What does OAC Chapter 3745-22 cover?
The rules in Ohio Administrative Code (OAC) Chapter 3745-22 establish Ohio’s licensing, certification and approval requirements for business entities and individuals that are performing activities related to asbestos including contractors, training providers, supervisors, workers, inspectors and project designers.

Why are these rules being sent out for Early Stakeholder Outreach?
The rules are being revised as the result of recent changes to the Ohio Asbestos Law ORC 3710 which are effective on October 16, 2019. These changes were made to obtain U.S.EPA approval of the Ohio EPA asbestos licensing program. This additional interested party notification and request for information will allow for early feedback before the rule language has been developed by the Agency.

What changes are being considered?
Ohio EPA will be changing the rules to reflect changes in ORC 3710. The most signigficant change being an asbestos hazard abatement activity will be defined as 3 linear feet or 3 square feet of friable material as opposed to the current as 50 linear feet or 50 square feet of friable material. Other changes being considered are an exemption for roofing contractor using rotating blade cutters to remove built up asbestos containing roofing materials and deleting “the taking out of friable asbestos containing material from any site” from the definition of removal. More information can be found in the ESO fact sheet.

Click the Web link below for the complete fact sheet describing this notice and information on how to submit comments. Comments are due by end of business, Friday, January 3, 2019.

https://epa.ohio.gov/Portals/27/regs/3745-22/3745-22_ESO_2019rulechange.pdf

Who will be regulated by these rules?
The rules in this chapter apply to all businesses and individuals who perform asbestos related activities.

What is the rulemaking schedule?
Upon completion of the Early Stakeholder Outreach portion of this rulemaking, Ohio EPA will make any changes necessary to the rule language and make a draft of the rule language available to the public for a 30-day review.

What input is the Agency seeking?
The following questions may help guide you as you develop your comments.
·Is the general regulatory framework proposed the most appropriate? Should the Agency consider any alternative framework?
·What options are available for improving an identified concept? What options are available for improving the existing rules?
·Are there considerations the Agency should take into account when updating the existing rules? Are there considerations the Agency should take into account when developing a specific concept?
·Is there any information or data the Agency should be aware of when developing program concepts or rule language?

Contact
For more information, contact Paul Braun at Paul.braun@epa.ohio.gov or (614) 644-3414.

See CTI’s related article at:

https://compliancetechnologies.biz/2017/12/04/asbestos-program-epa/