Voluntary Action Program Updates Certified Professional Training October 27, 2015

Staffing Changes VAP staff in Columbus – Sydney Poole, promoted to lead worker – Brent Goetz, new staff member Doug Switzer, DDAGW lead worker Marty Cooper (legal), retiring

Roles for Columbus Staff Pre-CNS Issues Sydney Poole (lead worker) – USD requests/verifications – VAP TA issues – MOA-track issues – NFA letter reviews – Guidance/training Brent Goetz – VAP TA issues – MOA-track issues – NFA letter reviews Post-CNS Issues Dan Tjoelker (lead worker) – NFA letter audits – CP disciplinary actions – Post-CNS compliance issues Emily Patchen – Compliance tracking – Post-CNS compliance issues

WORKLOAD AND NFA LETTER UPDATE

VAP Projects Workload

Status of NFA Letter Reviews Since Last CP Coffee 11 NFA Letters 17 CNS Issued 8 “old” rules 9 “new” rules 44 Pending NFA Letters 22 “old” rules 22 “new” rules

New Rule NFA Letters 34 NFA letters issued – 12 received CNS Fastest time to issue CNS – 70 calendar days – 60 days (agency time) Slowest time to issue CNS – 250 (or 255) calendar days – 208 days (agency time)

Comparison of “Old” vs “New” NFA Letters NFA Letter Type Days to Send INOD Days to Receive Addendum Percent FNOD Required Days to Send FNOD Days to Receive Addendum Total Days to Issue CNS (Agency Time) Total Days to Issue CNS (Calendar) "Old" Style % "New" Style % Reduction %

NoNAC Letter Notice of No Additional Comments Letter – Notifies CP/Volunteer that addendum has been accepted – VAP will recommend issuance of CNS (~30 days) – Dual purpose of a “comfort letter” Sent only if signed documents are not needed – NERD will be sent instead

VAP RULE CHANGES: CORRECTING ERRORS & OMISSIONS

Considering Corrections & Clarifications Cross-referencing errors Missing or duplicative text Clarify conflicting rule requirements Errors in risk standards tables Fix typos and citation errors

Early Stakeholder Outreach Notice sent out to interested parties & posted to Ohio EPA webpage June 12, 2015 Concluded July 17, 2015 Summary of proposed changes presented at last CP Coffee

Previous Training Presentations

Next Steps Complete draft rule language – November 2015 Interested party review of draft rule language – 30 days beginning Nov/Dec 2015 – Business Impact Analysis and Common Sense Initiative Office Review, finalized after conclusion of IP review

Next Steps (continued) File with JCARR: January 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 spring 2016

VAP RULE CHANGES: POST-CNS REMEDY CHANGES – OAC (H)

Remedy Revision Rule added 8/1/14 Have since noted conflicting rule language Propose clarification of remedy revision process – Resolve timing conflicts between existing and new O&M Plans, institutional controls, RMPs – Clarify process to maintain compliance

Remedy Revision Notice Description of new remedy Describe any remedy no longer in use List of “supporting documentation” relied upon to determine and verify compliance CP affidavit attesting that the new remedy meets applicable standards Compliance with “paper-work” requirements Request either acknowledgement or approval from agency

Implementing a New Remedy Language of O&M Plan/Agreement, institutional control, or RMP determines what can or cannot be done Three basic questions for agency review… – Is new remedy likely to comply with rule requirements and applicable standards? – How is continued compliance demonstrated? – How is compliance maintained during transition?

Will remedy revision conflict with existing requirements in an O&M Plan, IC or RMP? Proposed remedy revision must be sent to agency prior to implementing new remedy New remedy should be implemented first, then remedy revision notice sent to agency Does new remedy require an O&M Plan, IC or RMP? Seek agency authorization for new O&M Plan, IC or RMP Yes No Yes Process #1 Process #3 Process #2

Process #1 – New remedy doesn’t require an O&M Plan, IC or RMP Acknowledgment Volunteer implements new remedy Agency receives remedy revision notice Agency sends acknowledgment letter to volunteer Approval Volunteer implements new remedy Agency receives remedy revision notice Agency reviews supporting documentation Agency comments, if necessary, are addressed Agency sends approval letter to volunteer

Process #2 – New remedy requires an O&M Plan, IC or RMP Acknowledgment Volunteer implements new remedy Agency receives remedy revision notice Agreement reached on new O&M Plan, IC or RMP Agency sends acknowledgment letter to volunteer Approval Volunteer implements new remedy Agency receives remedy revision notice Agency reviews supporting documentation Agency comments, if necessary, are addressed Agreement reached on new O&M Plan, IC or RMP Agency sends approval letter to volunteer

Process #3 – New remedy conflicts with an existing requirement in an O&M Plan, IC or RMP Acknowledgment Agency receives remedy revision notice Agreement reached on new O&M Plan, IC or RMP Agency sends acknowledgment letter to volunteer Volunteer implements new remedy Approval Agency receives remedy revision notice Agency reviews supporting documentation Agency comments, if necessary, are addressed Agreement reached on new O&M Plan, IC or RMP Agency sends approval letter to volunteer Volunteer implements new remedy

Questions?