Article IV 

Evidence Ohio EPA 

Followed Rule Adoption 

Procedures 
Evidence Ohio EPA Followed Rule Adoption Procedures 

Ohio Revised Code ("ORC") 119.03, ''Procedures for adoption, amendment, or 

recission of rules; finding that fiscal analysis is incomplete or inaccurate," outlines the 

requirements Ohio EPA must follow during the rule-making process (Attachment A). 

Ohio EPA fully complied with the requirements of this law and has provided evidence 

on the major requirements below: 

1. ORC 119.03(A): Reasonable public notice shall be given in the register of Ohio 

at least 30 days prior to the date set for a hearing. 

Ohio's electronic rule filing system automatically posts public notices in the Ohio 

Register when rules are proposed. As can be viewed by the Public Hearing 

notice (Attachment F), the Public Hearing notice was placed in the Ohio Register 

on March 16,2005. Ohio EPA held a public hearing on April21, 2005. The 

hearing was held 36 days after the notice was placed in the register. The ORC 

119.03 requirements for public notice contents were met as evidenced by 

comparing the public notice and ORC 119.03 (A)(1 )-(4). In addition to the 

Register of Ohio, Ohio EPA also placed an advertisement in the major 

newspapers throughout the state (Attachment C). 

2. ORC 119.03(8): The required materials must be filed with the secretary of state 

and the director of the legislative service commission ("LSC"). 

Ohio's electronic filing system automatically generates a notice when all the 

required elements have been uploaded on the system and the package is 

proposed. The rule package contained an "Original File" notice on March 16, 

2005, a "Revise" notice on April4, 2005 to correct supplemental information 

located at the end of the rule, and another "Revise" notice on April 13, 2005 to 

correct typographical errors. The revisions did not affect the content or intent of 

the rule itself. These notices are included (Attachment D). 

3. ORC 119.03(C): Conduct public hearings as advertised. 

Ohio EPA conducted the public hearing as identified in the Public Hearing 

notice. We have provided a copy of the hearing's transcript as evidence in 

Article Five. 

4. ORC 119.03(0): After the period of time when legislative review and invalidation 

may occur expires, the agency may issue an order adopting the rules. 

The Joint Committee on Agency Rule Review (JCARR) oversees agency rule 

making in Ohio. A hearing was held with JCARR on May 9, 2005 where these 

rules were originally placed on the consent agenda as item 27 (Attachment G). 
However, two citizens attended to present testimony which resulted in the rules 

being moved to the review agenda. The citizens' testimony alleged the Rule 

Summary and Fiscal Analysis (RSFA) and Environmental Rule 

Adoption/ Amendment Form (ERAF) documents were deficient. Ohio EPA 

Director Koncelik also submitted testimony on behalf of the Agency. At the 

hearing, JCARR determined no invalidation of the rules was warranted. JCARR 

jurisdiction expired on May 20, 2005 as evidenced by the JCARR consent 

agenda. 

Ohio EPA issued the order to adopt the rules on July 19, 2005 as evidenced by 

the Director's Findings & Orders and the Public Notice (both contained in Article 

2). The Secretary of the State and Director of the LSC once again received a 

notice (Attachment H). 

5. ORC 119.03(E): Provide notice to public prior to effective date of rules. 

Ohio EPA provided an update of the adoption of the rules through the Ohio EPA 

website and through an e-mail notice to all interested parties on July 19, 2005 

(Attachment 1). 

ORC 121.39, "Provisions applicable to proposed legislation or administrative rules 

concerning environmental protection," imposes further requirements for interested party 

review specific to environmental rule adoption (Attachment B). Ohio EPA fully complied 

with the requirements of this law and has provided evidence on the major requirements 

below: 

1. ORC 121.39(8): Legislation dealing with the environment must be accompanied 

by a statement identifying if it is necessary to comply with a federal requirement. 

It must also include information on the estimated cost of compliance. 

The RSFA and ERAF documents are automatically generated questions that are 

part of the State's electronic rule filing system (Attachment E). The questions 

are intended to address the items in ORC 121.39. As evidenced in Question 6 

of the RSFA documents and item (C) of the ERAF for each rule, Ohio EPA 

stated the adoption of these rules will allow various types of sources to be 

exempt from state permit-to-install requirements. The rules are not necessary to 

comply with a federal requirement. The RSFA documents also contain a section 

entitled "Fiscal Analysis" which addresses potential costs. Our responses met 

the requirements of this law as evidenced in the consent by JCARR who reviews 

these documents. 

2. ORC 121.39(0): Prior to adopting any environmentat rule, the agency must 

consult with interested parties, consider all documentation relevant to the need 

for the rule making, identify any need to adopt in order to maintain approval to 

administer a federal environmental law, and it must include an RSFA. 
Ohio EPA consulted with interested parties that included the regulated 

community, consultants, attorneys, environmental groups and local air agencies. 

On August 11, 2004, Ohio EPA notified interested parties via e-mail of the draft 

rule making, including a synopsis of the intended changes and background 

information. Ohio EPA extended this comment period an extra 30 days to 

October 13, 2004 and hosted a public information session on October 4, 2004. 

Comments were taken and considered. 

On March 16, 2005, Ohio EPA notified interested parties via e-mail (Attachment 

J) of the proposed rule language, including a synopsis of the changes made as a 

result of comments obtained during the interested party phase. Originally, the 

draft rule amendments also included a new emission threshold exemption. The 

emissions threshold exemption portion of the rule was not included in the 

proposed rule or the final filing so that Ohio EPA can continue to investigate 

stakeholder comments submitted during the interested party comment period. 

We provided a 30-day comment period (closing April 22, 2005). The interested 

parties list is included (Attachment K). 

As evidenced in item (C) of the ERAF for each rule, Ohio EPA stated the 

adoption of these rules is not necessary to administer a federal environmental 

law. 

As evidenced in item (A) of the ERAF for each rule, Ohio EPA identified that it 

considered all documentation relevant to the need for the rule making and 

identified those documents in list form. · 
Attachment A 

ORC 119.03 
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§ 119.03. Procedure for adoption, amendment, or rescission of rules. 

In the adoption, amendment, or rescission of any rule, an agency shall comply with the following 

procedure: 

(A) Reasonable public notice shall be given in the register of Ohio at least thirty days prior to the date 

set for a hearing, in the form the agency determines. The agency shall file copies of the public notice 

under division (B) of this section. (The agency gives public notice in the register of Ohio when the 

public notice is published in the register under that division.) 

The public notice shall include: 

(1) A statement of the agency's intention to consider adopting, amending, or rescinding a rule; 

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the 

subject matter to which the proposed rule, amendment, or rescission relates; 

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule; 

(4) The date, time, and place of a hearing on the proposed action, which shall be not earlier than the 

thirty-first nor later than the fortieth day after the proposed rule, amendment, or rescission is flied under 

division (B) of this section. 

In addition to public notice given in the register of Ohio, the agency may give whatever other notice it 

reasonably considers necessary to ensure notice constructively is given to all persons who are subject to 

or affected by the proposed rule, amendment, or rescission. 

The agency shall provide a copy of the public notice required under division (A) of this section to any 

person who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing. 

(B) The full text of the proposed rule, amendment, or rule to be rescinded, accompanied by the public 

notice required under division (A) of this section, shall be filed in electronic form with the secretary of 

state and with the director of the legislative service commission. (If in compliance with this division an 

agency flies more than one proposed rule, amendment, or rescission at the same time, and has prepared a 

public notice under division (A) of this section that applies to more than one of the proposed rules, 

amendments, or rescissions, the agency shall file only one notice with the secretary of state and with the 

director for all of the proposed rules, amendments, or rescissions to which the notice applies.) The 

proposed rule, amendment, or rescission and public notice shall be flied as required by this division at 

least sixty-five days prior to the date on which the agency, in accordance with division (D) of this 

section, issues an order adopting the proposed rule, amendment, or rescission. 

If the proposed rule, amendment, or rescission incorporates a text or other material by reference, the 

agency shall comply with sections 121.71 to 121.76 of the Revised Code. 

The proposed rule, amendment, or rescission shall be available for at least thirty days prior to the date of 

the hearing at the office of the agency in printed or other legible form without charge to any person 

affected by the proposal. Failure to furnish such text to any person requesting it shall not invalidate any 

action of the agency in connection therewith. 
Anderson's OnLine Documentation Page 2 of6 

If the agency files a substantive revision in the text of the proposed rule, amendment, or rescission under 

division (H) of this section, it shall also promptly file the full text of the proposed rule, amendment, or 

rescission in its revised form in electronic form with the secretary of state and with the director of the 

legislative service commission. 

The agency shall file the rule summary and fiscal analysis prepared under section 121 .24 or 127. 18 of 

the Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission or 

proposed rule, amendment, or rescission in revised form that is filed with the secretary of state or the 

director of the legislative service commission. 

The director of the legislative service commission shall publish in the register of Ohio the full text of the 

original and each revised version of a proposed rule, amendment, or rescission; the full text of a public 

notice; and the full text of a rule summary and fiscal analysis that is filed with the director under this 

division. 

(C) On the date and at the time and place designated in the notice, the agency shall conduct a public 

hearing at which any person affected by the proposed action of the agency may appear and be heard in 

person, by the person's attorney, or both, may present the person's position, arguments, or contentions, 

orally or in writing, offer and examine witnesses, and present evidence tending to show that the 

proposed rule, amendment, or rescission, if adopted or effectuated, will be unreasonable or unlawful. An 

agency may permit persons affected by the proposed rule, amendment, or rescission to present their 

positions, arguments, or contentions in writing, not only at the hearing, but also for a reasonable period 

before, after, or both before and after the hearing. A person who presents a position or arguments or 

contentions in writing before or after the hearing is not required to appear at the hearing. 

At the hearing, the testimony shall be recorded. Such record shall be made at the expense of the agency. 

The agency is required to transcribe a record that is not sight readable only if a person requests 

transcription of all or part of the record and agrees to reimburse the agency for the costs of the 

transcription. An agency may require the person to pay in advance all or part of the cost of the 

transcription. 

In any hearing under this section the agency may administer oaths or affirmations. 

(D) After complying with divisions (A), (B), (C), and (H) of this section, and when the time for 

legislative review and invalidation under division (I) of this section has expired, the agency may issue an 

order adopting the proposed rule or the proposed amendment or rescission of the rule, consistent with 

the synopsis or general statement included in the public notice. At that time the agency shall designate 

the effective date of the rule, amendment, or rescission, which shall not be earlier than the tenth day 

after the rule, amendment, or rescission has been filed in its final form as provided in section 119.04 of 

the Revised Code. 

(E) Prior to the effective date of a rule, amendment, or rescission, the agency shall make a reasonable 

effort to inform those affected by the rule, amendment, or rescission and to have available for 

distribution to those requesting it the full text of the rule as adopted or as amended. 

(F) If the governor, upon the request of an agency, determines that an emergency requires the immediate 

adoption, amendment, or rescission of a rule, the governor shall issue an order, the text of which shall be 

filed in electronic form with the agency, the secretary of state, the director of the legislative service 

commission, and the joint committee on agency rule review, that the procedure prescribed by this 

section with respect to the adoption, amendment, or rescission of a specified rule is suspended. The 

agency may then adopt immediately the emergency rule, amendment, or rescission and it becomes 

effective on the date the rule, amendment, or rescission, in fmal form and in compliance with division 
Anderson's OnLine Documentation Page 3 of6 

(A)(2) of section 119.04 of the Revised Code, are A filed in electronic form with the secretary of state, 

the director of the legislative service commission, and the joint committee on agency rule review. If all 

filings are not completed on the same day, the emergency rule, amendment, or rescission shall be 

effective on the day on which the latest filing is completed. The director shall publish the full text of the 

emergency rule, amendment, or rescission in the register of Ohio. 

The emergency rule, amendment, or rescission shall become invalid at the end of the ninetieth day it is 

in effect. Prior to that date the agency may adopt the emergency rule, amendment, or rescission as a 

nonemergency rule, amendment, or rescission by complying with the procedure prescribed by this 

section for the adoption, amendment, and rescission of nonemergency rules. The agency shall not use 

the procedure of this division to readopt the emergency rule, amendment, or rescission so that, upon the 

emergency rule, amendment, or rescission becoming invalid under this division, the emergency rule, 

amendment, or rescission will continue in effect without interruption for another ninety-day period, 

except when division (I)(2)(a) of this section prevents the agency from adopting the emergency rule, 

amendment, or rescission as a nonemergency rule, amendment, or rescission within the ninety-day 

period. 

This division does not apply to the adoption of any emergency rule, amendment, or rescission by the tax 

commissioner under division (C)(2) of section 5117.02 of the Revised Code. 

(G) Rules adopted by an authority within the department of job and family services for the 

administration or enforcement of Chapter 4141. of the Revised Code or of the department of taxation 

shall be effective without a hearing as provided by this section if the statutes pertaining to such agency 

specifically give a right of appeal to the board of tax appeals or to a higher authority within the agency 

or to a court, and also give the appellant a right to a hearing on such appeal. This division does not apply 

to the adoption of any rule, amendment, or rescission by the tax commissioner under division (C)(l) or 

(2) of section 5117.02 of the Revised Code, or deny the right to file an action for declaratory judgment 

as provided in Chapter 2721. of the Revised Code from the decision of the board of tax appeals or of 

the higher authority within such agency. 

(H) When any agency files a proposed rule, amendment, or rescission under division (B) of this section, 

it shall also file in electronic form with the joint committee on agency rule review the full text of the 

proposed rule, amendment, or rule to be rescinded in the same form and the public notice required under 

division (A) of this section. (If in compliance with this division an agency flies more than one proposed 

rule, amendment, or rescission at the same time, and has given a public notice under division (A) of this 

section that applies to more than one of the proposed rules, amendments, or rescissions, the agency shall 

file only one notice with the joint committee for all of the proposed rules, amendments, or rescissions to 

which the notice applies.) If the agency makes a substantive revision in a proposed rule, amendment, or 

rescission after it is filed with the joint committee, the agency shall promptly file the full text of the 

proposed rule, amendment, or rescission in its revised form in electronic form with the joint committee. 

The latest version of a proposed rule, amendment, or rescission as filed with the joint committee 

supersedes each earlier version of the text of the same proposed rule, amendment, or rescission. An 

agency shall file the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the 

Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission, and 

along with a proposed rule, amendment, or rescission in revised form, that is filed under this division. 

This division does not apply to: 

(1) An emergency rule, amendment, or rescission; 

(2) Any proposed rule, amendment, or rescission that must be adopted verbatim by an agency pursuant 

to federal law or rule, to become effective within sixty days of adoption, in order to continue the 
Anderson's OnLine Docwnentation Page 4 of6 

operation of a federally reimbursed program in this state, so long as the proposed rule contains both of 

the following: 

(a) A statement that it is proposed for the purpose of complying with a federal law or rule; 

(b) A citation to the federal law or ri.J.le that requires verbatim compliance. 

If a rule or amendment is exempt from legislative review under division (H)(2) of this section, and if the 

federal law or rule pursuant to which the rule or amendment was adopted expires, is repealed or 

rescinded, or otherwise terminates, the rule or amendment, or its rescission, is thereafter subject to 

legislative review under division (H) of this section. 

(I) (1) The joint committee on agency rule review may recommend the adoption of a concurrent 

resolution invalidating a proposed rule, amendment, rescission, or part thereof if it finds any of the 

following: 

(a) That the rule-making agency has exceeded the scope of its statutory authority in proposing the rule, 

amendment, or rescission; 

(b) That the proposed rule, amendment, or rescission conflicts with another rule, amendment, or 

rescission adopted by the same or a different rule-making agency; 

(c) That the proposed rule, amendment, or rescission conflicts with the legislative intent in enacting the 

statute under which the rule-making agency proposed the rule, amendment, or rescission; 

(d) That the rule-making agency has failed to prepare a complete and accurate rule summary and fiscal 

analysis of the proposed rule, amendment, or rescission as required by section 121.24 or 127.18 of the 

Revised Code, or both, or that the proposed rule, amendment, or rescission incorporates a text or other 

material by reference and either the rule-making agency has failed to file the text or other material 

incorporated by reference as required by section 121.73 of the Revised Code or, in the case of a 

proposed rule or amendment, the incorporation by reference fails to meet the standards stated in section 

121.72, 121.75, or 121.76 ofthe Revised Code. 

The joint committee shall not hold its public hearing on a proposed rule, amendment, or rescission 

earlier than the forty-first day after the original version of the proposed rule, amendment, or rescission 

was filed with the joint committee. 

The house of representatives and senate may adopt a concurrent resolution invalidating a proposed rule, 

amendment, rescission, or part thereof. The concurrent resolution shall state which of the specific rules, 

amendments, rescissions, or parts thereof are invalidated. A concurrent resolution invalidating a 

proposed rule, amendment, or rescission shall be adopted not later than the sixty-fifth day after the 

original version of the text of the proposed rule, amendment, or rescission is filed with the joint 

committee, except that if more than thirty-five days after the original version is filed the rule-making 

agency either files a revised version of the text of the proposed rule, amendment, or rescission, or revises 

the rule summary and fiscal analysis in accordance with division (I)(4) of this section, a concurrent 

resolution invalidating the proposed rule, amendment, or rescission shall be adopted not later than the 

thirtieth day after the revised version of the proposed rule or rule summary and fiscal analysis is filed. If, 

after the joint committee on agency rule review recommends the adoption of a concurrent resolution 

invalidating a proposed rule, amendment, rescission, or part thereof, the house of representatives or 

senate does not, within the time remaining for adoption of the concurrent resolution, hold five floor 

sessions at which its journal records a roll call vote disclosing a sufficient nwnber of members in 

attendance to pass a bill, the time within which that house may adopt the concurrent resolution is 
Anderson's OnLine Documentation Page 5 of6 

extended until it has held five such floor sessions. 

Within five days after the adoption of a concurrent resolution invalidating a proposed rule, amendment, 

rescission, or part thereof, the clerk of the senate shall send the rule-making agency, the secretary of 

state, and the director of the legislative service commission in electronic form a certified text of the 

resolution together with a certification stating the date on which the resolution takes effect. The 

secretary of state and the director of the legislative service commission shall each note the invalidity of 

the proposed rule, amendment, rescission, or part thereof, and shall each remove the invalid proposed 

rule, amendment, rescission, or part thereof from the file of proposed rules. The rule-making agency 

shall not proceed to adopt in accordance with division (D) of this section, or to file in accordance with 

division (B)(l) of section 111.15 of the Revised Code, any version of a proposed rule, amendment, 

rescission, or part thereof that has been invalidated by concurrent resolution. 

Unless the house of representatives and senate adopt a concurrent resolution invalidating a proposed 

rule, amendment, rescission, or part thereof within the time specified by this division, the rule-making 

agency may proceed to adopt in accordance with division (D) of this section, or to file in accordance 

with division (B)(l) of section 111.15 of the Revised Code, the latest version of the proposed rule, 

amendment, or rescission as filed with the joint committee. If by concurrent resolution certain of the 

rules, amendments, rescissions, or parts thereof are specifically invalidated, the rule-making agency may 

proceed to adopt, in accordance with division (D) of this section, or to file in accordance with division 

(B)(l) of section 111.15 of the Revised Code, the latest version of the proposed rules, amendments, 

rescissions, or parts thereof as filed with the joint committee that are not specifically invalidated. The 

rule-making agency may not revise or amend any proposed rule, amendment, rescission, or part thereof 

that has not been invalidated except as provided in this chapter or in section 111 . 15 of the Revised 

Code. 

(2) (a) A proposed rule, amendment, or rescission that is filed with the joint committee under division 

(H) of this· section or division (D) of section 111.15 of the Revised Code shall be carried over for 

legislative review to the next succeeding regular session of the general assembly if the original or any 

revised version of the proposed rule, amendment, or rescission is filed with the joint committee on or 

after the first day ofDecember of any year. 

(b) The latest version of any proposed rule, amendment, or rescission that is subject to division (I)(2)(a) 

of this section, as filed with the joint committee, is subject to legislative review and invalidation in the 

next succeeding regular session of the general assembly in the same manner as if it were the original 

version of a proposed rule, amendment, or rescission that had been filed with the joint committee for the 

first time on the first day of the session. A rule-making agency shall not adopt in accordance with 

division (D) of this section, or file in accordance with division (B)(l) of section 111.15 of the Revised 

Code, any version of a proposed rule, amendment, or rescission that is subject to division (I)(2)(a) of 

thi~ section until the time for legislative review and invalidation, as contemplated by division (I)(2)(b) of 

this section, has expired. 

(3) Invalidation of any version of a proposed rule, amendment, rescission, or part thereof by concurrent 

resolution shall prevent the rule-making agency from instituting or continuing proceedings to adopt any 

version of the same proposed rule, amendment, rescission, or part thereof for the duration of the general 

assembly that invalidated the proposed rule, amendment, rescission, or part thereof unless the same 

general assembly adopts a concurrent resolution permitting the rule-making agency to institute or 

continue such proceedings. 

The failure of the general assembly to invalidate a proposed rule, amendment, rescission, or part thereof 

under this section shall not be construed as a ratification of the lawfulness or reasonableness of the 

proposed rule, amendment, rescission, or any part thereof or of the validity of the procedure by which 
Anderson's OnLine Documentation Page 6 of6 

the proposed rule, amendment, rescission, or any part thereof was proposed or adopted. 

(4) In lieu of recommending a concurrent resolution to invalidate a proposed rule, amendment, 

rescission, or part thereof because the rule-making agency has failed to prepare a complete and accurate 

fiscal analysis, the joint committee on agency rule review may issue, on a one-time basis, for rules, 

amendments, rescissions, or parts thereof that have a fiscal effect on school districts, counties, 

townships, or municipal corporations, a finding that the rule summary and fiscal analysis is incomplete 

or inaccurate and order the rule-making agency to revise the rule summary and fiscal analysis and refile 

it with the proposed rule, amendment, rescission, or part thereof. If an emergency rule is flied as a 

nonemergency rule before the end of the ninetieth day of the emergency rule's effectiveness, and the 

joint committee issues a fmding and orders the rule-making agency to refile under division (1)(4) of this 

section, the governor may also issue an order stating that the emergency rule shall remain in effect for an 

additional sixty days after the ninetieth day of the emergency rule's effectiveness. The governor's orders 

shall be filed in accordance with division (F) of this section. The joint committee shall send in electronic 

form to the rule-making agency, the secretary of state, and the director of the legislative service 

commission a certified text of the finding and order to revise the rule summary and fiscal analysis, 

which shall take immediate effect. 

An order issued under division (I)( 4) of this section shall prevent the rule-making agency from 

instituting or continuing proceedings to adopt any version of the proposed rule, amendment, rescission, 

or part thereof until the rule-making agency revises the rule summary and fiscal analysis and refiles it in 

electronic form with the joint committee along with the proposed rule, amendment, rescission, or part 

thereof. If the joint committee finds the rule summary and fiscal analysis to be complete and accurate, 

the joint committee shall issue a new order noting that the rule-making agency has revised and refiled a 

complete and accurate rule summary and fiscal analysis. The joint committee shall send in electronic 

form to the rule-making agency, the secretary of state, and the director of the legislative service 

commission a certified text of this new order. The secretary of state and the director of the legislative 

service commission shall each link this order to the proposed rule, amendment, rescission, or part 

thereof. The rule-making agency may then proceed to adopt in accordance with division (D) of this 

section, or to file in accordance with division (B)(l) of section 111 .15 of the Revised Code, the 

proposed rule, amendment, rescission, or part thereof that was subject to the finding and order under 

division (I)( 4) of this section. If the joint committee determines that the revised rule summary and fiscal 

analysis is still inaccurate or incomplete, the joint committee shall recommend the adoption of a 

concurrent resolution in accordance with division (1)(1) of this section. 

IDSTORY: GC § 154-64; 120 v 358; 121 v 578; Bureau of Code Revision, 10-1-53; 133 v H 1 (Eff 

3-18-69); 136 v H 317 (Eff9-30-76); 137 v S 43 (Eff9-23-77); 137 v H 257 (Eff 1-1-78); 137 v H 25 

(Eff 11-4-77); 137 v S 321 (Eff 4-14-78); 138 v S 8 (Eff9-19-79); 138 v H 204 (Eff9-19-79); 138 v H 

657 (Eff 9-24-79); 139 v H 1 (Eff 8-5-81); 139 v H 694 (Eff 11-15-81); 140 v H 291 (Eff 7-1-83); 140 

v H 244 (Eff 7-4-84); 140 v S 239 (Eff 1-1-85); 145 v S 33 (Eff8-16-94); 148 v S 11, § 1 (Eff9-15-99; 

7-1-2000); 148 v H 470, § 1 (Eff 7-1-2000); 148 v S 11, § 3 (Eff 4-1-2001); 148 v H 470, § 3 (Eff 4-1-

2001); 148 v S 11, § 6 (Eff 4-1-2002); 148 v H 470, § 6 (Eff 4-1-2002); 149 v S 265. Eff9-17-2002. 
Attachment B 

ORC 121.39 
Anderson's OnLine Documentation Page 1 of3 

§ 121.39. Provisions applicable to proposed legislation or administrative rules concerning 

environmental protection. 

(A) As used in this section, "environmental protection" means any of the following: 

(I) Protection of human health or safety, biological resources, or natural resources by preventing, 

reducing, or remediating the pollution or degradation of air, land, or water resources or by preventing or 

limiting the exposure of humans, animals, or plants to pollution; 

(2) Appropriation or regulation of privately owned property to preserve air, land, or water resources in a 

natural state or to wholly or partially restore them to a natural state; 

(3) Regulation of the collection, management, treatment, reduction, storage, or disposal of solid, 

hazardous, radioactive, or other wastes; 

(4) Plans or programs to promote or regulate the conservation, recycling, or reuse of energy, materials, 

or wastes. 

(B) Except as otherwise provided in division (E) of this section, when proposed legislation dealing with 

environmental protection or containing a component dealing with environmental protection is referred to 

a committee of the general assembly, other than a committee on rules or reference, the sponsor of the 

legislation, at the time of the first hearing of the legislation before the committee, shall submit to the 

members of the committee a written statement identifying either the documentation that is the basis of 

the legislation or the federal requirement or requirements with which the legislation is intended to 

comply. If the legislation is not based on documentation or has not been introduced to comply with a 

federal requirement or requirements, the written statement from the sponsor shall so indicate. 

Also at the time of the first hearing ofthe legislation before the committee, a statewide organization that 

represents businesses in this state and that elects its board of directors may submit to the members of the 

committee a written estimate of the costs to the regulated community in this state of complying with the 

legislation if it is enacted. 

At any hearing of the legislation before the committee, a representative of any state agency, 

environmental advocacy organization, or consumer advocacy organization or any private citizen may 

present documentation containing an estimate of the monetary and other costs to public health and safety 

and the environment and to consumers and residential utility customers, and the effects on property 

values, if the legislation is not enacted. 

(C) Until such time as the statement required under division (B) of this section is submitted to the 

committee to which proposed legislation dealing with environmental protection or containing a 

component dealing with environmental protection was referred, the legislation shall not be reported by 

that committee. This requirement does not apply if the component dealing with environmental 

protection is removed from the legislation or if two-thirds of the members of the committee vote in favor 

of a motion to report the proposed legislation. 

(D) Except as otherwise provided in division (E) of this section, prior to adopting a rule or an 

amendment proposed to a rule dealing with environmental protection or containing a component dealing 

1 ,, II 1• 
Anderson's OnLine Documentation Page 2 of3 

with environmental protection, a state agency shall do all of the following: 

(1) Consult with organizations that represent political subdivisions, environmental interests, business 

interests, and other persons affected by the proposed rule or amendment; 

(2) Consider documentation relevant to the need for, the environmental benefits or consequences of, 

other benefits of, and the technological feasibility of the proposed rule or amendment; 

(3) Specifically identify whether the proposed rule or amendment is being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal environmental law or to 

participate in a federal environmental program, whether the proposed rule or amendment is more 

stringent than its federal counterpart, and, if the proposed rule or amendment is more stringent, the 

rationale for not incorporating its federal counterpart; 

(4) Include with the proposed rule or amendment and the rule summary and fiscal analysis required 

under sections 121.24 and 127.18 of the Revised Code, when they are filed with the joint committee 

on agency rule review in accordance with division (D) of section 111.15 or division (H) of section 

119.03 of the Revised Code, one of the following in electronic form, as applicable: 

(a) The information identified under division (D)(3) of this section and, if the proposed rule or 

amendment is more stringent than its federal counterpart, as identified in that division, the 

documentation considered under division (D)(2) ofthis section; 

(b) If an amendment proposed to a rule is being adopted or amended under a state statute that establishes 

standards with which the amendment shall comply, and the proposed amendment is more stringent than 

the rule that it is proposing to amend, the documentation considered under division (D)(2) of this 

section; 

(c) If division (D)(4)(a) or (b) of this section is not applicable, the documentation considered under 

division (D)(2) of this section. 

If the agency subsequently files a revision of such a proposed rule or amendment in accordance with 

division (D) of section 111.15 or division (H) of section 119.03 of the Revised Code, the revision shall 

be accompanied in electronic form by the applicable information or documentation. 

Division (D) of this section does not apply to any emergency rule adopted under division (B)(2) of 

section 111.15 or division (F) of section 119.03 of the Revised Code, but does apply to any such rule 

that subsequently is adopted as a nonemergency rule under either of those divisions. 

The information or documentation submitted under division (D)(4) of this section may be in the form of 

a summary or index of available knowledge or information and shall consist of or be based upon the best 

available generally accepted knowledge or information in the appropriate fields, as determined by the 

agency that prepared the documentation. 

(E) The statement required under division (B) and the information or documentation required under 

division (D) of this section need not be prepared or submitted with regard to a proposed statute or rule, 

or an amendment to a rule, if the statute, rule, or amendment is procedural or budgetary in nature, or 

governs the organization or operation of a state agency, and will not affect the substantive rights or 

obligations of any person other than a state agency or an employee or contractor of a state agency. 

(F) The insufficiency, incompleteness, or inadequacy of a statement, information, documentation, or a 

summary of information or documentation provided in accordance with division (B) or (D) of this 

section shall not be grounds for invalidation of any statute, rule, or amendment to a rule. 
Anderson's OnLine Documentation Page 3 of3 

(G) lbis section applies only to the following: 

(1) Legislation and components of legislation dealing with environmental protection that are introduced 

in the general assembly after March 5, 1996; 

(2) Rules and rule amendments dealing with environmental protection that are filed with the joint 

committee on agency rule review in accordance with division (D) of section 111 .15 or division (H) of 

section 119.03 ofthe Revised Code after March 5, 1996. 

IDSTORY: 146 v H 106 (Eff3-5-96); 148 v S 11, § 3 (Eff 4-1-2001); 148 v S 11, § 6. Eff 4-1-2002. 

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Attachment C 

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.·.• i.!,k.r Apri12i, 2005, ..W be 1:00· 

: .sklcrtd by Obio EPA f(klr.Jo 

·.&ai iodioo \llllhis rult, Wiltteo 

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05/04/2005 16:28 FAX 614 461 8525 

THE COLUMBUS DISPATCH 

PROOF OF PUBLICATION 

CLASSIFIED 

STATE OF OHIO, FRANKLIN COUNTY. SS: 

Nicole Lewis 

Sales Representative 

The Columbus Dispatch, a newspaper published at 

Columbus, Franklin County, Ohio, with a daily 

paid circulation of more than 25,000 copies, 

personally appeared and made oath that the 

notice of which a true copy is hereunto attached 

was published in The Columbus Dispatch for 1 Time(s) on 

March 18, 2005 

and that the rate charged therefore is the same 

as that charged for commercial advertising for 

like services. 

subscribed and Sworn on this 4th day of 

May 2005 as witnes_s my han9 and seal of office. 

I •I / .. . ' .... _ _ • i j -·-·7 // :·· ) I"-; 

.i . (' { ' . I , r· I ' ~/'''/ J'-7( ·( (/( ' . i · ·t..,t / ~~ / (.,\ · L. ..-< ·' l I ; -; ... -..->z .-' 

I NOTARY PUBLIC- STATE OF OHIO 

VERONICA H. HILL 

rCAP." n•; g: I C. ST4Tf Of OHIO 

M'i C:lMMISS•Jh LX lf:~ ~ N•J'Ilti.BER 6, 2008 

Publie Notice 

Ohio Environmental 

Prolt<:Liun .4gency Proposed amendment of 

Ohio Administrative {',ode 

(OAC> rule 3745-31·00 

1\ollce Is hereby gh·cn that the Ohio En1·ironmental 

Prol<!elion Agency, Division 

of air Pollulion Control 

<DAPC) proposes to amend 

Ohio Admlnistratire Code 

(OAC) rule 3745-JI-03 Penn It to install exemptions. The 

amendments are being pro- posed to incorporntc six new permit-by-rule provJ. sions and to modifY set er:~l 

permanent exemptions. These amendments will ex- empt owners or operators nr 

various t}-pes or law- cmiltin~ air pollution .ourr· es from the need to obtain a permit-to-inst.:Jtl Pursuant to Section 121.:!9 

of the Ohio Revised Code. 

DAPC 1ras requirt.>d to con- sult with interested parties 

affected by Lhc rule before the division formally pro- pos~ them. On Aagust 13, 2004, these rules went out Cor a 30 day rctiew by inter· 

ested parties. The director or lhc Ohio EPA alo;o ~:=ted an additional 30 day re· view period due to the re-- quest of interested parties. Pursuant lo S<:<:tion 1J9.03 or the Ohio Re>ised Code, a public bearing on these rule 

changes will be conducted on April 21. 2004, these rules went out for • 30 day rc1icw 

b)' interes\ed part1es. The 

director nf Lhe Ohio EPA 

also grunted an additional 3lJ day re\'iew period due to lhe request or interested porties. 

Pursuant to Section 119.00 or the Ohio Re1·iscd Code, D 

public hearing on these rule 

changes will be conducted oo April 21, 2005 :tt 6:30 p.m., in Building E. Assem- bly Conler. lSI floor, of the Ohio Oep:ll'tment of Natur:~l Resources, 2CH5 Morse 

Rood. {'.olumbus, Ohio. All i ntcrested persons are entitled to atlend or be rep- resented at the hearine and 

give wrillcn or or:~l com- ments on these rule chang- es. All oro! comments pre· 

'"'nted at the bearing. and all wrlllen statements submitted nt the hcmring ur by 

the close or business on April 22. 2005, will be con- sidered by Ohio ~:PA prior to final action on thb rule. 

Written stntemcnts submit· ted aRer April 22. 2005 may 

be considered as time and circumstanc~s permit. but 

"ill not be part or Lhc official record or the hearing. These rules are a\·aUubie on the Web page for electronic 

downloading by clicking on ·re~ulations" under the 

·topics" drop-do"1l box. The URL is: http:// 

IVV<W.cpa.stale.oh.u$/dapci 

regsireg51'html. Questions re- garding acces.<ing the web stte should be directed to Arunee Ni:lmiarb at 

Gl4-728-J34.2: other ques- tions or comments about 

these rules should be directed io Rick C.arle~ki at Ohio 

EPA. (614)728-1742. 

rick.carleskiiil cpa.state.oh· us. or mailed to Richard J. C>rleski, Ohio EPA, IJivision 

Air Pollution Control. Luzar- us Government Center, P.O. Box 1<>19. C.oiumbu.<, Ohio 43216-!0otll. 

141003/ 003 
. :::. .. , . 

. ·.· !: ·"''1 

No. 374 7 P. 3 

MaY i 0. 200 5, 10 · I ~;1·-~~;~C I NNAH E NQU 1 R E R 

~ ~~R~ ~-~~~~ 

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MAR 23 '05 09:10AM DDN CLASSIFIED P.l 

AFFIDAVIT OF PUBLICATION 

Stat!! of Ohio 

SS: Obio EPA 

Montgomery County 

geoera.l display advertising columna. 

Signed 

Before me, the undersigned, a Notary public ------ in and for said 

Cowtty, personally eamo Tina Sears, who being fimt duly 

sworn says she ia the Legal Advertising Agent of the 

DAYTON DAILY N'EWS, which she says is a newilpaper of 

general circulation itt Montgomery, ClW:, Wam:n. Butler, 

Clinton, Greene, Preble, Miami, Darke, Mercer, Shelby, 

Payene, Logan, Auglaize, and Champaig11 C~ties, and State 

of Ohio, and she futthut says that tbe Legal Advertisement. a 

copy of which is hercwuo attatched. has been published in the 

said DAYTON DAILY NEWS 

57 Lines, 1 Time(s), lw;t day of publication 

Swam or atfll'med to, and subscribed before me, this 

19 day of Marcb 2005 
c1vJJ 1 

flttx!)~J 

Je~~J·,-fd . 

( fb fll) (p tftl- i 3 fe? I 

t'Ut:ILJf.j NU I Jf.jl: 

Ohio Environmental • · 

Protection Agency. , 

Proposed amendment of, 

Ohio Administrative Code• 

(OAC) Rule 3745-31-03 • 

Notice is hereby given ltlat; 

the Ohio Environmental Pro-, 1 

taction Agency, Division of Air• 

PoRutlon Control (DAPC) pro-: 

poses to amend Ohio Admin-, 

istratlve Code (OAC) Rule, 

37 45·31·03 Permit to install• 

exemptions. The amendments 1 

are being proposed to incor·; 

porate six new permit-by-rule 1 

provisions and to modify sev· • 

eral permanent exemptions.; 

These amendments will ex- 1 

empt owners or operators of, 

various types of low-emitting • 

air pollution sources from the ; 

need to obtain a permit-to-in- 1 

stall. 

Pursuantto Section 121.39 1 

of the Ohio Revised Code,: 

DAPC was required to consui1 1 

with Interested parties affect- 1 

ed by the rule before the dlvl· 1 

sion formally proposes them. : 

On August 13, 2004, these 1 

rules went out for a 30 day re- 1 

view by Interested parttes.' 

The director of the Ohio EPA: 

also granted an additional 30 1 

day review period due to the • 

request of Interest parties. 1 

Pursuant to Section 119.03 : 

of the Ohio Revised Code, a • public hearing on these rule 1 

changes will be conducted on 1 

April21, 2005 at 6:30 p.m.;in: 

Building E, Assembly Center, 1 

1st Floor, of the Ohio Depart- • 

ment of Natural Resources, ' 

2045 Morse Road, Columbus, ~ Ohio. c 

All interested persons are • 

entitled to attend or be repre- ' 

sented at the hearing and ; 

give written or oral comments ' 

on these rule changes. All oral ' 

comments presented at the 1 

hearing, and all written state- : 

ments submitted at the hear· ' 

lng or by the close of business 1 

on April 22, 2005, will be con- ' 

sidered by Ohio EPA prior to; 

final actlon on this rule. Wrft- 1 

ten statements submitted after ' 

Aprll22, 2005, may be consld- : 

ered as time and clrcumstan- . 

cas permit, but will not be part ; 

of the official record of the: 

hearing. 

These rules are available ; 

on the Web page for electron- 1 

lc downloading by clicking on ' 

"regulations• under the "top· ' 

lcs" drop-down box. The URL : 

fs: http://www.epa.state.-' 

oh.us/dapc/regs/regs.htmi.' 

Questions regarding access- : 

ing the web site should be di- 1 

reeled to Arunee Niarnla.Ib at ' 

614·128·1342; other ques-' 

lions or comments about' 

these rules should be directed ; 

to Rick Caneskl at Ohio EPA, r 

(614) 728-1742, rick.carle· • 

skl@epa.state.oh.us, or; 

mEI!led to Richard J. Carleskl, , 

Ohro EPA, Division Air Poilu· 1 

tion Control, Lazarus Govern- ' 

ment Center, P.O. Box 1049 1 

Columbus, Ohio 43216·1049. ': 

Published in The Reposlto- ' ~~h-~~ -"~ • 
04-21-GS 13:15 PORTSMOUTH DAILY TIMES 

CERTIFICATE OF AFFIDAVIT 

OF PUBLICATION 

Portsmouth Daily Times 

Portsmouth, Ohio 

ID=174G353728G 

Name: HEARING CLERK OHIO ENVIORMENTAL PROTECTION AGY. 

Case No: 

RULE3745-31-03 AMENDMENT 

Printer Fee: $95.65 

Notary Fee: $ 

Clerk Fee:$ 

State of Ohio, Scioto County, SS 

Publisher of 

PORTSMOUTH DAILY TIMES 

Portsmouth, Ohio 

A Newspaper printed daily and general circulation throughout the City of 

Portsmouth and the County of Scioto, State of Ohio, being duly sworn, says 

that the advertisement (a copy of which is hereWltO affixed) was published 

in said Newspaper for the term of 

No. Of Times: (1) one 

from and after the 17th day of March, 2005 

Circulation- over 14,000 

The price charg~d does not exceed the rare provided in Section 7 .l 0 

of the Revised Code of the Newspaper Laws of Ohio 

~ ' 

Subscribed and sworn to before me on this 

21st day of March, 2005 

PG3/G3 
0' / 21/ 05 THO 10:43 FAX 7402824261 

ATE OF OHIO, 

STEUBENVILLE, 

JEFFERSON COUNTY. SS. 

THE HERALD STAR, a newspaper 

ished, and of general circulation 

said County and City, and that the 

No~na~. of which the annexed is a true 

HERALD ST.o\R 

, was published in said newspaper 

3-1812005 

l'oo.:'LI'"'""" to and subscribed before me 

____ 2;..;1.,;;.st;.......day of 

2005 

- $96.00 

L00129 

i)003 -
TOL.BLADE CLASS AD. 

W'":The 

Blade 

04/21 105 10:20 N0.513 01/04 

541 NOf1h Superior St 

Toledo, Oli> 43680 

Classtfled: 419-724-6500 

FAX: 419-724-6438 

General: 41~724--6000 

r. ~ a.......£..q._ 'i · ~ berng first duly swom, mike oath and say th!t I am a:n Advertising Clerlc in tbr) 

employ of 1'HE TOLEDO BLAOB CO., the publishers of THE BLADE, that r personaJly know tbe facts heTeio mated. tbat said 

l3I..Al>E is a dally newspaper printed. and of general circul.ation in excess of lS,QOO, in $aid Cottnty, and in said State. and that the 

notice of which the below is n tiu£ copy of the text. was publ.i$hed in said Daily BLADE according to the above run schedule. 

. Subscribed in my presence and sworn to before me rmsc:J.J~ day of ~ , A.D. 2005 . 

~ .. . ~-· . . . !J : . .••• ·' ....... :-

:'. ·.,. . -. .. ·. "• 

------------------------------·----
TOL.BLADE CLASS AD. 04/21 •os 1o:21 No.S13 02/04 

--.. ·- ------·····--~~-~----·_ Page 2-:::-
,/ 

e3/15/2 e5 15:e5 7403736251 MARlETT A TIMES PAGE 01 

ID4t ilarittta Wimrs 

www.Marietta Times.com 

P. 0. Sox 635, 700 Chonnellane, Marietta 1 OH 457 50 • ( 7 40} 373~ 21 21 o.r 1 -800~ 531 ~ 121 5 

TRANSMISSION 

Date: 3/1,:;, fc,r .,t : ..t o ,.q It!, 

To: ~71~ 

Company: !IQL;:A-(Jj:}L ~ 

Phone:---------

Fax: --~---r--:-----:---

F~mn~t~ Phone: 7+42 - .5 7~ - ..C-t".33 

Fax: {7 40) 373-6251 

# of pages (including cover): 

A 

Message: ~ ~ a..L.. J., 

t1&t&.: ~ '~ ~ .. 

hr. · tl&L. J.}r;; :fo-= I 6~, 

Read by over 30,000 people daily 

The Marietta Times primary 

Designated Market . is Washington County 

To start your 

home-deljvered subscription 

call (740) 376-5400 

To place your classified ad 

can (740) 376-5433·or 

(740) 376-5431 

For advertisi.ng information 

call (740) 376-5~32 

To place news items in our paper 

· cell (740) 376-5445 · 

For information about our Web site 

call {304) 488-682.4 

Wqt :Sllurittta Wittt£5 

www.MarieHa Times.com "01,1r community,:.:.; 1.vhr-1l we're rAil r;rbout" 
0~/15/2005 15:05 

Public Noll~ 

OWo Envlronmentsl Pr~cn t>qJrcy 

Pr~ amvndment a! 

Ohio Admlnletratlve Code 

(OAC) rula 37345-31.()3 

Notlco 1$ hereby given that 

ttle Ohio Environmental Protoo- tl~ A90tl¢y, Division of Air 

l=loHI.Jtlon Control {OAPq pro- ~oe to amend Ohlc Adi'rlnatratlvt Code (OAC) rule 

3745-31-oa Pemjt to ln8tan ex· lllfllllcnB. Tho omondment• .,. baing propD&IId to Incorporate 

six new pel'l'!llt·by-rult proviaiana and to modify several 

pe111"Snenl exe"""lont, These IU1lllndmanta .,.flj OXOf11't own- era or operate,., 01 various 

typn of law-enittll'lg nlr pollution 80t.I'C88 from the M9d to 

obtain a penrit-to-!Mtoll. 

·PurtJuant to BectiCII 121.39 

ct tho Ohio Revised Codo. 

CAPC wae requlrBd to OOI'I~ult 

with lnt,.,~tod parties affected 

by the rulo bal0111 the division 

forrrtlllly proposes them 011 

August 13, 2004, these rules 

want out lor a 3D day review by 

lnteraoted pat1leu. The director 

of the Ohb EPA al&o granted an additional 30 day review 

perlocl dl.e to the requaat ct 111-

iereated J:~Miot. 

Purauant to Section 1 1CI.OS 

of the Ohio Revised Code, a public hoarlng on these rule 

challQot Yo.iU be conducted on 

April 21, 2006 at 6:30 p.m., In 

Building E, Assarrbly Center, 

1st Flciot, of the Ohio OeJ)artrr.nt gf Natural Assouroot, 

.204S Moree Road. CDiurrbut, Otllo. . 

All lnttreatad JllllliOfll «0 

entitled to attend or bo 

reptoNnted at the hearlrl; and 

give V«it!en or oral COft'll'l'ltiln 

on these rule changea, Aft oral 

OOITn'lenta pn~eented at the 

1\ooring, and aU witten etatemlllta eubmiHed at the hearing or by the close of bualnen on Aprl 22, 2005, vAll be oortaldsred by Ohio EPA prior to final actlan on thlt rule. Written 

ataliiiT&nta aubnitted after 

April 22. 2005, ITliiY be c:ono .toidelvd aa Una and ~roumatances pe!l"rit, but Yo.il nat 

bt part 01 lha olflcllll mord or 

tht heamg. - Than rules • are IMlflabla on 

The Will) page for elaotronic 

~8 by olleklng 01'1 "18" ~tiont• under tho "topicS" 

ctrop.down box. The UR. Ia; 

http:f/WIYN.eptutate.ah. ual 

dapc/reg~roge. hunt 

Questions regan:llng IICC98Blng 

the web site should be direcled 

to Arunee Nian"larb et 

B14-72&-1342; other queetians 

or oorrmenta about tho~aa I'Ul8B 

shol.lld be dintcled to Flilck Car· 

leakl at Ohio EPA. 

(614) 72&-1742, 

rick.catleoki0epa.atale.oh,l.l8, 

or melled to Richard J, CQro 

leskl, Ohio EPA. Division ol Air 

Pollution Control, laz!IPIJ8 

G-;.vemment Centft, P.O. Box 

1049, Columbus, Olllo 

ol.l!nG-1049. 

Mer. 18, 200S-1T-FI'I. 

7403735251 MARIETTA TIMES PAGE 02 ·-'""·---· 
THE STATE OF OHIO 

Mahoning County } Proof Of Publication 

APR 1 1 2005 

Personally appeared before the undersigned authority, Julie Popovich 

of THE VINDICATOR PRINTING COMPANY, publishers of THE VINDICATOR, 

a newspaper printed and of general circulation in Mahoning, Trumbull and 

Columbiana Counties in Ohio and Lawrence and Mercer Counties in Pennsylvania, 

and being duly sworn, on her oath deposes and says that the notice hereto 

attached was published 1 time(s) and that insertions were as follows: 

3/18/2005; 

Advertisement. .......... $ 118.00 

Affidavit. .................. $ 2.00 

TOTAL. ................... $ 120.00 

Sworn to and subscribed before me this 4th day of April, A.D. 2005 

.lf' -I'J'-1\r~l'-.1'''~"-1'-.tr>l"'-'~-"'~"'-r-11'.1'. 

f ,,nuu,,, 

~ lf~~p~ KELLEY I. KURTZ ~ H=i'i\~·§ NOTARY PUBLIC State of Ohio 

~ ~~-i .f~~~~g My Commission ~ires June 5, 2007 'I:: ' 11 1fiU1 \\\\ 

~.r -I\I'J'-1\1'-1\r~- -I'J'~J'J'..,.....,.,.,. 

COOl ~~ ~..:: ~. o;; 

' 7'1 ; ·~ • 

. L£GAL NCmc:E 

Plbic: Nolla· ' . 

·Ohio Envronrnentil Prote:tion ~ ,,. : . "' ~ed~td ,· .• Ohio Adrnir'istr1lti Code (OAC) rUe 37.(5,.31.()3-C ~­

Nolice is t.ereby g;..n that. the Ohio &Mrcnrrii!ntal Protection Agency, . DMsion d IW Po1ution COntrol 

(OAPC) propooes to amend Ohio Administrntioil ' Code 

(01\C) rull! 3745-31.()3 Permit to install exemptions! 

The arnenanent. are tJeng ~ til i1co<porate six new pemit-by-rule provisions and 1D modify sever- al permanent ~ These ivnendmeuts ,... ex.. 

:!:~ .;"""" or operators d various !)pes cl · ~ Iii polution S<Ua!s from the need 1D oblaiii a permit -tl>-insal - . • - .. . . - . -. • .• .. : .. l'lnulnt ID Section 121.39 ol the Otiio ~ c:oile, 

DAPC WIJS required to consult with interested . pi111ies 

ollected by the nile l:lel<n the division formallY pt'!>-. 

poses them. On AI9Jst 13, 2004, these rules Wiirl Out lor • 30 day l1!'¥iew . by intelesb!d parties. The di't!ctor. ~ the Ohio EPI' also grantl!d an addi1ional 30 cfa>ts re-· - period due to the II!QUI!St ol intErested piJI1los; .. . -. l'lnulnt to·Section 11!1,03 cl the Ohio ReWecf•"tro.,. a public heamg on these rule -changes wil be'"condu:ted on April 21, 2005 at 6:30 p.m., _In Building E. 

As:!embly Center, 1st Floor, d ·!he Ohio Department cl ="' Rescua!s, 2045 ~ Road, . ~¥-

PI irUiested persons ..., entitied to -attend or be" represented at the hearing and giYe written or orllf i:om- ments on these rull! dulnQes: /IJ orllf comnents p<e-

""""<1 at the hEilring. and" al ~ statements subrritted at the hearing or ""' the dose cl ~ on Apri 22, 2005, wl be~ by Ohio EPA · ·to 

altor 

flnaj action 

Aprl 22, 

on 2005, !his rule. 

may Written be considered staleme"1ts as ~ time and :';::r'd' ~but ..... not be part c1 the elf~ 

These nJes are avaiotile en the Web age lor electiOnic 

downloadng by ciddng on •regtjations" ...clef the "!Dpia" drop-down box. The URI. . Is: 

http://www.epa.state. oh.us/dapc/regs/regs:html. 

Questions regarding accessing the web site should be directed to ,..,..,., Niam1ar6 At 614-728-1342; other 

questions or oommenlli about these rules should be directed to Rid< Cariesld at Ohio EPA, (614) 728-1742. 

rid.calleslcl (Jepo.state.oh.us, or mailed to Richord J. 

Carleslci, Ohio EPA. Division ,.; Polution Control, Laza.. 

~ ~. Cente-, P.O. Box 1049, Columbus, 

NOTARY PUBLIC 
I 

Public Notice 

Ohio Environmental 

Protection Agency Proposed Amend- ment of Ohio Administrative Code (OAC) rule 

3745-31-03 

Notice Is hereby ~lven 

~1111 -- -p·;:ot r~ Agency( Dlvislo Air ~..

~,

. !" P_OO!III.!'!!Q.!!Utl "'ontrol - :_ proposes to 

- amend Ohio Administrative Code (OAC) rule 

3745-31-03 Permit to Install exemptions. The 

amendments are being proposed to Incorporate six new permit-by-rule provisions end to modi- . tv several permanent 

I 

exemptions. These 

amendments will ex- . / empt owners Of" opere- tors of varlol.IS types of 

I ~y:;e~:1r~ :~:ll: need to obtain a permit- · to-Install 

Pursuant to Section 

121.39 of the Ohio Revised Code, DAPC was required to consult wfth 

Interested parties af- fected by thfJ rule before the dtvlslon formally proposes them. On 

Aug. 13. 2004, these rules , -nt oUt for II 31k!ey re- · view bY Interested par- ties. The dlrectOf" of the 

Ohio EPA also granted an additional ao;Gay re- view perloc;l due to the 

request ot Interested 

parties. 

Pursuant to Section 

119.03 of the Ohio Revised Code, a public hearing on these rule che~ will be conduct-• ed on APril 21, 20115, at ' 

6:30 p.m., In Building Et : 

,Assembly Center, 1ST · Floor, of the Ohio De- : · pertment of Natural Re- . sources. 2045 Morse Rd.. . Columbtls. Ohio. : All Interested persons are entitled to attend Of" 

. be represented at the 

hearing and give writ-

' ten or oral comments on n- rule changes. All 

oral comments present- . ed etthehellrtng,and all ·written statements sub1 

mltted at the heflrtng or by the close of business 

~~~~~ Prior to final action on 1 this rule. Written statements submitted after 

April 22. 2005L. will be : cOnsidered bv unlo EPA ~ 

Prior to final ectlon on . this rule. Written state- ' 

ments submitted after 

April 22. 2005, may be · considered as time end 

circumstances permlt1 but will not be part or the official record of the 

hearing. 

These rules are available on the Web page for electronic down-

.loadlng by clicking on :"regulations" under the :"topics" drop-down :box. the URL Is ·! bttp:/ /m.epa.state.ob.us/ ·!~/~ : Questions regardlrnJ accessing the Web site .. should be directed to Arunee Nlamlarb at 61+ : 728-13¢ other questions 

~C:Un:==lda~ocr.! ! re.."'fed to Rick Carleskl . at Ohio EPA. 614-728- : 174 

or 

~ 

mailed to Richard 

J. Carleslcl, Ohio EPA. 

Division of Air Pollution 

Control, Lazarus Gov- ttmment Center, P.O. -.>e: 1049, Columbus, ' <1216-1049. 

-[1 J:t- ,_.. - 7 .2 I '1 7 ;:.

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~g~~'?s~:} I, ... ~)_9.f::.{f2. .... /.r. .. : .... C:::J~~l. .............. , der 

THE BEACON JOURNAL PUBLISHING COMPANY, publishers of THE AKRON BEAC 

JOURNAL, o~th, say that the notice heretp~annexed has s~JUiub~hed ONE ~ 

on the .... ./ .. t. ..•••••.•..••.. day of ...... .jl.~.L ............ , 20 ......... .}, in snd paper pru 

and published in the City of Akron, County of Summit, State of Ohio, and of general 

culatl.on therein. That said newspaper had a bona-fide circulation of more than twenty

-J 

thonsand (25,000) at the time the advertisement was published, and that the price char 

in the attached bill for same does not exceed the rates charged for like amount of spact 

other advertisers who advertise in its display advertising columns . 

¢ ;;,-;;_ 

Printer's Fee ..•................ 

Affidavit ......... ;r~{ ~ 

Total ;$ .. .?. ....... · ~ Form 
141001 

03 / 17 / 2005 08 : 13 FAX 

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r\ FAJ¥ I · 

I \ I I ' / \ \ , I V 1 . GC__. 

. .... . 

::: -- . . 

. 

'FR 0 M: ~Gardenia Witherspoon •• ..-.::w ·. . 

VOICE: .~(216) 999.5259 

FAX: (216) 999.6350 

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E-MAIL: gwithers@plaind.com \ ~· : :' ~ 

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·: 
03117(2005 08:13 FAX 

Public Notice 

Ohio Environmental 

Protection Agency 

Proposed amendment of 

Ohio Administrative Code (OAC) 

rule 3745-31-03 

Notice is hereby given that the 

Ohio Environmental Protection 

Agency, Division of ~r Pollution 

Control (DAPC) proposes to 

amend Ohio Administrative Code 

(OAC) rule 3745-31-03 Permit to 

install exemptions. The amendments are being proposed to incorporate six new permit-by-rule 

provisions and to modify several -

permanent exemptions. These 

amendments wm exempt owners 

or operators of various types of 

low-emitting air pollution sources 

from the need to obtain a permitto-install. 

Pursuant to Section 121.39 of the 

Ohio Revised Code, DAPC was required to consult with interested 

parties affected by the ·rule before 

the dMsion formally proposes 

them. On August 13, 2004, these 

rules went out for a 30 day review 

by interested parties. The director 

of the Ohio EPA also granted an 

additional 30 day review period 

due to the request of interested 

parties. 

Pursuant to Section 119.03 of the 

Ohio Revised Code, a pubtic hear· 

ing on these rule changes will be 

conducted on April 2, , 2005 at 

6:30 p.m .• in Building E. Assembly 

Center, 1st Floor, of the Ohio Department _of .. l'iatural- R~ource~ __ _ 

2045 Morse Road, Columbus, 

Ohio. 

All interested persons are entitled 

to attend or be represented at the 

hearing and give written or oral 

comments on these ru'e changes. 

All oral comments presented at 

the hearing, and all written statements submitted at the hearing or 

by the close of business on April 

f4J 002 

.. • • • - • - .- • -. - 0 ~ • -- . -· - --- • .a.• - · 
un1o 1=1"' A pnor to nna1 act1on on 

this rule. Written statements submitted after April 22, 2005, may be 

considered as time and circumstances permit, but will not be part 

of the official record of the hearing. 

These rules are avanable on the 

Web page for electronic 

downloading by clicking on -regulations• under the • topics• dropdown box. The URL is: 

http://www.epa.state.oh.us/dapc/r 

egs/regs.html. Questions regarding accessing the web site should 

be directed to Arunee Niarnlarb at 

614-728-1342; other questions or 

comments about these rules 

should be directed to 

Rick Garleski at Ohio EPA, 

{61 4) 728-17 42, 

rick.carleski@epa.state.oh.us, or 

mailed to Richard J. Carlesl<i, Ohio 

EPA, DMsion Air Pollution Control, 

Lazarus Government Center, P.O. 

Box 1049, Columbus, Ohio 4321 6-

1049. 

p.d.mar1 8,2005 821826 
Attachment D 

Notice to Secretary of State 

and Director of LSC 
The Honorable J. Kenneth Blackwell 

Secretary of s .. te 

180 E. Broad St., 15th Floor 

Col\ltnbu.,Oii 43%"15 

James w. Burley, Director 

t..glslaUve Service Comrnl .. lon 

17 Soulh High St., tth Floor 

CoiU!Nius,OH 43215 

William L. Hilla, Executive Director 

Joint Comrnltt.e on Apncy Rule ReVIew 

77 South High St., ConcOUfle uv .. 

Columbw,OH 43215 

Bruc:e Johnson, Director Dt~ent of Development 

77 South Hlgft St., 27th Flo« 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of 

the Ohio Revised Code. 

Package Number: 19377 

File Date and Time: 03/16/2005 12:59 PM 

Confirmation Number: dd7b593421 fc 7 4e62a906a5cf9bb2b21 

ORIGINAL FILE 

Rule Number Type FYR? JE Date 

3745~31-QJ Amendment N 05/20/2005 

Eff Date Next FYR Tagline 

Permit to install exemptions. 

Page 1 
The Honorable J. Kenneth Bh11ckwell 

Secrehlry ol Shl .. 

180 E. Broad St., 15th Floor 

Columbue,OH 43215 

Jamea W. Buriey, Dbector 

LeglelaUve S.rvlce commt .. lon 

17 South High St., tth Roor 

Columbue,OH 43215 

Wlftlam L. Hllls, Executive Dlr.ctor 

Joint Commltt" on Agency Rule Review 

77 South High St., Concouree Level 

Columbue,OH 43215 

Bruce Johnson, Director 

Depa r1ment of Development 

77 S outt. High Sl, 27th Floof' 

Columbue,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency revise filed the following rute(s) pursuant to section 119.03 of the 

Ohio Revised COde. 

Package Number: 19377 

File Date and Time: 04/0412005 10:23 AM 

Confirmation Number: 9713ae3cb 784a358da 1193f0 1163f8d 

REVISE 

Rule Number 

3745-31-03 

Type FYR? JE Date 

Amendment N 05/20/2005 

Eft Date Next FYR Tagllne 

Permit to install exemptions. 

Page 1 
The Honorable J. Kenneth Blackwell 

S.creltlry of Sltlte 

180 E. Broad St., 15th FloCH' 

Columbue,OH 43215 

James W. Burley, Director 

Leglsi.Uve &erW:e Corrwntwelon 

77 Soulh High Sl, 8th Floor 

Columbu.,OH 43215 

William L. Hills, EJ~ecutlve Director 

Joint CommltiM on A~ncy Rule Re\'lew 

77 South High St., Concouree Lavel 

ColumbUs,OH 43215 

Bruce Johnson, Director 

Department of Development 

77 South High Sl, 27th Floor 

Cotumbue,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency revise filed the following rule(s) pursuant to section 119.03 of the 

Ohio Revised Code. 

Package Number: 19377 

File Date and Time: 04/13/2005 02:08PM 

Confirmation Number: c 19c8a32d44b4 7 e 1257f4d6097 c62f92 

REVISE 

Rule Number Type FYR? JE Date Eft Date Next FYR Tagllne 

3745-31..03 Amendment N 05/20/2005 Permit to install exemptions. 

Page 1 
Attachment E 

RSFAs 
ACTION: Revised DATE: 04/13/2005 2:08PM 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection A~:ency 

Agency Name 

Division of Air Pollution Control CDAPC) 

Division 

Rick Carleski 

Contact 

Lazarus Government Center 122 S. Front St 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

3745-31-03 

Rule Number 

AMENDMENT 

TYPE of rule filing 

614-644-2270 

Phone 

Rule Title!Tag Line Permit to install exemptions. 

RULE SUMMARY 

614-644-3681 

Fax 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: ORC 3704.03 

5. Statute(s) the rule, as filed, amplifies 

or implements: ORC 3704.03 

6. State the reason(s) for proposing (i.e., why are you filing,) this rule: 

The Ohio EPA, Division of Air Pollution Control (DAPC) has proposed this rule 

amendment to incorporate six new permit-by-rule (PBR) provisions into Ohio's air 

pollution new source review rules. These rules will allow for the exemption from 

the need to obtain a permit-to-install for various types of sources. Although a 

source-specific permit-to-install will not be required for qualifying sources, these 

same sources will continue to be required to comply with any air pollution 

rule-based emission limits and requirements. 

7. If the rule is an AMENDMENT, then summarize the changes and the content 
Page 2 Rule Number: 3745-31-03 

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, 

then summarize the content of the rule: 

The amendments to the rule will add PBR provisions for auto body refinishing 

facilities, gasoline dispensing facilities with Stage I controls, gasoline dispensing 

facilities with Stage I and IT controls, natural gas-fired boilers and heaters, small 

printing facilities, and mid-size printing facilities. In addition, the permanent 

exemption for storage tanks is being revised to include larger tanks, and some 

minor corrections/clarifications are being made to other categories of permanent 

exemptions. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.7 4 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

This rule also contains references to the Code of Federal Regulations (CFR) and 

federal Acts. These rules and Acts are generally available through libraries, Ohio 

EPA and U.S. EPA websites. CFR and Act references have also been dated to 

reference the specific version of the rules. ORC 121.75 (D) exempts such 

references from the requirements ofORC 121.71 through 121.74. 

The rule also contains references to CARB certification requirements used to 

determine the performance of control equipment and analytical test methods used to 

determine parameters for materials subject to this rule or other materials utilized by 

regulators and impacted parties to determine or achieve compliance with these 

rules. These certification requirements and test methods and materials are 

commonly known and utilized by facilities and laboratories performing this type of 

work. Copies of these materials are available in libraries and the website for CARB 

and USEPA. 

Referenced materials are cited, dated and availability noted in rule OAC 

3745-31-01. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 
Page 3 Rule Number: 3745-31-03 

an explanation of why filing the text or other material electronically was 

infeasible: 

not applicable 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

REVISED 4/13/05 

1. Permanent storage tank exemption: As stated in paragraph (A)(1)(l)(iv) of the 

proposed rule, the reference to "paragraph (R) of rule 3745-21-09 ofthe 

Administrative Code" has been changed to read "paragraph (P) of rule 3745-21-09 

of the Administrative Code". 

The reason for the correction is to correct a typographical error. The exemption 

should reference the requirements for bulk gasoline plants specified by paragraph 

(P) ofOAC 3745-21-09.1t incorrectly referenced paragraph(R) which relates to 

stage I controls at gasoline dispensing facilities. 

2. Corrected typo in paragraph (AX4)(h)(iii)(a): The paragraph stated "The owner 

or operator of the facility shall repair within fifteen days any leak from the vapor 

balance fifteenstem or vapor control system which is employed to meet the 

requirements." The typo was contained in the reference to "fifteenstem". This was 

changed to read "system." 

3. Corrected typo in paragraph (A)(4)(j)(i) comment: "Supart" was changed to 

· "Subpart." 

4. Corrected typo in paragraph (A)( 4)(g)(iii)(a): "maintenence" was changed to 

"maintenance." 

5. There will also be noticeable formatting (e.g. numbering) corrections made to the 

document. Errors were identified after filing by the Legislative Service 

Commission. The errors were due to a software glitch and the Legislative Service 

Commission made the appropriate corrections to the format themselves. These 

changes in no way affected the content/intent of the rule itself. 

I st REVISION 

The rule is being revised to correct an error in the original responses to questions 4 
Page4 Rule Number: 3745-31-03 

and 5 in the RS/FA. ORC 3745.05 was deleted from the response to both questions. 

This change will be reflected in the supplemental information located at the end of 

the rule. No change to the content of the body of the rule was made. 

12. 119.032 Rule Review Date: 5/3112006 

(If the rule is not exempt and you answered NO to question No. 1, provide the 

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANAL YS/S 

13. Estimate the total amount by which this proposed rule would increase 

/decrease either revenues /expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will decrease expenditures. 

$350,000 

It was difficult to estimate the actual impact of the rule amendments since the new 

permit-by-rule provisions are an option for businesses, and are not mandated. 

We believe, overall, there will be a net decrease in expenditures to the Agency. 

While revenues will decrease due to the loss of permit-to-install fees for these 

sources, the expenditures should also decrease two-fold due to staff no longer 

needing to review, draft, and issue these permits. 

Typically, the fees generated for a permit-to-install only covered half of the cost 

associated with issuing the permit. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not applicable. This will actually decrease expenditures. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 
PageS Rule Number: 3745-31-03 

information/estimated costs, e.g. industry, CFR, internal/agency: 

The rule will likely result in a cost savings to Ohio businesses, in general, as no 

permit fees will be required and it will not be necessary for businesses to expend 

resources during the application process. 

16. Does this rule have a fiscal effect on school districts, counties, townships, or 

municipal corporations? No 

17. Does this rule deal with environmental protection or contain a component 

dealing with environmental protection as defined in R. C. 121.39? Yes 

You must complete the Environmental rule Adoption/ Amendment Form in order to 

comply with Am. Sub. 106 of the 12lst General Assembly. 
ACTION: Revised DATE: 04/13/2005 2:08PM 

Page E-1 Rule Number: 3745-31-03 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

( 1) Consult with organizations that represent political subdivisions, environmental 

interests, business interests, and other persons affected by the proposed rule or 

amendment. 

(2) Consider documentation relevant to the need for, the environmental benefits or 

consequences of, other benefits of, and the technological feasibility of the 

proposed rule or rule amendment. 

(3) Specifically identify whether the proposed rule or rule amendment is being adopted 

or amended to enable the state to obtain or maintain approval to administer and 

enforce a federal environmental law or to participate in a federal environmental 

program, whether the proposed rule or rule amendment is more stringent than its 

federal counterpart, and, if the proposed rule or rule amendment is more 

stringent, the rationale for not incorporating its federal counterpart. 

(4) Include with the proposed rule or rule amendment and rule summary and fiscal 

analysis required to be filed with the Joint Committee on Agency Rule Review 

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

interests, business interests, and other persons affected by the proposed 

rule or amendment consulted ? Yes 

Please list each contact. 

Available upon request 

(B) Was documentation that is relevant to the need for, the environmental 

benefits or consequences of, other benefits of, and the technological 

feasibility of the proposed rule or amendment considered ? Yes 

Please list the information provided and attach a copy of each piece of 

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED 

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

"Potential to Emit (PTE) Guidance for Speciic Source Categories, April14, 1998", 

United States Environmental Protection Agency. 

Ohio EPA, Division of Air Pollution Control Permit-to-install database, 2000-2003. 
Page E-2 

40 CFR Part 60, Subpart De 

40 CFR Part 60, Subpart Kb 

Rule Number: 3745-31-03 

Ohio Administrative Code Chapters 15, 17, 18, 21, 23, 31, 35 

"Compilation of Air Pollutant Emission Factors (AP-42)", United States 

Environmental Protection Agency. 

Permit-by-Rule Proposals from Industry: Automotive Services Association, 

McDermott Technology, Inc., The Printing Industry Association serving Northern 

Kentucky and Ohio (PIANKO), The Ohio Petroleum CounciVOhio Petroleum 

Marketers and Convenience Store Association (OPC/OPCMA) 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? No 

Is the proposed rule or rule amendment more stringent than its federal 

counterpart? No 

(D) If this is a rule amendment that is being adopted under a state statute that 

establishes standards with which the amendment is to comply, is the 

proposed rule amendment more stringent than the rule that it is proposing 

to amend? No 

Not Applicable 
Attachment F 

· Public Hearing Notice 
ACTION: Original DATE: 03116/2005 12:59 PM 

Public Notice 

Ohio Environmental Protection Agency 

Proposed amendment of 

Ohio Administrative Code (OAC) rule 3745-31-03 

Notice is hereby given that the Ohio Environmental Protection Agency, Division of Air 

Pollution Control (DAPC) proposes to amend Ohio Administrative Code (OAC) rule 37 45 -

31- 03 Permit to install exemptions. The amendments are being proposed to incorporate 

six new permit-by-rule provisions and to modify several permanent exemptions. These 

amendments will exempt owners or operators of various types of low-emitting air pollution 

sources from the need to obtain a permit-to-install. 

Pursuant to Section 121 .39 of the Ohio Revised Code, DAPC was required to consult with 

interested parties affected by the rule before the division formally proposes them. On 

August 13, 2004, these rules went out for a 30 day review by interested parties. The 

director of the Ohio EPA also granted an additional30 day review period due to the request 

of interested parties. 

Pursuant to Section 119.03 of the Ohio Revised Code, a public hearing on these rule 

changes will be conducted on April 21, 2005 at 6:30p.m., in Building E, Assembly Center, 

1st Floor, of the Ohio Department of Natural Resources, 2045 Morse Road, Columbus, 

Ohio. 

All interested persons are entitled to attend or be represented at the hearing and give 

written or oral comments on these rule changes. All oral comments presented at the 

hearing, and all written statements submitted at the hearing or by the close of business on 

April 22, 2005, will be considered by Ohio EPA prior to final action on this rule. Written 

statements submitted after April 22, 2005, may be considered as time and circumstances 

permit, but will not be part of the official record of the hearing. 

These rules are available on the Web page for electronic downloading by clicking on 

"regulations" under the " topics· drop-down box. The URL is: 

http:/lwww.epa.state.oh.us/dapc/regs/regs.htrnl. Questions regarding accessing the web 

site should be directed to Arunee Niamlarb at 614-728-1342; other questions or comments 

about these rules should be directed to Rick Carleski at Ohio EPA, (614) 728-1742, 

rick.carleski@epa.state.oh.us, or mailed to Richard J. Carleski, Ohio EPA, Division Air 

Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216-

1049. 
Attachment G 

JCARR Agenda 
JOINT COMl\UTTEE ON AGENCY RULE REVIEW 

Agenda - 5/9/2005 - 1 :30 P.M. 

STATE HOUSE HEARING ROOM 121 

FINAL AGENDA 

~ : .... -'~~ii .. '· _.,.,..~ '~·>_ .. ,. : ... ;' · 

·... . · . . . • ·.. . .l 

'·,~~ . ' . . . .. <-

FINAL AGENDA 

. 0: • 

Consent 

1 Department of Agriculture. Dairy 

Total Rules: 1 Original Filing Date: 3/21/2005 Date Of Original Filing: 3/21/2005 Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Rule Type Action FYR? Rule Number Rule Title 

New Rule Original Filing 901 :11-6-06 Dealer's Records. 

2 Department of Agriculture • Dairy 

3 

Total Rules: 12 Original Filing Date: 3/21/2005 

AuleT~e Action FYR? Rule Number 

New Rule Original Filing 901:11-4-01 

New Rule Original Filing 901 :11·4-02 

New Rule Original Filing 901 : 11-4-03 

New Rule Original Filing 901: 11·4-05 

New Rule Original Filing 901:11·4·06 

New Rule Original Filing 901:11-4-07 

New Rule Original Filing 901:11-4-08 

New Rule Original Filing 901: 11-4·09 

New Rule Original Filing 901:11-4-10 

New Rule Original Filing 901:11-4-11 

New Rule Original Filing 901:11-4-12 

New Rule Original Filing 901:11-4-13 

Total Rules: 1 Original Filing Date: 3/21/2005 

Rule Ty12e Action FYR? Rule Number 

New Rule Revised Filing 901:11-4-04 

Department of Agriculture • Dairy 

Date Of Original Filing: 3/21/2005 

Rule Title 

Definitions. 

Licensing. 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Procedures and Prohibitions. 

Construction. 

Cleaning and Sanitizing of Containers and Equipment. 

Weighing. 

Sampling. 

Protection from Contamination. 

Transferring: Emptying Farm Bulk Milk Tanks; Partial Pickups. 

Identification. 

Testing Methods for Milkfat. 

Personnel Cleanliness. 

Date Of Revised Filing: 3/29/2005 

Rule Title 

Jurisdiction Ends: 5/25/2005 Puullc Hearing: 4/26/2005 

Inspection of Milk Haulers and Weigher. Sampler. or Testers. 

·-• -- --,... •• .., •·. •- ""• ·- -• 1""'\----··--- I -·~ ... r ... 1""'-t •• .._,._,u .. f"'lh;~ A".l'Ji/: • 1&:1.A~ A&:IZ AllOt: • o,.,_, 'f .~:tnl~/lf'll::. 
t 

FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. 

STATE HOUSE HEARING ROOM 121 

FINAL AGENDA 

Total Rules: 10 Original Filing Date: 3/21/2005 Date Of Original Filing: 3/21/2005 

Rule Title 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Rule Ty!;!e Action FYR? Rule Number 

New Rule Original Filing 901:11-3-01 

New Rule Original Filing 901 :11-3-02 

New Rule Original Filing 901:11-3-04 

New Rule Original Filing 901 :11-3-05 

New Rule Original Filing 901 :11-3-06 

New Rule Original Filing 901:11-3-07 

New Rule Original Filing 901:11-3-08 

New Rule Original Filing 901:11-3-09 

New Rule Original Filing 901:11-3-10 

New Rule Original Filing 901 :11-3-11 

Total Rules: 1 Original Filing Date: 3/21/2005 

Rule Ty!;!e Action FYR? Rule Number 

New Rule Revised Filing 901:11-3-03 

De(;!artment of Agriculture • Dairy 

Total Rules: 20 Original Filing Date: 3/21/2005 

Rule TYQe Action FYR? Rule Number 

New Rule Original Filing 901:11-2-01 

New Rule Original Filing 901:11-2-02 

New Rule Original Filing 901:11-2-03 

New Rule Original Filing 901:11-2-04 

New Rule Original Filing 901:11-2-05 

New Rule Original Filing 901:11-2-06 

New Rule Original Filing 901:11-2-07 

New Rule Original Filing 901:11-2-08 

New Rule Original Filing 901:11-2-09 

New Rule Original Filing 901:11-2-10 

New Rule Original Fi!ing 901:11-2-12 

New Rule Original Filing 901:11-2-13 

New Rule Original Filing 901:11-2-14 

New Rule Original Filing 901:11-2-15 

New Rule Original Filing 901:11-2-16 

Definitions. 

Standard of Identity. 

Chemical, Bacteriological and Temperature Standards. 

Pasteurization. 

Hazard Analysis and Critical Control Point Plan. 

Corrective Actions. 

Verification. 

Records. 

Sanitation Control Procedures. 

Training. 

Date Of Revised Filing: 3/29/2005 

Rule Title 

Frozen Dessert Labeling. 

Date Of Original Filing: 3/21/2005 

Rule Title 

Definitions. 

Quality Requirements. 

Bacterial Count. 

Somatic Cell Count. 

Drug Residue Level. 

Radionuclides. 

Pesticide and Herbicide. 

Added Water. 

Health of Herd. 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Milking Facility and Housing. 

Cooling. 

Milkhouse or Milkroom. 

Farm Chemicals and Animal Drugs. 

Utensils and Equipment. 

Water Supply. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • Paqe 2 • 5/9/2005 
5 

FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVffiW 

5/9/2005 • 1:30 P.M. FINAL AGENDA 

New Rule 

New Rule 

New Rule 

New Rule 

New Rule 

Total Rules: 1 

Rule Type 

New Rule 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

901:11-2-17 

901:11-2-18 

901:11-2-19 

901:11-2-20 

901:11-2-21 

Original Filing Date: 3/21/2005 

Action FYR? Rule Number 

Revised Filing 901:11-2-11 

De~artment of Agriculture • Dairy 

Total Rules: 26 Original Filing Date: 3/21/2005 

Rule T:tQe Action FYR? Rule Number 

New Rule Original Filing 901:11-1-60 

New Rule Original Filing 901:11-1-61 

New Rule Original Filing 901:11-1-62 

New Rule Original Filing 901:11-1-64 

New Rule Original Filing 901:11-1-65 

New Rule Original Filing 901:11-1-66 

New Rule Original Filing 901:11-1-67 

New Rule Original Filing 901:11-1-68 

New Rule Original Filing 901:11-1-69 

New Rule Original Filing 901 :11-1-70 

New Rule Original Filing 901:11-1-71 

New Rule Original Filing 901:11-1-72 

New Rule Original Filing 901:11-1-73 

New Rule Original Filing 901:11-1-74 

New Rule Original Filing 901:11-1-75 

New Rule Original Filing 901:11-1-76 

New Rule Original Filing 901:11-1-77 

New Rule Original Filing 901 :11-1-78 

New Rule Original Filing 901:11-1-79 

New Rule Original Filing 901:11-1-80 

New Rule Original Filing 901:11-1-81 

STATE HOUSE HEARING ROOM 121 

Sewage Disposal. 

Qualifications for Farm License or Registration. 

Premises of Milk Plants. 

Buildings. 

Facilities. 

Date Of Revised Filing: 3/29/2005 

Rule Title 

Milking Procedure. 

Date Of Original Filing: 3/21/2005 

Rule Title 

Definitions. 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Interpretation of Adjectives and Adverbs. 

Adulterated or Misbranded Whey~ Condensed, and Dry Milk Products. 

Labeling. 

Inspection of Condensing and Drying Plants. 

Examination of Whey, Condensed, and Dry Milk Products. 

Standards for Milk, Milk Products, Whey, Condensed, and Dry Mill< Products. 

Sanitation Requirements for Milk Tank Truck Cleaning and Sanitizing Facilities. 

Milk Plant Construction. 

Toilet; Sewage Disposal; Water Supply. 

Hand-Washing Facilities. 

Milk Plant Cleanliness. 

Sanitary Piping. 

Construction and Repair of Containers and Equipment. 

Cleaning and Sanitizing of Containers and Equipment. 

Storage of Cleaned Containers and Equipment; and Storage of Single-Service 

Containers, Utensils, and Materials. 

Protection From Contamination. 

Pasteurization. 

Cooling, Packaging, and Container Filing. 

Container Closure, Sealing, and Storage. 

Personnel; Cleanliness. 
FINAL AGENDA 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

Department of Agriculture • Dairy 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. 

STATE HOUSE HEARING ROOM 121 

Vehicles. 

Surroundings. 

Reciprocity. 

FINAL AGENDA 

901:11-1-82 

901:11-1-83 

901:11-1-84 

901 :11-1-85 

901:11-1-86 

Submission of Plans for Alterations or New Condensing Plants and Drying Plants. 

Personnel Health; Procedure when Infection or High Risk of Infection is Discovered. 

Total Rules: 23 Original Filing Date: 3/21/2005 Date Of Original Filing: 3/21/2005 

Rule Title 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Rule Tn2e Action FYR? 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

Department of Agriculture • Food Safety 

Rule Number 

901:11-2-22 

901:11-2-23 

901:11-2-24 

901:11-2-25 

901:11-2-26 

901:11-2-27 

901:11-2-28 

901:11-2-29 

901 :11-2-30 

901:11-2-31 

901:11-2-32 

901:11-2-33 

901:11-2-34 

901:11-2-35 

901:11-2-36 

901:11-2-37 

901:11-2-38 

901:11-2-39 

901:11-2-40 

901:11-2-41 

901:11-2-42 

901:11-2-43 

901:11-2-44 

Equipment and Utensils. 

Protection and Transport of Raw Milk and Cream. 

Raw Product Storage. 

Quality, Composition and Wholesomeness. 

Pasteurization, Sterilization and Cooking. 

Cleaning and Sanitizing Treatment. 

Packaging and General Information. 

Storage of Finished Products. 

Drying. 

Cooling Dry Products. 

Requirements for Instant Nonfat Dry Milk. 

Coolers and Freezers. 

Starter Room. 

Make Room. 

General Construction, Repair, and Installation. 

Whey Disposal. 

Operations and Operating Procedures. 

Plant Records. 

Insect and Rodent Control Program. 

Clothing and Shoe Covers. 

Labeling. 

Personnel Cleanliness. 

~ersonnel Health. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • Page 4 • 519/2005 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. FINAL AGENDA 

Total Rules: 26 Original Filing Date: 3/21/2005 

Rule T~12e Action FYR? Rule Number 

Rescission Original Filing FYR 901:3-10-60 

Rescission Original Filing FYR 901:3-10-61 

Rescission Original Filing FYR 901 :3-10-62 

Rescission Original Filing FYR 901:3-10-64 

Rescission Original Filing FYR 901 :3-1 0-65 

Rescission Original Filing FYR 901:3-10-66 

Rescission Original Filing FYR 901:3-10-67 

Rescission Original Filing FYR 901:3-10-68 

Rescission Original Filing FYR 901:3-10-69 

Rescission Original Filing FYR 901 :3-1 0" 70 

Rescission Original Filing FYR 901:3-10-71 

Rescission Original Filing FYR 901 :3-10-72 

Rescission Original Filing FYR 901:3-10-73 

Rescission Original Filing FYR 901:3-10-74 

Rescission Original Filing FYR 901:3-10-75 

Rescission Original Filing FYR 901 :3-10-76 

Rescission Original Filing FYR 901:3-10-77 

Rescission Original Filing FYR 901 :3-1 0-7l) 

Rescission Original Filing FYR 901 :3-1 0-79 

Rescission Original Filing FYR 901 :3-10-80 

Rescission Original Filing FYR 901:3-10-81 

Rescission Original Filing FYR 901 :3-1 0-82 

Rescission Original Filing FYR 901 :3-10-83 

Rescission Original Filing FYR 901:3-10-84 

Rescission Original Filing FYR 901 :3-10-85 

Rescission Original Filing FYR 901 :3-10-86 

8 Department of Agriculture • Food Safety 

Total Rules: 22 Original Filing Date: 3/21/2005 

Rule T~12e 

Rescission 

Action 

Original Filing 

FYR? 

FYR 

Rule Number 

901 :3-12-01 

STATE HOUSE HEARING ROOM 121 

Date Of Original Filing: 3/21/2005 

Rule Title 

Definitions. 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Interpretation Of Adjectives And Adverbs. 

Adulterated Or Misbranded Whey, Condensed, And Dry Milk Products. 

Labeling. 

Inspection Of Condensing And Drying Plants. 

Examination Of Whey, Condensed, And Dry Milk Products. 

Standards For Milk, Milk Products, Whey, Condensed, And Dry Milk Products. 

Sanitation Requirements For Milk Tank Truck Cleaning And Sanitizing Facilities. 

Milk Plant Construction. 

Toilet; Sewage Disposal; Water Supply. 

Hand-Washing Facilities. 

Milk Plant Cleanliness. 

Sanitary Piping. 

Construction And Repair Of Containers And Equipment. 

Cleaning And Sanitizing Of Containers And Equipment. 

Storage Of Cleaned Containers And Equipment; And Storage Of Single-Service 

Containers, Utensils, And Materials. 

Protection From Contamination. 

Pasteurization. 

Cooling, Packaging, And Container Filling. 

Container Closure, Sealing, And Storage. 

Personnel; Cleanliness. 

Vehicles. 

Surroundings. 

Reciprocity. 

Submission Of Plans For Alterations Or New Condensing Plants And Drying Plants. 

Personnel Health; Procedure When Infection Or High Risk Of Infection Is Discovered. 

Date Of Original Filing: 3/21/2005 

Rule Title 

Definitions. 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

·~ ......... ~~ "-· •• L '"-'-<'•---·- r-~"~~ .. ~ ... ,.. I "' '""'. rrol .. rnhrrc nhin d'~?1 ~ •lfi1dl4fifi-dnRfi. P::~nA Fi • .'=i/CII?nn.t:; 
FI~AL AGENDA 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

ResGission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

t Department of Agriculture • Food Safety 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. 

STATE HOUSE HEARING ROOM 121 

901:3-12-02 Quality Retirements. 

901:3-12-03 Bacterial Count. 

901 :3-12-04 Somatic Cell Count. 

901:3-12-05 Drug Residue Level. 

901:3-12-06 Radionuclides. 

901:3-12-07 Pesticides and Herbicides. 

901:3-12-08 Added Water. 

901 :3-12-09 Health of the Herd. 

901:3-12-10 Milking Facility and Housing. 

901:3-12-11 Milking Procedure. 

901:3-12-12 Cooling. 

901:3-12-13 Milkhouse or Milkroom. 

901:3-12-14 Farm Chemicals and Animal Drugs. 

901:3-12-15 Utensils and Equipment. 

901:3-12-16 Water Supply. 

901:3-12-17 Sewage Disposal. 

901:3-12-18 Qualifications for Farm License or Registration. 

901:3-12-19 Premises of Milk Plants. 

901 :3-12-20 Buildings. 

901 :3-12-21 Facilities. 

901 :3-12-22 Equipment and Utensils. 

FINAL AGENDA 

Total Rules: 22 Original Filing Date: 3/21/2005 Date Of Original Filing: 3/21/2005 

Rule Title 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Rule Tvoe Action 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

FYR? Rule Number 

FYR 901 :3-12-23 

FYR 901 :3-12-24 

FYR 901 :3-12-25 

FYR 901 :3-12-26 

FYR 901 :3-12-27 

FYR 901:3-12-28 

FYR 901:3-12-29 

FYR 901:3-12-30 

FYR 901:3-12-31 

Protection and Transport of Raw Milk and Cream. 

Raw Product Storage. 

Quality, Composition and Wholesomeness. 

Pasteurization, Sterilization and Cooking. 

Cleaning and Sanitizing Treatment. 

Packaging and General Information. 

Storage of Finished Product. 

Drying. 

Cooling Dry Products. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • Page 6 • 5/912005 
10 

11 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

FINAL AGENDA 5/9/2005- 1:30 P.M. FINAL AGENDA 

STATE HOUSE HEARING ROOM 121 

Rescission Original Filing FYR 901:3-12-32 Requirements for Instant Nonfat Dry Milk. 

Rescission Original Filing FYR 901:3-12-33 Coolers and Freezers. 

Rescission Original Filing FYR 901 :3-12-34 Starter Room. 

Rescission Original Filing FYR 901:3-12-35 Make Room. 

Rescission Original Filing FYR 901:3-12-36 General Construction, Repair, and Installation. 

Rescission Original Filing FYR 901 :3-12-37 Whey Disposal. 

Rescission Original Filing FYR 901:3-12-38 Operations and Operating Procedures. 

Rescission Original Filing FYR 901:3-12-39 Plant Records. 

Rescission Original Filing FYR 901:3-12-40 Insect and Rodent Control Program. 

Rescission Original Filing FYR 901:3-12-41 Clothing and Shoe Covers. 

Rescission Original Filing FYR 901 :3-12-42 Labeling. 

Rescission Original Filing FYR 901 :3-12-43 Personnel Cleanliness. 

Rescission Original Filing FYR 901:3-12-44 Personnel Health. 

De~artment of Agriculture • Food Safetl£ 

Total Rules: 13 Original Filing Date: 3/21/2005 Date Of Original Filing: 3/21/2005 

Rule Title 

Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Rule T~Qe Action FYR? 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

De~artment of Agriculture • Food Safetl£ 

Rule Number 

901:3-16-01 

901:3-16-02 

901 :3-16-03 

901:3-16-04 

901:3-16-05 

901:3-16-06 

901 :3-16-07 

901:3-16-08 

901 :3-16-09 

901:3-16-10 

901:3-16-11 

901:3-16-12 

901:3-16-13 

Definitions. 

Licensing. 

Procedures and Prohibitions. 

Inspection of Milk Haulers and Weigher, Sampler, or Testers. 

Construction. 

Cleaning and Sanitizing of Containers and Equipment. 

Weighing. 

Sampling. 

Protection from Contamination. 

Transferring; Emptying Farm Bulk Milk Tanks; Partial Pickups. 

Identification. 

Testing Methods for Milkfat. 

Personnel Cleanliness. 

Total Rules: 11 Original Filing Date: 3/21/2005 Date Of Original Filing: 3/21/2005 Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Rule T~Qe Action FYR? Rule Number Rule Title 

Rescission Original Filing FYR 901 :3-14-01 Definitions. 

lr.11RR 77 .C:nuth 1-/inh StmPt • (;nnr.nurse Level• Columbus. Ohio 43215 • {6141 466-4086 • Paae 7 • 5/9/2005 
12 

FINAL AGENDA 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

. Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Rescission Original Filing FYR 

Deuartment of Agriculture • Food Safetl£ 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005 • 1 :30 P.M. 

STATE HOUSE HEARING ROOM 121 

Standard of Identity. 

Frozen Dessert Labeling. 

FINAL AGENDA 

901 :3-14-02 

901:3-14-03 

901 :3-14-04 

901 :3-14-05 

901:3-14-06 

901 :3-14-07 

901 :3-14-08 

901 :3-14-09 

901:3-14-10 

901:3-14-11 

Chemical, Bacteriological and Temperature Standards. 

Pasteurization. 

Hazard Analysis and Critical Control Point Plan. 

Corrective Actions. 

Verification. 

Records. 

Sanitation Control Procedures. 

Training. 

Total Rules: 1 Original Filing Date: 3/21/2005 Date Of Original Filing: 3/21/2005 Jurisdiction Ends: 5/25/2005 Public Hearing: 4/26/2005 

Rule Type Action FYR? Rule Number Rule Title 

Rescission Original Filing FYR 901 :3-25-06 Dealer's Records. 

13 Department of Commerce. Board of Building Standards: Ohio Mechanical Code 

Total Rules: 4 

Rule Type Action 

Original Filing Date: 3/17/2005 

FYR? Rule Number 

Amendment Original Filing FYR 41 01 :2-70-27 

Amendment Original Filing FYR 4101 :2-75-98 

Rescission Original Filing FYR 4101 :2-76-26 

New Rule Revised Filing 4101:2-76-78 

Total Rules: 1 

RuleTwe 

New Rule 

Total Rules: 1 

RuleTwe 

New Rule 

Total Rules: 1 

Rule Type 

New Rule 

Original Filing Date: 3/17/2005 

Action FYR? Rule Number 

Revised Filing 4101:2-76-79 

Original Filing Date: 3/17/2005 

Action FYR? Rule Number 

Revised Filing 4101 :2-76-82 

Original Filing Date: 3/17/2005 

Action FYR? Rule Number 

Revised Filing 4101:2-76-81 

Date Of Original Filing: 3/17/2005 Jurisdiction Ends: 5/21/2005 Public Hearing: 4/22/2005 

Rule Title 

Certification of the Building Department of the City of Columbus, Ohio. 

Certification of the Building Department of Jefferson Township, Franklin County, Ohio. 

Certification of the Building Department of the Village of West Lafayette, Ohio. 

Certification of the Building Department of the Village of Harpster, Ohio. 

Date Of Revised Filing: 3/23/2005 

Rule Title 

Jurisdiction Ends: 5/21/2005 Public.Hearing: 4/22/2005 

Certification of the Building Department of the Village of Marseilles, Ohio. 

Date Of Revised Filing: 3/31/2005 

Rule Title 

Jurisdiction Ends: 5/21/2005 Public Hearing: 4/22/2005 

Certification of the Building Department of the City of Pepper Pil<e, Ohio. 

Date Of Revised Filing: 4/1/2005 

Rule Title 

Jurisdiction Ends: 5/21/2005 Public Hearing: 4/22/2005 

Certification of the Building Department of the Village of Lithopolis, Ohio. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • Page 8 • 5/9/2005 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. FINAL AGENDA 

STATE HOUSE HEARING ROOM 121 

Total Rules: 1 

Rule Type 

New Rule 

Original Filing Dat!3: 3/17/2005 

Action FYR? Rule Number 

Refiled Filing 

Date Of Refiled Filing: 4/22/2005 

Rule Title 

Jurisdiction Ends: 5/22/2005 Public Hearing: 4/22/2005 

4101 :2-76-80 

14 Department of Health • 

Total Rules: 1 

Rule Type 

New Rule 

Original Filing Date: 3/14/2005 

Action FYR? Rule Number 

Revised Filing 3701-17-13.1 

15 Department of Health • 

Certification of the Building Department of the Township of Groton, Erie County, Ohio. 

Date Of Revised Filing: 4/4/2005 

Rule Title 

Jurisdiction Ends: 5/18/2005 

Use of Advanced Practice Nurses in Nursing Homes. 

Public Hearing: 4/21/2005 

Total Rules: 4 Original Filing Date: 3/17/2005 Date Of Original Filing: 3/17/2005 Jurisdiction Ends: 5/21/2005 Public Hearing: 4/26/2005 

Rule Type Action FYR? Rule Number Rule Title 

New Rule Original Filing 3701-57-01 Definitions. 

New Rule 

New Rule 

New Rule 

Original Filing 

Original Filing 

Original Filing 

3701-57-02 

3701-57-03 

3701-57-04 

Reporting Requirements. 

Referral Services. 

Confidentiality, Research. 

16 Department of Mental Retardation and Developmental Disabilities • Community Services 

Total Rules: 4 

Rule Type 

New Rule 

New Rule 

New Rule 

New Rule 

Total Rules: 1 

Rule Type 

New Rule 

Original Filing Date: 3/23/2005 

Action FYR? Rule Number 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

5123:2-10-01 

5123:2-1 0-02 

5123:2-10-03 

5123:2-10-04 

Original Filing Date: 3/23/2005 

Action 

Refiled Filing 

FYR? Rule Number 

5123:2-9-11 

Date Of Original Filing: 3/23/2005 

Rule Title 

Jurisdiction Ends: 5/27/2005 Public Hearing: 4/25/2005 

Community Access Model Waiver- Definitions. 

Community Access Model Waiver- Eligibility Criteria for Initial and Continued 

Enrollment. 

Community Access Model Waiver- Benefit Package. 

Community Access Model Waiver- Provider Qualifications and Certification 

Standards. 

Date Of Refiled Filing: 4/29/2005 

Rule Title 

Jurisdiction Ends: 5/29/2005 Public Hearing: 4/25/2005 

HCBS Waivers- Free Choice of Provider. 

17 Department of Mental Retardation and Developmental Disabilities • Community Services 

Total Rules: 2 

Rule Type 

Rescission 

New Rule 

Original Filing Date: 3/24/2005 

Action FYR? Rule Number 

Original Filing FYR 5123:2-5-03 

Original Filing 5123:2-5-03 

18 Department of Public Safety • 

Date Of Original Filing: 3/24/2005 

Rule Title 

Jurisdiction Ends: 5/28/2005 Public Hearing: 4/26/2005 

Superintendent and Assistant Superintendent Certification Standards. 

Superintendent and Assistant Superintendent Certification Standards. 
9 

FINAL AGENDA 

JOINT COM:MITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. FINAL AGENDA 

Total Rules: 4 Original Filing Date: 3/9/2005 

Rule T~ge Action FYR? Rule Number 

Rescission Original Filing FYR 4501 -9-02 

New Rule Revised Filing 4501-9-02 

Rescission Original Filing FYR 4501-9-03 

New Rule Revised Filing 4501-9-03 

De12artment of Public Safet~ • 

Total Rules: 4 

Rule T~ge 

Original Filing Date: 3/9/2005 

FYR? Rule Number 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

FYR 4501-15-02 

FYR 4501-15-03 

FYR 4501-15-10 

FYR 4501-15-11 

STATE HOUSE HEARING ROOM 121 

Date Of Original Filing: 3/9/2005 

Rule Title 

Lights Required. 

Lights Required. 

Lights to Flash. 

Lights to Flash. 

Date Of Original Filing: 3/9/2005 

Rule Title 

Jurisdiction Ends: 5/13/2005 Public Hearing: 4/13/2005 

Jurisdiction Ends: 5/13/2005 Public Hearing: 4/13/2005 

Taillights, Registration Lights and Stop Lights. 

Reflectors. 

Directional Signals. 

Approval of Motor Vehicle Lights. 

0 Department of Public Safet~ • 

1 

Total Rules: 10 Original Filing Date: 3/9/2005 

Rule T~e Action FYR? Rule Number 

Amendment Original Filing FYR 4501-11-01 

Rescission Original Filing FYR 4501-11-02 

Amendment Original Filing FYR 4501-11-03 

Rescission Original Filing FYR 4501-11-04 

New Rule Original Filing 4501-11-04 

Rescission Original Filing FYR 4501-11-05 

New Rule Original Filing 4501-11-05 

Rescission Original Filing FYR 4501-11-06 

New Rule Original Filing 4501-11-06 

Amendment Original Filing FYR 4501-11-07 

Total Rules: 1 Original Filing Date: 3/9/2005 

Rule T~ge Action FYR? Rule Number 

New Rule Revjsed Filing 4501-11-02 

De12artment of Public Safet)£ • 

Date Of Original Filing: 3/9/2005 

Rule Title 

Jurisdiction Ends: 5/13/2005 Public Hearing: 4/13/2005 

Not Mandatory To Install Flashing Lights. 

Motor Vehicles Owned by Authorized Funeral Establishments. 

Motor Vehicles of State of Ohio or Political Sub-Division. 

Motor Vehicles of any Other Individual, Company or Group. 

Motor Vehicles of any Other Individual, Company or Group. 

Motorcycles Used as a Funeral Escort Vehicle. 

Motorcycles Used as a Funeral Escort Vehicle. 

Operation of Flashing Lights on Funeral Escort Vehicles. 

Operation of Flashing Lights on Funeral Escort Vehicles. 

Compliance with Other Laws. 

Date Of Revised Filing: 3/14/2005 

Rule Tille 

Jurisdiction Ends: 5/13/2005 Public Hearing: 4/13/2005 

Motor Vehicles Owned by Authorized Funeral Establishments. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • Page 10 • 519/2005 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. FINAL AGENDA 

STATE HOUSE HEARING ROOM 121 

Total Rules: 4 Original Filing Date: 3/9/2005 

Rule Type Action FYR? Rule Number 

Rescission Original Filing FYR 4501-17-02 

New Rule 

Rescission 

New Rule 

Original Filing 

Original Filing 

Original Filing 

FYR 

4501-17-02 

4501-17-03 

4501-17-03 

22 Department of Taxation. 

Total Rules: 1 

Rule Type 

Rescission 

Total Rules: 1 

Original Filing Date: 3/21/2005. 

Action FYR? Rule Number 

Original Filing FYR 5703-9-13 

Original Filing Date: 3/21/2005 

Rule Type Action FYR? Rule Number 

New Rule Revised Filing 5703-9-13 

Date Of Original Filing: 3/9/2005 

Rule Title 

Jurisdiction Ends: 5/13/2005 

Test Standards- Protective Helmet. 

Test Standards- Protective Helmet. 

Labeling. 

Labeling. 

Date Of Original Filing: 3/21/2005 

Rule Title 

Jurisdiction Ends: 5/25/2005 

Sales and Use Tax; Return Reporting Periods. 

Public Hearing: 4/13/2005 

Public Hearing: 

Date Of Revised Filing: 3/25/2005 Jurisdiction Ends: 5/25/2005 Public Hearing: 

Rule Title 

Sales and Use Tax; Reporting Periods. 

23 Ohio Department of Job and Family Services • Division of Medical Assistance 

Total Rules: 1 

• Rule Type 

New Rule 

Original Filing Date: 1/14/2005 

Action FYR? Rule Number 

Refiled Filing 5101:3-41-08 

Date Of Refiled Filing: 4/29/2005 

Rule Title 

Jurisdiction Ends: 5/29/2005 Public Hearing: 2/22/2005 

Free Choice of Provider Requirements for Medicaid Home and Community-Based 

Services Programs Administered by the Ohio Department of Mental Retardation and 

Developmental Disabilities. 

24 Ohio Department of Job and Family Services • Division of Medical Assistance 

Total Rules: 1 Original Filing Date: 3/24/2005 

Rule· Type Action 

New Rule Original Filing 

FYR? Rule Number 

5101:3-4-33 

Date Of Original Filing: 3/24/2005 Jurisdiction Ends: 5/28/2005 Public Hearing: 5/3/2005 

Rule Title 

Coverage of Fluoride Varnish by Non-Dental Providers. 

25 Ohio Environmental Protection Agency • Division of Air Pollution Control (DAPC) 

Total Rules: 18 Original Filing Date: 3/7/2005 

Rule Type Action FYR? Rule Number 

Amendment Original Filing FYR 3745-104-02 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

FYR 37 45-1 04-04 

FYR 37 45-1 04-05 

FYR 37 45-1 04-09 

FYR 3745-104-10 

FYR 3745-104-11 

Date Of Original Filing: 3/7/2005 

Rule Title 

Threshold Determination. 

List of Substances. 

Applicability. 

Jurisdiction Ends: 5/11/2005 Public Hearing: 4/7/2005 

Hazard Assessment: Offsite Consequence Analysis Parameters. 

Hazard Assessment: Worst-Case Release Scenario Analysis. 

Hazard Assessment: Alternative Release Scenario Analysis. 

·- .. -- -~ - - .~•- • •:-'- ro"'---4.- ,... ___ ,...,, .......... 1 ..... ,,..., .. f'nlrrn-1hr•~ rlhi" A'l?1k .tt::1Al A~~-Antu::: • O!:Jrro 11 • t:;/0/'Jflflt:; 
fiNAL AGENDA 

Amendment 

.Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

Original Filing 

FYR 

FYR 

FYR 

FYR 

FYR 

FYR 

FYR 

FYR 

FYR 

FYR 

FYR 

FYR 

JOINT COMMITTEE ON AGENCY RULE REVffiW 

5/9/2005- 1:30 P.M. fiNAL AGENDA 

3745-104-16 

37 45-104-17 

37 45-1 04-24 

37 45-1 04-25 

37 45-1 04-34 

37 45-1 04-36 

37 45-1 04-38 

37 45-104-41 

37 45-1 04-42 

37 45-1 04-49 

3745-104-52 

37 45-1 04-53 

STATE HOUSE HEARING ROOM 121 

Hazard Assessment: Five-Year Accident History. 

Program Two Prevention Program: Safety Information. 

Program Three Prevention Program: Process Safety Information. 

Program Three Prevention Program: Process Hazard Analysis. 

Program Three Prevention Program: Hot Work Permit. 

Emergency Response: Applicability. 

Risk Management Plan: Submission. 

Risk Management Plan: Executive Summary. 

Risk Management Plan: Registration. 

Risk Management Plan: Updates. 

Permit Content and Air Permitting Authority or Designated Agency Requirements. 

Fees. 

Total Rules: 1 Original Filing Date: 3/7/2005 Date Of Revised Filing: 3/8/2005 Jurisdiction Ends: 5/11/2005 Public Hearing: 4/7/2005 

Rule Tvoe Action FYR? Rule Number Rule Title 

Amendment Revised Filing FYR 37 45-104-01 Definitions. 

~6 Ohio Environmental Protection Agency • Division of Air Pollution Control (DAPC) 

Total Rules: 4 Original Filing Date: 3/8/2005 Date Of Revised Filing: 4/8/2005 

Rule Title 

Jurisdiction Ends: 5/12/2005 Public Hearing: 4/14/2005 . 

Rule TyQe Action FYR? 

New Rule Revised Filing 

New Rule Revised Filing 

New Rule Revised Filing 

New Rule Revised Filing 

Rule Number 

3745-21-13 

3745-21-14 

3745-21-15 

3745-21-16 

Control of Volatile Organic Compound Emissions from Reactors and Distillation Units 

Employed in SOCMI Chemical Production. 

Control of Volatile Organic Compound Emissions from Process Vents in Batch 

Operations. 

OAC Rule 3745-21-15 Control of Volatile Organic Compound Emissions from Wood 

Furniture Manufacturing Operations. 

OAC Rule 3745-21-16 Control of Volatile Organic Compound Emissions from 

Industrial Wastewater. 

Total Rules: 2 Original Filing Date: 3/8/2005 Date Of Refiled Filing: 4/13/2005 Jurisdiction Ends: 5/13/2005 Public Hearing: 4/14/2005 

Rule Type 

Amendment Refiled Filing 

New Rule Refiled Filing 

FYR? Rule Number Rule Title 

3745-21-01 Definitions. 

3745-21-12 Control of Volatile Organic Compound Emissions from Commercial Bakery Oven 

Facilities. 

:7 Ohio Environmental Protection Agency • Division of Air Pollution Control (DAPC) 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • Page 12 • 5/912005 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005 • 1:30 P.M. 

STATE HOUSE HEARING ROOM 121 

FINAL AGENDA 

Total Rules: 1 Original Filing Date: 3/16/2005 Date Of Revised Filing: 4/13/2005 

Rule Title 

Jurisdiction Ends: 5/20/2005 Public Hearing: 4/21/2005 

FYR? Rule Number 

3745-31 -03 Permit to Install Exemptions. 

28 Ohio Lottery Commission • 

Total Rules: 1 

Rule Type 

Original Filing Date: 3/10/2005 Date Of Original Filing: 3/1 0/2005 Jurisdiction Ends: 5/14/2005 Public Hearing: 4/12/2005 

Amendment Original Filing 

FYR? Rule Number 

3770:1-9-250 

Total Rules: 1 Original Filing Date: 3/10/2005 

Rule Tvoe Action 

Amendment Revised Filing 

29 Ohio State Medical Board • 

FYR? Rule Number 

3770:1-8-01 

Total Rules: 5 Original Filing Date: 3/25/2005 

Rule Ty12e Action FYR? Rule Number 

Amendment Revised Filing 4731-6-14 

Amendment Original Filing FYR 4731-7-01 

Amendment Original Filing FYR 4731-8-01 

Amendment Original Filing 4731-15-01 

Amendment Original Filing 4731 -19-05 

30 Public Employees Deferred Compensation Board • 

Total Rules: 3 Original Filing Date: 3/18/2005 

Rule Ty12e Action FYR? Rule Number 

Amendment Original Filing FYR 148-1-01 

Amendment Original Filing FYR 148-1-02 

Amendment Original Filing 

31 Racing Commission • 

FYR 148-1-03 

Total Rules: 1 Original Filing Date: 3/1 0/2005 

Rule Type Action 

Amendment Original Filing 

FYR? 

FYR 

Rule Number 

3769-6-60 

Rule Title 

Game Number Two Hundred Fifty. 

Date Of Revised Filing: 3/16/2005 Jurisdiction Ends: 5/14/2005 Public Hearing: 4/12/2005 

Rule Title 

Persons Entitled To Receive Prizes. 

Date Of Revised Filing: 3/25/2005 

Rule Title 

Jurisdiction Ends: 5/29/2005 Public Hearing: 5/2/2005 

Eligibility for Licensure by Examination. 

Method of Notice of Meetings. 

Personal Information Systems. 

Licensee Reporting Requirement; Exceptions. 

Duty to Refrain from Certain Procedures. 

Date Of Original Filing: 3/18/2005 

Rule Title 

Jurisdiction Ends: 5/22/2005 Public Hearing: 4/20/2005 

Ohio Public Employees Deferred Compensation Program. 

Public Notice of Meetings. 

Notice of Rules. 

Date Of Original Filing: 3/10/2005 Jurisdiction Ends: 5/14/2005 Public Hearing: 4/14/2005 

Rule Title 

Whip Restrictions. 

32 Respiratory Care Board • Home Medical Equipment Service Providers 

.Jr.ARR 77 Sm1th Hinh Stmet • Concourse Level• Columbus. Ohin 4.1?1Fi • fA141 4AA-4nRA • Pant'! 1."1 • _r:;/.Q/?nnr:; 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. FINAL AGENDA 

STATE HOUSE HEARING ROOM 121 

Total Rules: 12 Original Filing Date: 3/7/2005 

Rule Tvoe Action FYR? Rule Number 

Amendment Original Filing 4761-4-02 

Amendment Original Filing 4761·5·04 

Amendment Original Filing 4761-6-01 

Amendment Original Filing 4761-7-04 

Amendment Original Filing 4761-10-03 

Amendment Original Filing 4761-11·01 

Amendment Original Filing 4761-11-03 

Amendment Original Filing 4761-11-08 

Amendment Original Filing 4761-11-09 

Amendment Original Filing 4761-11-10 

Amendment Original Filing 4761-11-12 

Amendment Original Filing 4761-11-19 

Total Rules: 5 Original Filing Date: 3/7/2005 

Rule T~e Action FYR? Rule Number 

Amendment Revised Filing 4761-1-02 

Amendment Revised Filing 4761-2-01 

Amendment Revised Filing 4761-2-02 

Amendment Revised Filing 4761-3-01 

Amendment Revised Filing 4761-7-05 

Date Of Original Filing: 3/7/2005 

Rule Title 

Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

Monitoring of Ohio Respiratory Care Educational Programs by the Education 

Committee of the Ohio Respiratory Care Board. 

License Application Procedure. 

Limited Permit Application Procedure. 

Supervision. 

Providing Information to the Board. 

Filing of Complaints. 

Board Imposition of Penalties. 

Service. 

Computation and Extension of Time. 

Motions. 

Subpoenas for Purposes of Hearing. 

Exhibits. 

Date Of Revised Filing: 4/5/2005 

Rule Title 

Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

Notice of Board Meetings. 

Board Organization. 

Personnel. 

Definitions of Terms. 

Administration of Medications. 

3 Respiratory Care Board • Home Medical Equipment Service Providers 

Total Rules: 2 

Rule Type Action 

Original Filing Date: 3/7/2005 

FYR? Rule Number 

New Rule . Original Filing 4761:1-13-01 

New Rule 

Total Rules: 7 

Rule Type 

New Rule 

New Rule 

New Rule 

New Rule 

Original Filing 4761:1-15-02 

Original Filing Date: 3/7/2005 

Action 

Revised Filing 

Revised Filing 

Revised Filing 

Revised Filing 

FYR? Rule Number 

4761:1-3-01 

4761:1-8-01 

4761 :1-8-02 

4761:1-8-03 

Date Of Original Filing: 3/7/2005 

Rule Title 

Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

Continuing Education Standards. 

Signage. 

Date Of Revised Filing: 4/5/2005 

Rule Title 

Definition of Terms. 

Fees. 

Late Fees. 

Inspection Fees. 

Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

JCARR 77 South High Street • Concq_urse Level• Columbus, Ohio 43215 • (614) 466-4086 • Page 14 • 5/912005 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005 • 1:30 P.M. FINAL AGENDA 

New Rule 

New Rule 

New Rule 

Revised Filing 

Revised Filing 

Revised Filing 

4761:1-14-01 

4761:1 -14-02 

4761:1-15-01 

STATE HOUSE HEARING ROOM 121 

Inspection Frequency. 

Inspection Requirements. 

Advertising and Solicitation. 

34 Respiratory Care Board • Home Medical Equipment Service Providers 

Total Rules: 2 Original Filing Date: 3/7/2005 

Rule TyQe Action FYR? Rule Number 

New Rule Original Filing 4761:1-2-01 

New Rule Original Filing 4761:1-10-01 

Total Rules: 1 Original Filing Date: 3/7/2005 

Rule TyQe Action FYR? Rule Number 

New Rule Revised Filing 4761 :1 -8-04 

Total Rules: 21 Original Filing Date: 3/7/2005 

Rule TYQe Action FYR? Rule Number 

New Rule Revised Filing 4761:1-1-01 

New Rule Revised Filing 4761:1-1-02 

New Rule Revised Filing 4761:1-2-02 

New Rule Revised Filing 4761 :1-2-03 

New Rule Revised Filing 4761:1-2-04 

New Rule Revised Filing 4761:1-4-01 

New Rule Revised Filing 4761:1-5-01 

New Rule Revised Filing 4761:1-5-02 

New Rule Revised Filing 4761:1-6-01 

New Rule Revised Filing 4761:1-6-02 

New Rule Revised Filing 4761:1-6-03 

New Rule Revised Filing 4761 :1-7-01 

New Rule Revised Filing 4761 :1-7-02 

New Rule Revised Filing 4761:1-7-03 

New Rule Revised Filing 4761:1-9-01 

New Rule Revised Filing 4761:1-9-02 

New Rule Revised Filing 4761:1-9-03 

New Rule Revised Filing 4761:1-9-04 

New Rule Revised Filing 4761:1-9-05 

Date Of Original Filing: 3/7/2005 Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

Rule Title 

Board Organization. 

Filing of Complaints. 

Date Of Revised Filing: 3/18/2005 Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

Rule Title 

License and Certificate of Registration Replacement Fees. 

Date Of Revised Filing: 4/5/2005 

Rule Title 

Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

Public Hearings on Adoption, Amendment, or Rescission of Rules: Methods of Public 

Notice. 

Notice of Board Meetings. 

Personnel. 

Board Records. 

Personal Information Systems. 

Recognition of Accrediting Organizations. 

Qualifications for Licensure. 

Application Form Requirements. 

Qualifications to Obtain a Certificate of Registration. 

Application Form Requirements to Apply for a Certificate of Registration. 

License and Certificate of Registration Issuance and Display. 

Qualifications for License Renewal. 

Qualifications for Certificate of Registration Renewal. 

Lapsed License or Certificate of Registration Reinstatement Procedure. 

Standards of Practice for License Holders. 

Standard for Maintaining a Facility. 

Standard for Maintaining Equipment. 

Client Records. 

Personnel. 
FINAL AGENDA 

New Rule 

New Rule 

Revised Filing 

Revised Filing 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/9/2005 - 1 :30 P.M. 

STATE HOUSE HEARING ROOM 121 

Authority of Board Investigators. 

FINAL AGENDA 

4761:1-10-02 

4761:1-10-03 Licensees and Certificate Holders Must Comply with Investigations Conducted by the 

Board. 

5 Respiratory Care Board • Home Medical Equipment Service Providers 

Total Rules: 13 Original Filing Date: 3n/2005 

Rule T~ge Action FYR? Rule Number 

New Rule Original Filing 4761:1-11-01 

New Rule Original Filing 4761:1-11-02 

New Rule Original Filing 4761:1-12-02 

New Rule Original Filing 4761:1-12-06 

New Rule Original Filing 4761:1-12-07 

New Rule Original Filing 4761:1-12-08 

New Rule Original Filing 4761:1-12-09 

New Rule Original Filing 4761:1-12-11 

New Rule Original Filing 4761:1-12-12 

New Rule Original Filing 4761:1-12-13 

New Rule Original Filing 4761:1 -12-14 

New Rule Original Filing 4761:1-12-15 

New Rule Original Filing 4761:1-12-16 

Total Rules: 8 Original Filing Date: 3n /2005 

RuleTme Action FYR? Rule Number 

New Rule Revised Filing 4761:1-11-03 

New Rule Revised Filing 4761:1-11-04 

New Rule Revised Filing 4761:1-12-01 

New Rule Revised Filing 4761:1-12-03 

New Rule Revised Filing 4761:1-12-04 

New Rule Revised Filing 4761:1-12-05 

New Rule Revised Filing 4761:1-12-10 

New Rule Revised Filing 4761:1-12-17 

Date Of Original Filing: 3n/2005 Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

Rule Title 

Administrative Procedure for Refusal to Issue or Renew a License, Suspend, or 

Revoke a License or Impose a Fine or Other Disciplinary Action. 

Board Imposition of Penalties. 

Authority and Duties of the Board or Attorney Hearing Examiner. 

Computation and Extension of Time. 

Exchange of Documents and Witness Lists. 

Exhibits. 

Witnesses. 

Expert Testimony. 

Mileage Reimbursement and Witness Fees. 

Depositions and Transcripts of Prior Testimony. 

Continuance of Hearing. 

Reports and Recommendations. 

Transcripts. 

Date Of Revised Filing: 4/5/2005 

Rule Title 

Jurisdiction Ends: 5/11/2005 Public Hearing: 4/14/2005 

Filing a Request with the Ohio Attorney General's Office for Injunctive Relief or Civil 

Penalties. 

Other Disciplinary Action. 

Representation; Appearance; Communication; Applicability. 

Filing. 

Motions. 

Service. 

Subpoenas for Purposes of Hearing. 

Prior Action by the Board. 

To Be Refiled 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • Page 16 • 51912005 
FINAL AGENDA 

JOINTCOlVIMITTEE ON AGENCY RULE REVIEW 

5/9/2005- 1:30 P.M. FINAL AGENDA 

STATE HOUSE HEARING ROOM 121 

36 Department of Mental Retardation and Developmental Disabilities • Community Services 

Total Rules: 1 

Rule Type 

· New Rule 

Original Filing Date: 3/23/2005 

Action FYR? Rule Number 

To Be Refiled 5123:2-9-06 

Date Of To Be Refiled: 5/2/2005 

Rule Title 

Jurisdiction Ends: 

HCBS Waivers- Waiver Reimbursement Methodology. 

Public Hearing:· 4/25/2005 

37 Ohio Department of Job and Family Services • Division of Medical Assistance 

Total Rules: 6 Original Filing Date: 3/15/2005 

Rule Type Action FYR? Rule Number 

Rescission To Be Refiled FYR 5101:3-27-05 

New Rule To Be Refiled 5101:3-27-05 

New Rule To Be Refiled 5101:3-27-07 

Rescission To Be Refiled FYR 5101:3-30-04 

New Rule To Be Refiled 5101 :3-30-04 

New Rule To Be Refiled 5101:3-30-06 

Date Of To Be Refiled: 5/5/2005 Jurisdiction Ends: Public Hearing: 4/20/2005 

Rule Title 

Reimbursement. 

Reimbursement and Rate Setting for Community Mental Health Medicaid Services. 

Cost Reconciliation Requirements for Medic~id Covered Mental Health Services. 

Reimbursement. 

Reimbursement and Rate Setting for Community Medicaid Alcohol and Other Drug 

Services. 

Cost Reconciliation Requirements for Medicaid Covered Alcohol and Drug Addiction 

Services. 

38 Ohio Environmental Protection Agency • Division of Surface Water (DSW} 

Total Rules: 6 Original Filing Date: 3/18/2005 

Rule Type Action FYR? Rule Number 

Amendment To Be Reliled 3745-42-01 

Amendment To Be Refiled 3745-42-03 

New Rule To Be Refiled 3745-42-06 

New Rule To Be Refiled 3745-42-08 

New Rule To Be Refiled 3745-42-09 

New Rule To Be Refiled 3745-42-11 

Date Of To Be Refiled : 5/3/2005 Jurisdiction Ends: 

Rule Title 

Definitions. 

Requirements for Applications and Engineering Plans. 

General Permit to Install Requirements. 

General Isolation Distance Requirements. 

Filter Sand Testing and Specifications. 

Holding Tanks. 

Public Hearing: 4/20/2005 
Attachment H 

Final Adoption Notice to LSC 

Director and Secretary of 

State 
The Honorable J. Kenneth Blackwell 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

James W. Burley, Director 

Legislative Service Commlsalon 

77 South High St., 9th Floor 

Columbus,OH 432~5 

William L. Hills, Executive Director 

Joint Committee on Agency Rule Review 

77 South High Sl, Concourse Level 

Columbus,OH 43215 

Bruce Johnson, Director 

Department of Development 

77 South High Sl, 27th Floor 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 of the 

Ohio Revised Code. 

Package Number: 

File Date and Time: 

Confirmation Number: 

FINAL FILE 

Type 

19377 

07/19/2005 09:18AM 

7831a55c4286911e2b98fa08c2256 

Rule Number FYR? JE Date 

3745-31-03 Amendment N 05/20/2005 

Eff Date 

07/29/2005 

Next FYR Tagline 

Permit to install exemptions. 

Page 1 
Attachment I 

Proof of Prior Notice of 

Effective Date 
··-·· ---··--·- ··-- ·-····- -- ·· ----- - ··· -- -, ·-. --. - ·- ·-- ·-····----·---·-. 

From: Jennifer Nichols 

To: Aaron Neal; Aaron Walker; Adam Sackenheim; aDAPCRules; Aki Watanabe; AI 

Moyer; Alan Schreiner; Alexandra Yeung; Allen Ellett; Amanda Hamilton; Arnie Greene; Amy Wright; 

Andrew Eribo; Andrew kolesar; andy ruppenkamp; Anita Herington; Anthony Sloma; April Bott; Ashish 

Kumar; Barbara Ashby; Benjamen Franz; Bernard Mount; Bernie Huff; Bill Davis; Bill Habig; Bill 

Hayes; Bob Hodanbosi; Bob Lopez; Bob Niemi; Brad Johnston; Brian Duffy; Brian Galley; Brian 

Mensinger; Bruce VanScoy; Bryan Clark; Carol Hester; Carol Ray; Cathryn Allen; Cecilia; Charles E. 

Kramek; Charles Herman; Charles Storrow; Charlie Howard; Chris Korleski; Chris Suits; Christie 

Myers; Christine Pedersen; Christopher Jones; Chuck Barksdale; Cindy Hafner; Clyde Miller; Cornett, 

Bruce; D. Bingle; Dan Aleman; Dan Harris; Dan Monette; Dan Steen; Daniela Fusco; Dave Moore; 

Dave Oas; Daved Abel; David Gedeon; David J. Schmitt; David Paul; David Rockman; Dawn Miller; 

Dean Ponchak; Dean Spradlin; Debbie Hannah; Debra Reining; Dennis Bush; Dennis Dumwald; Don 

Clark; Don Hart; Don Rice; Don Waltermeyer; Don Williams; Donald T. fulkers; Dory Montazemi; 

Doug Abbott; Doug McWilliams; Drew Bergman; Duane Johnson; Dustin J. Binkman; Dwain Kincaid; 

Ed Saccoccia; Edward Kitchen; Elise Spriggs; Emily Rynders; Eric Tabor, PE; ERica Dromgoole; Erik 

Alverson; Ernest Neal; Gail Twymon; Gary Blanton; Gary Jones; Genevieve Damico; Glenn Weist; 

Greg Smith; Gregory A Clark; Gregory Smith; H. Chuck Cooper; Hal Grant; Harry Trout; Heather 

Avery; heavery@shiloh.com; Heidi Griesmer; Henry Cooke; Hope Womack; Howard Maier; Isaac 

Robinson; J.E. lllera; Jack R. Pounds; Jack Shaner; Jackie Holton; Jaime Julian; James Duane; 

James Erclauz; James Hostacky; James McDonald; James McDonald; James Mueller, PE; James R. 

Rocco; James Stouch; Janet Henry; Jason Segedy; Jeanne Mallett; Jeff Cox; Jeff Lytle; Jeffrey 

Bertacchi( ... ) 

Date: 

Subject: 

7/19/2005 9:29:59 AM 

DAPC Rulemaking: Final Permit By Rule/Exemption Amendment of OAC 3745-31-03 

Ohio EPA has adopted the amendment of Ohio Administrative Code rule 3745-31-03 to incorporate six 

new permit-by-rule provisions and to modify several permanent exemptions. The rules are effective as of 

July 29, 2005 and will be available for viewing at http://www.epa.state.oh.us/dapc/page/whatsnew.html by 

no later than July 20, 2005.:. This rule is being adopted after considering comments submitted by interested 

parties during an extended draft language comment period which closed on October 13, 2004, after 

hosting a public information session on October 5, 2004, after a public hearing held on April21 , 2005, and 

after considering comments during the proposal period closing on April 22, 2005. 

Originally t)'lis rule amendment included a new emissions threshold exemption. The emissions threshold 

exemption portion of the rule was not included in the proposed rule or the final filing so that Ohio EPA can 

continue to investigate stakeholder comments submitted during the interested party comment period. 

Additional rulemaking may occur regarding the emission threshold exemption in the future. 
DAPC News and Updates Page 7 of31 

02_85_01 -0188 Department of Public Utilities, City of Orrville, Oh 

(Renewal Permit) 

15-76-00-1799 East Ohio Gas- Robinson Station (Renewal Pen 

02-38-00-0049 Holmes Compressor Station (Renewal Permit) 

Title V Proposed 

16-77-02-0009 PPG Industries- Barberton Plant, North (Renew< 

16-77-02-0009 PPG Industries- Barberton Plant, South (Renew 

• Changes to OAC rule 3745-31-03, which include the permit-by-rule revisions, 

effecetive July 29, 2005. Please refer to the DAPC Permit-by-Rule page for nc 

fact sheet, and effective rules. 

Thursday, July 21, 2005 

• TITLE V PERMITS ISSUED 7/20/05 

Title V Draft 

03-51-00-0005 Glen Gery Corporation (Reopening Penrnit)) 

Title V Preliminary Proposed 

16-67-04-0015 Schneller inc. (Renewal Permit) 

Wednesday, July 20, 2005 

• TiTLE V PERMITS ISSUED 7/19/05 

Title V Proposed 

15_76-05

_

0866 Republic Storage Systems Company, Inc. (Rene 

Permit) 

~ Tuesday, July 19, 2005 

• Ohio EPA has adopted (public notice) the amendment of Ohio Administrative · 

31-03 to incorporate six new permit-by-rule provisions and to modify sev 

exemptions. The rules are effective as of July 29, 2005 and are available f, 

rule is being adopted after considering comments submitted by interested p 

extended draft language comment period which closed on October 13, 2 

Response to Interested Parties Comments), after hosting a public informa 

October 5, 2004, after a public hearing held on April 21, 2005, and a 

comments during the proposal period closing on April 22, 2005 (Ohio EP 

Proposed Comments). 

Friday, July 15, 2005 

• TITLE V PERMITS ISSUED 7/13/05 

Title V Draft 

02-78-06-0360 Cleveland Steel Container Corp. (Renewal Perm 

Title V Proposed 

http:/ /www.epa.state.oh. us/ dapc/page/whatsnew.html 1 0/19/?00~ 
Attachment J 

Email Notice to Interested . 

Parties 
Jennifer Nichols - DAPC Rule Making 

From: Jennifer Nichols 

To: Aaron Neal; Aaron Walker; aDAPCRules; Aki Watanabe; Alan Schreiner; Allen Ellett; 

Amy Wright; Andrew kolesar; andy ruppenkamp; Anita Herington; Anthony Sloma; April Bott; Bernie 

Huff; Bill Davis; Bill Habig; Bill Hayes; Bob Hodanbosi; Brian Duffy; Brian Galley; Bruce VanScoy; 

Bryan Clark; Carol Hester; Carol Ray; Cathryn Allen; Cecilia; Charles Herman; Charles Storrow; Chris 

Korleski; Christie Myers; Chuck Barksdale; Cindy Hafner; Cornett, Bruce; Dan Aleman; Dan Harris; 

Dan ltse; Dan Steen; Daniela Fusco; Dave Moore; David Gedeon; Dawn Miller; Dennis Bush; Dennis 

Durnwald; Don Clark; Don Waltermeyer; Donald T. fulkers; Dory Montazemi; Doug Abbott; Doug 

McWilliams; Drew Bergman; Ed Tormey; Edward Kitchen; Elise Spriggs; Eric Tabor, PE; Erik 

Alverson; Ernest Neal; Gail Twymon; Gary Jones; Greg Smith; Gregory Smith; H. Chuck Cooper; Hal 

Grant; Henry Cooke; Howard Maier; Isaac Robinson; Jack R. Pounds; Jack Shaner; Jackie Holton; 

James Duane; James Hostacky; James R. Rocco; James Stauch; Janet Henry; Jason Segedy; 

Jeanne Mallett; Jeff Cox; Jeff Lytle; Jeffrey Bertacchi; Jeffrey Bratko; Jennifer Rhoads; Jim Teitt; Jim 

Wells; Joanne Rau; Joe Gosney; Joe Koncelik; Joe Minadeo; Joe Pattok; John Funke; John Lytle; 

John McManus; John Paskevicz; Jonathan Amos; Joseph Cannon; Judy Scott; Karen Haight; Karen 

Heyob; Karen Winters; Kathy Eftimoff; Kathy Kunkel; Kathy Remias; Kathy Wiedeman; Kay Gilmer; 

Keith Eckmeyer; Ken Hardesty; Keri Powell; Kevin Flowers; Kristin Clingan; Kurt Erichsen; Kurt 

Waltzer; Lane H. Nemirow; Larry Himes; Larry Mitchell; Lawrence A. Drane Ill; Linda J. Denison; Lisa 

Morris; Louise Barton; Lysa; Maarilyn Wall; Mariah Hope; Mark Baumgardner; Mark Shanahan; 

Marlene Kromer; Marta Nelson; Martin Krentz; Martin Seltzer; Mary Beth Holley; Maureen Miller; 

Maxine Dewbury; Michaellsper; Michael Kelley; Michael Oechsler; Michael Short( ... ) 

Date: Wed, Aug 11,200410:19 AM 

Subject: DAPC Rule Making 

In accordance with ORC 119.032, DAPC is proposing to amend Ohio Administrative Code (OAC) rule 

3745-31-03 to incorporate a new emissions threshold exemption and six new permit-by-rule exemptions. 

These amendments will exempt owners or operators of various types of low-emitting air pollution sources 

from the need to obtain a permit-to-iristall. Although a source-specific permit-to-install will not be required 

for qualifying sources, these same source will continue to be required to comply with any air pollution rulebased emission limits and requirements. 

Attached, please find the draft amendments to OAC rule 3745-31-03 as well as supplemental background 

information. This rule, as well as existing OAC rule 3745-31-03, is available at 

http://www.epa.state.oh.us/dapc/reqs/reqs.html. We request that you provide us with any comments you 

may have to the changes that have been recommended by September 13, 2004. 

Please e-mail or mail your comments or suggestions to the following addresses: 

E-mail: rick.carleski@epa.state.oh.us 

Mailing address: Richard J. Carleski, P.E. 

Ohio Environmental Protection Agency, DAPC 

Lazarus Government Center 

P.O. Box 1049 

Columbus, Ohio 43216-1049 

Phone: (614) 728-1742 

Thank you, 

Robert Hodanbosi, Chief 

Division of Air Pollution Control 

Ohio Environmental Protection Agency 

CC: Joe Koncelik 

-

Page· 
Attachment K 

Interested Parties List 
Mail Envelope Properties (411A2AE3.9B4: 9: 24490) 

Subject: DAPC Rule Making 

Creation Date 

From: 

Wed, Aug 11, 2004 10:19 AM 

Jennifer Nichols 

Created By: J ennifer.Nichols@epa.state.oh.us 

Recipients 

adelphia.net 

mbmcehs (Mark Baumgardner) 

aemsconsulting.com 

muejio (Michelle Uejio) 

aep.com 

jclytle (Jeff Lytle) 

jjhenry (Janet Henry) 

jmmcmanus (John McManus) 

rurcomp.com 

al (Alan Schreiner) 

louise (Louise Barton) 

phil (Phil Billick) 

alltel.net 

hgrant (Hal Grant) 

altechenvironmental.com 

mhope (Mariah Hope) 

ameritech.net 

excell (Jeff Cox) 

amp-ohio.org 

pfrazier (Pat Frazier) 

tgadawsk (Todd Gadawski) 

anheuser-busch.com 

neal. willging (Neal Willging) 

aol.com 

garyjgatf(Gary Jones) 

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millstb (Teresa Mills) 

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attbi.com 

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