The Division of Environmental Response and Revitalization Reviews Rules for Voluntary Action Program


The Division of Environmental Response and Revitalization (DERR) is in the process of conducting a review of the rules governing the Voluntary Action Program.  This review is being conducted to correct errors that were inadvertently in the rules as a part of the five year rule review, which concluded in August 2014.  The Division of Environmental Response and Revitalization has reviewed and drafted language for the following Rules:

Rule #                        Title:
OAC 3745-300-01     Definitions
OAC 3745-300-02     Eligibility for participation in the Voluntary Action Program
OAC 3745-300-03     Voluntary Action Program Fees
OAC 3745-300-05     Certified Professionals
OAC 3745-300-07     Phase II property assessments
OAC 3745-300-08     Generic Numerical Standards
Appendix to 3745-300-08
OAC 3745-300-09     Property specific risk assessment procedures
OAC 3745-300-10     Ground water classification and potable use response requirements, and USDs
OAC 3745-300-11     Remediation
OAC 3745-300-13     No further action letter content and procedures
OAC 3745-300-14     Audits

The proposed changes are minimal, but provide further clarification of the intent of each rule, and fix typos and omitted language, and correct cross referencing errors. As part of the rulemaking process, Ohio EPA is required to prepare and submit a Business Impact Analysis (BIA) form to Ohio’s Common Sense Initiative (CSI) Office. Ohio EPA is also making this form available at this time for public review and comment.

DERR is will accept input on these draft rules until January 4, 2016.

You may view the draft rules at, or call (614) 728-5441 to obtain a copy.

If you have questions please or would like to know more about the changes as they occur please contact Timothy G. Pedro at