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Appendix B

Director's Findings and Orders for the Adoption of the Revised

Rules, and the Associated Public Notice
BEFORE THE

OHIO ENVIRONMENTAL PROTECTION AGENCY

In the Matter of:

FINDINGS AND ORDERS

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The Adoption of Amended

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 of the 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, of the proposed amended and

rescinded rules of the Ohio Administrative Code cited above, finds:

1. That due notice of a public hearing in this matter pursuant to the Administrative

Procedure Act was given, that a public hearing was held on October 19, 2007, in

Columbus, Ohio, and that all interested persons were afforded the opportunity to be

heard; and

2. That upon due consideration, the adoption, in final form, of the proposed amended

and rescinded rules of the Ohio Administrative Code cited above, is reasonable and

lawful and within the purview of authority provided by law.

It is therefore

ORDERED that amended 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 of the Ohio Administrative Code be adopted in final form, and that rule 3745-

17-05 of the Ohio Administrative Code be rescinded.

i certify this to be a true and accuraIe copy cI the

':fficial documents as filed in the records of the Ohio

.nvironmental protection Agency.

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It is further

ORDERED that the effective date of said amended rules shall be __F_E_B_O_l_2_0_0_8_

It is further

ORDERED that copies of these Findings and Orders and certified copies of said 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and rescinded rules, in final form, shall be filed with the Secretary of State, the Joint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 of Small and Developing Business, as required by

law.

APPEAL RIGHTS

Notice is hereby given that this action of the Director is final and may be appealed to the

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio

Revised Code. The appeal must be in writing and set forth the action complained of and

the grounds upon which the appeal is based. The appeal must be filed with the

Commission within thirty (30) days after notice of the Director's action. The appeal must be

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce

if by affidavit you demonstrate that payment of the full amount of the fee would cause

extreme hardship. Notice of the filing of the appeal shall be filed with the Director within

three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal

be served upon the Ohio Attorney General's Office, Environmental Enforcement Section. (

An appeal may be filed with the Environmental Review Appeals Commission at the

following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus,OH 43215

Chris Korleski

Director

Ohio Environmental Protection Agency

Issued at Columbus, Ohio this 2..2..~ay of .J f4./l/ UAtR- Y

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State of Ohio

Environmental Protection Agency

Notice of Adoption of Rules

Notice is hereby given that the Director of the Ohio Environmental Protection Agency has performed

a review of the rules within OAC Chapter 3745-17 (Particulate MatterStandards) primarily to satisfy

the requirements of Section 119.032 of the Ohio Revised Code (ORC) for a five-year review and,

underthe authority of Ohio Revised Code Section 3704.03, has adopted rescinded OAC rule 3745-

17-05 and amended OAC rules 3745-17-01, -02, -03, -04, -07, -08, -09, -10, -11, -12, -13, and -14.

The following briefly summarizes the revisions of the rules within OAC Chapter 3745-17:

-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 of ORC 121.72.

-17-02 (Ambient air quality standards.)

The current NAAQS for PM2.5 have been added to the rule.

-17-03 (Measurement methods and procedures.)

As a result of the proposed changes to paragraph (I) [for Ford Motor Company, Cleveland

Casting Plant] of rule 3745-17-12, and the proposed changes to paragraphs (B) [for

Intemational Mill Service, Incorporated], (D) [for Standard 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 (Compliance time schedules.)

In both paragraphs (B)(6) and (B)(7), several references to paragraphs in rules 3745-17-12

and -13 have been deleted because either the sources addressed in the paragraphs have

been permanently shut down or the paragraphs in those rules have been renumbered due to

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 reference the paragraphswithin proposed rule

3745-17-13 that contain new, more stringent requirements and to change the compliance

deadline from "April 1, 1993" to "not later than the effective date of this rule."

-17-05 (Non-degradation policy.)

This rule, which consists of only one sentence, has been rescinded because it has been

determined that the rule is no longer a necessary part of the State's air pollution control

program.

-17-07 (Control of visible particulate emissions from stationary sources.)

New exemptions from the 20% and 60% opacity limitations have been added to this rule for

the kilns at the Martin Marietta Magnesia Specialties, Inc. facility in Woodville.

-17-08 (Restriction of emission of fugitive dust.)

Because the installation of MACT controls has been completed for the blast furnace and

basic oxygen furnaces at the AK Steel Corporation's Middletown Works, the exemptions in

paragraph (A)(3)(b) of the rule have been deleted.
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-17-09 (Restrictions on particulate emissions and odors from incinerators.)

The only changes to this rule involve corrections to the citations at the end of the rule of the

amplifying and authorizing statutes.

-17-10 (Restrictions on particulate emissions from fuel burning equipment.)

The only changes to this rule involve corrections to the citations at the end of the rule of the

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). Any surface coating process that is not exempted by this rule must be

controlled by means of a particulate filter, waterwash, or equivalent control device and must

comply with specific work practices relating to the operation, maintenance, repair, and

inspection of the control devices. Several exemptions have been provided in the rule for

small surface coating processes.

-17-12 (Additional restrictions on particulate emissions from specific air contaminant

sources in Cuyahoga County.)

All the changes to paragraph (I) address the sources at the Ford Motor Company, Cleveland

Casting Plant that have been permanently shut down and the sources that are now being

controlled with different control devices.

-17-13 (Additional restrictions on particulate emissions from specific air contaminant

sources in Jefferson County.)

Existing paragraphs (B) and (D) of this rule have been deleted because the sources at

Intemational Mill Service, Incorporated and Standard Slag Company have been permanently

shut down.

Several of the sources at the Wheeling-Pittsburgh Steel Corporation facilities located in

Steubenville and Mingo Junction have been permanently shut down, and the company has

requested that the 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. For some of the remaining sources, the revised emission limitations

are more stringent than the existing emission limitations, and others are less stringent.

-17-14 (Contingency plan requirements for Cuyahoga and Jefferson Counties.)

The term "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

contingency measures required in paragraph (A) of the rule.

In addition to the above-mentioned changes for rules 3745-17-01, -02, -03, -04, -07, -08, -11 ,

-12, -13 and -14, those rules also include corrections to the citations at the end of the

rules of the amplifying and authorizing statutes.

Pursuant to Section 121.39 of the Ohio Revised Code, the Division of Air Pollution Control was

required to consult with interested parties affected by the rules before the Director formally adopts

them. On April 11, 2007, the rules went out for a 30-day review by interested parties. Pursuant to

Section 119.03 of the Ohio Revised Code, a public hearing on the rule changes was conducted on

October 19, 2007, in Columbus, Ohio. Comments were received concerning the proposed rules, but

they did not necessitate any changes to the rules as proposed. The Director's order of adoption was

issued on Tuesday, January 22,2008. The effective date of these rules is Friday, February 1,2008.

To request a copy of the revised rules, obtain further information, or inspect or request copies of

Agency files and records pertaining to the proceedings, contact James Orlemann, at the Ohio EPA,

Division of Air Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio
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43216-1049 or call him at 614-644-3592. The revised rules also are available on the Agency's web

page for electronic downloading. 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") pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be

in writing and set forth the action complained of and the grounds upon which the appeal is based.

The appeal must be filed with ERAC within thirty (30) days after notice of the Director's action, at

309 South Fourth Street, Suite 222, Columbus, Ohio 43215. Copies of the appeal must be served

upon the Director of the Ohio EPA within three (3) days of filing with ERAC. The appeal must be

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce if by

affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship.

Ohio EPA also requests that a copy of the appeal be served upon the Environmental Enforcement

Section of the Ohio Attomey General'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 of this 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 of the people of the 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 Air Act;

(3) To authorize the state to obtain financial assistance and delegation of powers from the federal

government for purposes of the prevention, control, and abatement of air 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 of this chapter.

Effective Date: 10-29-1993

7/2/2008
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3704.03 Director of environmental protection - powers

and duties.

The director of environmental protection may do any of the following:

(A) Develop programs for the prevention, control, and abatement of air pollution;

(B) Advise, consult, contract, and cooperate with any governmental or private agency in the

furtherance of the purposes of this 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 air quality standards in effect under the federal Clean Air Act;

(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 or for various areas of the 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 for that 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 Air Act, shall hear and give consideration to evidence relating to all of the 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 of those 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 under this 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 or any

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

or the 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 of the

applicable fees as reqUired by section 3745.11 of the 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 under the federal Clean Air Act. 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 under this 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 order stating the findings upon which denial, revocation, or modification is based. A copy of the

order shall be sent to the applicant or permit holder by certified mail.

(3) Not later than two years after the effective date of this amendment, the director shall adopt a rule

in accordance with Chapter 119. of the Revised Code specifying that a permit to install is required only

for new or modified air contaminant sources that emit any of the following air contaminants:

(a) 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;

(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 of exposure, 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 under division (F)(3)(c) of this section, the director shall 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

of the scientific evidence on which the director relied in making the determination. Until adoption of the

rule under division (F)(3)(c) of this section, nothing shall affect the director's authority to issue, deny,

modify, or revoke permits to install under this 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 favor of division (F)(4) of this 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) If the modeling conducted under division (F)(4)(b) of this 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 of the air contaminant source to maintain emissions of that air contaminant commensurate

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with the modeled level, which shall be expressed as allowable emissions per day. In order to calculate

the allowable emissions per day, the director shall multiply the hourly emission rate modeled under

division (F)(4)(b) of this 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) of this section are not federally enforceable requirements and, if included in a Title V

permit, shall be placed in the portion of the permit that is only enforceable by the state.

(d) If the modeling conducted under division (F)(4)(b) of this 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 of the 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) of this 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 operator to submit a permit to install application for the increased emissions. The

requirements established in division (F)(4)(d) of this section are not federally enforceable requirements

and, if included in a Title V permit, shall be placed in the portion of the permit that is only enforceable

by the 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 under section 112 of the 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, for that particular air contaminant.

(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) of this

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) of this section.

(5) Not later than one year after the effective date of this 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 of foundations 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 under those rules shall be at the risk of

the owner or operator. The rules shall not apply to activities that are precluded prior to permit issuance

under section 111, section 112, Part C of Title I, and Part D of Title I of the federal Clean Air Act.

(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, or the 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 of the Revised Code and upon the right of the 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 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 any judicial

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 of the 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 of the 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 of variances, which shall include all of the following:

(1) Provisions requiring consistency of emissions authorized by a variance with timely attainment and

maintenance of ambient air quality 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 of the applicant;

(4) Other provisions prescribed in furtherance of the goals of this chapter.

The rules shall prohibit the issuance of variances from any emission limitation that was applicable to a

source pursuant to an installation permit and shall prohibit issuance of variances that conflict with the

federal Clean Air Act.

Applications for variances shall be accompanied by such information as the director may require. In

issuing variances, the director may order the 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 of the applicable fees as required by section 3745.11 of the 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 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.

(

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 of testimony 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 or variance holder by certified mail.

(I) Require the owner or operator of an air contaminant source to install, employ, maintain, and

operate such emissions, ambient air quality, meteorological, or other monitoring devices or methods as

the director shall 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 of the air contaminant source and the director. If two 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 of an existing applicable emission limitation or standard.

(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 for the establishment, operation, or

maintenance of such 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;

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(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

director or the director's authorized representative may by affidavit apply for, and any judge of a court

of record may issue, an appropriate inspection warrant necessary to achieve the purposes of this

chapter within 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 of the functions under this chapter;

(N) Obtain necessary scientific, technical, and laboratory services;

(0) Establish advisory boards in accordance with section 121.13 of the 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 of the 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

whenever such certificate is required for a taxpayer 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 of the 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 only to the extent required by the federal Clean Air Act.

(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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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 of this chapter or any other provision of state or local law. This division does not apply to any

requirement of this chapter regarding the prevention or abatement of odors.

(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 of Title I, and Part D of Title 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

under Chapter 119. of the Revised Code for permit to install applications filed three or more years after

the effective date of this amendment.

Best available technology requirements established in rules adopted under this division shall be

expressed only in one of the following ways that is most appropriate for the applicable source or source

categories:

(1) Work practices;

(2) Source design characteristics or design efficiency of applicable air contaminant control devices;

(3) Raw material specifications or throughput 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 under this 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

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(U) Consistent with section 507 of the 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 as provided in section 3704.18 of the 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) of this section if the 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 if the director determines that such an action will avoid an unreasonable hardship on

the owner or operator of the source. Any such determination shall be consistent with the federal Clean

Air Act.

(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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