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

Audit61 USD Review

2USD Inspec-

tion12

Technical Assistance

141

MOA Track25

O&M Oversight128

RMP Oversight

101

5-year IC Inspection

54

NFA Letter44

Status of NFA Letter Reviews Since Last CP Coffee

11 NFA Letters17 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 130 64 49 % 70 52 238 320

"New" Style 69 30 25 % 38 32 134 174

Reduction 61 34 50 % 32 20 104 146

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 3745-300-11(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

Seek agency authorization for new O&M Plan, IC or RMP

Yes

No

No Yes

Process #1

Process #3Process

#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?