PART 70 OPERATING PERMIT PROGRAM

                     IMPLEMENTATION AGREEMENT
                             BETWEEN
             THE OHIO ENVIRONMENTAL PROTECTION AGENCY
                               AND
        THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                             REGION 5

I.  GENERAL

A.  This implementation agreement (agreement) establishes
    policies, responsibilities, and procedures by which the Part
    70 operating permit program will be administered by both the
    Ohio Environmental Protection Agency (OEPA) and the United
    States Environmental Protection Agency (USEPA).  Such
    agreement shall be maintained consistent with the Clean Air
    Act (Act), Part 70, applicable requirements of the Act, and
    State statutes and regulations formally approved by USEPA. 

B.  Nothing in this agreement shall be construed to restrict in
    any way USEPA's authority to fulfill its oversight and
    enforcement responsibilities under the Act.  Nothing in this
    agreement shall be construed to contravene any provision of
    Part 70.  This agreement is in addition to, and does not
    contravene, any other agreements between USEPA and OEPA,
    such as the delegation of authority for the Prevention of
    Significant Deterioration; the delegation of authority for
    the New Source Performance Standards and the National
    Emission Standards for Hazardous Air Pollutants; and any
    agreement to be developed pursuant to Section 112 of the
    Act.

C.  This agreement is entered into by the Chief of the Division
    of Air Pollution Control, OEPA, and the Chief of the Air
    Programs Branch, Air and Radiation Division, USEPA  Region
    5.

D.  This agreement shall become effective upon signature by both
    parties.  Any revisions to this agreement must be in writing
    and must be signed by representatives of OEPA and USEPA.

E.  If USEPA withdraws approval of the operating permit program
    pursuant to Part 70, this agreement shall no longer remain
    in effect.  If USEPA withdraws approval of a portion of the
    operating permit program, this agreement shall remain in
    effect only for that portion of the program that remains
    approved.




II. DELEGATION OF SECTION 112 STANDARDS

    In accordance with section 112(l) of the Act and the notice
    of proposed approval of the Ohio operating permit program,
    this agreement effects the full and automatic delegation of
    all section 112 standards as promulgated by USEPA, as they
    apply to Part 70 sources that are required to obtain an Ohio
    Title V permit.  This delegation does not encompass section
    112 programs, including but not limited to 112(r) (however,
    OEPA will verify compliance with the requirement to register
    a risk management plan for sources applying for an Ohio
    Title V permit).  Upon promulgation of a Section 112
    standard or program, the authority and responsibility for
    implementation of that section 112 standard is automatically
    delegated to the State of Ohio.  These responsibilities
    include, but are not limited to, applicability
    determinations consistent with USEPA guidance, notification,
    recordkeeping, reporting, permitting, general program
    implementation, and enforcement of all section 112 standards
    for sources required to obtain an Ohio Title V
    permit(including sources opting into the program).

III.    PROGRAM DEVELOPMENT, MAINTENANCE, AND ASSESSMENT

A.  OEPA and USEPA agree to work together to develop and
    maintain a high quality operating permit program in Ohio
    that meets all Federal and State requirements.  

B.  USEPA agrees to inform OEPA as soon as practicable about new
    Federal regulations, standards, policies, guidance, and any
    resulting action expected to be taken by OEPA.  OEPA agrees
    to distribute any such policies and guidance to OEPA permit
    program staff and district/local offices.

C.  OEPA and USEPA agree to work together during the development
    and implementation of any significant changes to the State
    program to ensure that such changes meet the requirements of
    the Act.

D.  OEPA and USEPA agree that, in accordance with section
    70.4(i), operating permit program revisions become
    effective, for purposes of federal law, only upon approval
    by USEPA.  Approval of nonsubstantial program changes may be
    made by a letter from USEPA to OEPA, but substantial program
    changes must go through the public notice provisions
    specified in section 70.4(i).  Changes in operating permit
    program implementation which do not alter the requirements
    of the State's approved program do not have to undergo USEPA
    approval.

E.  OEPA and USEPA agree to develop an enforcement agreement
    that will address each party's responsibilities regarding
    Title V compliance and enforcement activities.  This
    agreement will provide for the performance of those types of
    compliance/enforcement activities as previously outlined in
    the Projected Program Accomplishments (PPAs) in the Fiscal
    Year 1995 Cooperative Agreement.

F.  USEPA will assess OEPA's administration of the operating
    permit program for consistency with Title V, Part 70, and
    all other requirements of the Act.  This assessment will be
    accomplished by USEPA review of information submitted by
    OEPA or any interested person, program audits, permit
    overview, and compliance and enforcement overview.  USEPA
    will timely notify OEPA of any concerns regarding OEPA's
    administration of the program and will work cooperatively
    with OEPA to reach resolution.

G.  OEPA has primary responsibility for:
    
    1.  Notifying USEPA in advance of any proposed changes that
        alter the requirements of the approved State program,
        including but not limited to permit program-related
        statutes and regulations, and submitting program changes
        for approval;  

    2.  Notifying USEPA of any significant changes or
        clarifications in program implementation that do not
        alter the requirements of the approved State program,
        including but not limited to implementation policies; 

    3.  Seeking legislative approval to modify the permit fee
        system to ensure that it continues to cover the costs of
        administering the program, if USEPA determines that the
        presumptive minimum fee of $25 per ton plus the Consumer
        Price Index (CPI) is no longer adequate for states to
        cover the implementation of the program, and increases
        the presumptive minimum fee; and 

    4.  Fulfilling the commitment dated December 30, 1994, for
        developing a State Acid Rain program that meets the
        requirements of the Federal Acid Rain Program.

H.  USEPA has primary responsibility for:

    1.  Developing an oversight system for assessing the State
        program;  

    2.  Cooperating with OEPA by allowing appropriate
        flexibility when determining the most effective and
        expeditious means of implementing USEPA policies and
        guidance;

    3.  Providing ongoing technical and other assistance on
        permit program matters as requested;  

    4.  Reviewing, upon OEPA request, any draft documents which
        may change or otherwise affect the State's operating
        permit program; and 

    5.  Providing for expeditious review and final action on any
        program revision.

IV.  PROGRAM IMPLEMENTATION

A.  Each party is responsible for ensuring that its obligations
    under Part 70 and Title V of the Act are met.  Both parties
    agree to maintain regular communication, cooperation, and
    coordination between their respective staffs to enable
    successful and effective implementation of the operating
    permit program.

B.  OEPA and USEPA agree that a working document that addresses
    specific program implementation procedures requiring
    coordination between USEPA and OEPA may be developed and
    maintained.

C.  OEPA and USEPA agree to participate in conference calls as
    needed to discuss program implementation, including program
    requirements, operating procedures, and source specific
    permit issues.  USEPA and OEPA agree that staff and lower
    level management will work together to resolve any issues,
    and will only elevate issues to higher level management if a
    timely resolution cannot be reached. 

D.  OEPA and USEPA each agree to notify the other as early as
    possible of any problems either party anticipates with any
    permit or permit application, such as anticipated public
    controversy, complex equivalency or trading provisions, etc.

E.  OEPA and USEPA agree to work together to determine which
    permit applications and draft permits may have particular
    national or regional interest.  For applications and draft
    permits requested by USEPA, OEPA agrees to make the non-confidential applications and draft permits available to
    USEPA prior to the beginning of the public comment period. 
    USEPA agrees to  comment on such permits or request
    additional time for review within 5 business days.

F.  USEPA will have the lead in processing permit revisions to
    Phase I acid rain permits.  OEPA will not revise or take
    action on any revision to a Phase I acid rain provision
    contained in any Part 70 permit prior to USEPA taking action
    on such revision in a Part 72 Phase I permit.

F.  OEPA agrees to do the following:

    1.  Maintain an adequate file (accessible for USEPA audit)
        for each permittee in accordance with Section V of this
        agreement;

    2.  Notify USEPA of any permit actions that do not take
        place within the time frames provided by the State
        program and/or Part 70;

    3.  Include a statement on the OEPA Division of Air
        Pollution Control Bulletin Board System outlining
        citizen's appeal rights to the Administrator, specified
        in 70.8(d);  

    4.  If any permit is changed as a result of any
        administrative or court action, make the permit
        available to USEPA with the changes identified; and

    5.  Notify USEPA as early as possible of any problems
        anticipated with any permit or permit application that
        results in the scheduling of a public hearing.

G.  USEPA agrees to do the following:

    1.  Provide technical support, assistance, and training
        opportunities as available for Title V related
        activities;

    2.  When requested by OEPA, assist in determining general or
        source-specific Title V permit requirements;

    3.  Provide OEPA the opportunity for involvement and input
        into new program activities and initiatives;

    4.  Consistent with the oversight system referenced under
        III.H.1., review selected permits and provide effective
        oversight of the operating permit program to ensure
        consistency with Part 70;

    5.  Provide comments on draft permits and objections to
        proposed permits in an expeditious manner and consistent
        with Part 70; and 

    6.  Provide timely notification to OEPA when the
        Administrator receives public petitions which object to
        the issuance of a permit, and keep OEPA informed
        concerning USEPA's response. 




V.  DATA MANAGEMENT AND INFORMATION TRANSFER

A.  OEPA and USEPA agree to work together to develop an
    efficient data management and information transfer system. 
    OEPA and USEPA agree to expeditiously transfer to one
    another any requested documents as outlined in this
    agreement or any working document developed pursuant to
    IV.B.

B.  OEPA and USEPA agree that any information obtained or used
    in the administration of the program shall be available to
    USEPA upon request without restriction and in a form
    specified by USEPA.  To the extent practicable, such files
    shall be in the form of computer readable files compatible
    with AIRS.  Any information obtained by USEPA from OEPA or
    from a permit applicant or permittee which is subject to a
    claim of confidentiality will be treated by USEPA in
    accordance with the regulations at 40 CFR Part 2.

C.  OEPA agrees to make available to USEPA the following
    permitting information.

    1.  At a minimum, the following permit documents shall be
        available to USEPA: 

                   a.   Non-confidential operating permit applications;

                   b.   Proposed permits;

                   c.   Any written refusal to accept an affected State's
                        recommendations on a draft permit;

                   d.   Final permits; and

                   e.   Any documentation equivalent to items a. through d.
                        above submitted or generated pursuant to any permit
                        revision process.

    OEPA agrees to provide these documents either through direct
    electronic access, or when requested, by hardcopy submission
    to USEPA.  USEPA will accept the electronic portions of an
    application as an application summary if the electronic data
    constitutes a significant portion of the source's
    application.  If requested, however, OEPA will provide USEPA
    with any hard copy portions of an application that are not
    available electronically.

    2.  In addition to the above permit documents, OEPA agrees
        to make the following information available upon
        request.

                   a.   Permit tracking information;

                   b.   Copies of preliminary staff determinations and
                        draft permits;

                   c.   Copies of all settlements and decisions in permit
                        appeals;

                   d.   Records of sources covered by general permits;

         e.  Records of denied and revoked permits;

                   f.   Records of public notice procedures permits have
                        undergone, and copies of public and affected State
                        comments and responses to comments;

                   g.   Information regarding monitoring, compliance, and
                        enforcement activities as determined under a
                        separate enforcement agreement to be developed
                        pursuant to section III.E.; and

                   h.   Other specific information agreed to by USEPA and
                        OEPA and referenced in the working document that
                        may be developed pursuant to section IV.B. of this
                        agreement.

D.  OEPA agrees that any changes to the Ohio data management
    system will be compatible with AIRS/AFS to the extent
    practicable.  OEPA will ensure that AIRS/AFS data includes
    compliance monitoring and enforcement data, as well as the
    permit related data elements outlined in the March 17, 1994
    memorandum entitled, "Policy on Title V Permit Program Data
    Elements", signed by John Seitz, Director, Office of Air
    Quality Planning and Standards.

VI. SIGNATURES



___________________________________          Date:  _____________
Robert Hodanbosi, Chief
Division of Air Pollution Control
Ohio Environmental Protection Agency


___________________________________          Date:  _____________
Stephen Rothblatt, Chief
Air Programs Branch
Air and Radiation Division
United States Environmental Protection Agency