Article III

Evidence Ohio EPA

Followed Rule Adoption

Procedures
Evidence Ohio EPA Followed Rule Adoption Procedures

Ohio Revised Code (ORC) 119.03, Procedures for adoption, amendment, or rescission 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 EPA fully complied with the requirements of this law and has

provided evidence on the major requirements below:

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

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

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

Register when rules are proposed. A copy of the Public Hearing notice can be

provided upon request. Public Hearing notices were placed in the Ohio Register on

January 26,2009 and May 22,2009. Ohio EPA held two public hearings for rules 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 after the notice was placed in the register. The

ORC 119.03 requirements for public notice contents were met as evidenced by

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

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

throughout the state. Copies can be provided upon request. .

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

the director of the legislative service commission (LSC).

Ohio's electronic filing system automatically generates a letter when 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 answers to questions eight and nine of each of the Rule Summary and

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 copy of the 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 either hearing. JCARRjurisdiction expired on April 1,2009 (July 26,

2009 for OAC rule 3745-25-03) as evidenced by the JCARR consent agendas.

Ohio EPA issued the order to adopt the 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 Secretary of the State and Director

of the LSC once again received a letter of notice (Attachment D).

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

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

website and through an e-mail notice to all interested parties on April 8, 2009 and

August 11, 2009. A copy of these 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 of this 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 RSFA and Environmental Rule Adoption/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 of the 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 RSFA documents also contain a section

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

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

documents.

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

with interested parties, consider all documentation relevant to the need for the rule

making, identify any need to adopt in order to maintain approval to administer a

federal environmental law, and it must include an RSFA.

On November 21,2008 and May 22,2009 Ohio EPA notified interested parties via

e-mail of the draft rule language. A copy of the 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. A copy of the e-mail and interested party list will be

provided upon request.
As evidenced in item (C) of the ERAF for each rule, Ohio EPA stated 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 relevant to the need for the rule making and identified

those documents in list form.
Article III

Attachment A

Letter to Secretary of State

and Director of LSC
The Honorable Jennifer Brunner

secretary of State

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 1
Rule 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 2
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 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

05/22/200908:06 AM

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 Protection Agency

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)

Paul J. Braun

Contact

614-644-2270

Phone

614-644-3681

Fax

3745-17-02

Rule Number

Rule Title/Tag Line

RESCISSION

TYPE of rule filing

Ambient air quality standards.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the 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 are being moved to OAC rule 3745-25-02. To prevent

duplicate language, this rule is being rescinded.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This rule contains the ambient air qualities standards for particulate matter in the

state of Ohio. To facilitate easier access to the ambient standards by the regulated

[ssvlesheer: r~fa.xsl 2.06. authoring rool: EZ1, p: 44337, po: 71939.. ra: 184573, d: 222M 7)) prill! date: 08/25/2009 03: 17 PM
Page 2 Rule Number: 3745-17-02

community, the standards are being consolidated in OAC rule 3745-25-02. To

prevent having duplicate standards in the rules, this rule is being rescinded.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites.

CFR references have also been dated to reference the specific version ofthe rules.

ORC 121.75 (D) exempts such references from the requirements ofORC 121.71

through 121.74.

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

3745-17-01.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not applicable

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

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

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

Not applicable

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

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

Not Applicable.

12. 119.032 Rule Review Date: 1/26/2009

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

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

rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required:
Page 3 Rule Number: 3745-17-02

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 by which this proposed rule would increase I

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule contains the ambient air quality standards for particulate matter in the

state of Ohio. The requirements for complying with and maintaining the standards

are contained in other rules. There is no cost of compliance 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 must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe l2lst General Assembly.
---_..__..__.._--_._--,

ACTION: Final [DATE: 04/08/2009 8:07 AM--'

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

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)

Paul J. Braun

Contact

614-644-2270

Phone

614-644-3681

Fax

3745-17-03

Rule Number

Rule TitlelTag Line

AMENDMENT

TYPE of rule filing

Measurement methods and procedures.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the 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 amended to update a citation to OAC rule 3745-17-02 in

paragraph (A) ofthis rule. The contents ofOAC rule 3745-17-02 are being moved

to OAC rule 3745-25-02 and the citation is being changed to point to OAC rule

3745-25-02 as well.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

[szvlesheet: rsfa.xsl 1,06. authoringrool: EZl, p: 44337, pa: 71939. ra: 184572. d: 222016j] print date: 08:25/2009 03:18 PM
Page 2 Rule Number: 3745-17-03

This rule specifies all the test methods and procedures that must be used in

determining compliance with the emission limitations and control requirements

contained in OAC rules 3745-17-07 through 3745-17-14.

This rule is being amended to update a citation to OAC rule 3745-17-02 in

. paragraph (A) ofthis rule. The contents ofOAC rule 3745-17-02 are being moved

to OAC rule 3745-25-02 and the citation is being changed to point to OAC rule

3745-25-02 as well.

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

claims the incorporation by reference is exempt from compliance with sections

121 .71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

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

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC l21.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

This rule contains references to the Code ofFederal Regulations (CFR). These

regulations are generally available through libraries and the Ohio EPA and USEPA

websites. The CFR references also have been dated to identify the specific versions

ofthe regulations being cited. ORC l21.75(D) exempts such references from the

requirements ofORC 121.71 through 121.74.

This rule also contains references to analytical test methods and procedures used to

measure pollutant emission rates, certify monitoring equipment, and measure other

parameters for materials subject to the requirements ofthis Chapter. These test

methods and procedures are commonly known and utilized by the testing firms,

laboratories, and regulated entities that perform this analytical work. Copies of

these test methods and procedures are available through libraries and the ASTM

and USEPA websites.

Referenced materials are cited, dated, and their availability noted in the last

paragraph ofOAC rule 3745-17-01.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not applicable
Page 3 Rule Number: 3745-17-03

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

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

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

Not Applicable.

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

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

Not Applicable.

12. 119.032 Rule Review Date: 112612009 and 0411812014

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

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

rule is the filing date.)

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not applicable

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

directly affected persons. When appropriate, please include the source for your

information/estimated costs, e.g. industry, CFR, internal/agency:
Page 4 Rule Number: 3745-17-03

This rule specifies the test methods and procedures that must be used in

determining compliance with the emission limitations and control requirements

contained in rules 3745-17-07 through 3745-17-14. There are no costs of

compliance associated with 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

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

comply with Am. Sub. 106 ofthe 121st General Assembly.
ACTION: Final I DATE: 04/08/2009 8:07 AM]

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air 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.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 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 several rule citations to Ohio's Ambient Air

Quality Standards.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This rule specifies contingency plan requirements for specific sources of particulate

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

matter emissions that are located within Cuyahoga and Jefferson Counties. An

affected source must comply with the more stringent emission limitations in the

rule if ambient air quality monitoring documents a violation ofthe National

Ambient Air Quality Standards for PMlOin the County in which the source is

located.

The rule is being amended to modify citations in paragraphs (A)(5) and (C) ofthis

rule and to make minor corrections to match LSCs formatting requirements.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

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

copies ofthese rules and statutes are generally available to the public through

libraries and on-line sources, including the Ohio EPA website, ORC 121.76(A)

exempts such references from the provisions ofORC 121.71 through 121.75.

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

infeasible for the agency to file the text or other material electronically, provide

an explanation of why 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 it was infeasible for the agency to file the text or other material,

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

Not Applicable.

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

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

Not Applicable.

12. 119.032 Rule Review Date: 2/1/2013

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

scheduled review date. If you answered YES to No.1, the review date for this
Page 3 Rule Number: 3745-17-14

rule is the filing date.)

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule contains requirements for specifically named facilities in Cuyahoga and

Jefferson county. These facilities have been in compliance with these requirements

since 1992 as required in the rule, and as such, have already prepared the plans and

contingencies required by this rule, therefore, there is no longer a cost of

compliance with this rule. The amendments to this rule do not add any additional

costs of compliance to 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

You must complete the Environmental rule Adoption!Amendment Form in order to
Page 4

comply with Am. Sub. 106 ofthe 121st General Assembly.

Rule Number: 3745-17-14
r-·----ACTION: Finai-----] [DATE: 04/08/2009 8:07 AMJ

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection A2ency

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

3745-18-02

Rule Number

Rule Title/Tag Line

RESCISSION

TYPE of rule filing

Ambient air quality standards; sulfur dioxide.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the 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 are being moved to OAC rule 3745-25-02. To prevent

duplicate language, this rule is being rescinded.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This rule contains the ambient air quality standards for sulfur dioxide in the state of

Ohio. To facilitate easier access to the ambient standards by the regulated

[stvlesheel: rsfhxs12.06. authoring 100l: £Z1, p: 44337, pa: 71939. ra: 184589, d: 222(10)} print date: 08/25/2009 03:20 PM
Page 2 Rule Number: 3745-18-02

community, the standards are being consolidated in OAC rule 3745-25-02. To

prevent having duplicate standards in the rules, this rule is being rescinded.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

This rule contains references to the Code of Federal Regulations (CFR). These rules

are generally available through libraries, Ohio EPA and U.S. EPA web sites. CFR

references have also been dated to reference the specific version ofthe rules. ORC

121.75 (D) exempts such references from the requirements ofORC 121.71 through

121.74.

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

3745-18-01.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not applicable

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

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

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

Not applicable

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

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

Not Applicable.

12. 119.032 Rule Review Date: 1/26/2009

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

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

rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required:
Page 3 Rule Number: 3745-18-02

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 by which this proposed rule would increase I

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not applicable

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

necessitated by the proposed rule:

Not applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule contains the ambient air quality standards for sulfur dioxide in the state of

Ohio. The requirements for complying with and maintaining the standards are

contained in other rules. There is no cost of compliance 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 must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. 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, whether the proposed rule or rule amendment is more stringent than its

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

[s(vlesheer: ruleem'ironmefllal.xsl 2.15.. authoring roo!: i4; 2.01 ;Hay 21, 2003? (dl': 2, p: 44337.. po: 71939, ra: 18458/, d: print date: 0811512009 03:21 PM
Page E-2

Clean Air Act

Rule Number: 3745-18-03

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention ofAir Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
ACTION: Final [ DATE: 04/08/2009 8:07 AM]

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Aeency

Agency Name

Division of Air Pollution 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

3745-21-02

Rule Number

Rule Title/Tag Line

RESCISSION

TYPE of rule filing

Ambient air quality standards and euidelines.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the 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 are being moved to OAC rule 3745-25-02. To prevent

duplicate language, this rule is being rescinded.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This rule identifies the National Ambient Air Quality Standards for ozone and

carbon monoxide. To facilitate easier access to the ambient standards by the

[stylesheer: rsfi:l.Xsl 2.06. authoring lOOl: EZ1, p: 44337, pa: 71939, ra: 184588. d: 222009)] print date: 08/25/2009 03:22 PM
Page 2 Rule Number: 3745-21-02

regulated community, the standards are being consolidated in OAC rule

3745-25-02. To prevent having duplicate standards in the rules, this rule is being

rescinded.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

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

copies ofthese rules and statutes are generally available to the public through

libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A)

exempts such references from the provisions ofORC 121.71 through 121.75.

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites.

CFR references have also been dated to reference the specific version ofthe rules.

ORC 121.75 (D) exempts such references from the requirements ofORC 121.71

through 121.74.

Referenced materials are cited, dated and availability noted in paragraph (FF) of

rule 3745-21-01 ofthe Administrative Code.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not Applicable

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

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

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

Not Applicable

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

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

Not Applicable.
Page 3 Rule Number: 3745-21-02

12.119.032 Rule Review Date: 1/26/2009

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

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

rule is the filing date.)

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule contains the ambient air quality standards for ozone and carbon monoxide

in the state of Ohio. The requirements for complying with and maintaining the

standards are contained in other rules. There is no cost of compliance 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
Page 4 Rule Number: 3745-21-02

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

comply with Am. Sub. 106 ofthe 121st General Assembly.
ACTION: Final ----J ~.---_._----------- J

DATE: 04/08/2009 8:07 AM

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution 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

3745-23-01

Rule Number

Rule TitlelTag Line

NEW

TYPE of rule filing

Definitions.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 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 being promulgated to relocate definitions and information on referenced

materials used in OAC chapter 3745-23.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

The new rule language contains definitions and information on materials referenced

in OAC chapter 3745-23. The language is being moved from OAC rule 3745-23-02

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

to create standardization within the air pollution control rules ofthe State of Ohio,

specifically, it is the protocol of Ohio EPA to place the definitions and infonnation

on referenced materials in the first rule of all air pollution control rule chapters.

Standardizing the location results in greater familiarity and ease of use of air

pollution control rules by the regulated community.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

This rule contains references to the Ohio Administrative Code (OAC). These rules

are generally available through libraries, Ohio EPA and U.S. EPA web sites. CFR

references have also been dated to reference the specific version ofthe rules. ORC

121.75 (D) exempts such references from the requirements ofORC 121.71 through

121.74.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not Applicable

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

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

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

Not Applicable.

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

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

Not Applicable.

12. 119.032 Rule Review Date: 04/1812014

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

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

rule is the filing date.)
Page 3 Rule Number: 3745-23-01

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule contains definitions and information on materials referenced in OAC

chapter 3745-23. There is no cost of compliance 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!Amendment Form in order to

comply with Am. Sub. 106 ofthe l21st General Assembly.
Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection A2ency

Agency Name

Division of Air Pollution 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

3745-23-02

Rule Number

Rule Title/Tag Line

AMENDMENT

TYPE of rule filing

Methods Of measurement.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the 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 amended rule as part of a reorganization of our rules to

consolidate the ambient air quality standards for the state ofOhio.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This rule establishes the analytical methods required for measuring the ambient

concentration of nitrogen dioxide in the state of Ohio.

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

This rule is being amended as part of Ohio EPA's effort to consolidate the ambient

air quality standards for the state of Ohio in a single rule. The amendments to this

rule are as follows:

1. Information on referenced materials have been moved to OAC rule 3745-23-01

and references to the material in the leading paragraph have been changed to match

the amendment.

2. A reference to the location ofthe ambient air quality standard for nitrogen

dioxide in paragraph (A) ofthis rule has been amended to note the new location in

OAC rule 3745-25-02.

3. A minor typographical change has been made in paragraph (A) to match LSC

style and formatting conventions. We have changed "division (B) ofthis

regulation" to "paragraph (B) ofthis rule".

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites.

CFR references have also been dated to reference the specific version ofthe rules.

ORC 121.75 (D) exempts such references from the requirements ofORC 121.71

through 121.74.

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

3745-23-01.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not Applicable

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

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

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

Not Applicable.
Page 3 Rule Number: 3745-23-02

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

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

Not Applicable.

12. 119.032 Rule Review Date: 1/26/2009 and 04/18/2014

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

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

rule is the filing date.)

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule prescribes the method by which ambient levels of nitrogen dioxide shall

be determined in the state of Ohio. There is no cost of compliance with establishing

an analytical method. The requirements for performing the tests are contained in

other rules.
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 Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.
[_.._---_._---- . ACTION: FInal

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution 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

3745-25-01

Rule Number

Rule TitlelTag Line

NEW

TYPE of rule filing

Definitions.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 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 being proposed as part ofthe 5 year review for OAC chapter 3745-25

as required by ORC 119.032.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This new rule contains definitions and information on the version and availability

rs~vlesheer: r4hxsl 2.06. authoring rool: EZI, p: 4433i, pa: 71939. ra: 184583, d: 222(23)] print date: 08/25/2009 03:31 PM
Page 2 Rule Number: 3745-25-01

ofitems referenced in OAC chapter 3745-25.

OAC chapter 3745-25 is being reorganized to include language on the ambient air

quality standards in the State of Ohio as well as the existing requirements for air

pollution emergency episodes. The existing text ofOAC rule 3745-25-01, the

chapter's "purpose statement", has been moved to OAC rule 3745-25-03. The new

language in this rule contains defmitions used throught this chapter and information

on referenced items as required by ORC 121.72.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

This rule contains references to the Code of Federal Regulations (CFR). These

regulations are generally available through libraries and the Ohio EPA and USEPA

websites. The CFR references also have been dated to identify the specific versions

ofthe regulations being cited. ORC l21.75(D) exempts such references from the

requirements ofORC 121.71 through 121.74.

Referenced materials are cited, dated, and their availability noted in paragraph (B)

ofthis rule.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not applicable

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

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

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

Not Applicable.

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

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

Not Applicable.
Page 3 Rule Number: 3745-25-01

12. 119.032 Rule Review Date: 04/18/2014

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

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

rule is the filing date.)

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule contains definitions and information on items referenced throughout OAC

chapter 3745-25. There is no cost of compliance with the 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

You must complete the Environmental rule Adoption/Amendment Form in order to
Page 4

comply with Am. Sub. 106 ofthe 121st General Assembly.

Rule Number: 3745-25-01
--_._.._.._._-_.._------_.

ACTION: Final

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution 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

Ambient air quality standards.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 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 being proposed as part ofthe Ohio EPA's consolidation of ambient air

quality standards in Ohio and as part ofthe 5 year review for OAC chapter 3745-25

as required by ORC 119.032.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

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

New OAC rule 3745-25-02 contains the primary and secondary ambient air quality

standards to be used in the state of Ohio. To facilitate easier access to the ambient

standards by the regulated community, Ohio EPA is combining the 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. The placement ofthis rule in OAC chapter 3745-25 was

intended to bring together the ambient air quality standards with the emergency

episode criteria, which are related to the ambient standards.

To create space to place the ambient standards in OAC rule 3745-25-02, the content

of all ofthe rules in OAC chapter 3745-25 have been shifted one number upward.

This will result in the creation of one new rule, 3745-25-05.

To prevent having duplicate standards in the rules, the rules that are being

consolidated into OAC rule 3745-25-02 are being rescinded.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

This rule contains references to the Code of Federal Regulations (CFR). These

regulations are generally available through libraries and the Ohio EPA and USEPA

websites. The CFR references also have been dated to identify the specific versions

ofthe regulations being cited. ORC 121.75(D) exempts such references from the

requirements ofORC 121.71 through 121.74.

Referenced materials are cited, dated, and their availability noted in the paragraph

(B) ofOAC rule 3745-25-01.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not applicable

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

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

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

Not Applicable.
Page 3 Rule Number: 3745-25-02

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

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

Not Applicable.

12.119.032 Rule Review Date: 04/18/2014

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

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

rule is the filing date.)

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule establishes the primary and secondary ambient air quality standards for

the state of Ohio. The requirement to monitor and conform to the ambient standards

are found in other OAC rules. There is no cost of compliance 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 Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General 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 Protection Agency

Agency Name

Division of Air 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

3745-25-03

Rule Number

Rule TitlelTag Line

AMENDMENT

TYPE of rule filing

Air pollution emergencies and episode criteria.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 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:

The rule is being proposed to fix a typographical error made during the recent 5 yr

review ofthis rule.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This rule was final filed to fulfill the requirements of ORe 119.032 (5yr review) on

[s~vlesheet: r~fa.xsl 2.06, authoring 1001: EZ1, p: 49897, pa: 84559. ra: 201170. d: 244099)] print date: 08/25/200903: 14 PM
Page 2 Rule Number: 3745-25-03

April 8, 2009. On April 10, 2009 it was discovered that a typographical error which

had not been caught during the QA/QC ofthe rule package had allowed the rule to

be adopted with an incorrect Air Quality Warning Level. After discussions with

LSC, it was determined that the error was too great to fix through the Notice of

non-compliance procedure, so the rule is being reproposed to JCARR with the

amended language.

There is only one change being made. Paragraph (E)(5)(a) is being changed from

"Photochemical oxidants measured as ozone: Eight hundred micrograms per cubic

meter (0.4 parts per million by volume), one-hour average; or" to "Two thousand

two hundred sixty micrograms per cubic meter (1.2 parts per million by volume),

one-hour average; or"

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

This response left blank because filer specified online that the rule does not

incorporate a text or other material by reference.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

This response left blank because filer specified online that the rule does not

incorporate a text or other material by reference.

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

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

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

Not Applicable.

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

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

Not Applicable.

12. 119.032 Rule Review Date: 4/18/2014
Page 3 Rule Number: 3745-25-03

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

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

rule is the filing date.)

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

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

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

Change rules. .

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

The content ofthe rule lists the criteria justifying the proclamation of an air

pollution "Alert", air pollution "Warning", or air pollution "Emergency" in the state

of Ohio. The requirements for acting when these criteria are met are contained in

other OAC rules. There is no cost of compliance with establishing these 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

You must complete the Environmental rule Adoption/Amendment Form in order to
Page 4

comply with Am. Sub. 106 ofthe 121st General Assembly.

Rule Number: 3745-25-03
ACTION: Final --]

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution 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

3745-25-04

Rule Number

Rule Title/Tag Line

NEW

TYPE of rule filing

Air pollution emergency emission control action programs.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 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 being proposed as part ofthe Ohio EPA's consolidation of ambient air

quality standards in Ohio and as part ofthe 5 year review for OAC chapter 3745-25

as required by ORC 119.032.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

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

This rule contains text moved from existing OAC rule 3745-25-03. The rule

discusses the requirements for emission control action programs and requires that

"Any person responsible for the operation of a source of air contaminants which

emits 0.25 tons per day or more of air contaminants for which air quality standards

have been adopted shall prepare...[a plan]" .

To facilitate easier access to the ambient air quality standards (AAQS) ofthe state

of Ohio by the regulated community, Ohio EPA is consolidating them and moving

them to OAC chapter 3745-25. OAC chapter 3745-25 was chosen as the location

for this rule because it also contains Ohio's emergency episode standards. The

emergency episode standards, based on the federal standards in 40 CFR Part 51,

Subpart H, set action levels above which air emergencies shall be declared. If an

emergency is declared, regulated communities and facilities must implement their

emergency control action programs to reduce airborne concentrations ofthe six

priority pollutants back below the emergency levels. The placement ofthe AAQS

rule in this chapter will combine both the regular standards and the emergency

standards in one location.

To make space for the AAQS in OAC rule 3745-25-02, the text of each succeeding

rule was displaced by one rule number. For instance, the existing text of OAC rule

3745-25-02 was moved to OAC rule 3745-25-03 and so on. Ohio EPA also

performed a 5 year review ofthe existing text in OAC chapter 3745-25 and made

typo and formatting changes to match LSCs style and formatting guidance and

changes to comply with the requirements ofORC 121.72 for referenced materials.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

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

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not Applicable
Page 3 Rule Number: 3745-25-04

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

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

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

Not Applicable.

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

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

Not Applicable.

12.119.032 Rule Review Date: 04/18/2014

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

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

rule is the filing date.)

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues / expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

information/estimated costs, e.g. industry, CFR, internal/agency:
Page 4 Rule Number: 3745-25-04

This rule discusses the requirements for emission control action programs and

requires that "Any person responsible for the operation of a source of air

contaminants which emits 0.25 tons per day or more of air contaminants for which

air quality standards have been adopted shall prepare...[a plan]". This rule requires

sources that must obtain a permit-to-install and operate under OAC rule 3745-31-02

or a permit-to-operate under OAC Chapter 3745-77 to submit an emissions control

action plan at the time they apply for their permit. Paragraph (E) ofthis rule also

allows the director to request a copy be submitted within 30 days ofthe director's

request from any facility meeting the requirements of paragraph (A) ofthis rule.

Please see the attached fiscal analysis for a detailed description ofthe cost of

compliance with this rule.

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

municipal corporations? Yes

You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply

with Am. Sub. S.B. 33 ofthe 120th General 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 Environmental rule Adoption/Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.
----_._-------------

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

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

rs(vlesheer: ruleenvirotlmenral.xs12.15,. aUThoring 1O0l: i4i 2.011\1ay 21,2003.. (d\': 5, p: 44337. pa: /1939. ru: 184576; d: print date: 08/25/2009 03:40 PM
Page E-2

Clean Air Act

Rule Number: 3745-25-04

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention ofAir Pollution 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 or to participate in a federal environmental program?

Yes

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

counterpart? No

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

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

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

to amend? No

Not Applicable
___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 Protection Agency

Agency Name

Division of Air Pollution Control (DAPC)

Division

50 West Town Street, Suite 700 PO Box 1049

Columbus OR 43216-1049

Agency Mailing Address (Plus Zip)

PaulJ.Braun

Contact

614-644-2270

Phone

614-644-3681

Fax

3745-25-05

Rule Number

Rule TitielTag Line

NEW

TYPE of rule filing

Air pollution emergency orders.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 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 being proposed as part ofthe Ohio EPA's consolidation of ambient air

quality standards in Ohio and as part ofthe 5 year review for OAC chapter 3745-25

as required by ORC 119.032.

7~ If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

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

This rule discusses emergency orders that may be issued by the director of Ohio

EPA ifit is determined that an air pollution episode ("Alert", "Warning", or

"Emergency") exists.

To facilitate easier access to the ambient air quality standards (AAQS) ofthe state

of Ohio by the regulated community, Ohio EPA is consolidating them and moving

them to OAC chapter 3745-25. OAC chapter 3745-25 was chosen as the location

for this rule because it also contains Ohio's emergency episode standards. The

emergency episode standards, based on the federal standards in 40 CFR Part 51,

Subpart H, set action levels above which air emergencies shall be declared. Ifan

emergency is declared, regulated communities and facilities must implement their

emergency control action programs to reduce airborne concentrations ofthe six

priority pollutants back below the emergency levels. The placement ofthe AAQS

rule in this chapter will combine both the regular standards and the emergency

standards in one location.

To make space for the AAQS in OAC rule 3745-25-02, the text of each succeeding

rule was displaced by one rule number. For instance, the existing text of OAC rule

3745-25-02 was moved to OAC rule 3745-25-03 and so on. New rule 3745-25-05 is

the result moving the text of existing rule 3745-25-04. Ohio EPA also performed a

5 year review ofthe existing text in OAC chapter 3745-25 and made typo and

formatting changes to match LSCs style and formatting guidance' and changes to

comply with the requirements ofORC 121.72 for referenced materials.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

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

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

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

infeasible for the agency to file the text or other material electronically, proVide

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

infeasible:

Not Applicable

10. If the rule is being rescinded and incorporates a text or other material by
Page 3 Rule Number: 3745-25-05

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

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

Not Applicable.

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

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

Not Applicable.

12.119.032 Rule Review Date: 04/1812014

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

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

rule is the filing date.)

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

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

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

Change rules.

FISCAL ANALYSIS

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule discusses emergency orders that may be issued by the director of Ohio

EPA ifit is determined that an air pollution episode exists. Please see the attached
Page 4 Rule Number: 3745-25-05

fiscal analysis for a description ofthe cost of compliance with this rule.

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

municipal corporations? Yes

You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply

with Am. Sub. S.B. 33 ofthe 120th General 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 Environmental rule Adoption/Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.
,-._-------------_.._--

ACTION: Final

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution Control (DAPC)

Division

50 West Town Street, Suite 700 PO Box 1049

Columbus OR 43216-1049

Agency Mailing Address (Plus Zip)

Paul J. Braun

Contact

614-644-2270

Phone

614-644-3681

Fax

3745-71-02·

Rule Number

Rule Title/Tag Line

RESCISSION

TYPE of rule filing

Ambient air quality standards - lead.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the 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 being moved to OAC rule 3745-25-02. To prevent

duplicate language, this rule is being rescinded.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This rule contains the ambient air qualities standards for lead in the state of Ohio.

To facilitate easier access to the ambient standards by the regulated community, the

[s(vlesheer: r~f{l.xsI2.06. authoring fOol: Ell, p: 44337, pa: 71939. ra: 184574. d: 222(18)J print date: 08/25/2009 03:42 PM
Page 2 Rule Number: 3745-71-02

standards are being consolidated in OAC rule 3745-25-02. To prevent having

duplicate standards in the rules, this rule is being rescinded.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

This response left blank because filer specified online that the rule does not

incorporate a text or other material by reference.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

This response left blank because filer specified online that the rule does not

incorporate a text or other material by reference.

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

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

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

This response left blank because filer specified online that the rule does not

incorporate a text or other materials by reference.

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

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

Not Applicable.

12. 119.032 Rule Review Date: 1/26/2009

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

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

rule is the filing date.)

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

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

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

Change rules.
Page 3

FISCAL ANALYSIS

Rule Number: 3745-71-02

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

decrease either revenues I expenditures for the agency during the current

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

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule contains the ambient air quality standards for lead in the state of Ohio.

The requirements for complying with and maintaining the standards are contained

in other rules. There is no cost of compliance 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 must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General 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, whether the proposed rule or rule amendment is more stringent than its

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

[szvleshcer: ruleenviroflfllemal.xs12.15. authoring rool: i4i 2.01 Jlll~r 21,2003, (til>: 6, p: 44337. pa:,71939, ra: 184573, d: print date: 08/25/2009 03: 17 PM
Page E-2

Clean Air Act.

Rule Number: 3745-17-02

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention of Air Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
[ A_C_T_IO_N_:_F_in_a_l _

Page E-1

[ DATE: 04/08/2009--8:07 AM 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, whether the proposed rule or rule amendment is more stringent than its

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

[szvlesheet: ruleenvironmenral.xs12.15. af.f!horing rool: ;4; 2.01 IH,{V 21,2003, (dl': 3, p: 44337, pa: 71939, ra: 184572, d: print date: 08/2)/200903:18 PM
Page E-2

Clean Air Act

Rule Number: 3745-17-03

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention ofAir Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
___A_C_T_I_O_N_:_F_ill_a_I l

Page E-1

'-DATE: 04/08/2009 8:07 AM]

Rule Number: 3745-17-14

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

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23, 2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

[szvlesheel: ruleenvironmcmal.xsl 2.15. authoring rool: i4i 2.01 A1ay 21,2003, (dl': 2, p: 44337. pa: 71939, ra: 184571, d: print date: 08/25/2009 03: 19 PM
Page E-2

Clean Air Act

Rule Number: 3745-17-14

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention ofAir Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
._-----_._----_._--_._.-

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, a state agency shall:

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

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

amendment.

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

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

proposed rule or rule amendment.

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

[s!..vlesheer: ruleenvironmemal.xs12.15. aurhoring tool: i4; 2.011Ha.r 21,2003. rdl': 2, p: 44337, pa: 71939. ra: 184589, d: print date; 08/25/2009 03:20 PM
Page E-2

Clean Air Act

Rule Number: 3745-18-02

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention of Air Pollution 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

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

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

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

to amend? No

Not Applicable
[-- --.-...--.----..-.--.--J

ACTION: Final ,.------- --_._._----_.-

DATE: 04/08/2009 8:07 AM

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection A~ency

Agency Name

Division of Air 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

3745-18-03

Rule Number

Rule Title/Tag Line

AMENDMENT

TYPE of rule filing

Attainment dates and compliance time schedules.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 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 amended to update several rule citations to Ohio's Ambient Air

Quality Standards.

7. If the rule is an AMENDMENT, then summarize the changes and the content

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

then summarize the content of the rule:

This rule defines the attainment dates for the ambient standards and the

compliancetime schedules for previously affected facilities.

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

This rule is being amended primarily to update several rule citations to Ohio's

Ambient Air

Quality Standards. Ohio EPA is also taking advantage to correct several typos and

make some changes required by LSC formatting standards.

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

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

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

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

available to those persons:

This rule contains references to the Ohio Administrative Code (OAC). These rules

are generally available through libraries, Ohio EPA and U.S. EPA web sites. CFR

references have also been dated to reference the specific version ofthe rules. ORC

121.75 (D) exempts such references from the requirements ofORC 121.71 through

121.74.

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

infeasible for the agency to file the text or other material electronically, provide

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

infeasible:

Not applicable

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

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

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

Not Applicable.

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

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

Not Applicable.

12. 119.032 Rule Review Date: 1/23/2011

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

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

rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required:
Page 3 Rule Number: 3745-18-03

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 by which this proposed rule would increase /

decrease either revenues / expenditures for the agency during the current

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

budget of your agency/department. .

This will have no impact on revenues or expenditures.

$0.00

Not Applicable

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

necessitated by the proposed rule:

Not Applicable

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

directly affected persons. When appropriate, please include the source for your

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

This rule defines the attainment dates for the ambient standards and the compliance

time schedules for previously affected facilities. There is no cost of compliance

with establishing an attainment date. The amendments to this rule do not add any

cost of compliance.

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

municipal corporations? No

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

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

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

comply with Am. Sub. 106 ofthe 121st General Assembly.
[-_.- ACTION: Fin~l-·-------·---l

Page E-1

DATE: 04/08/2009 8:07 AM

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

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

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

Clean Air Act

Rule Number: 3745-21-02

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention of Air Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
[--------- -

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

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

[sTylesheel: ruleenvirotlt1le!1lal.xsI2.15, authoring lOol: i4i 2.01 Jfa..r 21,2003, (d\': 1, p: 44337. pa: 71939. ra: 184585, d: print date: 08/25/1009 03:23 PM
Page E-2

Clean Air Act

Rule Number: 3745-23-01

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention of Air Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
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, whether the proposed rule or rule amendment is more stringent than its

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list of interested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this 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 PM
Page E-2

Clean Air Act

Rule Number: 3745-23-02

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention ofAir Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
--_.._--_._-_._------_._-_.

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

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this 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:Vl
Page E-2

Clean Air Act

Rule Number: 3745-25-01

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention ofAir Pollution 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

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

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

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

to amend? No

Not Applicable
Page 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, whether the proposed rule or rule amendment is more stringent than its

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

stringent, the rationale for not incorporating its federal· counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

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

Clean Air Act

Rule Number: 3745-25-02

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention ofAir Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
[_.__A--,-C_T_I_O_N_:F_i_na_l__~----,

Page E-1

,...----_._------

DATE: 08111/2009 8:00 AM

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, a state agency shall:

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

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

amendment.

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

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

proposed rule or rule amendment.

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

The rule was final filed on April 8, 2009. On April 10, 2009, it was detennined that

a typographical error in this rule had incorrectly identified one ofthe Air Quality

Warning Levels. The public comment period will be held in conjunction with the

proposal comment period in the 30 days leading up to the Public Hearing. A public

hearing notice will be sent to Ohio EPA's standard interested parties notification list

as well as being posted in the 12 major newspapers statewide. A copy ofOhio

EPA's interested parties notification list can be provided upon request.

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

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

feasibility of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

[s(vlesheet: ruleenvironmenral.xs12.15,. authoring rool: i4i 2.01 :Hay 21,2003, (dl'." 1, p: 49897. pa: 84559. ra: 201170, d: print date: 08/151100903:14 PM·
Page E-2 Rule Number: 3745-25-03

The change was due to a review ofthe adopted language ofthe rule and comparison

with the 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 or to participate in a federal environmental program?

Yes

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

counterpart? No

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

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

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

to amend? No

Not Applicable
-------_._--------------,

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

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

[s~vlesheel: ruleenvironm£'mal.xs12.15,. aurhoring rool: i4i 2.011Hay 21, 2003, (dJ': 6, p: 44337. pa: 71939, I'D: 184575, d: print date: 08/2,/2009 03:42 PM
Page E-2

Clean Air Act

Rule Number: 3745-25-05

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention of Air Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
· ---.---.--..-------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, whether the proposed rule or rule amendment is more stringent than its

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

stringent, the rationale for not incorporating its federal counterpart.

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

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

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

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

rule or amendment consulted? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of

November 21,2008 to December 23,2008. No comments were received on Ohio

EPA's draft rule language. A list ofinterested parties will be 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 of the proposed rule or amendment considered? Yes

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.)

The list ofitems reviewed prior to proposing the rules in this package include:

[srylesheet: ruleem'ironlllcmal.xsI2.15. aurhoring roo!.' i4i 2JJl .May 21,2003: (d\'." 5, p: 44337. pa: 71939. ra: 184574, d: print date: 08/251.2009 03:43 PM
Page E-2

Clean Air Act

Rule Number: 3745-71-02

40 CFR Part 50 ("National Primary and Secondary Ambient Air Quality

Standards")

40 CFR Part 51, Subpart H ("Prevention of Air Pollution 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) If this is a rule amendment that is being adopted under a state statute that

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

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

to amend? No

Not Applicable
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 of Workers' 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 of Workers' 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 1·3/30/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE 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 of a marriage and family therapist.

New Rule Original Filing No 4757-27-02 Scope of practice of an independent marriage and family therapist.

Amendment Original Filing Yes 4757-29-01" Marriage and family therapy supervision.

S Department of Administrative 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 of Administrative 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 of Administrative 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 of Administrative 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 over the 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 of the 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 or four 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 of two-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 3·3/30/2009
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 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: 2/13/2009

Rule 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

New Rule Original Filing

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 diagnostic testing

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 of Job 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 of facility services in an ambulatory surgery center.

16 De(lJartment of Job 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 of Job and Family Services' Division of Medical Assistance
FINAL 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 of Job 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), disability financial 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 of Job 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 of a 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.

JCARR 77 South High Street· Concourse Level, Columbus, Ohio 43215· (614) 466-4086' www.jcarr.state.oh.us· Page 5· 3/30/2009
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 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 a foster child under age two.

Site and safety requirements for a foster home.

Foster home certificate.

Additional requirements for a medically fragile 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

New Rule Revised Filing No 5101 :6-2-37

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 of Job 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 of Job 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 near the 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

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

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.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 7·313012009
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

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 for fees.

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 of the hydrologic system.

Protection of fish, 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 of Wildlife

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 Jurisdiction Ends: 4/5/2009 Public Hearing: 3/5/2009

1501:31-9-01

Rule Number

1501 :31-1-02

Rule Title

Definition of terms.

Special regulations applying to all properties owned, leased, or under control of the

division of wildlife.

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 of wells.

Prohibition of movement of fluid 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 of firearms 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

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215' (614) 466-4086' www.jcarr.state.oh.us • Page 9 • 3/30/2009
FINAL AGENDA

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 by the director.

Class I annual permit fee; fee per ton 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: 3/5/2009
FINAL 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 • 313012009
FINAL 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: 1/20/2009
FINAL 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 of To 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 • 3/30/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY 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 of Withdrawn Filing: 3/18/2009 Jurisdiction Ends: Public Hearing: 9/26/2007

FYR?

No

Date of Withdrawn Filing: 3/25/2009 Jurisdiction Ends:

Rule~ Action

New Rule Withdrawn Filing

41 Department of Aging·

Total Rules: 9 Original Filing Date: 2/18/2009

Rule 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 of Withdrawn 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.

, ........ , ... __ ,... _ ........ ,.!_ " ........ ..lr /roA AI ",..,... -fro.,"\", •• _._ •• : •• _.j._.j. _ _ L •• _ .. n ../ A _ ""),.,,,p''l''l"'ln
JOINT COMMITTEE ON AGENCY RULE 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 of Agriculture· 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 for the receipt of funds.

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 of time.

Jurisdiction Ends: 7/22/2009 Public Hearing: 6/18/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086' www.jcarr.state.oh.us· Page 1· 7/9/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE 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 of school 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.

Interdisciplinary team 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, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 2·7/9/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE 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 of services 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 under the Ryan White program.

New Rule Original Filing No 3701-44-04 Payment for services.

Rescission Original Filing Yes 3701-44-05 Eligibility for benefits under the Ryan White program.

New Rule Original Filing No 3701-44-05 Eligibility for benefits under the Ryan White part B program.

Rescission Original Filing Yes 3701-44-06 Eligibility of providers for the 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 of eligibility and authorization decisions.

New Rule Original Filing No 3701-44-07 Reconsideration process for denial or termination 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 of services covered by the

home health program.

Rescission Original Filing Yes 3701-44-10 Payment for services under the Ryan White home health program.

Rescission Original Filing Yes 3701-44-11 Eligibility for benefits under the 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 3·7/9/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE 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 of Job 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 of Job 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

No 5101 :3-3-02

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 of Job 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 of Job 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' 7/9/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY 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 of Job 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 of Job 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: 5/27/2009

Rule Number

5101 :3-2-08.1

Rule Title

Assessment rates.

Jurisdiction Ends: 7/31/2009 Public Hearing: 6/29/2009

Jurisdiction Ends: 7/16/2009 Public Hearing: 6/15/2009

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 of Job 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 of Job and Family Services· Division of Workforce 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, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 5·7/9/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY 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 of waiver 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, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 6· 7/9/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY 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 of selection.

New Rule Original Filing No 3304-2-65 Order of selection.

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, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 7·7/9/2009
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE 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 of To 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 of Withdrawn 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 of Job and Family Services· Division of Public Assistance

Total Rules: 1 Original Filing Date: 4/3/2009 Date of Withdrawn Filing: 6/29/2009 Jurisdiction Ends:

Public Hearing: 6/23/2009

Public Hearing: 5/5/2009

Withdrawn Filing No 5101 :1-40-08.2

Rule Type Action FYR? Rule Number Rule Title

Medicaid: coverage for children with income more than two hundred per cent of the

federal poverty level (FPL). New Rule

29 School Employees Health Care Board· General Procedures

Total Rules: 1 Original Filing Date: 5/13/2009 Date of Withdrawn Filing: 7/7/2009 Jurisdiction Ends: Public Hearing: 6/18/2009

Date of Withdrawn 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: 6/19/2009

Rule Number

3306:1-4-01

Rule Title

Administration.

Public Hearing:

JCARR 77 South High Street· Concourse Level, Columbus, Ohio 43215· (614) 466-4086' www.jcarr.state.oh.us· Page 8' 7/9/2009
FINAL 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.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 9·7/9/2009
Article III

Attachment D

Final Adoption Notice to LSC

Director and Secretary of

State
II

I Ie Fili

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 of the

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 of the

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 of Air Pollution Control

Response to Comments

Rule: 3745-25-03, "Air pollution emergencies and episode criteria"

Agency Contact for this 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 of the commenter follows the comment in

parentheses.

General/Overall Concerns

Comment 1:

Response 1:

We think there is a typographical error in OAC rule 3745-

25-03(0)(5)(a). (Comment received from industry source

after final 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