# Article 

# III Evidence Ohio EPA Followed Rule Adoption Procedures

### Evidence Ohio EPA Followed Rule Adoption Procedures Ohio Revised Code (ORC) 119.03, Proceduresforadoption, amendment, orrescission of rules; finding that fiscal analysis is incomplete or inaccurate, outlines the requirements Ohio EPA must follow during the rule-making process. A copy of ORC 119.03 can be provided upon request. Ohio EPAfullycomplied with the requirements ofthis lawand has provided evidence on the major requirements below: 1. ORC 119.03(A): Reasonable public notice shall be given in the register of Ohio at least 30 days priorto the dateset for a hearing. Ohio's electronic rule filing system automatically posts public notices in the Ohio Register when rules are proposed. A copy of the Public Hearing notice can be provided upon request. Public Hearing notices were placed in the Ohio Registeron January26,2009 and May22,2009. Ohio EPAheld two public hearingsforrules in this submittal. The first was held on March 5, 2009 and the second on July 20, 2009. Both were held at Ohio EPA Central Office in Columbus, Ohio. The hearings were held between 31 and 40 days afterthe notice was placed in the register. The ORC 119.03 requirements for public notice contents were met as evidenced by comparing the public notice and ORC 119.03 (A)(1 )-(4). In addition to the Register of Ohio, Ohio EPA also placed an advertisement in the major newspapers throughout the state. Copies can be provided upon request.

. 2. ORC 119.03(B): The required materials must befiled with the secretaryofstateand the directorofthe legislative service commission (LSC). Ohio's electronicfiling system automaticallygenerates a letterwhen all the required elements have been uploaded on the system and the package is proposed. This letter is included (Attachment A). Ohio EPA also complied with all requirements for incorporated materials. In addition, the answersto questions eightand nine ofeach ofthe Rule Summaryand Fiscal Analysis (RSFA) documents are provided (Attachment B). 3. ORC 119.03(C): Conduct public hearings as advertised. Ohio EPA conducted the public hearings on March 5,2009 and June 30,2009 as identified in the Public Hearing notice. A copyofthe hearing transcripts is provided in Article IV. 4. ORC 119.03(0): After the period of time when legislative review and invalidation may occur expires, the agency may issue an order adopting the rule. The Joint Committee on Agency Rule Review (JCARR) oversees agency rule making in Ohio. Hearings were held with JCARR on March 30, 2009 and June 30, 2009 where these rules were placed on the consent agenda as items 28 and 21

### respectively (Attachment C). No testimony, questions or invalidation of the rules occurred during eitherhearing. JCARRjurisdiction expired on April 1,2009 (July26, 2009 for OAC rule 3745-25-03) as evidenced bythe JCARR consent agendas. Ohio EPA issued the orderto adoptthe rules on April 8, 2009 (August 11, 2009 for OAC rule 3745-25-03) as evidenced by the Director's Findings & Orders and the Public Notice (both contained in Article 2). The Secretaryofthe State and Director ofthe LSC once again received a letter of notice (Attachment D).

5. ORC 119.03(E): Provide notice to public priorto effective date of rules. Ohio EPA provided an update of the adoption of the rules through the Ohio EPA website and through an e-mail notice to all interested parties on April 8, 2009 and August 11, 2009. A copy ofthese notifications can be provided upon request. ORC 121.39, Provisions applicable to proposed legislation or administrative rules concerning environmental protection, imposes further requirements for interested party review specific to environmental rule adoptiOfl. Ohio EPA fully complied with the requirements ofthis law and has provided evidence on the major requirements below: 1. ORC 121.39(B): Legislation dealing with the environment must be accompanied by a statement identifying if it is necessary to comply with a federal requirement. It must also include information on the estimated cost of compliance

.

. The RSFAand Environmental RuleAdoption/Amendment Form (ERAF) documents

are automatically generated questions that are part of the States electronic rule filing system (Attachment B). The questions are intended to address the items in ORC 121.39. As evidenced in Question 6 ofthe RSFA documents and item (C) of the ERAF for the rule, Ohio EPA stated the adoption of this rule, or a version as stringent as, is required by U.S. EPA. The RSFAdocuments also contain asection entitled Fiscal Analysis which addresses potential costs. Our responses met the requirements ofthis lawas evidenced in the consent byJCARRwho reviewsthese documents. 2. ORC 121.39(0): Priorto adopting any environmental rule, the agencymustconsult with interested parties, consider all documentation relevantto the need forthe rule making, identify any need to adopt in order to maintain approval to administer a federal environmental law, and it must include an RSFA. On November21,2008 and May22,2009 Ohio EPA notified interested parties via e-mail ofthe draft rule language. A copy ofthe notification may be provided upon request. We provided two 30+-day comment periods closing December 23,2008 and June 30, 2009 respectively. The interested parties list included Ohio EPA, DAPC's general rule making list. Acopyofthe e-mail and interested party listwill be provided upon request.

### As evidenced in item (C) ofthe ERAF for each rule, Ohio EPAstated the adoption of this rule is required in order to maintain approval to administer a federal environmental law. As evidenced in item (A) of the ERAF for each rule, Ohio EPA identified that it considered all documentation relevantto the need forthe rule making and identified those documents in list form.

# Article III Attachment A Letterto Secretary of State and Director of LSCThe Honorable Jennifer Brunner secretary ofState 180 E. Broad St., 15th Floor Columbus,OH 43215 

# Ie fi

Mark Flanders, Director Legislative Service Commission

77 South High St., 9th FIQor Columbus,OH 43215 William L. Hills, Executive Director Joint Committee on Agency Rule Review

77 South High St., Concourse Level Columbus,OH 43215 The Honorable Lee Fisher, Director Department of Development 77 South High St., 27th Floor Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rUle(s) pursuant to section 119.03 of the Ohio Revised Code. Package Number: File Date and Time: Confirmation Number: 

## ORIGINAL FILE 44337 01/26/200908:07 AM e5c8436436ce72e64a86b411656e7cf7

Rule Number Type FYR? JE Date Eft Date Next FYR Tagline 3745-17-02 Rescission Y 04/01/2009 Ambient air quality standards. 3745-17-03 Amendment Y 04/01/2009 Measurement methods and procedures. 3745-17-14 Amendment N 04/01/2009 Contingency plan requirements for Cuyahoga and Jefferson counties. 3745-18-02 Rescission Y 04/01/2009 Ambient air quality standards; sulfur dioxide. 3745-18-03 Amendment N 04/01/2009 Attainment dates and compliance time schedules. 3745-21-02 Rescission Y 04/01/2009 Ambient air quality standards and guidelines. 3745-23-01 Rescission Y 04/01/2009 Ambient air quality standards. 3745-23-01 New N 04/01/2009 Definitions. 3745-23-02 Amendment Y 04/01/2009 Methods of measurement. 3745-25-01 Rescission Y 04/01/2009 Air pollution emergency. 3745-25-01 New N 04/01/2009 Definitions. 3745-25-02 Rescission Y 04/01/2009 Episode criteria. 3745-25-02 New N 04/01/2009 Ambient air quality standards. 3745-25-03 Rescission Y 04/01/2009 Emission control action programs. 3745-25-03 New N 04/01/2009 Air pollution emergencies and episode criteria. Page 1Rule Number Type FYR? JE Date Eft Date Next FYR Tagline 3745-25-04 3745-25-04 3745-25-05 3745-71-02 Rescission Y New N New N Rescission Y 04/01/2009 04/01/2009 04/01/2009 04/01/2009 Emergency orders. Air pollution emergency emission control action programs. Air pollution emergency orders. Ambient air quality standards
- lead.

Page 2The Honorable Jennifer Brunner Secretary ofState 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77 South High St., 9th Floor Columbus,OH 43215. William L. Hills, Executive Director Joint Committee on Agency Rule Review

77 South High St., Concourse Level Columbus,OH 43215 Lisa Patt-McDaniel, Interim Director Department of Development 77 South High St., 27th Floor Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of the Ohio Revised Code. Package Number: File Date and Time: Confirmation Number: 

## ORIGINAL FILE 49897 05/22/200908:06AM 2720425a3b52a3580d0596fd4c194a5

Amendment N Rule Number 3745-25-03 Type FYR? JE Date 07/26/2009 Eff Date Next FYR Tagline Air pollution emergencies and episode criteria.

Page 1

# Article 

# III Attachment B RSFAs--------_._----_._----_._- 

## ACTION: Final

Rule Summary and Fiscal Analysis (Part A) Ohio Environmental ProtectionAgency Agency Name Division ofAirPollution Control (DAPC) Division 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) PaulJ. Braun Contact614-644-2270 Phone 614-644-3681 

### Fax


## 3745-17-02 Rule Number Rule Title/Tag Line 

# RESCISSION TYPE of rule filing Ambient airquality standards.



### RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 4. Statute(s) authorizing agency to adopt the rule: 3704.03(E)
5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A),3704.03(E)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The contents ofthis rule arebeingmovedto OAC rule 3745-25-02. To prevent duplicate language, this rule is beingrescinded.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: This rule contains the ambient airqualities standards forparticulatematterinthe state ofOhio. To facilitate easieraccess to the ambient standards by theregulated

[ssvlesheer:**r~fa.xsl** 2.06. authoring rool: EZ1, p: 44337, po: 71939

.. ra: 184573, d: 222M7)) prill! date: 08/25/2009 03: 17PMPage 2 Rule Number: 3745-17-02
community, the standards arebeing consolidatedin OAC rule 3745-25-02. To preventhaving duplicate standards inthe rules, this rule is beingrescinded.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally availablethrough libraries, Ohio EPA andU.S. EPAwebsites. CFRreferences have alsobeen datedto referencethe specific version ofthe rules. ORC 121.75 (D) exempts suchreferences from therequirements ofORC 121.71 through 121.74. Referencedmaterials are cited, datedand availabilitynotedin OAC rule 3745-17-01.
9. Ifthe rule incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: Not applicable
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 1/26/2009 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required:Page 3 Rule Number: 3745-17-02
the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the ambientairquality standards forparticulate matterinthe state ofOhio. The requirements for complying with andmaintaining the standards are containedin otherrules. There is no cost ofcompliance with establishing the standard.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You mustcomplete the Environmentalrule Adoption!AmendmentFormin orderto comply withAm. Sub. 106 ofthe l2lst General Assembly.---_..__..

## __.._--_._--, 

## ACTION: Final [DATE: 04/08/2009 

## 8:07

# AM--'

Rule Summary and Fiscal Analysis (Part A) Ohio Environmental ProtectionAgency Agency Name Division ofAirPollution Control (DAPC) Division 50 West Town Street. Suite700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) PaulJ. Braun Contact614-644-2270 Phone 614-644-3681 Fax


# 3745-17-03 Rule Number Rule TitlelTag Line 

# AMENDMENT TYPE of rule filing Measurementmethods andprocedures.



### RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 4. Statute(s) authorizing agency to adopt the rule: 3704.03(E)
5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(E)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule is being amendedto update a citationto OAC rule 3745-17-02 in paragraph (A) ofthis rule. The contents ofOAC rule 3745-17-02 arebeingmoved to OAC rule 3745-25-02 andthe citationis being changedto pointto OAC rule 3745-25-02 as well.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:

[szvlesheet: rsfa.xsl1,06. authoringrool: EZl, p: 44337, pa: 71939. ra: 184572. d: 222016j] print date: 08:25/2009 03:18 PMPage 2 Rule Number: 3745-17-03

This rule specifies all thetestmethods andprocedures thatmustbe usedin determining compliance withthe emissionlimitations and controlrequirements containedin OAC rules 3745-17-07 through 3745-17-14. This rule is being amendedto update acitationto OAC rule 3745-17-02 in

. paragraph (A) ofthis rule. The contents ofOAC rule 3745-17-02 arebeingmoved

to OAC rule 3745-25-02 andthe citationis being changedto pointto OAC rule 3745-25-02 as well.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121 .71 to 121.74 ofthe Revised Code because the text or other material is 

### generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). Although copies oftheserules are generally available to thepublic through libraries and on-line sources, includingthe Ohio EPAwebsite, ORC l21.76(A) exempts such references from theprovisions ofORC 121.71 through 121.75. This rule contains references to the Code ofFederalRegulations (CFR). These regulations are generally availablethrough libraries andthe Ohio EPA andUSEPA websites. The CFRreferences also havebeen datedto identifythe specific versions oftheregulations being cited. ORC l21.75(D) exempts suchreferences fromthe requirements ofORC 121.71 through 121.74. This rule also contains references to analyticaltestmethods andprocedures usedto measurepollutant emissionrates, certifymonitoring equipment, andmeasure other parameters formaterials subjectto the requirements ofthis Chapter. Thesetest methods andprocedures are commonlyknown andutilizedbythe testing firms, laboratories, andregulated entities thatperformthis analyticalwork. Copies of thesetestmethods andprocedures are availablethrough libraries andtheASTM andUSEPA websites. Referencedmaterials are cited, dated, andtheir availabilitynotedinthe last paragraph ofOAC rule 3745-17-01.
9. Ifthe rule incorporates a text or other material by reference, and itwas 

### infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicablePage 3 Rule Number: 3745-17-03

10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 112612009 and 0411812014 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhaveno impactonrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:Page 4 Rule Number: 3745-17-03

This rule specifies the testmethods andprocedures thatmustbeusedin determining compliance withthe emissionlimitations and controlrequirements containedinrules 3745-17-07 through 3745-17-14. There are no costs of compliance associatedwiththis rule.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes Youmust complete the Environmentalrule Adoption/AmendmentFormin orderto complywithAm. Sub. 106 ofthe 121stGeneral Assembly.

## ACTION: Final 

# I DATE: 04/08/2009 8:07 AM]

Rule Summary and Fiscal Analysis (Part A) 

### Ohio EnvironmentalProtectionAgency Agency Name 

### Division ofAir Pollution Control (DAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### PaulJ.Braun Contact

### 614-644-2270 Phone 

### 614-644-3681 Fax


# 3745-17-14 Rule Number Rule TitlelTag Line 

# AMENDMENT TYPE of rule filing 

### Contingency plan requirements for Cuyahoga and Jefferson counties.

RULESUMMARY 1. Is the rule being filed consistentwith the requirements ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(E)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(E)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule is being amended to update severalrule citations to Ohio's AmbientAir Quality Standards.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule specifies contingencyplanrequirements for specific sources ofparticulate

[srylesheet: rsfhxs/2.06, authoring rool: EZ1, p: 44337, pa: 71939. ra: 184571. d: 222015)] print date: 08/1511009 03:19 PMPage 2 Rule Number: 3745-17-14

matteremissions that are locatedwithin Cuyahoga andJefferson Counties. An affected source mustcomplywith the more stringent emission limitations inthe rule ifambient airquality monitoring documents aviolation ofthe National AmbientAir Quality Standards for PMlOin the County inwhich the source is located. Therule is being amendedto modify citations inparagraphs (A)(5) and (C) ofthis rule andto make minorcorrections to match LSCs formatting requirements.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text orother material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). Although copies ofthese rules and statutes are generally available to thepublic through libraries and on-line sources, includingthe Ohio EPAwebsite, ORC 121.76(A) exempts suchreferences fromthe provisions ofORC 121.71 through 121.75.
9. Ifthe rule incorporates a text or other material by reference, and itwas 

### infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronicallywas infeasible: Not applicable
10. Ifthe rule is being 

### rescinded and incorporates a text or other material by reference, and it was 

### infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If 

### revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 2/1/2013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for thisPage 3 Rule Number: 3745-17-14
rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impact onrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains requirements for specificallynamed facilities in Cuyahoga and Jefferson county. These facilities havebeen in compliancewith these requirements since 1992 as required inthe rule, and as such, have alreadypreparedtheplans and contingencies requiredbythis rule, therefore, there is no longer acost of compliance withthis rule. The amendments to this rule do not add any additional costs ofcomplianceto this rule.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes Youmust complete the Environmentalrule Adoption!AmendmentForm in ordertoPage 4
comply withAm. Sub. 106 ofthe 121stGeneralAssembly. Rule Number: 3745-17-14

# r-·----ACTION: Finai-----] [DATE: 04/08/2009 

## 8:07AM

# J

Rule Summary and Fiscal Analysis (Part A) 

### Ohio EnvironmentalProtectionA2ency Agency Name 

### Division ofAirPollution Control (DAPC) Division 

### 50West Town Street. Suite 700 PO Box 1049 Columbus OH43216-1049 Agency Mailing Address (Plus Zip) 

### PaulJ.Braun Contact

### 614-644-2270 Phone 

### 614-644-3681 

### Fax


# 3745-18-02 Rule Number Rule Title/Tag Line 

# RESCISSION TYPE of rule filing 

### Ambient air quality standards; sulfur dioxide.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(D)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(D)
6. State the reason(s) for proposing (Le., why are you filing,) this rule: The contents ofthis rule arebeingmovedto OAC rule 

### 3745-25-02. To prevent duplicate language, this rule is beingrescinded.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: This rule contains the ambient airquality standards for sulfur dioxide inthe state of Ohio. To facilitate easieraccess to the ambient standards bytheregulated

[stvlesheel: rsfhxs12.06. authoring 100l: £Z1, p: 44337, pa: 71939. ra: 184589, d: 222(10)} printdate: 08/25/2009 03:20 PMPage 2 Rule Number: 3745-18-02
community, the standards arebeing consolidatedin OAC rule 3745-25-02. To preventhaving duplicate standards inthe rules, this rule is beingrescinded.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the textor other material is generally available to those persons: This rule contains references to the Code ofFederalRegulations (CFR). Theserules are generallyavailablethrough libraries, Ohio EPA andU.S. EPA web sites. CFR references have also been datedto reference the specific version ofthe rules. ORC 121.75 (D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Referencedmaterials are cited, dated and availabilitynotedin OAC rule 3745-18-01.
9. Ifthe rule incorporates a text or other material by reference, and itwas infeasible for the agencyto file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: Not applicable
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 1/26/2009 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required:Page 3 Rule Number: 3745-18-02

the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impact onrevenues or expenditures. $0.00 Not applicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the ambient air quality standards for sulfurdioxide inthe state of Ohio. Therequirements for complying with andmaintaining the standards are containedin otherrules. There is no cost ofcompliancewith establishing the standard.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes Youmust complete the Environmental rule Adoption!AmendmentFormin orderto comply withAm. Sub. 106 ofthe l2lst General Assembly.Page E-1 Rule Number: 3745-18-03
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected bythe proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to commentonthis rule during theperiod of November21,2008 to December23,2008. No comments were received onOhio EPA's draftrule language. A list ofinterestedparties willbe furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposingthe rules inthis package include:

[s(vlesheer: ruleem'ironmefllal.xsl2.15

.. authoring roo!: i4; 2.01 ;Hay21, 2003? (dl': 2, p: 44337

.. po: 71939, ra: 18458/, d: printdate: 0811512009 03:21 PMPage E-2

CleanAirAct Rule Number: 3745-18-03

40 CFRPart 50 ("National Primary and SecondaryAmbientAirQuality Standards") 40 CFRPart 51, SubpartH ("PreventionofAirPollutionEmergency Episodes") LSC Style andFormattingManual. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

## ACTION: Final [ DATE: 04/08/2009 

## 8:07

# AM]

Rule Summary and Fiscal Analysis (Part A) Ohio EnvironmentalProtectionAeency Agency Name 

### Division ofAirPollution Control (DAPC) Division 

### 50 WestTown Street, Suite 700 PO Box 1049 Columbus OH43216-1049 Agency Mailing Address (Plus Zip) 

### Paul

### J. Braun Contact

### 614-644-2270 Phone 

### 614-644-3681 

### Fax


# 3745-21-02 Rule Number Rule Title/Tag Line 

# RESCISSION TYPE of rule filing 

### Ambient airquality standards and euidelines.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(E)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A),3704.03(E)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The contents ofthis rule arebeing movedto OAC rule 3745-25-02. To prevent duplicate language, this rule is beingrescinded.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: This rule identifies theNationalAmbientAir Quality Standards for ozone and carbonmonoxide. To facilitate easieraccess to the ambient standards bythe

[stylesheer: rsfi:l.Xsl2.06. authoring lOOl: EZ1, p: 44337, pa: 71939, ra: 184588. d: 222009)] printdate: 08/25/2009 03:22 PMPage 2 Rule Number: 3745-21-02
regulatedcommunity, the standards are being consolidatedin OAC rule 3745-25-02. Topreventhaving duplicate standards inthe rules, this rule is being rescinded.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of howthe text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules and statutes are generally available to thepublicthrough libraries and on-line sources, includingthe Ohio EPAwebsite, ORC 121.76 (A) exempts suchreferences from theprovisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA andU.S. EPAwebsites. CFRreferences have also been datedto reference the specific version ofthe rules. ORC 121.75 (D) exempts suchreferences fromtherequirements ofORC 121.71 through 121.74. Referencedmaterials are cited, dated and availabilitynotedinparagraph (FF) of rule 3745-21-01 oftheAdministrative Code.
9. Ifthe rule incorporates a text or other material by reference, and itwas infeasible forthe agencyto file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: NotApplicable
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state 

### sp: NotApplicable.Page 3 Rule Number: 3745-21-02

12.119.032 Rule Review Date: 1/26/2009 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impactonrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the ambient airquality standards for ozone andcarbonmonoxide inthe state ofOhio. The requirements for complying with andmaintainingthe standards are contained in otherrules. There is no costofcompliancewith establishing the standard.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? YesPage 4 Rule Number: 3745-21-02

Youmustcomplete the Environmentalrule Adoption!AmendmentForm in orderto complywithAm. Sub. 106 ofthe 121stGeneralAssembly.

## ACTION: 

## Final

# ----J**~.---_._-----------** 

# J DATE: 04/08/2009 

## 8:07AM

Rule Summary and Fiscal Analysis (Part A) Ohio EnvironmentalProtectionAgency Agency Name 

### Division ofAirPollution Control (DAPC) Division 

### 50 WestTown Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### PaulJ. 

### Braun Contact

### 614-644-2270 Phone 

### 614-644-3681 Fax


# 3745-23-01 Rule Number Rule TitlelTag Line 

# NEW TYPE of rule filing 

### Definitions.

RULESUMMARY 1. Is the rule being filed consistentwith the requirements ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(D)
5. Statute(s) the rule, asfiled, amplifies or implements: 

### 3704.03(A),3704.03(D)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule is beingpromulgatedto relocate definitions and informationonreferenced materials used in OAC chapter 3745-23.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: The newrule language contains definitions andinformation onmaterials referenced in OAC chapter3745-23. The language is being movedfrom OACrule 3745-23-02

[szvlesheer:**r~fhxsl** 2.06, EZI. p: 44337, pa: 71939. ra: 184585, d: 222(25)] print date: 08/25/200903:23 PMPage 2 Rule Number: 3745-23-01

to create standardizationwithinthe airpollution controlrules ofthe State ofOhio, specifically, itis theprotocol ofOhio EPA to place the definitions and infonnation onreferencedmaterials inthe firstrule ofall airpollution controlrule chapters. Standardizingthe locationresults in greaterfamiliarity and ease ofuse ofair pollution controlrules by the regulated community.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). Theserules are generally availablethrough libraries, Ohio EPA andU.S. EPA web sites. CFR references have also been dated to reference the specific version oftherules. ORC 121.75 (D) exempts suchreferences from the requirements ofORC 121.71 through 121.74.
9. Ifthe rule incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronicallywas infeasible: NotApplicable
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 04/1812014 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.)Page 3 Rule Number: 3745-23-01
NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains definitions and information onmaterials referenced in OAC chapter 3745-23. There is no cost ofcompliance with this information.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes You must complete the Environmental rule Adoption!AmendmentFormin orderto comply withAm. Sub. 106 ofthe l21st General Assembly.

### Rule Summary and Fiscal Analysis (Part A) Ohio Environmental ProtectionA2ency Agency Name 

### Division ofAirPollution Control (DAPC) Division 

### 50 WestTown Street, Suite700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### PaulJ. 

### Braun Contact

### 614-644-2270 Phone 

### 614-644-3681 Fax


# 3745-23-02 Rule Number Rule Title/Tag Line 

# AMENDMENT TYPE of rule filing 

### Methods Of

### measurement.

RULESUMMARY 1. Is the rule being filed consistentwith the requirements ofthe RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(D)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(D)
6. State the reason(s) for proposing (Le., why are you filing,) this rule: Ohio EPA is filing this amendedrule as part ofareorganization ofourrules to consolidatethe ambient airquality standards forthe state ofOhio.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule establishes the analytical methods required formeasuring the ambient concentration ofnitrogendioxide in the state ofOhio.

(slylesheer: rs:fiJ.xsI2.06" authoring rool: EZ1, p: 44337, pa: 71939. ra: 184579, d: 222022)] printdate: 08/25;1009 03:30 PMPage 2 Rule Number: 3745-23-02

This rule is being amended as partofOhio EPA's effortto consolidatethe ambient airquality standards for the state ofOhio in a singlerule. The amendments to this rule are as follows: 1. Information onreferencedmaterials have been movedto OACrule 3745-23-01 andreferences to the material inthe leading paragraphhavebeen changedto match the amendment. 2. A reference to the location ofthe ambient airquality standardfornitrogen dioxide inparagraph (A) ofthis rule has been amendedto note the new locationin OAC rule 3745-25-02. 3. Aminortypographical changehas beenmade inparagraph (A) to matchLSC style and formatting conventions. Wehave changed "division (B) ofthis regulation" to "paragraph (B) ofthis rule".
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule also contains references to the Code ofFederalRegulations (CFR). These rules are generally availablethrough libraries, Ohio EPA andU.S. EPAwebsites. CFRreferences have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts suchreferences from therequirements ofORC 121.71 through 121.74. Referencedmaterials are cited, dated and availabilitynotedinOAC rule 3745-23-01.
9. Ifthe rule incorporates a text orother material by reference, and itwas infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronicallywas infeasible: NotApplicable
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.Page 3 Rule Number: 3745-23-02

11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: 

### NotApplicable.
12. 119.032 Rule Review Date: 1/26/2009 and 04/18/2014 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impactonrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule prescribes the methodby which ambientlevels ofnitrogen dioxide shall be determinedinthe state ofOhio. There is no costofcompliance with establishing an analytical method. The requirements forperforming the tests are containedin otherrules.Page 4 Rule Number: 3745-23-02

16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmentalrule Adoption!AmendmentFormin orderto complywithAm. Sub. 106 ofthe 121st GeneralAssembly.

# [_

.._---_._---- 

## . ACTION: FInal

Rule Summary and Fiscal Analysis (Part A) Ohio Environmental ProtectionAgency Agency Name Division ofAirPollution Control (DAPC) Division 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) PaulJ. Braun Contact614-644-2270 Phone 614-644-3681 Fax


# 3745-25-01 Rule Number Rule TitlelTag Line 

# NEW TYPE of rule filing Definitions.



### RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 4. Statute(s) authorizing agencyto adopt the rule: 3704.03(E), 3704.032
5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(D), 3704.03(E), 3704.032
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule is beingproposed as part ofthe 5 yearreview for OAC chapter 3745-25 as requiredby ORC 119.032.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: This newrule contains definitions andinformation onthe version and availability

r**s~vlesheer:** r4hxsl2.06. authoringrool: EZI, p: 4433i, pa: 71939. ra: 184583, d: 222(23)] print date: 08/25/2009 03:31 PMPage 2 Rule Number: 3745-25-01

ofitems referencedin OAC chapter 3745-25. OAC chapter 3745-25 is beingreorganizedto include language onthe ambient air quality standards inthe State ofOhio as well as the existingrequirements for air pollution emergency episodes. The existingtext ofOAC rule 3745-25-01, the chapter's "purpose statement", has beenmovedto OAC rule 3745-25-03. The new language inthis rule contains defmitions usedthroughtthis chapterand information onreferenceditems as requiredby ORC 121.72.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of howthe text or other material is generally available to those persons: This rule contains references to the Code ofFederalRegulations (CFR). These regulations are generally availablethrough libraries andthe Ohio EPA andUSEPA websites. The CFRreferences also have beendatedto identifythe specific versions ofthe regulations being cited. ORC l21.75(D) exempts suchreferences fromthe requirements ofORC 121.71 through 121.74. Referencedmaterials are cited, dated, andtheir availabilitynotedinparagraph (B) ofthis rule.
9. Ifthe rule incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Notapplicable


### 10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.


### 11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.Page 3 Rule Number: 3745-25-01

12. 119.032 Rule Review Date: 04/18/2014 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which thisproposedrule would increase I decrease either revenues Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impactonrevenues or expenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source foryour information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains definitions and information onitems referencedthroughout OAC chapter3745-25. There is no costofcompliancewiththe rule.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? 

### No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes Youmustcomplete the Environmentalrule Adoption/AmendmentFormin ordertoPage 4
comply withAm. Sub. 106 ofthe 121stGeneral Assembly. Rule Number: 3745-25-01

### --_._..

## _ ..

## _._-_
.._------_. 

## ACTION: Final

Rule Summary and Fiscal Analysis (Part A) 

### Ohio EnvironmentalProtectionAgency Agency Name 

### Division ofAirPollution Control (DAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paul

### J. Braun Contact

### 614-644-2270 Phone 

### 614-644-3681 Fax


# 3745-25-02 Rule Number Rule Title/Tag Line 

# NEW TYPE of rule filing 

### Ambientair quality standards.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(E), 3704.032
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A),3704.03(D), 3704.03(E),3704.032
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule is beingproposed as partofthe Ohio EPA's consolidation ofambient air quality standards inOhio and as partofthe 5 yearreview for OAC chapter3745-25 as requiredby ORC 119.032.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:

[szvlesheer: r4iJ.xsI2.06, authoring lOol: £Z1, p: 44337, pa: 71939. ra: 184581. d: 222020)] print date: 08/25/200903:34 PMPage 2 Rule Number: 3745-25-02

New OAC rule 3745-25-02 contains theprimary and secondary ambient airquality standards to be used in the state ofOhio. To facilitate easieraccess to the ambient standardsby the regulated community, Ohio EPA is combiningthe contents of OAC rules 3745-17-02, 3745-18-02, 3745-21-02, 3745-23-01, and 3745-71-02 into OAC rule 3745-25-02. Theplacementofthis rule in OAC chapter 3745-25 was intendedto bring togetherthe ambient airquality standards with the emergency episode criteria, which are relatedto the ambient standards. To create space to place the ambient standards in OAC rule 3745-25-02, the content ofall ofthe rules in OAC chapter 3745-25 havebeen shifted one numberupward. This will resultinthe creation ofone newrule, 3745-25-05. To preventhaving duplicate standards in therules, the rules that arebeing consolidatedinto OAC rule 3745-25-02 arebeingrescinded.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 ofthe Revised Code because the text or other material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of howthe text or other material is generally available to those persons: This rule contains references to the Code ofFederal Regulations (CFR). These regulations are generally available through libraries andthe Ohio EPA andUSEPA websites. The CFRreferences also havebeen dated to identifythe specific versions oftheregulations being cited. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Referencedmaterials are cited, dated, and their availabilitynotedinthe paragraph (B) ofOAC rule 3745-25-01.
9. Ifthe rule incorporates a text orother material by reference, and itwas 

### infeasible for the agency to file the text orother material electronically, provide an explanation ofwhy filing the text or other material electronicallywas infeasible: Not applicable
10. Ifthe rule is being 

### rescinded and incorporates a text or other material by reference, and it was 

### infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or othermaterial was infeasible: NotApplicable.Page 3 Rule Number: 3745-25-02

11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: 

### NotApplicable.
12.119.032 Rule Review Date: 04/18/2014 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues 

### Iexpenditures forthe agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impactonrevenues or expenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated bythe proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule establishes theprimary and secondary ambientairquality standards for the state ofOhio. Therequirementto monitor and conformto the ambient standards are found in otherOAC rules. There is no costofcompliance with establishing the standards.Page 4 Rule Number: 3745-25-02

16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? 

### Yes You must complete the Environmentalrule Adoption!AmendmentForm in orderto comply withAm. Sub. 106 ofthe 121stGeneral Assembly.

## [ A_C_T_IO_N_:_F_ill_a_l

__----' 

# [DATE: 08/11/20-09 8:00

# AM]

Rule Summary and Fiscal Analysis (Part A) Ohio Environmental ProtectionAgency Agency Name Division ofAirPollution Control (DAPC) Division 50 WestTown Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) PaulJ.Braun Contact614-644-2270 Phone 614-644-3681 Fax


# 3745-25-03 Rule Number Rule TitlelTag Line 

# AMENDMENT TYPE of rule filing Airpollution emergencies and episode criteria.



### RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 4. Statute(s) authorizing agency to adopt the rule: 3704.03(E), 3704.032
5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(D), 3704.03(E), 3704.032
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: Therule is beingproposedto fix atypographical errormade during the recent 5 yr review ofthis rule.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule was final filed to fulfill the requirements ofORe 119.032 (5yrreview) on**[s~vlesheet: r~fa.xsl**  2.06, authoring 1001: EZ1, p: 49897, pa: 84559. ra: 201170. d: 244099)] print date: 08/25/200903: 14PMPage 2 Rule Number: 3745-25-03
April 8, 2009. OnApril 10, 2009 itwas discoveredthat atypographical errorwhich hadnotbeen caughtduring the QA/QC oftherulepackagehad allowedthe ruleto be adoptedwith anincorrectAir QualityWarning Level. Afterdiscussions with LSC, itwas determinedthatthe errorwas too greatto fix throughthe Notice of non-complianceprocedure, so the rule is beingreproposedto JCARRwiththe amended language. There is only one changebeingmade. Paragraph (E)(5)(a) is being changedfrom "Photochemicaloxidants measured as ozone: Eighthundredmicrograms percubic meter (0.4parts permillionbyvolume), one-houraverage; or" to "Two thousand two hundred sixty micrograms percubic meter (1.2 parts permillionbyvolume), one-houraverage; or"
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This response leftblankbecausefilerspecifiedonline thatthe rule does not incorporate a textorothermaterialby reference.
9. Ifthe rule incorporates a text or other material by reference, and itwas infeasible forthe agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: This response leftblankbecausefilerspecifiedonline thatthe rule does not incorporate a textorothermaterialby reference.


### 10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and itwas infeasible for the agency to file the text orother material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.


### 11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.


### 12. 119.032 Rule Review Date: 4/18/2014Page 3 Rule Number: 3745-25-03 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.

. FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: The content oftherule lists the criteriajustifyingtheproclamation ofan air pollution "Alert", airpollution "Warning", or airpollution "Emergency" inthe state ofOhio. Therequirements for acting whenthese criteria aremet are containedin other OAC rules. There is no costofcompliance with establishingthese criteria.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes Youmustcomplete the Environmentalrule Adoption/AmendmentFormin ordertoPage 4
complywithAm. Sub. 106 ofthe 121stGeneralAssembly. Rule Number: 3745-25-03

## ACTION: Final --]

Rule Summary and Fiscal Analysis (Part A) Ohio Environmental ProtectionAgency Agency Name Division ofAirPollution Control (DAPC) Division 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) PaulJ. Braun Contact614-644-2270 Phone 614-644-3681 Fax


## 3745-25-04 Rule Number Rule Title/Tag Line 

# NEW TYPE of rule filing Airpollution emergency emission control action programs.



### RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 4. Statute(s) authorizing agency to adopt the rule: 3704.03(E), 3704.032
5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(D), 3704.03(E), 3704.032
6. State the reason(s) for proposing (Le., why are you filing,) this rule: This rule is beingproposed as partofthe Ohio EPA's consolidation ofambient air quality standards in Ohio and as part ofthe 5 yearreview for OAC chapter 3745-25 as requiredby ORC 119.032.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:

[szvlcsheer:**r~ra.xs12.06-,** authoring fool: EZ1, p: 44337, pa: 71939. ra: 184576, d: 222012j] print date: 08/15/1009 03:39 PMPage 2 Rule Number: 3745-25-04

Thisrule contains textmovedfrom existing OAC rule 3745-25-03. Therule discusses the requirements for emission control actionprograms andrequires that "Anypersonresponsible forthe operation ofa source ofaircontaminants which emits 0.25 tons perday ormore ofair contaminants for which airquality standards havebeenadopted shallprepare...[aplan]"

. To facilitate easieraccess to the ambient airquality standards (AAQS) ofthe state ofOhio bythe regulated community, Ohio EPA is consolidatingthem andmoving themto OAC chapter 3745-25. OAC chapter 3745-25 was chosen as the location forthis rule because it also contains Ohio's emergency episode standards. The emergency episode standards, basedonthe federal standards in40 CFRPart 51, SubpartH, setactionlevels above which airemergencies shallbe declared. Ifan emergency is declared, regulated communities and facilities mustimplementtheir emergency control actionprograms to reduce airborne concentrations ofthe six prioritypollutants backbelowthe emergency levels. Theplacementofthe AAQS rule inthis chapterwill combineboththe regular standards andthe emergency standards in one location. To make space fortheAAQS in OAC rule 3745-25-02, the text ofeach succeeding rule was displacedby onerule number. Forinstance, the existingtext ofOAC rule 3745-25-02 was movedto OAC rule 3745-25-03 and so on. Ohio EPA also performeda 5 yearreview ofthe existingtextinOAC chapter3745-25 andmade typo andformatting changes to matchLSCs style and formatting guidance and changes to comply withthe requirements ofORC 121.72 forreferencedmaterials.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). Although copies ofthese rules are generally available to thepublic through libraries and on-line sources, including the Ohio EPAwebsite, ORC 121.76(A) exempts such references fromtheprovisions ofORC 121.71 through 121.75.
9. Ifthe rule incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: NotApplicablePage 3 Rule Number: 3745-25-04

10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12.119.032 Rule Review Date: 04/18/2014 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date notto exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues /expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impactonrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:Page 4 Rule Number: 3745-25-04

This rule discusses therequirements for emission control actionprograms and requires that "Anypersonresponsible forthe operation ofa source ofair contaminants which emits 0.25 tons perday ormore ofair contaminants for which airquality standards havebeen adopted shallprepare...[aplan]". This rule requires sources that must obtain apermit-to-install and operate under OAC rule 3745-31-02 or apermit-to-operateunder OAC Chapter 3745-77 to submit an emissions control actionplan atthe timethey apply fortheirpermit. Paragraph (E) ofthis rule also allows the directorto request acopybe submittedwithin 30 days ofthe director's request from any facility meeting therequirements ofparagraph (A) ofthis rule. Please seethe attached fiscal analysis for adetailed description ofthe costof compliance with this rule.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes Youmust complete PartB ofthe Rule Summary andFiscal Analysis in orderto comply withAm. Sub. S.B. 33 ofthe 120th GeneralAssembly.
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes You must complete the Environmentalrule Adoption/AmendmentFormin orderto comply withAm. Sub. 106 ofthe 121stGeneralAssembly.----_._------------- 

## ACTION: Final

Page E-1 Rule Number: 3745-25-04
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to comment onthis rule during theperiod of November21,2008 to December23,2008. No comments werereceived on Ohio EPA's draftrule language. A list ofinterestedparties willbe furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposing the rules inthis package include:

rs(vlesheer: ruleenvirotlmenral.xs12.15,. aUThoring 1O0l: i4i2.011\1ay21,2003

.. (d\': 5, p: 44337. pa: /1939. ru: 184576; d: printdate: 08/25/2009 03:40 PMPage E-2

CleanAirAct Rule Number: 3745-25-04

40 CFRPart50 ("National Primary and SecondaryAmbientAir Quality Standards") 40 CFRPart51, SubpartH ("Prevention ofAirPollution Emergency Episodes") LSC Style and Formatting Manual (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approvalto administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No


### (0) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

## ___ A_C_T_I_O_N_:_F_ill_a_I

__

# J r--

## DATE-~**04/08/20098~7AM]**

Rule Summary and Fiscal Analysis (Part A) Ohio Environmental ProtectionAgency Agency Name Division ofAir Pollution Control (DAPC) Division 50 West Town Street, Suite 700 PO Box 1049 Columbus OR43216-1049 Agency Mailing Address (Plus Zip) PaulJ.Braun Contact614-644-2270 Phone 614-644-3681 

### Fax


# 3745-25-05 Rule Number Rule TitielTag Line 

# NEW TYPE of rule filing Airpollution emergency orders.



### RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 4. Statute(s) authorizing agencyto adopt the rule: 3704.03(E), 3704.032
5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(D), 3704.03(E),3704.032
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule is beingproposed as partofthe Ohio EPA's consolidation ofambient air quality standards in Ohio and as partofthe 5 yearreview for OAC chapter 3745-25 as requiredby ORC 119.032.**7~** Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:

[s(vlesheer: rsfhxsI2.06, authoring lOol: £Z1, _p: 44337, pa: 71939. ra: 184575, d: 222(11)J print date: 08/25/200903:41 PMPage 2 Rule Number: 3745-25-05

This rule discusses emergency orders thatmaybe issuedby the director ofOhio EPA ifitis determinedthat an airpollution episode ("Alert", "Warning", or "Emergency") exists. To facilitate easieraccess to the ambient airquality standards (AAQS) ofthe state ofOhio bytheregulated community, Ohio EPA is consolidating them andmoving themto OAC chapter3745-25. OAC chapter 3745-25 was chosen as the location forthis rulebecause italso contains Ohio's emergency episode standards. The emergency episode standards, based onthe federal standards in40 CFRPart51, SubpartH, set actionlevels above which airemergencies shallbe declared. Ifan emergency is declared, regulated communities andfacilities mustimplementtheir emergency control actionprograms to reduce airborne concentrations ofthe six prioritypollutants backbelow the emergencylevels. The placementofthe AAQS rule inthis chapterwill combineboththe regular standards andthe emergency standards in one location. To make space fortheAAQS in OAC rule 3745-25-02, thetext ofeach succeeding rule was displacedby onerulenumber. Forinstance, the existing text ofOAC rule 3745-25-02 was movedto OAC rule 3745-25-03 and so on. Newrule 3745-25-05 is the resultmoving the text ofexistingrule 3745-25-04. Ohio EPA also performeda 5 yearreview ofthe existing textin OAC chapter3745-25 andmade typo and formatting changes to matchLSCs style and formatting guidance'and changes to complywith the requirements ofORC 121.72 forreferencedmaterials.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 ofthe Revised Code because the text or other material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). Although copies oftheserules are generally available to thepublic through libraries and on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such references from theprovisions ofORC 121.71 through 121.75.
9. Ifthe rule incorporates a text or other material by reference, and itwas 

### infeasible for the agency to file the text or other material electronically, proVide an explanation ofwhy filing the text or other material electronicallywas infeasible: NotApplicable
10. Ifthe rule is being 

### rescinded and incorporates a text or other material byPage 3 Rule Number: 3745-25-05 reference, and it was infeasible forthe agency to file the text orother material, provide an explanation ofwhy filing the text orother material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12.119.032 Rule Review Date: 04/1812014 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues Iexpenditures forthe agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impactonrevenues or expenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule discusses emergency orders thatmaybe issuedby the director ofOhio EPA ifitis determined that an airpollution episode exists. Please see the attachedPage 4 Rule Number: 3745-25-05

fiscal analysis for adescription ofthe costofcompliance with this rule.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes Youmustcomplete PartB ofthe Rule Summary andFiscalAnalysis in orderto comply withAm. Sub. S.B. 33 ofthe 120thGeneral Assembly.
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes You must complete the Environmentalrule Adoption/AmendmentFormin orderto comply withAm. Sub. 106 ofthe 121stGeneral Assembly.,-._-------------_..

### _-- 

## ACTION: Final

Rule Summary and Fiscal Analysis (Part A) Ohio Environmental ProtectionAgency Agency Name Division ofAirPollution Control (DAPC) Division 50 WestTown Street, Suite 700 PO Box 1049 Columbus OR43216-1049 Agency Mailing Address (Plus Zip) PaulJ. Braun Contact614-644-2270 Phone 614-644-3681 Fax


## 3745-71-02· Rule Number Rule Title/Tag Line 

# RESCISSION TYPE of rule filing Ambient air quality standards

- lead.



### RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 4. Statute(s) authorizing agency to adopt the rule: 3704.03(D)
5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(D)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The contents ofthis rule are beingmovedto OAC rule 3745-25-02. To prevent duplicate language, this rule is beingrescinded.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: This rule contains the ambientairqualities standards for leadinthe state ofOhio. To facilitate easieraccess to the ambient standards bythe regulated community, the

[s(vlesheer:**r~f{l.xsI2.06.** authoringfOol: Ell, p: 44337, pa: 71939. ra: 184574. d: 222(18)J printdate: 08/25/2009 03:42 PMPage 2 Rule Number: 3745-71-02

standards arebeing consolidatedin OAC rule 3745-25-02. To preventhaving duplicate standards intherules, this rule is being rescinded.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation of how the text or other material is generally available to those persons: This response leftblankbecausefilerspecifiedonline thatthe rule does not incorporate a textorothermaterialby reference.
9. Ifthe rule incorporates a text or other material by reference, and itwas infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: This response leftblankbecausefilerspecifiedonline thatthe rule does not incorporate a textorothermaterialby reference.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text orother material, provide an explanation ofwhy filing the text or other material was infeasible: This response leftblankbecausefilerspecifiedonline thatthe rule does not incorporate a textorothermaterials by reference.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 1/26/2009 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.Page 3

FISCAL ANALYSIS Rule Number: 3745-71-02

13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impact onrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the ambient airquality standards for leadinthe state ofOhio. Therequirements for complying with andmaintaining the standards are contained in otherrules. There is no costofcompliance with establishingthe standard.
16. Does this rule have afiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes Youmust complete the Environmentalrule Adoption!AmendmentFormin orderto comply withAm. Sub. 106 ofthe 121stGeneral Assembly.

## [ A_C_T_I_O_N_:_F_in_a_I

__---l
Page E-1 Rule Number: 3745-17-02
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121 st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule oramendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to comment onthis rule during theperiod of November21,2008 to December23,2008. No comments werereceived on Ohio EPA's draftrule language. A listofinterestedparties willbe furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The listofitems reviewedpriorto proposing therules inthis package include:

[szvleshcer: ruleenviroflfllemal.xs12.15. authoring rool: i4i2.01**Jlll~r** 21,2003, (til>: 6, p: 44337. pa:,71939, ra: 184573, d: print date: 08/25/2009 03: 17 PMPage E-2

CleanAirAct. Rule Number: 3745-17-02

40 CFRPart50 ("National Primary and SecondaryAmbientAirQuality Standards") 40 CFRPart51, SubpartH ("Prevention ofAirPollutionEmergencyEpisodes") LSC Style and Formatting Manual. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted undera state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

## [ A_C_T_IO_N_:_F_in_a_l

_ Page E-1 

## [ DATE: 

## 04/08/2009--8:07AM

# l

Rule Number: 3745-17-03
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to comment onthis rule during theperiod of November21,2008 to December23,2008. No comments were received on Ohio EPA's draftrule language. A list ofinterestedparties willbe furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposing therules inthis package include:

[szvlesheet: ruleenvironmenral.xs12.15. af.f!horing rool: ;4;2.01 IH,{V21,2003, (dl': 3, p: 44337, pa: 71939, ra: 184572, d: print date: 08/2)/200903:18 PMPage E-2

CleanAirAct Rule Number: 3745-17-03

40 CFRPart50 ("National Primary and SecondaryAmbientAir Quality Standards") 40 CFRPart51, SubpartH ("Prevention ofAirPollutionEmergency Episodes") LSC Style andFormatting Manual. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

## ___ A_C_T_I_O_N_:_F_ill_a_I 

# l

Page E-1 

# '-DATE: 04/08/2009 

## 8:07AM]

Rule Number: 3745-17-14
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 ofthe 121 st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.



### (A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes 

### Please list each contact. Ohio EPA invitedinterestedparties to comment onthis rule during theperiod of November21,2008 to December23, 2008. No comments werereceived on Ohio EPA's draftrule language. A listofinterestedparties willbe furnishedupon request. 

### (B) Was documentation that is relevantto the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes 

### Please listthe information provided and attach 

## a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The listofitems reviewedpriorto proposingtherules inthis package include:

[szvlesheel: ruleenvironmcmal.xsl 2.15. authoring rool: i4i2.01 A1ay21,2003, (dl': 2, p: 44337. pa: 71939, ra: 184571, d: print date: 08/25/2009 03: 19 PMPage E-2

CleanAirAct Rule Number: 3745-17-14

40 CFRPart50 ("National Primary and SecondaryAmbientAir Quality Standards") 40 CFRPart51, SubpartH ("Prevention ofAirPollutionEmergency Episodes") LSC Style andFormatting Manual. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringentthan its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable._-----_._----_._--_._.- 

## ACTION: Final

Page E-1 Rule Number: 3745-18-02
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, astate agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to comment onthis rule during theperiod of November21,2008 to December23,2008. No comments werereceivedon Ohio EPA's draftrule language. A list ofinterestedparties will be furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please listthe information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposing therules inthis package include:

[s!..vlesheer: ruleenvironmemal.xs12.15. aurhoring tool: i4; 2.011Ha.r21,2003. rdl': 2, p: 44337, pa: 71939. ra: 184589, d: print date; 08/25/2009 03:20 PMPage E-2

CleanAirAct Rule Number: 3745-18-02

40 CFRPart50 ("National Primary and SecondaryAmbientAirQuality Standards") 40 CFRPart51, SubpartH ("Prevention ofAirPollutionEmergency Episodes") LSC Style andFormatting Manual. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No 

### (0) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

# [-- 

# --.-...--.----..-.--.--J ACTION: Final ,.------- --_._._----_.- 

## DATE: 04/08/2009 

## 8:07AM

Rule Summary and Fiscal Analysis (Part A) 

### Ohio EnvironmentalProtection**A~ency** Agency Name 

### Division ofAirPollution Control (DAPC) Division 

### 50 WestTown Street, Suite 700 PO Box 1049 Columbus OH43216-1049 Agency Mailing Address (Plus Zip) 

### PaulJ.Braun Contact

### 614-644-2270 Phone 

### 614-644-3681 Fax


# 3745-18-03 Rule Number Rule Title/Tag Line 

# AMENDMENT TYPE of rule filing 

### Attainmentdates and compliancetime schedules.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(E)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(E)
6. State the reason(s) for proposing (Le., why are you filing,) this rule: This rule is being amendedto update severalrule citations to Ohio's AmbientAir Quality Standards.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule defines the attainmentdates forthe ambient standards andthe compliancetime schedules forpreviously affectedfacilities.

[szvlesheer.: rsfhxs12.06, authoringLOol: EZI, p: 44337, pa: 71939. ra: 184587, d: 222(08)J [Jrint date: 08/25/2009 03:21 PMPage 2 Rule Number: 3745-18-03

This rule is being amendedprimarily to updateseveralrule citations to Ohio's AmbientAir Quality Standards. Ohio EPA is also taking advantage to correct severaltypos and make some changes requiredby LSC formatting standards.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). Theserules are generally available through libraries, Ohio EPA andU.S. EPAweb sites. CFR references have also been dated to referencethe specific version ofthe rules. ORC 121.75 (D) exempts suchreferences from therequirements ofORC 121.71 through 121.74.
9. Ifthe rule incorporates a text or other material by reference, and itwas 

### infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text orother material electronicallywas infeasible: Not applicable
10. Ifthe rule is being 

### rescinded and incorporates a text orother material by reference, and itwas 

### infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the textor other material was infeasible: NotApplicable.
11. If 

### revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 1/23/2011 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required:Page 3 Rule Number: 3745-18-03
the current review date plus a date not to exceed 5 years from the effective date forAmended rules ora date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase/ decrease either revenues /expenditures forthe agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department.

. This will haveno impactonrevenues orexpenditures. $0.00 NotApplicable
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule defines the attainmentdates for the ambient standards andthe compliance time schedules forpreviously affected facilities. There is no costofcompliance with establishing an attainmentdate. The amendments to this rule do not add any costofcompliance.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes Youmustcomplete the Environmentalrule Adoption!AmendmentFormin orderto complywithAm. Sub. 106 ofthe 121stGeneral Assembly.

## [-_.- ACTION:**Fin~l-·-------·---l**


### Page E-1 

## DATE: 04/08/2009 

## 8:07AM

Rule Number: 3745-21-02
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.



### (A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes 

### Please list each contact. Ohio EPA invitedinterestedparties to commenton this rule during the period of November21,2008 to December23,2008. No comments were received on Ohio EPA's draftrule language. A list ofinterestedparties willbe furnishedupon request. 

### (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes 

### Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The listofitems reviewedpriorto proposing therules in this package include:

[szvlesheet: ruleenvirollll1cntal.xs/2.15, authoringfOol: i4i 2.01 J1a.v 21,2003, {dl': 1. p: 44337. pa: 71939, fa: 184588, d: print date: 08/25/200903:22 PMPage E-2

CleanAirAct Rule Number: 3745-21-02

40 CFRPart 50 ("NationalPrimary and SecondaryAmbientAir Quality Standards") 40 CFRPart 51, SubpartH ("PreventionofAirPollutionEmergency Episodes") LSC Style andFormatting Manual. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringentthan its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

# [---------

- 

## ACTION: Final

Page E-1 Rule Number: 3745-23-01
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121 st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the· proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevantto the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected bythe proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to commentonthis rule during theperiod of November21,2008 to December23,2008. No comments were received on Ohio EPA's draftrule language. A list ofinterestedparties will be furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposingtherules inthis package include:

[sTylesheel: ruleenvirotlt1le!1lal.xsI2.15, authoring lOol: i4i2.01 Jfa..r21,2003, (d\': 1, p: 44337. pa: 71939. ra: 184585, d: printdate: 08/25/1009 03:23 PMPage E-2

CleanAirAct Rule Number: 3745-23-01

40 CFRPart50 ("NationalPrimary and SecondaryAmbientAirQuality Standards") 40 CFRPart 51, SubpartH ("Prevention ofAirPollutionEmergencyEpisodes") LSC Style andFormatting Manual (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in afederal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

## ACTION:**Fi~al** 

# ----J

Page E-1 Rule Number: 3745-23-02
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to commentonthis rule during theperiod of November21,2008 to December23,2008. No comments were received on Ohio EPA's draftrule language. A list ofinterestedparties willbe furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposingtherules inthis package include:**[s~vlesheer:** ruleenvirotlmcmal.xs/2.15. authoring lOol: 14i 2.011\1a)'21,2003, {dl': 4. p: 44337, pa: 71939. ra: 184579, d: print date: 08/25!2009 03:30 PMPage E-2

CleanAirAct Rule Number: 3745-23-02

40 CFRPart 50 ("National Primary and SecondaryAmbientAir Quality Standards") 40 CFRPart 51, SubpartH ("Prevention ofAirPollutionEmergency Episodes") LSC Style and FormattingManual. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted undera state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable--_.._--_._-_._------_._-_. 

## ACTION: Final

Page E-1 

# I DATE: 04/08/2009 

## 8:07 AM]

Rule Number: 3745-25-01
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121 st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to commentonthis rule during theperiod of November21,2008 to December23,2008. No comments werereceived on Ohio EPA's draftrule language. A listofinterestedparties willbe furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposingtherules inthis package include:**[s~vlesheer:** rlJlecnvironmenral.xs/2.15, aUThoring roof: i4i 2.01 lHa..r]1,2003, rdJ': 2. p: 44337: pa: 71939, ra: 184583, d: print date: 08!25/2009 03:31 P:VlPage E-2

CleanAirAct Rule Number: 3745-25-01

40 CFRPart 50 ("National Primary and SecondaryAmbientAirQuality Standards") 40 CFRPart 51, SubpartH ("Prevention ofAirPollutionEmergency Episodes") LSC Style and Formatting Manual (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No


### (0) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicablePage E-1 

# [DATE: 04/08/2009 8:07 AM 

# I

Rule Number: 3745-25-02
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal· counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevantto the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to commentonthis rule during theperiod of November21,2008 to December23,2008. No comments werereceived on Ohio EPA's draftrule language. A listofinterestedparties willbe furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please listthe information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposing the rules inthis package include:

rslylesheer: lOol: i4i 2.01 mar .". "",'w 2. p: 44337. pa: 71939. ra: 184582. d: print date: 08/25/2009 03:36 PMPage E-2

CleanAirAct Rule Number: 3745-25-02

40 CFRPart 50 ("National Primary and SecondaryAmbientAir Quality Standards") 40 CFRPart51, SubpartH ("Prevention ofAirPollutionEmergency Episodes") LSC Style andFormatting ManuaL (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

## [_.

__A--,-C_T_I_O_N_:F_i_na_l

__

## ~----,
Page E-1 ,...----_._------ 

## DATE: 08111/2009 8:00AM

Rule Number: 3745-25-03
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121 st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, astate agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Therule was final filed onApril 8, 2009. On April 10, 2009, itwas detenninedthat atypographical errorinthis rule hadincorrectly identified one ofthe Air Quality WarningLevels. Thepublic commentperiodwillbeheldinconjunctionwiththe proposal commentperiodinthe 30 days leadingup to the PublicHearing. A public hearing notice willbe sentto Ohio EPA's standardinterestedparties notification list as well as beingpostedinthe 12 majornewspapers statewide. A copy ofOhio EPA's interestedparties notification listcanbeprovideduponrequest. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

[s(vlesheet: ruleenvironmenral.xs12.15,. authoring rool: i4i 2.01 :Hay21,2003, (dl'." 1, p: 49897. pa: 84559. ra: 201170, d: printdate: 08/151100903:14 PM·Page E-2 Rule Number: 3745-25-03

The change was due to areview ofthe adoptedlanguage ofthe rule and comparison withthe previously effective language. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No 

### (D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable-------_._--------------, 

## ACTION: Final

Page E-1 Rule Number: 3745-25-05
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121 st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevantto the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invited interestedparties to comment onthis rule during the period of November21,2008 to December23,2008. No comments were received on Ohio EPA's draftrule language. A list ofinterestedparties willbe furnished upon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposingtherules inthis package include:**[s~vlesheel:** ruleenvironm£'mal.xs12.15,. aurhoring rool: i4i2.011Hay 21, 2003, (dJ': 6, p: 44337. pa: 71939, I'D: 184575, d: printdate: 08/2,/2009 03:42 PMPage E-2

CleanAirAct Rule Number: 3745-25-05

40 CFRPart 50 ("National Primary and SecondaryAmbientAirQuality Standards") 40 CFRPart 51, SubpartH ("Prevention ofAirPollution Emergency Episodes") LSC Style and Formatting Manual (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted undera state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

# · ---.---.--..-------J ACTION: Final

Page E-1 Rule Number: 3745-71-02
Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. Ohio EPA invitedinterestedparties to commentonthis rule during theperiod of November21,2008 to December23,2008. No comments were received on Ohio EPA's draftrule language. A list ofinterestedparties willbe furnishedupon request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) The list ofitems reviewedpriorto proposingtherules inthis package include:

[srylesheet: ruleem'ironlllcmal.xsI2.15. aurhoring roo!.' i4i2JJl .May21,2003: (d\'." 5, p: 44337. pa: 71939. ra: 184574, d: print date: 08/251.2009 03:43 PMPage E-2

CleanAirAct Rule Number: 3745-71-02

40 CFRPart 50 ("National Primary and SecondaryAmbientAir Quality Standards") 40 CFRPart 51, SubpartH ("Prevention ofAirPollutionEmergency Episodes") LSC Style andFormattingManual. (C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

# Article III Attachment 

# C JCARR Agenda

### FINAL AGENDA JOINT COMMITTEE ON AGENCY RULE REVIEW Agenda

- 3/30/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121)



## Consent FINAL AGENDA

1 Accountancy Board· Total Rules: 2 Original Filing Date: 1/30/2009 Jurisdiction Ends: 4/5/2009 Public Hearing: 3/4/2009**Rule~** Action FYR? Rule Number Rule Title Rescission Original Filing Yes 4701-3-06 Conditional admission to the CPA examination. New Rule Original Filing No 4701-3-06 Conditional admission to the CPA examination. 2 Bure,au ofWorkers' Compensation • Division of Safety and Hygiene Total Rules: 9 Original Filing Date: 1/16/2009 Date of Refiled Filing: 3/16/2009 Jurisdiction Ends: 4/15/2009 Public Hearing: 2/25/2009 Rule.1Ytlli Action FYR? Rule Number Rule Title Amel1dment Refiled Filing Yes 4123:1-3-03 Personal protective equipment. Amel1dment Refiled Filing Yes 4123: 1-3-07 Cranes, hoists, and derricks. Amendment Refiled Filing Yes 4123: 1-3-08 Ropes, chains and slings. Amendment Refiled Filing Yes 4123:1-3-10 Scaffolding. Amendment Refiled Filing Yes 4123:1-3-11 Ladders. Amendment Refiled Filing Yes 4123:1-3-12 Portable explosive-actuated fastening tools. Amendment Refiled Filing Yes 4123:1-3-13 Trenches and excavations. Amendment Refiled Filing Yes 4123:1-3-16 Tunnels and shafts, caissons, cofferdams, and compressed air. Amendment Refiled Filing Yes 4123:1-3-18 Heating, ventilating and exhaust equipment. 3 Bureau ofWorkers' Compensation· Division of Safety and Hygiene Totall Rules: 1 Original Filing Date: 1/16/2009 Date of Refiled Filing: 3/6/2009 Jurisdiction Ends: 4/5/2009 Public Hearing: 2/25/2009**Rule~** Action FYR? Rule Number Rule Title Amendment Refiled Filing Yes 4123:1-21-01 Scope and definitions. Total Rules: 1 Original Filing Date: 1/16/2009 Date of Refiled Filing: 3/16/2009 Jurisdiction Ends: 4/15/2009 Public Hearing: 2/25/2009 Rule-.1YR.e. Action FYR? Rule Number Rule Title

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 1·3/30/2009FINAL AGENDA 

### JOINT COMMITTEE ON AGENCYRULE REVIEW 3/30/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Amendment Refiled Filing Yes 4123:1-21-02 Personal protective clothing and equipment for structural fire fighting. 4 Counselor. Social Worker. and Marriage and Family Therapist Board· Total Rules: 3 Original Filing Date: 1/30/2009 Jurisdiction Ends: 4/5/2009 Public Hearing: 3/3/2009**Rule~** Action .E:LB1 Rule Number Rule Title New Rule Original Filing No 4757-27-01 Scope of practice ofa marriage and family therapist. New Rule Original Filing No 4757-27-02 Scope of practice ofan independent marriage and family therapist. Amendment Original Filing Yes 4757-29-01" Marriage and family therapy supervision. S Department ofAdministrative Services· Division of EEO for Construction Totall Rules: 1 Original Filing Date: 2/10/2009 Date of Revised Filing: 2/18/2009 Jurisdiction Ends: 4/16/2009 Public Hearing: 3/18/2009**Rule~** Action FYR? Rule Number Rule Title Amendment Revised Filing Yes 123:2-15-01 Application for certification as a minority business enterprise. 6 Department ofAdministrative Services· Division of Human Resources Total Rules: 1 Original Filing Date: 2/5/2009 Jurisdiction Ends: 4/11/2009**Rule~** Action FYR? Rule Number Rule Title Amendment Original Filing No 123:1-46-06 Employee exchange program. 7 Department ofAdministrative Services· Division of Human Resources Public Hearing: 3/17/2009

Total Rules: 1 Original Filing Date: 2/6/2009 Jurisdiction Ends: 4/12/2009 Public Hearing: 3/11/2009**Rule~** Action FYR? Rule Number Amendment Original Filing Yes 123:1-3-01 Amendment Original Filing Yes 123:1-7-15 Amendment Original Filing Yes 123:1-7-21 Amendment Original Filing Yes 123:1-8-02 Rescission Original Filing Yes 123:1-24-06 Rescission Original Filing Yes 123:1-24-08**Rule~** Action FYR? Rule Number Rule Title Amendment Original Filing Yes 123:1-7-17 Classifications for state-supported colleges and universities, and county offices. 8 Department ofAdministrative Services· Division of Human Resources Total Rules: 6 Original Filing Date: 2/6/2009 Jurisdiction Ends: 4/12/2009 Public Hearing: 3/11/2009 Rule Title Position audits. State managerial and supervisory classifications. Classifications for the office of the attorney general. Classifications for county offices. Same or similar state classifications. Same or similar classifications for county offices and state-supported colleges and universities.FINAL AGENDA 

### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/30/2009

- 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Rule Title Insuring overthe standard survey exception in title insurance policies. Rule Title Valuation of life insurance policies. Permitting the recognition of preferred mortality tables for use in determining minimum reserve liabilities. Rule Title Rule for the operation ofthe education management information system. Definitions. Procedures for submitting data and presenting information. Requirements of a college, university, or other institution of higher education to be approved to prepare individuals for pre-kindergarten associate certification. Requirements of a two year college to be approved to prepare individuals for associate licensure. Procedure for a college, university, or other institution of higher education to be approved to offer pre-kindergarten associate certification programs. Procedures for a two orfour year college or university to be approved to offer associate licensure programs. Evaluation of colleges, universities, or other institutions of higher education approved to prepare individuals for pre-kindergarten associate certification. Evaluation oftwo-year colleges approved to prepare individuals for associate licensure. 9 Department of Education· Total Rules: 9 Original Filing Date: 1/28/2009 Rule-b1lli Action FYR? Rule Number Amendment Original Filing Yes 3301-14-01 Amendment Original Filing Yes 3301-19-01 Amendment Original Filing Yes 3301-19-03 Rescission Original Filing Yes 3301-21-05 New Rule Original Filing No 3301-21-05 Rescission Original Filing Yes 3301-21-06 New Rule Original Filing No 3301-21-06 Rescission Original Filing Yes 3301-21-07 New Rule Original Filing No 3301-21-07 10**~artment** of Insurance· Total Rules: 2 Original Filing Date: 2/6/2009**Rule~** Action FYR? Rule Number Amendment Original Filing Yes 3901-6-10 Amendment Original Filing Yes 3901-6-12 11 Department of Insurance· Total Rules: 1 Original Filing Date: 2/6/2009 Rule Tyt& Action FYR? Rule Number New Rule Original Filing No 3901-7-05 12 Department of Job and Family Services· Division of Food Stamps Total Rules: 2 Original Filing Date: 2/11/2009 RuIEUyt& Action FYR? Rule Number Rule Title Jurisdiction Ends: 4/3/2009

Jurisdiction Ends: 4/12/2009

Jurisdiction Ends: 4/12/2009

Jurisdiction Ends: 4/17/2009 Public Hearing: 3/9/2009

Public Hearing: 3/9/2009

Public Hearing: 3/9/2009

Public Hearing:

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 3·3/30/2009FINALAGENDA 

### JOINT COMMITTEE ONAGENCYRULE REVIEW 3/30/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Amendment Original Filing No 5101 :4-2-07 Food stamps: interviewing assistance group (AGs). Amendment Original Filing No 5101 :4-7-07 Food stamps: reapplication. 13 Department of Job and Family Services' Division of Food Stamps Total Rules: 1 Original Filing Date: 2/13/2009 Date of Revised Filing: 2/18/2009 Jurisdiction Ends: 4/19/2009 Public Hearing:**Rule~** Action FYR? Rescission Revised Filing Yes Total Rules: 1 Original Filing Date: 2/13/2009Rule Number Rule Title 5101 :4-4-23 Food stamps: deductions from income. Date of Revised Filing: 3/13/2009 Jurisdiction Ends: 4/19/2009 Public Hearing:

Public Hearing: 3/17/2009 Public Hearing: 3/2/2009

Jurisdiction Ends: 4/17/2009 Jurisdiction Ends: 4/2/2009

5101:3-11-02 5101 :3-11-02 Rule Number 5101 :3-11-01

No Yes No Original Filing Original Filing New Rule Rescission Amendment Original Filing Rule Title Independent laboratory, x-ray supplier, and independent diagnostic testing facility: definitions. Independent laboratory, portable x-ray supplier, and independent diagnostictesting facility: eligible providers. Provider requirements: independent laboratory, portable x-ray supplier, independent diagnostic testing facility (IDTF), mammography supplier, and other providers of laboratory services. 15 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 3 Original Filing Date: 2/11/2009 RulEUyW Action FYR? Rule Number Rule Title New Rule Revised Filing No 5101 :4-4-23 Food assistance: deductions from income. 14 QgQartment of Job and Family Services' Division of Medical Assistance Total Rules: 3 Original Filing Date: 1/27/2009**RuIE~** Action FYR?

RulH Type Action FYR? Rule Number Rule Title AmHndment Original Filing Yes 5101 :3-4-23 Covered ambulatory surgery center (ASC) surgical procedures. AmEmdment Original Filing Yes 5101 :3-22-02 Covered ambulatory surgery center services. Amendment Original Filing Yes 5101 :3-22-03 Reimbursement offacility services in an ambulatory surgery center. 16 De(lJartment ofJob and Family Services· Division of Medical Assistance Total Rules: 1 Original Filing Date: 2/10/2009 Jurisdiction Ends: 4/16/2009 Public Hearing: Rule Type Action FYR? Rule Number Rule Title Rescission Original Filing Yes 5101 :3-23-02 Disability medical assistance (DMA) access-determined health care. 17 Department ofJob and Family Services' Division of Medical AssistanceFINAL AGENDA 

### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/30/2009

- 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Total Rules: 2 Original Filing Date: 1/12/2009 Date of Refiled Filing: 3/11/2009 Jurisdiction Ends: 4/10/2009 Public Hearing: 2/13/2009

5101 :3-51-06 5101:3-51-04 Rule Number

No No
Amendment Refiled Filing Amendment Refiled Filing Rule Title HOME choice ("Helping Ohioans Move, Expanding Choice") demonstration program: definitions of the covered services and program service limitations, provider qualifications and specifications. HOME choice ("Helping Ohioans Move, Expanding Choice") demonstration program: reimbursement rates and billing procedures. 18 Depalrtment ofJob and Family Services· Division of Public Assistance Total Rules: 1 Original Filing Date: 2/10/2009 Jurisdiction Ends: 4/16/2009 Public Hearing: 3/17/2009

Original Filing Date: 2/10/2009 Public Hearing: 3/17/2009

5101:1-2-10 Rule Title The application process for Ohio works first (OWF), disabilityfinancial assistance (DFA), and refugee cash assistance (RCA). Date of Revised Filing: 2/25/2009 Jurisdiction Ends: 4/16/2009 Rule Number Rule Title Ohio works first (OWF)/disability financial assistance (DFA)/refugee cash assistance (RCA): the reapplication requirement. 5101 :1-2-01 Rule Number Amendment Original Filing No Total Rules: 1

Amendment Revised Filing No 19 Department ofJob and Family Services· Division of Social Services Total Rules: 17 Original Filing Date: 2/10/2009 Jurisdiction Ends: 4/16/2009 Public Hearing: 3/17/2009**Rule~** Action FYR? Rule Number Amendment Original Filing Yes 5101:2-5-11 Amendment Original Filing Yes 5101 :2-5-23 Amendment Original Filing Yes 5101 :2-5-27 Amendment Original Filing Yes 5101 :2-5-28 Amendment Original Filing Yes 5101:2-5-29 Amendment Original Filing Yes 5101 :2-5-36 Amendment Original Filing Yes 5101:2-5-37 Amendment Original Filing Yes 5101 :2-7-03 Amendment Original Filing Yes 5101 :2-7-04 Amendment Original Filing Yes 5101 :2-7-05 Rule Title Complaint handling. Form and duration ofa foster home certificate. Termination of a foster home certificate. Cause for denial of initial certification, denial of recertification or revocation of a foster home certificate. Foster home records. Additional requirements for an agency that acts as a representative of ODJFS in recommending treatment foster homes for certification. Additional requirements for an agency that acts as a representative of ODJFS in recommending medically fragile foster homes for certification. The care and treatment team. Records and confidentiality. Sleeping arrangements.
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### JOINT COMMITTEE ON AGENCYRULE REVIEW 3/30/2009 -1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Amendment Original Filing Yes 5101:2-7-06 Amendment Original Filing Yes 5101 :2-7-07 Amendment Original Filing Yes 5101:2-7-09 Amendment Original Filing Yes 5101:2-7-10 Amendment Original Filing Yes 5101:2-7-12 AmenClment Original Filing Yes 5101:2-7-13 Amendment Original Filing Yes 5101:2-7-17 Meals. Health services. Care, supervision and discipline. Care of afoster child under age two. Site and safety requirements for a foster home. Foster home certificate. Additional requirements for a medicallyfragile foster caregiver and a medically fragile foster home.

Public Hearing: 3/11/2009 Public Hearing: 3/5/2009 Public Hearing: 10/1/2008

Jurisdiction Ends: 4/12/2009 Jurisdiction Ends: 4/5/2009 Jurisdiction Ends: 4/412009

5101 :6-2-37 No Revised Filing New Rule Date of Revised Filing: 2/9/2009 Rule Number Rule Title Notices of enrollment, continued enrollment, or provider change denial for the managed care plan controlled substances and member management program. 22 Department of Natural Resources • Division of Mineral Resources Management-Coal Total Rules: 12 Original Filing Date: 2/6/2009 20 Department ofJob and Family Services· Division of Social Services Total Rules: 1 Original Filing Date: 8/28/2008 Date of Refiled Filing: 3/5/2009 Rule.1YJ;m Action FYR? Rule Number Rule Title Amendment Refiled Filing No 5101:2-48-16 Pre-adoptive staffing, matching and placement procedures. 21 DepHrtment ofJob and Family Services· Hearings Total, Rules: 1 Original Filing Date: 1/30/2009

RuIe-b'rlli. Action FYR? Rule Number Amendment Original Filing Yes 1501 :13-1-01 Amendment Original Filing Yes 1501 :13-1-04 Amendment Original Filing Yes 1501:13-1-10 Amendment Original Filing Yes 1501 :13-4-03 Amendment Original Filing Yes 1501 :13-4-06 Amendment Original Filing Yes 1501 :13-4-07 Amendment Original Filing Yes 1501:13-4-11 Amendment Original Filing Yes 1501:13-4-12

.**~.** 

### -- -- ...... ............. Rule Title Effective date and applicability. Exemption for coal extraction incidental to government financed highway or other construction. Availability of records. Permit applications; requirements for legal, financial, compliance and related information. Permit applications, revisions, and renewals, and transfers, assignments, and sales of permit rights. Annual reports and maps. Maps showing reaffection of permit area. Requirements for permits for special categories of mining.FINAL AGENDA 

### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/30/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Amendment Original Filing Yes 1501 :13-4-16 Amendment Original Filing Yes 1501 :13-6-03 Amendment Original Filing Yes 1501:13-13-02 Amendment Original Filing Yes 1501 :13-13-06 Requirements for exemption for coal extraction incidental to the extraction of other minerals. Small operator assistance program. Auger mining additional performance standards. Coal preparation plants and support facilities not located at or nearthe mine site or not within the permit area for a mine.

Public Hearing: 3/11/2009 Public Hearing: 3/11/2009

Jurisdiction Ends: 4/12/2009 Jurisdiction Ends: 4/18/2009 Date of Refiled Filing: 3/19/2009 Rule Title

1501 :13-5-01 1501 :13-4-15 1501 :13-4-13 1501 :13-4-14 Rule Number 1501:13-1-02 1501 :13-4-01 1501:13-4-02 1501 :13-4-05

Yes Yes Yes Yes Yes Yes Yes Yes Original Filing Date: 2/6/2009
Refiled Filing Refiled Filing Refiled Filing Refiled Filing

Amendment Refiled Filing Amendment Refiled Filing

Amendment Refiled Filing Amendment Refiled Filing Total Rules: 8**Rule~** Amendment Amendment Amendment Amendment Definitions. General contents requirements for permit applications. Requirements of coal exploration. Permit application requirements for reclamation and operations plans. Underground mining permit application requirements for information on environmental resources. Underground mining permit application requirements for reclamation and operations plans. Authorization to conduct coal mining on pollution abatement areas. Review, public participation, and approval or disapproval of permit applications and permit terms and conditions. 23 Department of Natural Resources· Division of Mineral Resources Management-Coal Total Rules: 17 Original Filing Date: 2/6/2009 RuIe

### -.I:Ylliz Action FYR? Rule Number Rule Title Amendment Original Filing Yes 1501 :13-7-01 General requirements for bonding of coal mining and reclamation operations. Amendment Original Filing Yes 1501:13-7-02 Amount and duration of performance bond. Amendment Original Filing Yes 1501 :13-7-03 Form, conditions, and terms of performance bonds. Amendment Original Filing Yes 1501 :13-7-04 Self-bonding. Amendment Original Filing Yes 1501:13-7-05 Procedures, criteria, and schedule for release of performance bond. New Rule Original Filing No 1501 :13-7-05.1 Procedures, criteria, and schedule for release of performance security for permits not reliant on the reclamation forfeiture fund. Amendment Original Filing Yes 1501 :13-7-06 Performance bond forfeiture criteria and procedures. Amendment Original Filing Yes 1501 :13-7-08 Bond release conference. Amendment Original Filing Yes 1501:13-9-01 Signs and markers.

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### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/30/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Total Rules: 2 Original Filing Date: 2/6/2009 1501 :13-9-13 Contemporaneous reclamation. 1501:13-9-15 Revegetation. 1501 :13-14-01 Inspections. 1501 :13-14-02 Enforcement. 1501:13-14-03 Civil penalties. 1501:13-14-04 Petition forfees. 1501 :13-14-05 Informal conferences. 1501:13-14-06 Individual civil penalties. Date of Refiled Filing: 3/19/2009 Jurisdiction Ends: 4/18/2009 Public Hearing: 3/11/2009 Rule Title Protection ofthe hydrologic system. Protection offish, wildlife, and related environmental values.**Rule~** Action FYR? Rule Number Amendment Refiled Filing Yes 1501 :13-9-04 Amendment Refiled Filing Yes 1501:13-9-11 24 Dep,artment of Natural Resources· Division ofWildlife Total Rules: 11 Original Filing Date: 1/30/2009 Jurisdiction Ends: 4/5/2009 Public Hearing: 3/5/2009

Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes AmElndment Original Filing Yes Total Rules:4 Original Filing Date: 1/30/2009 Public Hearing: 3/5/2009 Jurisdiction Ends: 4/5/2009 1501:31-9-01 Rule Number 1501 :31-1-02 Rule Title Definition ofterms. Special regulations applying to all properties owned, leased, or under control of the division ofwildlife. 1501:31-13-05 Turtle and frog regulations. 1501 :31-13-08 Fish daily bag limits: protected species. 1501:31-15-01 Game hours and bag limits. 1501 :31-15-02 General hunting and trapping provisions. 1501 :31-15-09 Hunting and trapping regulations forfurbearing animals. 1501 :31-15-1 0 Wild turkey regulations. 1501:31-15-12 Urban deer units. 1501 :31-21-02 Duck blind permit requirements. 1501 :31-39-01 Aquaculture permits. Date of Revised Filing: 3/4/2009 Rule Number Rule Title FYR? Yes Yes**RUle~** Action Amendment Original Filing Amendment Original Filing

Amendment Revised Filing Yes 1501:31-13-07 Special fishing regulations for water areas owned or controlled by the division of wildlife.FINAL AGENDA 

### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/3012009
- 

### 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Public Hearing: 3/10/2009 Public Hearing: 3/13/2009 Public Hearing:

Jurisdiction Ends: 4/9/2009 Jurisdiction Ends: 4/11/2009 Jurisdiction Ends: 4/11/2009

Rule Title Definitions. Classification ofwells. Prohibition of movement offluid into underground sources of drinking water. Prohibition of class IV wells. Requirements for wells injecting hazardous waste. Class V wells. Application by permit; authorization by permit. Rule Title Code of ethics, title and rules covering. Standards of conduct. Purpose: eliminating outside influence; producing impartiality in handling of claims and employer risk accounts and avoiding favoritism. Remedial action against persons exercising improper influence and engaging in favoritism. Prohibition against unnecessary claim file possession. Rule Title Packages and property restrictions. 1501 :31-15-11 Deer regulations. 1501:31-15-14 Youth hunters season. 1501 :31-15-17 Seasons for game birds, game quadrupeds and furbearing animals. Date of Revised Filing: 3/5/2009 Jurisdiction Ends: 4/5/2009 Public Hearing: 3/5/2009 Rule Title Regulations On the use offirearms on division owned or controlled areas. Amendment Revised Filing Yes Amendment Revised Filing Yes Amendment Revised Filing Yes Total Rules: 1 Original Filing Date: 1/30/2009**RUle~** Action FYR? Rule Number Amendment Revised Filing Yes 1501 :31-9-03 25 Department of Rehabilitation and Correction· Total Rules: 1 Original Filing Date: 2/5/2009**Rule~** Action FYR? Rule Number Amendment Original Filing No 5120-9-33 26 Industrial Commission· Total Rules: 5 Original Filing Date: 2/5/2009 Rule..lYP-e Action FYR? Rule Number Amendment Original Filing Yes 4121-15-01 Amendment Original Filing Yes 4121-15-03 Amendment Original Filing Yes 4121-15-05 Amendment Original Filing Yes 4121-15-08 Amendment Original Filing Yes 4121-15-09 27 Ohio Environmental Protection Agency· Total Rules: 21 Original Filing Date: 2/3/2009**Rule~** Action FYR? Rule Number Amendment Original Filing Yes 3745-34-01 Amendment Original Filing Yes 3745-34-04 Amendment Original Filing Yes 3745-34-07 Amendment Original Filing Yes 3745-34-08 Amendment Original Filing Yes 3745-34-09 New Rule Original Filing No 3745-34-11 New Rule Original Filing No 3745-34-12

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### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/30/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Class V wells. Class I permit application. Class I permit to drill applications. Class I permit to operate applications. Application for permit: authorization by permit. Class V permit requirements. Signatories to permit applications and reports. Area of review. Criteria for establishing permitting priorities. Information to be considered by the director in authorizing class I wells. Seismic reflection survey requirements for class I wells. Construction requirements. Information to be evaluated bythe director. Class I annual permit fee; fee perton of waste injected.

Rule Title Ambient air quality standards. Measurement methods and procedures. Contingency plan requirements for Cuyahoga and Jefferson counties. Ambient air quality standards; sulfur dioxide. Attainment dates and compliance time schedules. Ambient air quality standards and guidelines. Ambient air quality standards. Definitions. Methods of measurement. Air pollution emergency. Definitions. Episode criteria. Ambient air quality standards. Emission control action programs. Air pollution emergencies and episode criteria. Rescission Original Filing Yes 3745-34-13 New Rule Original Filing No 3745-34-13 New Rule Original Filing No 3745-34-14 New Rule Original Filing No 3745-34-15 Rescission Original Filing Yes 3745-34-16 New Rule Original Filing No 3745-34-16 Amendment Original Filing Yes 3745-34-17 Amendment Original Filing Yes 3745-34-32 Amendment Original Filing Yes 3745-34-35 Amendment Original Filing Yes 3745-34-39 Amendment Original Filing Yes 3745-34-40 Amendment Original Filing Yes 3745-34-54 Amendment Original Filing Yes 3745-34-59 New Rule Original Filing No 3745-34-63 28 Ohio Environmental Protection Agency· Total Rules: 19 Original Filing Date: 1/26/2009**Rule~** Action FYR? Rule Number Rescission Original Filing Yes 3745-17-02 Amendment Original Filing Yes 3745-17-03 Amendment Original Filing No 3745-17-14 Rescission Original Filing Yes 3745-18-02 Amendment Original Filing No 3745-18-03 Rescission Original Filing Yes 3745-21-02 Rescission Original Filing Yes 3745-23-01 New Rule Original Filing No 3745-23-01 Amendment Original Filing Yes 3745-23-02 Rescission Original Filing Yes 3745-25-01 New Rule Original Filing No 3745-25-01 Rescission Original Filing 

### '(7s 3745-25-02 New Rule Original Filing No 3745-25-02 Rescission Original Filing Yes 3745-25-03 New Rule Original Filing No 3745-25-03 Jurisdiction Ends: 4/1/2009 Public Hearing: 3/5/2009FINAL AGENDA 

### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/30/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Rescission Original Filing Yes 3745-25-04 Emergency orders. New Rule Original Filing No 3745-25-04 Air pollution emergency emission control action programs. New Rule Original Filing No 3745-25-05 Air pollution emergency orders. Rescission Original Filing Yes 3745-71-02 Ambient air quality standards
- lead. 29 Ohio Occupational Therapy, Physical Therapy. and Athletic Trainers Board· Total Rules: 9 Original Filing Date: 2/5/2009 Jurisdiction Ends: 4/11/2009 Public Hearing: 3/12/2009 RuIe

### .IY.lliz Action FYR?·· Rule Number Rule Title Amendment Original Filing Yes 4755-23-03 License by examination. Amendment Original Filing No 4755-23-04 License by endorsement. New Rule Original Filing No 4755-23-13 Requirements for teaching physical therapy. Amendment Original Filing No 4755-23-14 Criminal records check. Amendment Original Filing Yes 4755-27-03 Delegation. Amendment Original Filing Yes 4755-27-04 Supervision. Amendment Original Filing Yes 4755-27-05 Code of ethical conduct for physical therapists and physical therapist assistants. Amendment Original Filing Yes 4755-27-06 Reporting requirements. New Rule Original Filing No 4755-27-07 Documentation. Totall Rules: 2 Original Filing Date: 2/5/2009 Date of Revised Filing: 3/12/2009 Jurisdiction Ends: 4/11/2009 Public Hearing: 3/12/2009 Rule-.Iyp§ Action FYR? Rule Number Rule Title Amendment Revised Filing No 4755-23-08 Continuing education. Amendment Revised Filing No 4755-23-10 Reinstatement of license. 30 Ohicl Occupational Therapy. Physical Therapy. and Athletic Trainers Board, Total Rules: 5 Original Filing Date: 2/4/2009 Jurisdiction Ends: 4/10/2009 Public Hearing: 3/10/2009 RuIe..1Y.J;lli Action FYR? Rule Number Rule Title Amendment Original Filing No 4755-3-05 Escrow of license; restoration. Amendment Original Filing No 4755-3-14 Criminal records check. Amendment Original Filing Yes 4755-7-08 Code of ethics. New Rule Original Filing No 4755-7-10 Documentation. Amendment Original Filing No 4755-9-01 Continuing education. 31 Ohio Occupational Therapy. Physical Therapy, and Athletic Trainers Board, Total Rules: 14 Original Filing Date: 1/26/2009 Jurisdiction Ends: 4/1/2009 Public Hearing: 3/4/2009
JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466-4086· www.jcarr.state.oh.us • Page 11 • 313012009FINAL AGENDA 

### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/3012009

- 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA**Rule~** Action FYR? Rule Number Rule Title Amendment Original Filing Yes 4755-40-01 Notice of meetings. Amendment Original Filing Yes 4755-41-01 Code of ethics. Amendment Original Filing Yes 4755-43-06 Reinstatement of licensure. Amendment Original Filing Yes 4755-43-07 Criminal records checks. New Rule Original Filing No 4755-43-09 Verification of licensure. Amendment Original Filing Yes 4755-44-02 Certificate of license; display; copies. Amendment Original Filing No 4755-45-01 Continuing education. Amendment Original Filing Yes 4755-46-02 Athletic training students. Rescission Original Filing Yes 4755-47-01 License reissuance fee. New Rule Original Filing No 4755-47-01 Duplicate license fee. Rescission Original Filing Yes 4755-47-02 Certification of licensure fee. New Rule Original Filing No 4755-47-02 License verification fee. Amendment Original Filing Yes 4755-47-03 Fee for mailing lists. Amendment Original Filing Yes 4755-47-05 Reinstatement fee. 32 Ohio Police and Fire Pension Fund· Total Rules: 1 Original Filing Date: 2/2/2009 Jurisdiction Ends: 4/8/2009 Public Hearing: Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing Yes 742-9-16 Federal tax compliance provisions. 33 Ohio Rail Development Commission· Total Rules: 3 Original Filing Date: 2/5/2009 Jurisdiction Ends: 4/11/2009 Public Hearing: Rule.IyQ§. Action FYR? Rule Number Amendment Original Filing Yes 4981-1-01 Amendment Original Filing Yes 4981-1-02 Amendment Original Filing Yes 4981-1-03 34 Rehabilitation Services Commission· Rule Title Open-meeting notice rule. Public notice as to adoption, amendment or rescission of rules. Definitions.
Total Rules: 1 Original Filing Date: 12/15/2008 Date of Refiled Filing: 3/3/2009 Jurisdiction Ends: 4/2/2009 Public Hearing: 1/20/2009 Rule-b'rlli. Action FYR? Rule Number Rule Title New Rule Refiled Filing No 3304-2-59 Services. Total Rules: 1 Original Filing Date: 12/15/2008 Date of Refiled Filing: 3/10/2009 Jurisdiction Ends: 4/9/2009 Public Hearing: 1/20/2009FINAL AGENDA 

### JOINT COMMITTEE ON AGENCY RULE REVIEW 3/30/2009

- 

### 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Rule Number 3304-2-62

Rule Title Appeals for denial and termination of disability benefits. Rollover distribution. Rule Action FYR? Amendment Refiled Filing Yes 35 School Employees Retirement System· Total Rules: 2 Original Filing Date: 1/26/2009**Rule~** Action FYR? Rule Number Amendment Original Filing No 3309-1-41 Amendment Original Filing No 3309-1-53 36 Statu Personnel Board of Review· Rule Title Consumer appeals.
Jurisdiction Ends: 4/1/2009 Public Hearing:

Rule Title Requirements of "section 124.34 orders" and orders of involuntary disability separation. Filing and contents of appeals. Determination of unclassified status. Prior discipline. Appearances. Filing. Depositions and interrogatories. Motions for reconsideration. Appeals to the court of common pleas. Total Rules: 9 Original Filing Date:, 1/29/2009**Rule~** Action FYR? Amendment Original Filing No Amendment Original Filing No Amendment Original Filing No Amendment Original Filing No Amendment Original Filing No Amendment Original Filing No Amendment Original Filing No Amendment Original Filing No Amendment Original Filing No 37 StatIO! Veterinary Medical Licensing Board· Total Rules: 1 Original Filing Date: 2/2/2009**.&JJ.fLI~e** Action FYR? New Rule Original Filing No Rule Number 124-3-01 124-5-01 124-7-04 124-9-04 124-11-05 124-11-09 124-13-02 124-15-05 124-15-06

Rule Number 4741-1-10 Rule Title Minimum Standards. 

## To Be Refiled Jurisdiction Ends: 4/4/2009

Jurisdiction Ends: 4/8/2009 Public Hearing: 3/3/2009

Public Hearing: 3/11/2009

38 Board of Examiners of Nursing Home Administrators' Total Rules: 1 Original Filing Date: 1/30/2009 Date ofTo Be Refiled: 3/11/2009**Rule~** Action FYR? Rule Number Rule Title Jurisdiction Ends: Public Hearing: 3/5/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.ol1.us • Page 13 • 3/30/2009FINAL AGENDA 

### JOINT COMMITTEE ONAGENCY RULE REVIEW 3/30/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Amendment To Be Refiled 39 OhiC! Athletic Commission· Yes 4751-1-13 Continuing education.**Tota~** Rules: 1 Original Filing Date: 1/2/2009 Date of To Be Refiled: 3/10/2009 Jurisdiction Ends: Public Hearing: 2/10/2009 RuleJil& Action Amendment To Be Refiled FYR? Yes Rule Number 3773-4-07 Rule Title Pre-bout and post-bout medical examinations. 

## Withdrawn 40 Attorney General· Consumer Protection Totai Rules: 1 Original Filing Date: 8/24/2007 Date ofWithdrawn Filing: 3/18/2009 Jurisdiction Ends: Public Hearing: 9/26/2007 FYR? No
Date ofWithdrawn Filing: 3/25/2009 Jurisdiction Ends:**Rule~** Action New Rule Withdrawn Filing 41 Department ofAging· Total Rules: 9 Original Filing Date: 2/18/2009Rule Number 109:4-3-31 Rule Title Skill-based amusement games.
Public Hearing: 3/24/2009

Public Hearing: 1/20/2009 Rule Title Introduction and definitions. Planning and service areas. Funds allocation. Area agencies on aging (MAs). Designating a new AM. Area plans. Monitoring, corrective-action plans, and sanctions. De-designating an AM. Hearings on de-designation. Rule Number 173-1-01 173-1-02 173-1-03 173-1-04 173-1-05 173-1-06 173-1-07 173-1-08 173-1-09**RUle~)e** Action FYR? New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing

.No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No 42 Rehiabilitation Services Commission· Total Rules: 1 Original Filing Date: 12/15/2008 Date ofWithdrawn Filing: 3/26/2009 Jurisdiction Ends:**Rule~** Action FYR? Rule Number Rule Title Rescission Withdrawn Filing Yes 3304-2-55 Vocational rehabilitation counseling and guidance, referral.

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### JOINT COMMITTEE ONAGENCYRULE REVIEW Agenda

- 

### 7/912009

- 1:30 P.M. William McKinley Room (Statehouse Room 121)



### FINAL AGENDA FINAL AGENDA



## Consent 1 Attorney General· Bureau of Criminal Identification and Investigation Total Rules: 1 Original Filing Date: 5/20/2009 Date of Revised Filing: 5/27/2009 Jurisdiction Ends: 7/24/2009 Public Hearing: 6/23/2009 Rule Type Action FYR? Rule Number Rule Title Rescission Revised Filing Yes 109:"5-1-02 Certification of electronic monitoring devices. 2 Department ofAgriculture· Plant Industry Total Rules: 1 Original Filing Date: 5/26/2009 Jurisdiction Ends: 7/30/2009 Rule Type Action FYR? Rule Number Rule Title New Rule Original Filing No 901 :5-11-14 Integrated Pest Management Standard. Total Rules: 1 Original Filing Date: 5/26/2009 Date of Revised Filing: 6/26/2009 Jurisdiction Ends: 7/30/2009 Rule Type Action FYR? Rule Number Rule Title New Rule Revised Filing No 901:5-11-15 Pesticide use in schools. 3 Department of Commerce· Division of Securities Public Hearing: 6/30/2009

Public Hearing: 6/30/2009

Total Rules: 1 Original Filing Date: 5/14/2009 Jurisdiction Ends: 7/18/2009 Public Hearing: 6/23/2009

Rule Title Definitions. Funding requirements. Eligibility and evaluation criteria forthe receipt offunds. Procedures for paying out funds. Fund limitations. Rule Type Action FYR? Rule Number Rescission Original Filing Yes 1301:6-1-05 4 Department of Development· Housing Trust Fund Total Rules: 8 Original Filing Date: 5/18/2009 Rule Type Action FYR? Rule Number Rescission Original Filing Yes 122:6-1-01 Rescission Original Filing Yes 122:6-1-02 New Rule Original Filing No 122:6-1-02 Amendment Original Filing Yes 122:6-1-03 Amendment Original Filing Yes 122:6-1-04 Rule Title Computation oftime.
Jurisdiction Ends: 7/22/2009 Public Hearing: 6/18/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio43215· (614) 466-4086' www.jcarr.state.oh.us· Page 1· 7/9/2009FINAL AGENDA 

### JOINT COMMITTEE ONAGENCYRULE REVIEW 7/9/2009

- 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Rescission Original Filing Yes 122:6-1-05 Fund monitoring procedures. New Rule Original Filing No 122:6-1-05 Fund monitoring procedures. Amendment Original Filing Yes 122:6-1-06 Fund repayment requirements. Total Rules: 1 Original Filing Date: 5/18/2009 Date of Revised Filing: 6/18/2009 Jurisdiction Ends: 7/22/2009 Public Hearing: 6/18/2009 Rule Type Action FYR? Rule Number Rule Title New Rule Revised Filing No 122:6-1-01 Definitions. 5 Department of Education· Total Rules: 4 Original Filing Date: 5/13/2009 Jurisdiction Ends: 7/17/2009 Public Hearing: 6/18/2009

New Rule Original Filing No New Rule Original Filing No Department of Health· Total Rules: 18 Original Filing Date: 5/19/2009 Rule Title Employment of individuals with certain criminal convictions. Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions. Employment of non-licensed individuals with certain criminal convictions. Employment ofschool bus and school van drivers with certain criminal convictions. 6 Rule Type Rescission New Rule Action Original Filing Original Filing FYR? Yes No Rule Number 3301-20-01 3301-20-01 3301-20-03 3301-83-23
Jurisdiction Ends: 7/23/2009 Public Hearing: 6/25/2009 Rule Type Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Action Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing FYR? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Rule Number 3701-19-01 3701-19-03 3701-19-04 3701-19-06 3701-19-08 3701-19-09 3701-19-10 3701-19-11 3701-19-12 3701-19-16 3701-19-17 3701-19-18 3701-19-20 Rule Title Definitions. Initial license application process. Issuance and revocation of licenses. Renewal of licenses. Governing body. General requirements for hospice care program personnel. Medical director. Interdisciplinaryteam and intedisciplinary plan of care. Contracted services. Home care services. Medical services. Counseling and bereavement services. Admission of patients to the hospice care program.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us· Page 2·7/9/2009FINAL AGENDA 

### JOINT COMMITTEE ONAGENCYRULE REVIEW 7/9/2009

- 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Amendment Original Filing Yes 3701-19-21 Medical supplies, drugs, and biologicals. Amendment Original Filing Yes 3701-19-22 Quality assurance. Amendment Original Filing Yes 3701-19-23 Central clinical record. Amendment Original Filing Yes 3701-19-24 Short-term inpatient care. Amendment Original Filing Yes 3701-19-27 Standards for inpatient hospice facilities. 7 Department of Health· Total Rules: 21 Original Filing Date: 5/18/2009 Jurisdiction Ends: 7/22/2009 Public Hearing: 6/23/2009 Rule Type Action FYR? Rule Number Rule Title Rescission Original Filing Yes 3701-44-01 Definitions. New Rule Original Filing No 3701-44-01 Definitions. Rescission Original Filing Yes 3701-44-02 Establishment of HIV care consortia. New Rule Original Filing No 3701-44-02 HIV care consortia. Rescission Original Filing Yes 3701-44-03 Operation of HIV care consortia; establishment of list ofservices covered by the Ryan White program. New Rule Original Filing No 3701-44-03 HIV medical case management. Rescission Original Filing Yes 3701-44-04 Payment for services underthe Ryan White program. New Rule Original Filing No 3701-44-04 Payment for services. Rescission Original Filing Yes 3701-44-05 Eligibility for benefits underthe Ryan White program. New Rule Original Filing No 3701-44-05 Eligibility for benefits underthe Ryan White part B program. Rescission Original Filing Yes 3701-44-06 Eligibility of providers forthe Ryan White program. New Rule Original Filing No 3701-44-06 Provider eligibility for core medical services. Rescission Original Filing Yes 3701-44-07 Reconsideration ofeligibility and authorization decisions. New Rule Original Filing No 3701-44-07 Reconsideration process for denial ortermination of eligibility. Rescission Original Filing Yes 3701-44-08 Ohio HIV drug assistance program eligibility requirements. New Rule Original Filing No 3701-44-08 Ohio HIV drug assistance program eligibility requirements. Rescission Original Filing Yes 3701-44-09 Operation of home health program; establishment of list ofservices covered by the home health program. Rescission Original Filing Yes 3701-44-10 Payment for services underthe Ryan White home health program. Rescission Original Filing Yes 3701-44-11 Eligibility for benefits underthe Ryan White home health program. Rescission Original Filing Yes 3701-44-12 Eligibility of providers for Ryan White home health program. Rescission Original Filing Yes 3701-44-13 Reconsideration of eligibility and authorization decisions. 8 Department of Job and Family Services'; Child Support
JCARR 77 South High Street· Concourse Levei· Columbus, Ohio 43215' (614) 466-4086' www.jcarr.state.oh.us· Page 3·7/9/2009FINAL AGENDA 

### JOINT COMMITTEE ONAGENCYRULE REVIEW 

### 7/9/2009

- 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Total Rules: 2 Original Filing Date: 5/20/2009 Jurisdiction Ends: 7/24/2009 Public Hearing: 6/23/2009

Public Hearing: 6/15/2009 Public Hearing:

Jurisdiction Ends: 7/16/2009 Jurisdiction Ends: 7/24/2009 Rule Title Passport denial. Passport denial and reinstatement. 9 Rule Type Action FYR? Rule Number Rescission Original Filing Yes 5101:12-50-34 New Rule Original Filing No 5101: 12-50-34 Department ofJob and Family Services· Division of Food Stamps Total Rules: 4 Original Filing Date: 5/20/2009 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing Yes 5101 :4-4-31 Food stamps: anticipating income. Amendment Original Filing Yes 5101:4-7-03 Food stamps: Mass change during the certification period. Amendment Original Filing Yes 5101 :4-7-11 Food stamps: providing replacement issuance to assistance groups (AGs). Amendment Original Filing Yes 5101:4-7-13 Food stamps: reducing, suspending, or cancelling food stamp benefits. 10 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 3 Original Filing Date: 5/12/2009

Public Hearing: 6/29/2009

Public Hearing: 6/29/2009 Public Hearing: 6/15/2009

Jurisdiction Ends: 8/1/2009 Jurisdiction Ends: 8/1/2009 Jurisdiction Ends: 7/17/2009

Rule Title Canes, crutches and walkers. Commodes. Date of Revised Filing: 6/29/2009 5101:3-10-30 5101:3-10-33 Rule Number Rule Number 5101 :3-3-02 No Rule Type Amendment Original Filing Rule Title Provider agreements: nursing facilities (NFs) and intermediate care facilities for the mentally retarded (ICFs-MR). Rescission Original Filing Yes 5101 :3-3-31 Capital compensation program eligibility and payment methodology. Rescission Original Filing Yes 5101 :3-3-68 Fiscal year 2007 nursing facility (NF) rate change limitation. 11 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 1 Original Filing Date: 5/13/2009 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing Yes 5101 :3-8-27 Advanced practice nurses: : modifiers. 12 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 2 Original Filing Date: 5/28/2009 Rule Type Action FYR? New Rule Original Filing No New Rule Original Filing No Total Rules: 1 Original Filing Date: 5/28/2009 Rule Type Action Rule Number Rule Title
JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215' (614) 466-4086' www.jcarr.state.oh.us· Page 4' 7/9/2009FINAL AGENDA 

### JOINT COMMITTEE ONAGENCY RULE REVIEW 7/9/2009

- 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

New Rule Revised Filing No 5101 :3-10-32 Ostomy and urological supplies. 13 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 1 Original Filing Date: 5/12/2009 Jurisdiction Ends: 7/16/2009 Rule Type Action FYR? Rule Number Rule Title New Rule Original Filing No 5101 :3-1-17.1 Notification of rule and program changes. 14 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 1 Original Filing Date: 5/27/2009 Jurisdiction Ends: 7/31/2009 Public Hearing: 6/15/2009

Public Hearing: 6/29/2009

Date of Revised Filing: 6/11/2009 Rule Type Action FYR? Amendment Original Filing No Total Rules: 1 Original Filing Date: 5/27/2009Rule Number 5101 :3-2-08.1 Rule Title Assessment rates. Jurisdiction Ends: 7/31/2009 Public Hearing: 6/29/2009

Public Hearing: 6/15/2009 Jurisdiction Ends: 7/16/2009 5101 :3-2-09 Rule Number Yes Rule Type Amendment Revised Filing Rule Title Payment policies for disproportionate share and indigent care adjustments for hospital services.

. 15 Department ofJob and Family Services· Division of Public Assistance Total Rules: 3 Original Filing Date: 5/12/2009

Public Hearing: 6/29/2009

Public Hearing: 12/29/2008 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing No 5101:1-2-70 Issuance of cash assistance benefits. Rescission Original Filing Yes 5101 :1-2-80 Direct deposit-electronic funds transfer of cash assistance payments. New Rule Original Filing No 5101: 1-2-80 Direct deposit-electronic funds transfer of cash assistance payments. 16 Department ofJob and Family Services· Division ofWorkforce Development Total Rules: 1 Original Filing Date: 5/27/2009 Date of Revised Filing: 6/3/2009 Jurisdiction Ends: 7/31/2009 Public Hearing: 6/29/2009 Rule Type Action FYR? Rule Number Rule Title Amendment Revised Filing No 5101:10-1-02 Application procedure. Total Rules: 1 Original Filing Date: 5/27/2009 Date of Revised Filing: 6/30/2009 Jurisdiction Ends: 7/31/2009 Rule Type Action FYR?· Rule Number Rule Title Amendment Revised Filing No 5101:10-1-01 Definitions. 17 Department of Mental Retardation and Developmental Disabilities· Community Services Total Rules: 6 Original Filing Date: 11/26/2008 Date of Refiled Filing: 6/22/2009 Jurisdiction Ends: 7/22/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us· Page 5·7/9/2009FINAL AGENDA 

### JOINT COMMITTEE ONAGENCY RULE REVIEW 7/9/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Rule Type Action FYR? Rule Number Rule Title New Rule Refiled Filing No 5123:2-2-01 Provider certification. Rescission Refiled Filing Yes 5123:2-3-19 Licensed providers of level one waiver services. New Rule Refiled Filing No 5123:2-3-19 Licensed providers ofwaiver services. Rescission Refiled Filing Yes 5123:2-9-09 HCSS waivers
- application, issuance, and denial procedures. Rescission Refiled Filing Yes 5123:2-12-02 Supported living provider certification. Rescission Refiled Filing Yes 5123:2-12-06 Certified supported living providers of level one waiver services. 18 Ohio Environmental Protection Agency· Total Rules: 6 Original Filing Date: 4/20/2009 Date of Refiled Filing: 6/18/2009 Jurisdiction Ends: 7/18/2009 Public Hearing: 5/27/2009 Rule Type Action FYR? Rule Number Rule Title Amendment Refiled Filing Yes 3745-9-01 Definitions. Amendment Refiled Filing Yes 3745-9-02 Scope and exemptions. Amendment Refiled Filing Yes 3745-9-03 Monitoring well. Amendment Refiled Filing Yes 3745-9-04 Well siting. Amendment Refiled Filing Yes 3745-9-09 Well development and pump test. New Rule Refiled Filing No 3745-91-10 Drinking water source protection plan. 19 Ohio Environmental Protection Agency· Total Rules: 6 Original Filing Date: 5/22/2009 Jurisdiction Ends: 7/26/2009 Public Hearing: 6/30/2009

Rule Title Applicability, definitions, and incorporation by reference. Emission limits. Rule Title Applicability, definitions, and incorporation by reference. Emission limits. Design parameters and operating restrictions. Monitoring requirements. Recordkeeping and inspections. Certification and compliance time schedules. Rule Type Action FYR? Rule Number Amendment Original Filing Yes 3745-75-01 Amendment Original Filing Yes 3745-75-02 Amendment Original Filing Yes 3745-75-03 Amendment Original Filing Yes 3745-75-04 Amendment Original Filing Yes 3745-75-05 Amendment Original Filing Yes 3745-75-06 20 Ohio Environmental Protection Agency· Total Rules: 6 Original Filing Date: 5/22/2009 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 3745-105-01 Amendment Original Filing Yes 3745-105-02 Jurisdiction Ends: 7/26/2009 Public Hearing: 6/30/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us· Page 6· 7/9/2009FINAL AGENDA 

### JOINT COMMITTEE ONAGENCY RULE REVIEW 7/9/2009 -1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Amendment Original Filing Yes 3745-105-03 Design parameters and operating restrictions. Amendment Original Filing Yes 3745-105-04 Monitoring requirements. Amendment Original Filing Yes 3745-105-05 Recordkeeping. Amendment Original Filing Yes 3745-105-06 Compliance and performance testing requirements. 21 Ohio Environmental Protection Agency· Total Rules: 1 Original Filing Date: 5/22/2009 Jurisdiction Ends: 7/26/2009 Public Hearing: 6/30/2009 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing No 3745-25-03 Air pollution emergencies and episode criteria. 22 Rehabilitation Services Commission· Total Rules: 2 Original Filing Date: 5/29/2009 Jurisdiction Ends: 8/2/2009 Public Hearing: 7/1/2009 Rule Type Action FYR? Rule Number Rule Title Rescission Original Filing Yes 3304-2-65 Order ofselection. New Rule Original Filing No 3304-2-65 Order ofselection. 23 School Employees Health Care Board· General Procedures Total Rules: 10 Original Filing Date: 5/13/2009 Jurisdiction Ends: 7/17/2009 Public Hearing: 6/18/2009 Rule Type Action FYR? Rule Number Rule Title Rescission Original Filing Yes 3306:1-1-01 Name. Rescission Original Filing Yes 3306:1-1-02 Headquarters. Rescission Original Filing Yes 3306:1-1-03 Members. Rescission Original Filing Yes 3306: 1-2-01 Meetings generally. Rescission Original Filing Yes 3306: 1-2-02 Scheduled meetings. Rescission Original Filing Yes 3306: 1-2-03 Meeting sites. Rescission Original Filing Yes 3306: 1-2-04 Notice of meetings. Rescission Original Filing Yes 3306:**1-2~05** Quorom/voting. Rescission Original Filing Yes 3306:1-3-01 Officers. Rescission Original Filing Yes 3306:1-5-01 Minutes. 24 School Employees Retirement System· Total Rules: 1 Original Filing Date: 5/22/2009 Jurisdiction Ends: 7/26/2009 Public Hearing: Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing No 3309-1-35 Health care. JCARR 77 South High Street· Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us· Page 7·7/9/2009FINAL AGENDA 

### JOINT COMMITTEE ONAGENCYRULE REVIEW 7/9/2009

- 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

25 State Racing Commission· Total Rules: 2 Original Filing Date: 5/13/2009 Date of Revised Filing: 6/12/2009 Jurisdiction Ends: 7/17/2009 Public Hearing: 6/16/2009 Rule Type Action Amendment Revised Filing Amendment Revised Filing FYR? No No Rule Number Rule Title 3769-8-07 Possessions prohibited. 3769-18-07 Possessions prohibited. 

## To Be Refiled

Date ofTo Be Refiled: 7/8/2009 26 Department of Health· Total Rules: 1 Original Filing Date: 5/19/2009 Rule Type Action FYR? Amendment To Be Refiled Yes Rule Number 3701-19-05 Rule Title Inspections. Jurisdiction Ends: Public Hearing: 6/25/2009



## Withdrawn 27 Department of Commerce· Division of Securities Total Rules: 1 Original Filing Date: 5/14/2009 Date ofWithdrawn Filing: 6/23/2009 Jurisdiction Ends: Rule Type Action FYR? Rule Number Rule Title Rescission Withdrawn Filing Yes 1301 :6-1-03 Public notice of promulgation of rule. 28 Department ofJob and Family Services· Division of Public Assistance Total Rules: 1 Original Filing Date: 4/3/2009 Date ofWithdrawn Filing: 6/29/2009 Jurisdiction Ends: Public Hearing: 6/23/2009

Public Hearing: 5/5/2009

5101 :1-40-08.2 No Withdrawn Filing Rule Type Action FYR? Rule Number Rule Title Medicaid: coverage for children with income more than two hundred per cent ofthe federal poverty level (FPL). New Rule 29 School Employees Health Care Board· General Procedures Total Rules: 1 Original Filing Date: 5/13/2009 Date ofWithdrawn Filing: 7/7/2009 Jurisdiction Ends: Public Hearing: 6/18/2009

Date ofWithdrawn Filing: 6/22/2009 Jurisdiction Ends: Rule Type Action FYR? Rescission Withdrawn Filing Yes 30 State Highway Patrol Retirement System· Total Rules: 2 Original Filing Date: 6/19/2009Rule Number 3306:1-4-01 Rule Title Administration.
Public Hearing:
JCARR 77 South High Street· Concourse Level, Columbus, Ohio43215· (614) 466-4086' www.jcarr.state.oh.us· Page 8' 7/9/2009FINAL AGENDA JOINT COMMITTEE ON AGENCY RULE REVIEW 7/9/2009 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Rule Type Amendment Amendment Action Withdrawn Filing Withdrawn Filing FYR? Yes Yes Rule Number 5505-9-01 5505-9-03 Rule Title Elected employee trustees. Elected retirant trustees.

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# Article III Attachment D Final Adoption Notice to LSC Director and Secretary of StateII 

# I 

# IeFili

The Honorable Jennifer Brunner Secretary of State 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77 South High St., 9th Floor Columbus,OH 43215 William L. Hills, Executive Director Joint Committee on Agency Rule Review

77 South High St., Concourse Level Columbus,OH 43215 Lisa Patt-McDaniel, Interim Director Department of Development 77 South High St., 27th Floor Columbus,OH 43215
It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 ofthe Ohio Revised Code. Package Number: File Date and Time: Confirmation Number: 

# FINAL FILE 49897 08/11/200908:00 AM 9b1bbd2fb747bf46cb72ac987b5e317

Amendment N Rule Number 3745-25-03 Type FYR? JE Date 07/26/2009 Eft Date 08/21/2009 Next FYR Tagline Air pollution emergencies and episode criteria.

Page 1

# Ku

The Honorable Jennifer Brunner Secretary of State 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77 South High St., 9th Floor Columbus,OH 43215 William L. Hills, Executive Director Joint Committee on Agency Rule Review

77 South High St., Concourse Level Columbus,OH 43215 Mark Barbash, Interim Director Department of Development 77 South High St., 27th Floor Columbus,OH 43215
It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 ofthe Ohio Revised Code. Package Number: File Date and Time: Confirmation Number: 44337 04108/2009 08:07 AM 6d621a4e38bc363227d81833e673c543 

# FINAL FILE Rule Number Type FYR? JE Date Eft Date Next FYR Tagline 3745-17-02 Rescission Y 04/01/2009 04/18/2009 Ambient air quality standards. 3745-17-03 Amendment Y 04/01/2009 04/18/2009 04/18/2014 Measurement methods and procedures. 3745-17-14 Amendment N 04/01/2009 04/18/2009 Contingency plan requirements for Cuyahoga and Jefferson counties. 3745-18-02 Rescission Y 04/01/2009 04/18/2009 Ambient air quality standards; sulfur dioxide. 3745-18-03 Amendment N 04/01/2009 04/18/2009 Attainment dates and compliance time schedules. 3745-21-02 Rescission Y 04/01/2009 04/18/2009 Ambient air quality standards and guidelines. 3745-23-01 Rescission Y 04/01/2009 04/18/2009 Ambient air quality standards. 3745-23-01 New N 04/01/2009 04/18/2009 04/18/2014 Definitions. 3745-23-02 Amendment Y 04/01/2009 04/18/2009 04/18/2014 Methods of measurement. 3745-25-01 Rescission y 04/01/2009 04/18/2009 Air pollution emergency. 3745-25-01 New N 04/01/2009 04/18/2009 04/18/2014 Definitions. 3745-25-02 Rescission y 04/01/2009 04/18/2009 Episode criteria. 3745-25-02 New N 04/01/2009 04/18/2009 04/18/2014 Ambient air quality standards. 3745-25-03 Rescission Y 04/01/2009 04/18/2009 Emission control action programs. 3745-25-03 New N 04/01/2009 04/18/2009 04/18/2014 Air pollution emergencies and episode criteria. Page 1

### Rule Number Type FYR? JE Date Eff Date Next FYR Tagline 3745-25-04 Rescission Y 04/01/2009 04/18/2009 Emergency orders. 3745-25-04 New N 04/01/2009 04/18/2009 04/18/2014 Air pollution emergency emission control action programs. 3745-25-05 New N 04/01/2009 04/18/2009 04/18/2014 Air pollution emergency orders. 3745-71-02 Rescission Y 04/01/2009 04/18/2009 Ambient air quality standards
- lead.

Page 2

# Article IV Hearing Transcripts,I , I , I

# Article V Response to Comments

# QiIEFk\ Division ofAir Pollution Control Response to Comments

Rule: 

### 3745-25-03, "Air pollution emergencies and episode criteria" Agency Contact forthis Package Division Contact: Paul Braun, (614) 644-3734, paul.braun@epa.state.oh.us This document summarizes the comments and/or questions received at the public hearing and/or during an associated comment period. Ohio EPA reviewed and considered all comments received during the public comment period. By law, Ohio EPA has authority to consider specific issues related to protection of the environment and public health. In an effort to help you review this document, the questions are grouped by topic and organized in a consistent format. The name ofthe commenterfollows the comment in parentheses.


### General/Overall Concerns Comment 1:

Response 1: We thinkthere is a typographical error in OAC rule 3745- 25-03(0)(5)(a). (Comment received from industry source afterfinal rule adoption) 

### Due to a word processing error, text from a preceding paragraph was transferred into this paragraph by mistake. The paragraph should read, "Two thousand two hundred sixty micrograms per cubic meter (1.2 parts per million by volume), one-hour average; or" This typographical error is not addressable through the Legislative Service Commission's (LSC's) notice of noncompliance (NON) process. DAPC will have to make the change and resubmit the rule to JCARR.

End of Response to Comments