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# Appendix B
Director's Findings and Orders forthe Adoption ofthe Revised Rules, and the Associated Public Notice

## BEFORE THE OHIO ENVIRONMENTAL PROTECTION AGENCY

In the Matterof:

FINDINGS AND ORDERS 

# ( The Adoption ofAmended Rules 

## 3745-17-01, 3745-17-02, 3745-17-03, 3745-17-04, 3745-17-07, 3745-17-08, 3745-17-09,3745-17-10, 3745-17-11, 3745-17-12, 3745-17-13, and 

## 3745-17-14 and Rescission of Rule 

## 3745-17-05 ofthe Ohio Administrative Code Director's Final Findings and Orders

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### The Director of Environmental Protection, having considered in compliance with the Administrative Procedure Act the adoption, in final form, ofthe proposed amended and rescinded rules ofthe OhioAdministrative Code cited above, finds: 1. That due notice of a public hearing in this matter pursuantto the Administrative ProcedureActwas given, that a public hearing was held on October 

## 19, 2007, in Columbus, Ohio, andthatall interested personswereaffordedtheopportunitytobe heard; and 2. Thatupon dueconsideration, the adoption, infinalform, ofthe proposed amended and rescinded rulesoftheOhioAdministrativeCodecited above, is reasonableand lawful and within the purviewofauthority provided bylaw. Itistherefore ORDEREDthatamended rules

## 3745-17-01,3745-17-02,3745-17-03,3745-17-04, 3745- 17-07, 3745-17-08, 3745-17-09, 3745-17-10, 3745-17-11, 3745-17-12, 3745-17-13, and 

## 3745-17-14 oftheOhioAdministrative Code be adopted in final form, and thatrule 

## 3745- 17-05 ofthe OhioAdministrative Code be rescinded. i certifythisto

### bea true

### andaccuraIe

### copycIthe 

### ':fficial documentsasfiled inthe 

### records

### ofthe

## Ohio .nvironmentalprotection

### Agency. 

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## .' 22

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# ·-'1'-1----- Date. 

### I

### It isfurther ORDERED 

### thatthe effective date ofsaid amended rules shall be

__ 

# F_E_B_O_l_2_0_0_8_ Itisfurther ORDERED

### thatcopiesofthese Findingsand Ordersand certifiedcopiesofsaid amended and rescinded rules, in final form, shall be filed with the Secretary of State, the Joint Committee on Agency Rule Review, the Legislative Services Commission, and the Department of Development's Office ofSmall and Developing Business, as required by law. APPEAL RIGHTS 

### Notice is herebygiven thatthis action ofthe Directorisfinal and may be appealed tothe Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and setforth the action complained ofand the grounds upon which the appeal is based. The appeal must be filed with the Commissionwithinthirty(30)daysafternoticeofthe Director'saction.Theappeal mustbe accompanied byafilingfeeof$70.00whichtheCommission, in itsdiscretion, mayreduce if by affidavit you demonstrate that payment ofthe full amount of the fee would cause extreme hardship. Notice ofthe filing ofthe appeal shall befiled with the Directorwithin three (3) days offiling with the Commission. Ohio EPArequeststhatacopyofthe appeal beserved upon the OhioAttorneyGeneral'sOffice, Environmental EnforcementSection. ( An appeal may be filed with the Environmental Review Appeals Commission at the following address: Environmental ReviewAppeals Commission 309 South Fourth Street, Room 222 Columbus,OH 43215

Chris Korleski Director Ohio Environmental Protection Agency
Issued atColumbus, Ohiothis

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# State ofOhio Environmental Protection Agency Notice ofAdoption of Rules

Notice is herebygiven thatthe DirectoroftheOhio Environmental ProtectionAgencyhas performed areviewofthe ruleswithin OACChapter3745-17 (Particulate MatterStandards) primarilytosatisfy the requirements ofSection 119.032 ofthe Ohio Revised Code (ORC) fora five-year reviewand, undertheauthorityofOhio Revised Code Section 3704.03, hasadopted rescinded OAC rule3745- 17-05 and amended OAC rules3745-17-01, -02, -03, -04, -07, -08, -09, -10, -11, -12, -13, and -14. The following brieflysummarizes the revisions ofthe rules within OAC Chapter3745-17: -17-01 (Definitions.) New definitions have been added to the rule for "OEPA" or "Ohio EPA," "PM2.5," and "PM10;" and the definition for "total suspended particulates" has been deleted. Also, an incorporation-by-reference section has been added at the end of the rule to fulfill the requirements ofORC 121.72. -17-02 (Ambient airquality standards.) The current NAAQS for PM2.5 have been added to the rule. -17-03 (Measurement methods and procedures.) As a resultofthe proposed changes to paragraph (I) [for Ford MotorCompany, Cleveland Casting Plant] of rule 3745-17-12, and the proposed changes to paragraphs (B) [for Intemational Mill Service, Incorporated], (D) [forStandard Slag Company], and (E) and (F) [for Wheeling-Pittsburgh Steel Corporation] of rule 3745-17-13, the compliance method paragraphs in this rule that relate to those proposed changes have been updated. -17-04 (Compliancetime schedules.) In both paragraphs (B)(6) and (B)(7), several referencestoparagraphsin rules 3745-17-12 and -13 have been deleted because eitherthe sources addressed in the paragraphs have been permanentlyshutdown orthe paragraphsinthose rules havebeen renumbered dueto proposed changes, in which case the changed paragraph numbers have been added to paragraphs (B)(6) and (B)(7). Also, paragraph (B)(7) has been changed to referencethe paragraphswithin proposed rule 3745-17-13 that contain new, more stringent requirements and to change the compliance deadline from "April 1, 1993"to "not laterthan the effective date ofthis rule." -17-05 (Non-degradation policy.) This rule, which consists ofonlyone sentence, has been rescinded because it has been determined that the rule is no longer a necessary part ofthe State's air pollution control program. -17-07 (Control ofvisible particulate emissions from stationarysources.) Newexemptionsfrom the20%and 60% opacitylimitationshavebeen added tothis rulefor the kilns atthe Martin Marietta Magnesia Specialties, Inc. facility in Woodville. -17-08 (Restriction ofemission 

### offugitive dust.) Because the installation of MACT controls has been completed forthe blastfurnace and basicoxygen furnacesattheAKSteel Corporation's Middletown Works, the exemptions in paragraph (A)(3)(b) ofthe rule have been deleted.

# ( -17-09 (Restrictions on particulate emissions and odors from incinerators.) 

### The onlychangestothis rule involve correctionstothe citationsattheend ofthe rule ofthe amplifying and authorizing statutes. -17-10 (Restrictions on particulate emissions from fuel burning equipment.) 

### The onlychangestothis rule involvecorrectionstothe citationsatthe end ofthe rule ofthe amplifying and authorizing statutes. -17-11 (Restrictions on particulate emissions from industrial processes.) 

### New RACT requirements have been added to the rule for surface coating processes (painting operations). Anysurface coating processthatis notexempted bythis rule mustbe controlled bymeansofaparticulatefilter, waterwash, orequivalentcontrol deviceand must comply with specific work practices relating to the operation, maintenance, repair, and inspection ofthe control devices. Several exemptions have been provided in the rule for small surface coating processes. -17-12 (Additional restrictionson particulateemissionsfrom specific

### aircontaminant sources in Cuyahoga County.) 

### All thechangestoparagraph (I)addressthesourcesatthe Ford MotorCompany, Cleveland Casting Plantthat have been permanentlyshutdown and the sources that are nowbeing controlled with differentcontrol devices. -17-13 (Additional restrictionson particulateemissionsfrom specificaircontaminant sources in Jefferson County.) 

### Existing paragraphs (B) and (D) ofthis rule have been deleted because the sources at Intemational Mill Service, Incorporatedand Standard SlagCompanyhave been permanently shut down. Several ofthe sources at the Wheeling-Pittsburgh Steel Corporation facilities located in Steubenvilleand MingoJunction have been permanentlyshutdown, andthecompanyhas requested thatthe references to those sources be deleted. In addition, the company has requested that the emission limitations for several of the remaining sources at the two facilities be changed. Forsome ofthe remaining sources, the revised emission limitations are more stringentthan the existing emission limitations, and others are less stringent. -17-14 (Contingencyplan requirements forCuyahoga and Jefferson Counties.) 

### Theterm "total suspended particulates" has been deleted from this rule and replaced with "PM10." Also, because USEPA has rescinded the annual PM10 National Ambient Air Quality Standard, this rule has been revised to delete the references to the annual average ambient air concentration as a possible trigger for implementation of the contingencymeasures required in paragraph (A) ofthe rule. In additiontotheabove-mentioned changesforrules3745-17-01, -02, -03, -04, -07, -08, -11 , -12, -13 and -14, those rules also include corrections to the citations at the end of the rules ofthe amplifying and authorizing statutes. Pursuant to Section 121.39 ofthe Ohio Revised Code, the Division ofAir Pollution Control was required to consultwith interested partiesaffected bythe rules beforethe Directorformallyadopts them. On April 11, 2007, the rules went outfora 30-day review by interested parties. Pursuantto Section 119.03ofthe Ohio Revised Code, a publichearing on the rule changeswas conducted on October19, 2007, in Columbus, Ohio. Commentswere received concerningthe proposed rules, but theydid notnecessitateanychangestothe rules asproposed. The Director'sorderofadoptionwas issued onTuesday, January22,2008. Theeffectivedateofthese rules is Friday, February1,2008. To requesta copyofthe revised rules, obtain further information, or inspector request copies of Agencyfiles and records pertainingtothe proceedings, contactJamesOrlemann, attheOhio EPA, Division ofAir Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio

### (



## ( 43216-1049orcall him at614-644-3592. The revised rulesalsoareavailable ontheAgency'sweb page forelectronicdownloading. The URL is: http://.WWW.epa.state.oh.us/dapc/regs/regs.html. This action of the Director is final and may be appealed to the Environmental Review Appeals Commission ("ERAC") pursuanttoSection 3745.04oftheOhio Revised Code. Theappeal mustbe in writing and setforth the action complained ofand the grounds upon which the appeal is based. The appeal must be filed with ERACwithin thirty (30) days after notice ofthe Director's action, at 309 South Fourth Street, Suite222, Columbus, Ohio43215. Copies ofthe appeal mustbeserved upon the Directorofthe Ohio EPAwithin three (3) days offiling with ERAC. The appeal must be accompanied by a filing fee of$70.00 which the Commission, in its discretion, may reduce if by affidavityou demonstratethatpaymentofthefull amountofthefeewould causeextreme hardship. Ohio EPAalso requeststhatacopyofthe appeal be served upon the Environmental Enforcement Section ofthe OhioAttomeyGeneral's Office.

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# Appendix C ORC Sections 3704.02(A)(2) and 3704.03(A), (E), and (F)

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# 3704.02 Purposes of chapter - construction of provisions. (A) The purposes ofthis chapter are the following: (1) To protect and enhance the quality of the state's air resources so as to promote the public health, welfare, economic vitality, and productive capacity ofthe people ofthe state; (2) To enable the state, through the director of environmental protection, to adopt and maintain a program for the prevention, control, and abatement of air pollution that is consistent with the federal Clean AirAct; (3) To authorize the state to obtain financial assistance and delegation of powers from the federal governmentfor purposes ofthe prevention, control, and abatement ofair pollution. (B) This chapter, all rules adopted under it, and all permits, variances, and orders issued under it shall be construed, to the extent reasonably possible, to be consistent with the federal Clean Air Act and to promote the purposes ofthis chapter. Effective Date: 10-29-1993



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# 3704.03 Director ofenvironmental protection - powers and duties.
The director ofenvironmental protection may do any ofthe following: (A) Develop programs forthe prevention, control, and abatement of air pollution; (B) Advise, consult, contract, and cooperate with any governmental or private agency in the furtherance ofthe purposes ofthis chapter; 

### (C) Encourage, participate in, or conduct studies, investigations, and research relating to air pollution, collect and disseminate information, and conduct education and training programs relating to the causes, prevention, control, and abatement of air pollution; (D) Adopt, modify, and rescind rules prescribing ambient air quality standards for the state as a whole or for various areas of the state that are consistent with and no more stringent than the national ambient airquality standards in effect underthe federal Clean AirAct; (E) Adopt, modify, suspend, and rescind rules for the prevention, control, and abatement of air pollution, including rules prescribing for the state as a whole orfor various areas ofthe state emission standards for air contaminants, and other necessary rules for the purpose of achieving and maintaining compliance with ambient air quality standards in all areas within the state as expeditiously as practicable, but not later than any deadlines applicable under the federal Clean Air Act; rules for the prevention or control of the emission of hazardous or toxic air contaminants; rules prescribing fugitive dust limitations and standards that are related, on an areawide basis, to attainment and maintenance of ambient air quality standards; rules prescribing shade, density, or opacity limitations and standards for emissions, provided that with regard to air contaminant sources for which there are particulate matter emission standards in addition to a shade, density, or opacity rule, upon demonstration by such a source of compliance with those other standards, the shade, density, or opacity rule shall provide for establishment of a shade, density, or opacity limitation forthat source that does not require the source to reduce emissions below the level specified by those other standards; rules for the prevention or control of odors and air pollution nuisances; rules that prevent significant deterioration of air quality to the extent required by the federal Clean Air Act; rules for the protection of visibility as required by the federal Clean Air Act; and rules prescribing open burning limitations and standards. In adopting, modifying, suspending, or rescinding any such rules, the director, to the extent consistent with the federal Clean AirAct, shall hear and give consideration to evidence relating to all ofthe following: (1) Conditions calculated to result from compliance with the rules, the overall cost within this state of compliance with the rules, and their relation to benefits to the people of the state to be derived from that compliance; (2) The quantity and characteristics of air contaminants, the frequency and duration of their presence in the ambient air, and the dispersion and dilution ofthose contaminants; (3) Topography, prevailing wind directions and velocities, physical conditions, and other factors that mayor may combine to affect air pollution.



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Consistent with division (K) of section 3704.036 of the Revised Code, the director shall consider alternative emission limits proposed by the owner or operator of an air contaminant source that is subject to an emission limit established in rules adopted under this division and shall accept those alternative emission limits that the director determines to be equivalent to emission limits established in rules adopted underthis division. 

### (F)(l) Adopt, modify, suspend, and rescind rules consistent with the purposes of tl)is chapter prohibiting the location, installation, construction, or modification of any air contaminant source orany machine, equipment, device, apparatus, or physical facility intended primarily to prevent or control the emission of air contaminants unless an installation permit therefor has been obtained from the director orthe director's authorized representative. 

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(2) Applications for installation permits shall be accompanied by plans, specifications, construction schedules, and such other pertinent information and data, including data on ambient air quality impact and a demonstration of best available technology, as the director may require. Installation permits shall be issued for a period specified by the director and are transferable. The director shall specify in each permit the applicable emission standards and that the permit is conditioned upon payment ofthe applicable fees as reqUired by section 3745.11 ofthe Revised Code and upon the right ofthe director's authorized representatives to enter upon the premises of the person to whom the permit has been issued, at any reasonable time and subject to safety requirements of the person in control of the premises, for the purpose of determining compliance with such standards, this chapter, the rules adopted thereunder, and the conditions of any permit, variance, or order issued thereunder. Each proposed new or modified air contaminant source shall provide such notice of its proposed installation or modification to other states as is required underthe federal Clean AirAct. Installation permits shall include the authorization to operate sources installed and operated in accordance with terms and ( conditions of the installation permits for a period not to exceed one year from commencement of operation, which authorization shall constitute an operating permit under division (G) of this section and rules adopted under it. No installation permit shall be required for activities that are subject to and in compliance with a plantwide applicability limit issued by the director in accordance with rules adopted underthis section. No installation permit shall be issued except in accordance with all requirements of this chapter and rules adopted thereunder. No application shall be denied or permit revoked or modified without a written orderstating the findings upon which denial, revocation, or modification is based. A copy ofthe ordershall be sent to the applicant or permit holder by certified mail. (3) Not laterthan two years after the effective date ofthis amendment, the director shall adopt a rule in accordance with Chapter 119. ofthe Revised Code specifying that a permit to install is required only for new or modified aircontaminant sources that emit any ofthe following aircontaminants: (a) An air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted underthe federal Clean AirAct; (b) An air contaminant for which the air contaminant source is regulated under the federal Clean Air Act; 

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## \. (c) An air contaminant that presents, or may present, through inhalation or other routes ofexposure, a threat of adverse human health effects, including, but not limited to, substances that are known to be, or may reasonably be anticipated to be, carcinogenic, mutagenic, teratogenic, or neurotoxic, that cause reproductive dysfunction, or that are acutely or chronically toxic, or a threat of adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise, and that is identified in the rule by chemical name and chemical abstract service number. The director may modify the rule adopted under division (F)(3)(c) of this section for the purpose of adding or deleting air contaminants. For each air contaminant that is contained in or deleted from the rule adopted underdivision (F)(3)(c) ofthis section, the directorshall include in a notice accompanying any proposed or final rule an explanation of the director's determination that the air contaminant meets the criteria established in that division and should be added to, or no longer meets the criteria and should be deleted from, the list of air contaminants. The explanation shall include an identification ofthe scientific evidence on which the director relied in making the determination. Until adoption ofthe rule under division (F)(3)(c) ofthis section, nothing shall affectthe director's authority to issue, deny, modify, or revoke permits to install underthis chapter and rules adopted under it. (4)(a) Applications for permits to install new or modified air contaminant sources shall contain sufficient information regarding air contaminants for which the director may require a permit to install to determine conformity with the environmental protection agency's document entitled "Review of New Sources of Air Toxics Emissions, Option A," dated May 1986, which the director shall use to evaluate toxic emissions from new or modified air contaminant sources. The director shall make copies of the document available to the public upon request at no cost and post the document on the environmental protection agency's web site. Any inconsistency between the document and division (F)(4) of this ( section shall be resolved in favorofdivision (F)(4) ofthis section. (b) The maximum acceptable ground level concentration of an air contaminant shall be calculated in accordance with the document entitled "Review of New Sources of Air Toxics Emissions, Option A." Modeling shall be conducted to determine the increase in the ground level concentration of an air contaminant beyond the facility's boundary caused by the emissions from a new or modified source that is the subject of an application for a permit to install. Modeling shall be based on the maximum hourly rate of emissions from the source using information including, but not limited to, any emission control devices or methods, operational restrictions, stack parameters, and emission dispersion devices or methods that may affect ground level concentrations, either individually or in combination. Tile director shall determine whether the activities for which a permit to install is sought will cause an increase in the ground level concentration of one or more relevant air contaminants beyond the facility's boundary by an amount in excess of the maximum acceptable ground level concentration. In making the determination as to whether the maximum ac;ceptable ground level concentration will be exceeded, the director shall give consideration to the modeling conducted under division (F)(4)(b) of this section and other relevant information submitted by the applicant. (c) Ifthe modeling conducted under division (F)(4)(b) ofthis section with respect to an application for a permit to install demonstrates that the maximum ground level concentration from a new or modified source will be greater than or equal to eighty per cent, but less than one hundred per cent of the maximum acceptable ground level concentration for an air contaminant, the director may establish terms and conditions in the permit to install for the air contaminant source that will require the owner ( or operator ofthe aircontaminant source to maintain emissions ofthat air contaminant commensurate



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with the modeled level, which shall be expressed as allowable emissions per day. In orderto calculate the allowable emissions per day, the director shall multiply the hourly emission rate modeled under division (F)(4)(b) ofthis section to determine the ground level concentration by the operating schedule that has been identified in the permit to install application. Terms and conditions imposed under division (F)(4)(c) ofthis section are not federally enforceable requirements and, if included in aTitle V permit, shall be placed in the portion ofthe permit that is only enforceable by the state. (d) Ifthe modeling conducted under division (F)(4)(b) ofthis section with respect to an application for a permit to install demonstrates that the maximum ground level concentration from a new or modified source will be less than eighty per cent of the maximum acceptable ground level concentration, the owner or operator of the source annually shall report to the director, on a form prescribed by the director, whether operations ofthe source are consistent with the information regarding the operations that was used to conduct the modeling with regard to the permit to install application. The annual report to the director shall be in lieu of an emission limit or other permit terms and conditions imposed pursuant to division (F)(4) ofthis**secti~n.** The director may consider any significant departure from the operations of the source described in the permit to install application that results in greater emissions than the emissions rate modeled to determine the ground level concentration as a modification and require the owner or operatorto submit a permit to install application for the increased emissions. The requirements established in division (F)(4)(d) ofthis section are notfederally enforceable requirements and, if included in aTitle V permit, shall be placed in the portion ofthe permit that is only enforceable bythe state. (e) Division (F)(4) of this section and the document entitled "Review of New Sources of Air Toxics Emissions, Option A" shall not be included in the state implementation plan under section 110 of the federal Clean Air Act and do not apply to an air contaminant source that is subject to a maximum ( achievable control technology standard or residual risk standard undersection 112 ofthe federal Clean Air Act, to a particular air contaminant identified under 40 C.F.R. 51.166, division (b)(23), for which the director has determined that the owner or operator of the source is required to install best available control technology for that particular air contaminant, or to a particular air contaminant for which the director has determined that the source is required to meet the lowest achievable emission rate, as defined in 40 C.F.R. part 51, Appendix S, forthat particular aircontaminant. (f)(I) Division (F)(4) of this section and the document entitled "Review of New Sources of Air Toxics Emissions, Option A" do not apply to parking lots, storage piles, storage tanks, transfer operations, grain Silos, grain dryers, emergency generators, gasoline dispensing operations, air contaminant sources that emit air contaminants solely from the combustion of fossil fuels, or the emission of wood dust, sand, glass dust, coal dust, silica, and grain dust. (ii) Notwithstanding division (F)(4)(f)(I) of this section, the director may require an individual air contaminant source that is within one of the source categories identified in division (F)(4)(f)(I) ofthis section to submit information in an application for a permit to install a new or modified source in order to determine the source's conformity to the document if the director has information to conclude that the particular new or modified source will potentially cause an increase in ground level concentration beyond the facility's boundary that exceeds the maximum acceptable ground level concentration as set forth in the document. (iii) The director may adopt rules in accordance with Chapter 119. of the Revised Code that are



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## ( consistent with the purposes of this chapter and that add to or delete from the source category exemptions established in division (F)(4)(f)(i) ofthis section. (5) Not laterthan one year afterthe effective date ofthis amendment, the director shall adopt rules in accordance with Chapter 119. of the Revised Code specifying activities that do not, by themselves, constitute beginning actual construction activities related to the installation or modification of an air contaminant source for which a permit to install is required such as the grading and clearing of land, on-site storage of portable parts and equipment, and the construction offoundations or buildings that do not themselves emit air contaminants. The rules also shall allow specified initial activities that are part of the installation or modification of an air contaminant source, such as the installation of electrical and other utilities for the source, prior to issuance of a permit to install, provided that the owner or operator of the source has filed a complete application for a permit to install, the director or the director's designee has determined that the application is complete, and the owner or operator of the source has notified the director that this activity will be undertaken prior to the issuance of a permit to install. Any activity that is undertaken by the source underthose rules shall be at the risk of the owner or operator. The rules shall not apply to activities that are precluded priorto permit issuance under section 111, section 112, Part C ofTitle I, and Part D ofTitle I ofthe federal Clean AirAct. (G) Adopt, modify, suspend, and rescind rules prohibiting the operation or other use of any new, modified, or existing air contaminant source unless an operating permit has been obtained from the director or the director's authorized representative, orthe air contaminant source is being operated in compliance with the conditions of a variance issued pursuant to division (H) of this section. Applications for operating permits shall be accompanied by such plans, specifications, and other pertinent information as the director may require. Operating permits may be issued for a period ( determined by the director not to exceed five years, are renewable, and are transferable. The director shall specify in each operating permit that the permit is conditioned upon payment of the applicable fees as required by section 3745.11 ofthe Revised Code and upon the right ofthe director's authorized representatives to enter upon the premises ofthe person to whom the permit has been issued, at any reasonable time and subject to safety requirements of the person in control of the premises, for the purpose of determining compliance with this chapter, the rules adopted thereunder, and the conditions of any permit, variance, or order issued thereunder. Operating permits may be denied or revoked for failure to comply with this chapter or the rules adopted thereunder. An operating permit shall be issued only upon a showing satisfactory to the director ·or the director's representative that the air contaminant source is being operated in compliance with applicable emission standards and other rules or upon submission of a schedule of compliance satisfactory to the director for a source that is not in compliance with all applicable requirements at the time of permit issuance, provided that the compliance schedule shall be consistent with and at least as stringent as that contained in anyjudicial consent decree or administrative order to which the air contaminant source is subject. The rules shall provide for the issuance of conditional operating permits for such reasonable periods as the director may determine to allow the holder of an installation permit, who has constructed, installed, located, or modified a new air contaminant source in accordance with the provisions of an installation permit, to make adjustments or modifications necessary to enable the new air contaminant source to comply with applicable emission standards and other rules. Terms and conditions of operating permits issued pursuant to this division shall be federally enforceable for the purpose of establishing the potential to emit of a stationary source and shall be expressly designated as federally enforceable. Any such federally enforceable restrictions on a source's potential to emit shall include both an annual limit and ( a short-term limit of not more than thirty days for each pollutant to be restricted together with



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adequate methods for establishing compliance with the restrictions. In other respects, operating permits issued pursuant to this division are enforceable as state law only. No application shall be denied or permit revoked or modified without a written order stating the findings upon which denial, revocation, or modification is based. A copy ofthe order shall be sent to the applicant or permit holder by certified mail. (H) Adopt, modify, and rescind rules governing the issuance, revocation, modification, or denial of variances that authorize emissions in excess ofthe applicable emission standards. No variance shall be issued except pursuant to those rules. The rules shall prescribe conditions and criteria in furtherance of the purposes of this chapter and consistent with the federal Clean Air Act governing eligibility for issuance ofvariances, which shall include all ofthe following: (1) Provisions requiring consistency of emissions authorized by a variance with timely attainment and maintenance ofambient airquality standards; (2) Provisions prescribing the classes and categories of air contaminants and air contaminant sources for which variances may be issued; (3) Provisions defining the circumstances under which an applicant shall demonstrate that compliance with applicable emission standards is technically infeasible, economically unreasonable, or impossible because of conditions beyond the control ofthe applicant; (4) Other provisions prescribed in furtherance ofthe goals ofthis chapter. The rules shall prohibit the issuance ofvariances from any emission limitation that was applicable to a source pursuant to an installation permit and shall prohibit issuance ofvariances that conflict with the federal Clean AirAct. Applications for variances shall be accompanied by such information as the director may require. In issuing variances, the director may orderthe person to whom a variance is issued to furnish plans and specifications and such other information and data, including interim reports, as the director may require and to proceed to take such action within such time as the director may determine to be appropriate and reasonable to prevent, control, or abate the person's existing emissions of air contaminants. The director shall specify in each variance that the variance is conditioned upon payment ofthe applicable fees as required by section 3745.11 ofthe Revised Code and upon the right of the director's authorized representatives to enter upon the premises of the person to whom the variance has been issued, at any reasonable time and subject to safety requirements of the person in control ofthe premises, forthe purpose ofdetermining compliance with this chapter, the rules adopted thereunder, and the conditions ofany permit, variance, ororder issued thereunder. 

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The director may hold a public hearing on an application for a variance or renewal thereof at a location in the county where the variance is sought. The director shall give not less than twenty days' notice of the hearing to the applicant by certified mail and cause at least one publication of notice in a newspaper with general circulation in the county where the variance is sought. The director shall keep available for public inspection at the principal office of the environmental protection agency a current schedule of pending applications for variances and a current schedule of pending variance hearings. (



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# ( The director shall make a complete stenographic record oftestimony and other evidence submitted at the hearing. The director shall make a written determination to issue, renew, or deny the variance and shall enter the determination and the basis therefor into the record of the hearing. The director shall issue, renew, or deny an application for a variance or renewal thereof, or issue a proposed action upon the application pursuant to section 3745.07 of the Revised Code, within six months of the date upon which the director receives a complete application with all pertinent information and data required by the director. Any )variance granted pursuant to rules adopted under this division shall be for a period specified by the director, not to exceed three years, and may be renewed from time to time on such terms and for such periods, not to exceed three years each, as the director determines to be appropriate. A variance may be revoked, or renewal denied, for failure to comply with conditions specified in the variance. No variance shall be issued, denied, revoked, or modified without a written order stating the findings upon which the issuance, denial, revocation, or modification is based. A copy of the order shall be sent to the applicant orvariance holder by certified mail. (I) Require the owner or operator of an air contaminant source to install, employ, maintain, and operate such emissions, ambient airquality, meteorological, or other monitoring devices or methods as the directorshall prescribe; to sample those emissions at such locations, at such intervals, and in such manner as the director prescribes; to maintain records and file periodic reports with the director containing information as to location, size, and height of emission outlets, rate, duration, and composition of emissions, and any other pertinent information the director prescribes; and to provide such written notice to other states as the director shall prescribe. In requiring monitoring devices, records, and reports, the director, to the extent consistent with the federal Clean Air Act, shall give consideration to technical feasibility and economic reasonableness and allow reasonable time for compliance. For sources where a specific monitoring, record-keeping, or reporting requirement is specified for a particular air contaminant from a particular air contaminant source in an applicable regulation adopted by the United States environmental protection agency under the federal Clean Air Act or in an applicable rule adopted by the director, the director shall not impose an additional requirement in a permit that is a different monitoring, record-keeping, or reporting requirement other than the requirement specified in the applicable regulation or rule for that air contaminant except as otherwise agreed to by the owner or operator ofthe air contaminant source and the director. Iftwo or more regulations or rules impose different monitoring, record-keeping, or reporting requirements for the same air contaminant from the same air contaminant source, the director may impose permit terms and conditions that consolidate or streamline the monitoring, record-keeping, or reporting requirements in a manner that conforms with each applicable requirement. To the extent consistent with the federal Clean Air Act and except as otherwise agreed to by the owner or operator of an air contaminant source and the director, the director shall not require an operating restriction that has the practical effect of increasing the stringency ofan existing applicable emission limitation orstandard. 

### (J) Establish, operate, and maintain monitoring stations and other devices designed to measure air pollution and enter into contracts with any public or private agency forthe establishment, operation, or maintenance ofsuch stations and devices; (K) By rule adopt procedures for giving reasonable public notice and conducting public hearings on any plans for the prevention, control, and abatement of air pollution that the director is required to submit to the federal government;



### http://codes.ohio.govlorc/3

### 704.03 8/8/2007

### Lawriter

-ORC

- 3704.03 Directorofenvironmentalprotection

-powers andduties. Page 8of10

(L) Through any employee, agent, or authorized representative of the director or the environmental protection agency, enter upon private or public property, including improvements thereon, at any reasonable time, to make inspections, take samples, conduct tests, and examine records or reports ( pertaining to any emission of air contaminants and any monitoring equipment or methods and to determine if there are any actual or potential emissions from such premises and, if so, to determine the sources, amounts, contents, and extent of those emissions, or to ascertain whether there is compliance with this chapter, any orders issued or rules adopted thereunder, or any other determination of the director. The director, at reasonable times, may have access to and copy any such records. 

### If entry or inspection authorized by this division is refused, hindered, or thwarted, the directororthe director's authorized representative may by affidavit apply for, and anyjudge of a court of record may issue, an appropriate inspection warrant necessary to achieve the purposes of this chapterwithin the court's territorial jurisdiction. (M) Accept and administer gifts or grants from the federal government and from any other source, public or private, for carrying out any ofthe functions underthis chapter; (N) Obtain necessary scientific, technical, and laboratory services; (0) Establish advisory boards in accordance with section 121.13 ofthe Revised Code; (P) Delegate to any city or general health district or political subdivision of the state any of the director's enforcement and monitoring powers and duties, other than rule-making powers, as the director elects to delegate, and in addition employ, compensate, and prescribe the powers and duties of such officers, employees, and consultants as are necessary to enable the director to exercise the authority and perform duties imposed upon the director by law. Technical and other services shall be performed, insofar as practical, by personnel ofthe environmental protection agency. 

### (Q) Certify to the government of the United States or any agency thereof that an industrial air pollution facility is in conformity with the state program or requirements for control of air pollution wheneversuch certificate is required for ataxpayer pursuant to any federal law or requirements; (R) Issue, modify, or revoke orders requiring abatement of or prohibiting emissions that violate applicable emission standards or other requirements of this chapter and rules adopted thereunder, or requiring emission control devices or measures in order to comply with applicable emission standards or other requirements of this chapter and rules adopted thereunder. Any such order shall require compliance with applicable emission standards by a specified date and shall not conflict with any requirement of the federal Clean Air Act. In the making of such orders, the director, to the extent consistent with the federal Clean Air Act, shall give consideration to, and base the determination on, evidence relating to the technical feasibility and economic reasonableness of compliance with such orders and their relation to benefits to the people ofthe state to be derived from such compliance. 

### If, under the federal Clean Air Act, any such order shall provide for the posting of a bond or surety to secure compliance with the order as a condition of issuance of the order, the order shall so provide, but onlyto the extent required bythe federal Clean AirAct. (S) To the extent provided by the federal Clean Air Act, adopt, modify, and rescind rules providing for the administrative assessment and collection of monetary penalties, not in excess of those required pursuant to the federal Clean Air Act, for failure to comply with any emission limitation or standard, 

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http://codes.ohio.gov/orcI3704.03 8/8/2007

### Lawriter

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- 3704.03 Directorofenvironmentalprotection

-powersandduties. Page9of10



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# ( compliance schedule, or other requirement of any rule, order, permit, or variance issued or adopted under this chapter or required under the applicable implementation plan whether or not the source is subject to a federal or state consent decree. The director may require the submission of compliance schedules, calculations of penalties for noncompliance, and related information. Any orders, payments, sanctions, or other requirements imposed pursuant to rules adopted under this division shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this chapter and shall not affect any civil or criminal enforcement proceedings brought under any provision ofthis chapter or any other provision ofstate or local law. This division does not apply to any requirement ofthis chapter regarding the prevention or abatement ofodors. (T) Require new or modified air contaminant sources to install best available technology, but only in accordance with this division. With respect to permits issued pursuant to division (F) of this section beginning three years after the effective date of this amendment, best available technology for air contaminant sources and air contaminants emitted by those sources that are subject to standards adopted under section 112, Part C ofTitle I, and Part D ofTitle I of the federal Clean Air Act shall be equivalent to and no more stringent than those standards. For an air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the federal Clean Air Act, best available technology only shall be required to the extent required by rules adopted underChapter 119. ofthe Revised Code for permit to install applications filed three or more years after the effective date ofthis amendment. Best available technology requirements established in rules adopted under this division shall be expressed only in one ofthe following ways that is most appropriate for the applicable source orsource categories: (1) Work practices; (2) Source design characteristics or design efficiency ofapplicable air contaminant control devices; (3) Raw material specifications orthroughput limitations averaged over a twelve-month rolling period; (4) Monthly allowable emissions averaged over a twelve-month rolling period. Best available technology requirements shall not apply to an air contaminant source that has the potential to emit, taking into account air pollution controls installed on the source, less than ten tons per year of emissions of an air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the federal Clean Air Act. In addition, best available technology requirements established in rules adopted under this division shall not apply to any existing, new, or modified air contaminant source that is subject to a plant-wide applicability limit that has been approved by the director. Further, best available technology requirements established in rules adopted under this division shall not apply to general permits issued prior to January 1, 2006, under rules adopted underthis chapter. For permits to install issued three or more years after the effective date of this amendment, any new or modified air contaminant source that has the potential to emit, taking into account air pollution controls installed on the source, ten or more tons per year of volatile organic compounds or nitrogen oxides shall meet, at a minimum, the requirements of any applicable reasonably available control



### http://codes.ohio.gov

### 10rc/3704.03 8/8/2007

### Lawriter

-ORC

- 3704.03 Directorof**env~onmental** 

### protection

-powers andduties.

technology rule in effect as ofJanuary 1, 2006, regardless ofthe location ofthe source. 

### Page 10of10

(U) Consistent with section 507 ofthe federal Clean Air Act, adopt, modify, suspend, and rescind rules ( for the establishment of a small business stationary source technical and environmental compliance assistance progtam asprovided in section 3704.18 ofthe Revised Code; (V) Provide for emissions trading, marketable permits, auctions of emission rights, and economic incentives that would reduce the cost or increase the efficiency of achieving a specified level of environmental protection; (W) Provide for the construction of an air contaminant source prior to obtaining a permit to install pursuant to division (F) ofthis section ifthe applicant demonstrates that the source will be installed to comply with all applicable emission limits and will not adversely affect public health or safety or the environment and ifthe directordetermines that such an action will avoid an unreasonable hardship on the owner or operator ofthe source. Any such determination shall be consistent with the federal Clean AirAct. (X) Exercise all incidental powers, including adoption of rules, required to carry out this chapter. The environmental protection agency shall develop a plan to control air pollution resulting from stateoperated facilities and property. Effective Date: 10-29-1993; 08-03-2006 

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http://codes.ohio.gov/orc/3704.03 8/8/2007