in Chemical Engineering. Prior to her current position, Ashley worked for the Division of Surface Water Chief in several different programs including enforcement, rules, NPDES and pretreatment. Before working for Ohio EPA, Ashley worked as a Microbiologist in the Research and Development Department of Lexmark.
Biographical Information Robin J. Reash, Senior Biologist, Environmental Services - Water Quality American Electric Power, One Riverside Plaza, 22 nd Floor, Columbus, Ohio 43215 614.716.1237 Fax: 614.716.1252 rjreash@aep.com Robin J. Reash is a Consulting Environmental Scientist for American Electric Power in Columbus, OH. His principal duties include conducting technical studies for wastewater permit compliance and conducting applied research on the fate and effects of power plant pollutants. His areas of expertise include bioaccumulation and effects assessment of mercury and selenium, thermal biology and effects, and ecotoxicology. Rob served on U.S. EPA’s Science Advisory Board’s Aquatic Life Consultation Panel. He has authored or co-authored 30 articles in peer-reviewed technical journals. Before joining AEP, Mr. Reash was employed as an Environmental Specialist for the Oklahoma Water Resources Board, and was a fisheries intern with the Ohio Environmental Protection Agency. He is a member of the Society of Environmental Toxicology and Chemistry and in 1992 he served as President of the Ohio Valley Chapter of the Society of Environmental Toxicology and Chemistry. Rob was an external peer-reviewer for U.S. EPA’s draft revised aquatic life criteria for selenium. Rob is Chairman of ORSANCO’s Power Industry Advisory Committee and has experience in leadership roles with the Water Environment Research Foundation, the Utility Water Act Group, and the Electric Power Research Institute. Mr. Reash received a B.A. degree from Wittenberg University and an M.S. degree from the Ohio State University. In 1998 Mr. Reash was certified as a Certified Fisheries Professional by the American Fisheries Society. Gary Bauer, Senior Chemical Engineer Jones & Henry Engineers, Ltd., 3103 Executive Parkway, Toledo, Ohio 43606 419.473.9611 Fax: 419.473.8924 gbauer@jheng.com Gary Bauer is a registered professional engineer and the Senior Chemical Engineer at Jones & Henry Engineers in the Toledo, Ohio office. Since joining Jones & Henry, he has been involved with multiple industrial and municipal clients. Projects have involved design and operation of wastewater pretreatment and direct discharge systems, air and water permitting, and industrial environmental compliance audits. Gary has developed numerous storm water and spill prevention plans for both industrial and municipal clients. He has also completed technical reviews of local industrial limits as well as authored and revised pretreatment programs and sewer use ordinances for various municipalities. Gary is actively involved in the Ohio Water Environment Association, which is a non-profit wastewater related organization with nearly 2000 members that provides technical education and training for Ohio water quality professionals. Gary has been the northwest section secretary, pretreatment committee chairman, and is currently serving as the vice-president for the section. Gary received his Bachelor of Science in Chemical Engineering from Tri-State University in Angola, Indiana. During his career, he has been active in the American Society for Quality Control, American Electroplaters and Surface Finishers, and served on the Wood County Local Emergency Planning Commission.
Water Quality Standards and Permitting Rules From Promulgation to Implementation in your Permit Cheri A. Budzynski, Esq.
Overview • Understanding the Legal Process of Promulgating and Implementing Water Quality Standards – Why early stakeholder outreach can impact later permitting – Permitting legal considerations – Permit implementation considerations
Ohio Rulemaking Process ESO Interested Party Review Proposed Rule Filed with JCARR JCARR Hearing Appeal to ERAC
Why early involvement can impact later permitting • Ohio EPA’s Rulemaking Process – Governed by R.C. §119 Administrative Procedures • Requires Public Notice and Comment • Rules are reviewed every 5 years – Step 1: Early stakeholder outreach: Since 2001, Common Sense Initiative required early input from stakeholder about rule revisions • Pro: Allows stakeholders opportunity to raise early concerns about standards or permitting issues • Cons: No draft language is providing making it difficult to provide input
Ohio Rulemaking Process ESO Interested Party Review Proposed Rule Filed with JCARR JCARR Hearing Appeal to ERAC
Why early involvement can impact later permitting (cont.) • Ohio EPA’s Rulemaking Process – Step 2: Interested Party Review • Draft revisions are published for comment • Interested parties may submit comments • Opportunity to alert Ohio EPA regarding – Technical problems with implementing any proposed changes – Why certain proposed changes are not economically feasible – Problems that may arise during the permitting process
Why early involvement can impact later permitting (cont.) • Ohio EPA’s Rulemaking Process – Step 2: Interested Party Review • Ohio EPA will issue a Response to Comments – Provides justification for its position – May revise rules in response to comments • Ohio EPA will send Business Impact Analysis to Common Sense Initiative Office – If CSIO have recommendations to reduce economic impact on stakeholders, CSIO will send recommendation to Ohio EPA – If 16 days pass without recommendations, Ohio EPA will submit rules to Joint Committee on Agency Rule Review
Ohio Rulemaking Process ESO Interested Party Review Proposed Rule Filed with JCARR JCARR Hearing Appeal to ERAC
Why early involvement can impact later permitting (cont.) • Ohio EPA’s Rulemaking Process – Step 3: Proposed Rules Filed with JCARR • Ohio EPA holds public hearing • Ohio EPA provides opportunity for public comment • Ohio EPA responds to oral and public comment
Ohio Rulemaking Process ESO Interested Party Review Proposed Rule Filed with JCARR JCARR Hearing Appeal to ERAC
Why early involvement can impact later permitting (cont.) • Ohio EPA’s Rulemaking Process – Step 4: JCARR Hearing and Jurisdiction • 65 days to review the rule to determine that rules – Do not exceed the scope of Ohio EPA’s statutory authority – Do not conflict with other rules – Do not conflict with statutory intent – Rulemaking is complete, and – The agency assessed the business impact
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