3745-31-24 Nonattainment provisions- baseline for determining credit for 

emission and air quality offsets. 

[Comment: For dates and availability of non-regulatory government publications, 

publications of recognized organizations and associations, federal rules, and federal 

statutory provisions referenced in this rule, see "IReSFflSFatieR by Referenee" at the eRa sf 

mle 374§ 31 91 sf the AdministratiYe Cede paragraph CLLLLLLl of rule 3745-31-01 of 

the Administrative Code entitled. "referenced materials."7] 

(A) Applicability~ 

This rule applies to any major stationary source or major modification that is to be 

constructed in an area designated in 40 CFR 81.336 as nonattainment for an air 

pollutant for which the major stationary source or major modification is major. 

(B) The baseline fer aeteffilining ereait fer effiissien reffitetieRs is the efllissien lifllit 

under the Ol!ie state iffij'llereentatien J:3lan in effeet at the !free the 8j9J:31ieatiea te 

esRstruet is filed, eJteeJ:3t that tl!e effse: baseliRe sl!alll!e the aetttal effiissieRs ef the 

setlfee frere vtl!ieh effset ereait is ebtaiRea ·,vl!ere Baseline for determining credit 

for emission offsets.;-

(]) The baseline for determining credit for emission offsets shall be the emission 

limit under the Ohio state implementation plan in effect at the time the 

application to construct or modify a source is filed. Thus credit for emission 

offset purposes may be allowed for existing control that goes beyond that 

required by the Ohio state implementation plan. Where the Ohio state 

implementation plan does not contain an emission limitation for that source 

or source category. the emission offset baseline involving such sources shall 

be the actual emissions determined in accordance with the following: 

(a) The baseline emissions for existing sources providing the offsets shall be 

calculated using the actual emissions definition specified in rule 

3745-31-01 of the Administrative Code. The director shall allow a 

pounds per hour averaging period for determining emission offsets 

when a tons per year averaging period results in a significant over- or 

underestimation of emission offset credits. 

(b) Where the emission limits under the Ohio state implementation plan allow 

greater emissions than the potential to emit of the source. emission 

offset credit will be allowed only for control below this potential. 

f-1-Hll The demonstration of reasonable further progress and attainment of ambient 

air quality standards is based upon the actual emissions of sources located 

within a designated nonattainment area for which the preconstruction review 

program was adopted;-er~ 

··-.. ··----·---·-·---~·-""""--"""-" ·o-:-''' 
3745-31-24 2 

(2) Tlie Oliie state iffi]'lleffieflta!iefl plan Elees Ret eentaiH aR effiissisfl limitatisfl fsF 

tliat SSHFee Sf settree eateger)'. 

(C) Where !lie emissieH limits ttnE!er !lie Oliie state iffi)'llementatien plaR alle•.vs greater 

emissieHs !liaR !lie jlBtential te emit ef !lie settFee, emissieH effuet ereait will be 

&!leweEI eRly fer eefi!Fel belew tliis petefltial. 

f,91CC) Old growth cushion~ 

Only those emissions that have been set aside for new source growth in the most 

recent Ohio state implementation plan can be used by a major stationary source or 

major modification to offset emissions. Emissions reserved for new source growth 

in past Ohio state implementation plans cannot be used by a major stationary source 

or major modification to offset emissions. 

fE1(ID Combustion of fuels~ 

Generally, the emissions for determining em1sswn offset credit involving an 

existing fuel combustion stationary source will be the allowable emissions under 

the Ohio state implementation plan for the type of fuel being burned at the time the 

major stationary source application is filed (i.e., if the existing owner or operator of 

the stationary source has switched to a different type of fuel at some earlier date, 

any resulting emission reduction [either actual or allowable) shall not be used for 

emission offset credit). If the owner or operator of the existing stationary source 

commits to switch to a cleaner fuel at some future date, emission offset credit based 

on the allowable emissions for the fuel involved is not acceptable unless the permit 

is conditioned to require the use of specific alternative control measures that would 

achieve the same degree of emission reductions should the stationary source be 

switched back to a dirtier fuel at some later date. The applicant must provide 

information to the director that documents that adequate long-term supplies of the 

new fuel are available. 

f¥1® Rocket engines or motors~ 

The director shall allow the owner or operator of a major stationary source to offset 

by alternative or innovative means emission increases from rocket engine and 

motor firing, and cleaning related to such firing, at an existing or modified major 

stationary source that tests rocket engines or motors under the following conditions: 

(I) Any major modification proposed is solely for the purpose of expanding the 

testing of rocket engines or motors at an existing stationary source that is 

permitted to test such engines on November 15, 1990. 
3745-31-24 3 

(2) The applicant demonstrates to the satisfaction of the director that it has used all 

reasonable means to obtain and utilize offsets, as detennined on an mmual 

basis, for the emission increases beyond allowable levels, that all available 

offsets are being used, and that sufficient offsets are not available to the major 

stationary source. 

(3) The applicant has obtained a written finding from the United States department 

of defense, United States department of transportation, national aeronautics 

and space administration or other appropriate federal agency, that the testing 

of rocket motors or engines at the major stationary source is required for a 

program essential to the national security. 

( 4) The major stationary source will be in compliance with an alternative measure, 

imposed by the director, designed to offset any emission increases beyond 

permitted levels not directly offset by the stationary source. 

tGl{fl Operating hours and stationary source shutdown. 

(!) The owner or operator of a stationary source may be credited with emission 

reductions achieved by shutting down an existing stationary source or 

permanently curtailing production or operating hours below baseline levels if 

stteh reEittetieRs are pefffiaReRt, E!l:taRtifiallle, aRe feEierally eRfereeallle. ffi 

aEIEiitieH, the shtttEiewR er ettftaifiReRt is ereEiitallle eRly if it eeei±TfeEI eH er 

after the Elate speeifieEI ffir this fli±FflSSe iH the Ohie state iffij'lieFReRtatieR p!aR, 

aRe if stteh Elate is eR er after the Elate ef the ¥Rest reeeRt eFRissien iRveRteey 

ttseEI iR the Ohie state iffij'lieFReRtatieR plaR's EleFReRs!FatisR ef attaiflffieRt. 

Where the Ohie state iffij'lleFReRtatieR plaR Elees net speeify a et±tsff Elate fer 

shti!EievR ereEiits, the Elate sf the ¥Rest reeent eFRissieR iRveRtery' sr 

attai!Hl'lSRt EleFReRs!FatieR, as the ease fUEl)' ee, shall flj'lj'liy. Ilswever, iR RS 

eveRt ¥REI)' ereEiit be giveR ffir shtttEiswRs v;hieh eeel±ffeEI prier te t\:ttgttst 7, 

1977, Fer pttrpsses sf this j'lflfagfflj'lh, the Elireetsr ¥REI)' eheese ts eeRsiEier a 

j'lfier ll-hti!EiewR er ettftailmeRt te hwve seetlffecl after the clate sf its rnsst 

reeeRt ernissisR iRveRtSf)', if the iR•reRtSf)' eJ'fllieitly· iRelttEies as ettFFeRt 

eJcistiRg eFRissisRs the eFRissisRs fFsffi stteh previsttsly shtitEiswR sr et±ftaileEI 

statiSRflf)' ssttrees the following requirements are met:~ 

(a) Such reductions are surplus. permanent, quantifiable, and federally 

enforceable or legally and practicably enforceable by the state. 

(b) The shutdown or curtailment occurred after the last day of the base year 

used for the Ohio state implementation planning process. For purposes 

of this paragraph. the director may choose to consider a prior shutdown 

or curtailment to have occurred after the last day of the base year if the 
3745-31-24 4 

projected em1ss1ons inventory used to develop the most recent 

attainment demonstration explicitly includes the emissions from such 

previously shutdown or curtailed emission units. However. in no event 

may credit be given for shutdowns that occurred before August 7. 1977. 

(2) Emission reductions that do not meet the requirements of paragraph (F)(]) of 

this rule may be credited ill tile a\3sooee ef all llj3j9fevea !ffi&i!lffiellt 

aeffiellstffitiell elll)' if the shutdown or curtailment occurred on or after the 

date the major stationary source application is filed, or, if the applicant can 

establish that the proposed major stationary source is a replacement for the 

shutdown or curtailed stationary source and the cutoff date provisions of 

paragraph fG*B CF)(1)(b) of mle 3745 31 24 ef the Atiffiillistrtttive Ceae this 

rule are observed. 

fH){Q} Credit for volatile organic compound (VOC) substitution. 

No emission offset credit may be allowed for replacing one VOC with another of 

lesser reactivity, except for those compounds listed in Table 1 of the United States 

environmental protection agency's "Recommended Policy on Control of Volatile 

Organic Compounds". 

fl10il Banking of emission offset credit. 

For owners or operators of major stationary sources obtaining permits by applying 

offsets after January 16, 1979, the director may allow offsets that exceed the 

requirements of reasonable progress toward attainment to be banked (i.e., saved to 

provide offsets for a major stationary source seeking a permit in the future) for use 

under this rule. Likewise, the director may allow the owner of an existing stationary 

source that reduces its own emissions to bank any resulting reductions beyond 

those required by the Ohio state implementation plan for use under this ruling, even 

if none of the offsets are applied immediately to a new major stationary source 

permit. The director may allow these banked offsets to be used under the 

preconstruction review program; as long as these banked emissions are consistent 

with the Ohio state implementation plan control strategy. The director may not 

approve the construction of a major stationary source using banked offsets if the 

new major stationary source would interfere with the Ohio state implementation 

plan control strategy or if such use would violate any other condition set forth for 

use of offsets. 

f.8ill Offset credit for meeting new source performance standards or national emission 

standards for hazardous air pollutants. 

Where a stationary source is subject to an emission limitation established in a new 

source performance standard or a national emission standard for hazardous air 

pollutants, (i.e., requirements under Sections 111 and 112, respectively, of the 
3745-31-24 5 

Clean Air Act), and a different Ohio State implementation plan limitation, the more 

stringent limitation shall be used as a baseline for determining credit for emission 

offsets. The difference in emissions between the Ohio state implementation plan 

and the new source performance standards or national emission standards for 

hazardous air pollutant standards, for such stationary source may not be used as 

offset credit. 

EK-till All emission reductions claimed as offset credit shall be federally enforceable. 
3745-31-24 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01/10/2014 and 05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

4/12/96, 10/28/04, 12/1/06 

6 
3745-31-25 N onattainment provisions - location of offsetting emissions. 

[Comment: For dates and availabilitv of non-regulatory government publications. 

publications of recognized organizations and associations. federal rules. and federal 

statutory provisions referenced in this rule. see paragraph CLLLLLL) of rule 3745-31-01 

of the Administrative Code entitled. "referenced materials."] 

CA) Applicability. 

This rule applies to any major stationary source or major modification that is to be 

constructed in an area designated in 40 CFR 81.336 as nonattainment for an air 

pollutant for which the major stationary source or major modification is major. 

(B) All regulated NSR pollutants as defined under rule 3745-31-01 of the Administrative 

Code. 

The owner or operator shall obtain creditable emission reductions of any regulated 

NSR pollutant from the same source or other sources in the same nonattainment 

area. except that the director may allow the owner or operator of a major stationary 

source to obtain such emission reductions in another nonattainment area if the 

following requirements are met: 

Cl) The other nonattainment area has an equal or higher nonattainment 

classification. provided that the higher offset ratio is utilized. than the 

nonattainment area in which the major stationary source is located. and: 

(2) Emissions from such other nonattainment area contribute to a violation of the 

national ambient air quality standard in the nonattainment area in which the 

m'ljor stationary source is located. 

(C) Sulfur dioxide. particulate matter. PMl 0. PM 2.5. lead and carbon monoxide. 

Since the air quality impact of sulfur dioxide. particulate matter. PMlO. PM 2.5. 

lead and carbon monoxide is site dependent. simple area wide mass emission 

offsets may not be appropriate. For these air pollutants. the director may require 

atmospheric dispersion modeling to ensure that the emission offsets provide a 

positive net air QUality benefit. This modeling shall be conducted in accordance 

with the director's guidance. 
3745-31-25 

Replaces: 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

3745-31-25 

05/29/2014 

05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

4/12/96, 1211/06 

2 
3745-31-26 Nonattainment provisions- offset ratio requirements. 

[Comment: For dates and availabili1y of non-regulatory government publications. 

publications of recognized organizations and associations. federal rules. and federal 

statutory provisions referenced in this rule. see paragraph (LLLLLL) of rule 3745-31-01 

of the Administrative Code entitled. "referenced materials."] 

(A) In meeting the emissions offset in rules 3745-31-21 to 3745-31-27 of the 

Administrative Code. the following shall occur: 

(1) The ratio of total actual emissions reductions to the emissions increase shall be 

at least 1.0 to 1.0 unless an alternative ratio is provided for the applicable 

nonattainment area in paragraphs (C) and (D) of this rule. 

(2) The emissions offsets obtained shall be for the same regulated NSR pollutant 

except for interprecursor offsetting permitted under paragraph (D) of this 

rule. 

(B) Offsets may be obtained from areas that have a higher nonattainment classification. 

provided the higher offset ratio is utilized. than the nonattainment area in which the 

major stationary source is to be located. 

(C) Ozone nonattainment area offset requirements for VOC and nitrogen oxides are as 

follows: 

( 1) In areas that are not classified as marginal. moderate. serious. severe or extreme 

areas. the offset ratio shall be greater than 1.0 to I .0. 

(2) Marginal areas. the minimum required offset ratio is 1.1 to 1.0. 

(3) Moderate areas. the minimum required offset ratio is 1.15 to 1.0. 

(4) Serious areas. the minimum required offset ratio is 1.2 to 1.0. 

(5) Severe areas. the minimum required oft:~et ratio is 1.3 to I .0. 

(6) Extreme areas. the minimum required offset ratio is 1.5 to 1.0. 

(D) PM2.5 nonattainment area interprecursor offset ratios are as follows: 

(1) Sulfur dioxide and PM2.5 offset ratios: 

(a) When using sulfur dioxide emission reductions for PM2.5 emission 

increases. the minimum required offset ratio is 40.0 to 1.0. 

(b) When using PM2.5 emission reductions for sulfur dioxide emiSSIOn 

increases. the minimum required offset ratio is 1.0 to 40.0. 

.-.. -------------.... -~~-----·-·~---··- --~~·· -·e•~--~-·-~~""-"""--·~-- --•-"""""-"'""---··~------'" 

·'··>U ·u:'t• >•! 't•' ,.-;J,~n•,;·u 0 !: /! " '·'''•")v · · "ioii 1:··;·,·,;], ilr<l,, 0.'\" ('" 
3745-31-26 2 

(2) Nitrogen oxides and PM2.5 offset ratios: 

(a) When using nitrogen oxides emission reductions for PM2.5 em1sswn 

increases. the minimum required offset ratio is 200.0 to 1.0. 

(]J) When using PM2.5 emission reductions for nitrogen oxide emiSSIOn 

increases. the minimum required offset ratio is 1.0 to 200.0. 

(E) Nitrogen oxides waiver. 

Paragraph CA) of this rule shall not apply in areas designated nonattainment for 

ozone that have been granted a nitrogen oxide waiver under Section 182(f) of the 

Clean Air Act. 
3745-31-26 

Replaces: 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

3745-31-26 

05/29/2014 

05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

4112/96, 10/28/04, 1211/06 

3 

3745-31-27 Nonattainment provisions - administrative procedures for 

emission offsets. 

[Comment: For dates and availabili1y of non-regulatory government publications, 

publications of recognized organizations and associations, federal rules, and federal 

statutory provisions referenced in this rule, see "IReSf!lSFatieR Bj' Refi:JFenee" at file eRE! ef 

rttle 3715 31 91 sftfie Admifltstratwe Cede paragraph (LLLLLL) of rule 3745-31-01 of 

the Administrative Code entitled "referenced materials:'~] 

(A) Procedures for emission offsets~ 

Emission offsets may be proposed by either the owner or operator of the proposed 

major stationary source or by the local community or the state, The emission 

reduction committed to must be enforceable by authorized state tlfiEbLef QI local 

agencies and under the Clean Air Act, and must be accomplished by the new major 

stationary source's start-up date, If emission reductions are to be obtained in a state 

that neighbors the state in which the new major stationary source is to be located, 

the emission reductions committed to must be enforceable by the neighboring state 

and/or local agencies and under the Clean Air Act Where the new major stationary 

source is a replacement for a major stationary source that is being shut down in 

order to provide the necessary offsets, the director may allow up to one hundred 

eighty days for shakedown of the new major stationary source before the existing 

major stationary source is required to cease operation, 

(I) Major stationary source initiated emission offsets~ 

The owner or operator of a major stationary source may propose emission 

offsets that involve the following: 

(a) Reductions from stationary sources controlled by the major stationary 

source owner or operator (internal emission offsets)t-ef~ 

(b) Reductions from neighboring stationary sources (external emiSSIOn 

offsets), The owner or operator of the major stationary source does not 

have to investigate all possible emission offsets, As long as the 

emission offsets obtained represent reasonable progress toward 

attainment (in the director's judgement), they will be acceptable to the 

director, The director shall review and approve the emission offsets to 

assure that the emission offsets will be as effective as proposed by the 

owner or operator of the major stationary source, An internal emission 

offset will be considered enforceable if it is made an Ohio state 

implementation plan requirement by inclusion as a condition of the new 

major stationary source permit and the permit is forwarded to the 

United States environmental protection agency, An external emission 

offset will not be enforceable unless the affected stationary setlfee(s) 

source providing the emission reductions is subject to a new Ohio state 

{OF. I 
3745-31-27 2 

implementation plan requirement or federally enforceable permit 

condition or a permit condition legally and practicably enforceable by 

the state to ensure that its emissions will be reduced by a specified 

amount in a specified time. 

(2) State or community initiated offsets. A state or community may generate 

emission offsets to provide to a major stationary source wishing to locate in 

its area. These emission offsets may come from reducing emissions from 

existing emissions units, mobile sources ftfttlfflr or area sources. State or 

community initiated offsets either must be submitted as a Ohio state 

implementation plan revision or must be contained in a federally enforceable 

permit. 
3745-31-27 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01/10/2014 and 05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

4112/96, 12/1/06 

3 

3745-31-27 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01/10/2014 and 05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

4/12/96, 12/1/06 

3 

3745-31-29 3 

except as noted in paragraph (C)(2) of this rul~. 

(2) The air contaminant source meets all of the qualifications listed in the requested 

model general permit;-. 

(3) The requested air contaminant se&ee(s) source are not affected sources under 

the acid rain program unless otherwise provided in regulations promulgated 

under Title IV of the Clean Air Actj-!!llf!. 

( 4) The requested air contaminant source is not part of a new major stationary 

source or major modification subject to the attaimnent or nonattainment 

provisions contained in rules 3745-31-10 to 3745-31-27 of the Administrative 

Code. 

(C) General permit application. 

(I) Owners or operators of air contaminant sources requesting a general 

permit-to-install or general PTIO shall do so using the forms prepared by the 

Ohio environmental protection agency. The application must include all 

information necessary to determine qualification for, and to assure 

compliance with, the general permit-to-install or general PTIO. 

(2) The application submitted shall comply with the requirements listed under rule 

3745-31-04 of the Administrative Code except that the director may provide, 

in the model general permit-to-install or model general PTIO, for applications 

that deviate from the requirements of rule 3745-31-04 of the Administrative 

Code, provided that such application includes all information necessary to 

detennine qualification for, and assure compliance with, the general 

permit-to-install or general PTIO. 

(D) General permit processing. 

The director may issue a general permit-to-install or general PTIO for any model 

general permit developed in accordance with paragraph (A) of this rule for a new 

air contaminant se&ee(s) source or ffieeifiefrtieH(s) modification of an existing air 

contaminant se&ee(s) ~as follows: 

(I) The director, at his/her the director's discretion, shall issue either a draft action 

or a final action within forty-five days of receipt of a complete application. 

The director does not need to meet the forty-five day deadline for applications 

from air contaminant set!fee(s) sources that do not require authorization to 

construct because the air contaminant setlfee(s) source currently holds a 

pennit covering the settree(s) source that would be covered under the general 
3745-31-29 4 

permit-to-install or general PTIO. 

(2) The director shall comply with the procedures for notification under Chapter 

3745 47 3745-49 of the Administrative Code prior to issuing a general 

permit-to-install or general PTIO as follows: 

(a) The director shall provide notification of requests by owners or operators 

of an air contaminant seuree(s) source to be covered under the terms of 

the general permit-to-install or general PTIO. The director shall publish 

notice in a newspaper of general circulation in each county in which the 

air contaminant seuree(s) ~ would be constructed, and provide 

electronic notification to interested parties. 

(b) The director shall maintain, and make available to the public upon 

request, a list of all air contaminant seuree(s) source that have obtained 

a general permit-to-install or general PTIO. 

(3) The director may require any applicant applying for a general permit-to-install 

or general PTIO to apply for and obtain an individual permit if it is 

detennined that unique site specific circumstances warrant additional 

limitations or permit conditions to control or mitigate environmental impacts 

that were not considered and addressed in the development and issuance of 

the general permit-to-install or general PTIO. 

(4) Authorization to construct under the general pennit-to-install or general PTIO 

shall be granted by the director in the form of a final permit action. 

(5) If the model general permit that was the basis of any final general 

pennit-to-install or general PTIO has been changed per the procedures in 

paragraph (A)(3) of this rule, then the director can issue revised general 

permits-to-install or general PTIOs with prior notice to the affected owner or 

operator following the issuance procedures defined in paragraph (D)(2) of 

this rule. 

(E) Start construction limitation. 

The owner or operator of a new or modified air contaminant seuree(s) source that 

qualifies for a general permit-to-install or general PTIO may not begin actual 

construction of the new or modified air contaminant seuree(s) source until the air 

contaminant seuree(s)'s source's owner or operator has been granted the 

authorization required by the director under paragraph (D)(4) of this rule. 

(F) Modification tffitlfflf ill replacement of equipment. 
3745-31-29 5 

( 1) If the owner or operator of the air contaminant source covered by a general 

permit-to-install or general PTIO wishes to replace the air contaminant 

source, then the owner or operator must apply for and obtain either a general 

permit-to-install, general PTIO, individual permit-to-install, or an individual 

PTIO prior to beginning actual construction. 

(2) If the owner or operator of the air contaminant source covered by a general 

permit-to-install or general PTIO wishes to modify the air contaminant source 

(per rule 3745-31-01 of the Administrative Code), then the owner or operator 

must apply for and obtain either a general permit-to-install, general PTIO, 

individual permit-to-install, or individual PTIO prior to beginning actual 

construction. 

(3) If the owner or operator of the air contaminant source covered by a general 

permit-to-install or general PTIO wishes to administratively modifY the air 

contaminant source, then the owner or operator must submit a request to the 

director, with supporting documentation, for that request. 

(G) A general PTIO shall be effective for a period of time consistent with the 

requirements of division (F) of section 3704.03 of the Revised Code. 

(H) General permit termination. 

(1) Any owner or operator who was issued a general permit-to-install or general 

PTIO may request to be excluded from the coverage of the general 

permit-to-install or general PTIO by applying for an individual permit, 

alternative general permit-to-install, or alternative general PTIO. The owner 

or operator shall submit an application with reasons supporting the request. If 

the director issues an individual permit, alternative general pennit-to-install, 

or alternative general PTIO the applicability of the general permit-to-install or 

general PTIO to the individual permittee is automatically terminated on the 

effective date of the individual permit, alternative general permit-to-install, or 

alternative general PTIO. 

(2) The director may revoke a general permit-to-install or general PTIO per rule 

3745-31-07 of the Administrative Code. 

(I) Enforcement action for failure to qualify or comply. 

An air contaminant settree(s)'s source's owner or operator who requests and is 

granted authority to install under a general permit-to-install or general PTIO shall 

be subject to enforcement action for installation without a permit if the air 
3745-31-29 6 

contaminant settFee(s) source is later determined not to qualifY for the conditions 

and terms of the general pennit-to-install or general PTIO. 
3745-31-29 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01/10/2014 and 05/29/2019 

119.03 

3704.03(F), 3704.03(0) 

3704.03(0), 3704.03(F), 3704.03(A) 

10/17/03, 11/3/06, 12/1/06, 6/30/08 

7 

3745-31-32 Plantwide applicability limit (PAL). 

[Comment: For dates and availability of non-regulatory government publications, 

publications of recognized organizations and associations, federal rules, and federal 

statutory provisions referenced in this rule, see "IfteSFflSFatieft 1'3)· Refereftee" at the efta ef 

mle 37q5 31 OJ efthe AEiffiiftislffitive Ceae paragraph CLLLLLL) of rule 3745-31-01 of 

the Administrative Code entitled. "referenced materials."~] 

Actuals PAL requirements. 

All PALs issued under this rule shall meet all applicable provisions in this rule. 

EA7A n , ,etlfa JPA:b. sa Fe<jlfHeffieftts 

All PA:bs issuealfftaer this mle shall ffteet all !lflj3lieal'lle J3revisiefts in this rttle. 

fB(A) Applicability. 

Will The director may approve the use of an actuals PAL for any existing major 

stationary source (except as provided in paragraph Et'¥17El'l7 (.8}(Il of this 

rule) if the PAL meets the requirements in this rule. The term PAL shall mean 

actuals PAL throughout this rule. 

tl'l1Jll The director shall not allow an actuals PAL for VOC or nitrogen oxides for 

any major stationary source located in an extreme ozone nonattainment area. 

(e1Q} Any physical change in or change in the method of operation of a major 

stationary source that maintains its total source-wide emissions below the 

PAL level, meets the requirements in this rule, and complies with the PAL 

permit: 

fBW Is not a major modification for the PAL pollutant;. 

fii1(hl Does not have to be approved furough the nonattainment or PSD 

program;-tlfiEI. 

fiii1(0 Is not subject to the provisions in paragraph (0)(5) of rule 3745-31-05 

of the Administrative Code (restrictions on relaxing enforceable 

emission limitations that the major stationary source used to avoid 

applicability offue nonattainment or PSD program). 

Will Except as provided under paragraph Ef¥17Ee7(iii7 (A){3)(c) of this rule, a 

major stationary source shall continue to comply with all applicable federal or 

state requirements, emission limitations, and work practice requirements that 

-----------··- --------------~-----.. ·--·--·------~ ------·--·-------------·---~---- -------------- --------.-~---

,, ') ,-. i '·'·'! -- " :.; il "1 
3745-31-32 2 

were established prior to the effective date of the PAL. 

~L!ll Permit application requirements. 

As part of a permit application requesting a PAL, the owner or operator of a major 

stationary source shall submit the following information to the director for 

approval: 

Will A list of all emissions units at the source designated as PAL small emissions 

unit, PAL significant emissions unit or PAL major emissions unit based on 

their potential to emit. In addition, the owner or operator of the source shall 

indicate which, if any, federal or state applicable requirements, emission 

limitations or work practices apply to each unit. 

tb1ill Calculations of the baseline actual emissiOns (with supporting 

documentation). Baseline actual emiSSIOns are to include emiSsiOns 

associated not only with operation of the unit, but also emissions associated 

with startup, shutdown and malfunction. 

fe1ill The calculation procedures that the major stationary source owner or operator 

proposes to use to convert the monitoring system data to monthly emissions 

and annual emissions based on a twelve-month rolling total for each month as 

required by paragraph (A)(12)(a) .Q.Jill of this rule. 

~llJ General requirements for establishing PALs. 

Will The requirements under this paragraph, at a minimum, flltiSt shall be met for 

each PAL at a major stationary sourcC7~ 

fi1W The PAL shall impose an annual emission limitation in tons per year, 

which is enforceable as a practical matter, for the entire major 

stationary source. For each month during the PAL effective period after 

the first twelve months of establishing a PAL, the major stationary 

source owner or operator shall show that the sum of the monthly 

emissions from each emissions unit under the PAL for the previous 

twelve consecutive months is less than the PAL (a twelve-month 

average, rolled monthly). For each month during the first eleven months 

from the PAL effective date, the major stationary source owner or 

operator shall show that the sum of the preceding monthly emissions 

from the PAL effective date for each emissions unit under the PAL is 

less than the PAL. 

W!.hl The PAL shall be established m a PAL permit that meets the 
3745-31-32 3 

requirements in paragraph ~ Cill. of this rule. 

f:HBW The PAL permit shall contain all the requirements of paragraph fA¥67 

!E.l of this rule. 

~@ The PAL shall include fugitive emissions, to the extent quantifiable, 

from all emissions units that emit or have the potential to emit the PAL 

pollutant at the major stationary source. 

Misa Each PAL shall regulate emissions of only one pollutant. 

f;91(0 Each PAL shall have a PAL effective period of ten years. 

f'vi:i1.(g} The owner or operator of the major stationary source with a PAL 

shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in paragraphs (A)( H) (K) to (A)(l3) (M) of this 

rule for each emissions unit under the PAL through the PAL effective 

period. 

~ At no time (during or after the PAL effective period) are emission reductions 

of a PAL pollutant, which occur during the PAL effective period, creditable 

as decreases for purposes of offsets under rule 3745-31-22 of the 

Administrative Code unless the level of the PAL is reduced by the amount of 

such emission reductions and such reductions would be creditable in the 

absence of the PAL. 

t4)JJ2l PAL permit issuance requirements" 

Will The director shall issue all typographical/calculation error reopenings (as 

described in paragraph (A)(7)(b)(i)(a) (G)(2)(a) of this rule) to PAL permits 

as either draft actions before any final actions, or final actions, as described in 

Chapter 3715 H 3745-49 of the Administrative Code. 

t&fill The director shall issue all PAL permits not otherwise described in paragraph 

(A)(1)(a) Cill.ill of this rule as draft actions before any final actions, as 

described in Chapter 3745 47 3745-49 of the Administrative Code. 

f§-7.(ID Setting the ten-year actuals PAL levet 

Will Except as provide in paragraph (A)(5)(b) .(IDill of this rule, the actuals PAL 

level for a major stationary source shall be established as the sum of the 
3745-31-32 4 

baseline actual emissions of the PAL pollutant for each emissions unit at the 

source; plus an amount equal to the applicable significant level for the PAL 

pollutant under rule 3745-31-01 of the Administrative Code or under the 

Clean Air Act, whichever is lower. When establishing the actuals PAL level, 

for a PAL pollutant, only one consecutive twenty-four-month period must be 

used to determine the baseline actual emissions for all existing emissions 

units. However, a different consecutive twenty-four-month period may be 

used for each different PAL pollutant. Emissions associated with emissions 

units that were permanently shutdown after this twenty-four-month period 

must be subtracted from the PAL level. Emissions from emissions units on 

which actual construction began after the twenty-four-month period must be 

added to the PAL level in an amount equal to the potential to emit of the 

units. The director shall specifY a reduced PAL le'tel(s) level. (in tons per 

year). in the PAL permit to become effective on the future compliance 

attte(s)date of any applicable federal or state regulatory reEp±iremeBt(s) 

requirement that the director is aware of prior to issuance of the PAL permit. 

For instance, if the source owner or operator will be required to reduce 

emissions from industrial boilers in half from baseline emissions of sixty 

parts per million nitrogen oxides to a new rule limit of thirty parts per million, 

then the PAL permit shall contain a future effective PAL level that is equal to 

the current PAL level reduced by half of the original baseline emissions of 

such emissions ttBit(s-1 unit. 

fb)J1} For newly constructed emissions units(. which do not include modifications 

to existing emissions units). on which actual construction began after the 

twenty-four-month period, in lieu of adding the baseline actual emissions as 

specified in paragraph (A)(5)(a) .Q.illD of this rule, the emissions must be 

added to the PAL level in an amount equal to the potential to emit of the 

emissions units. 

€61® Contents of the PAL permit 

The PAL permit shall contain, at a minimum, the following information tlftE!er 

paragrBj3R (A)(6) eftfiis mle.~ 

Will The PAL pollutant and the applicable source-wide emission limitation in tons 

per year. 

fb)J1} The PAL permit effective date and the expiration date of the PAL (PAL 

effective period). 

(e)ill Specification in the PAL permit that if a major stationary source owner or 

operator applies to renew a PAL in accordance with paragraph (A)t91 ill of 

this rule before the end of the PAL effective period, th.en the PAL shall not 
3745-31-32 5 

expire at the end of the PAL effective period. It shall remain in effect until a 

revised PAL permit is issued by the director. 

tetill A requirement that emission calculations for compliance purposes include 

emissions from startups, shutdowns and malfunctions. 

te1(j} A requirement that, once the PAL expires, the major stationary source is 

subject to the requirements of paragraph fA*81 J1.D of this rule. 

tf)(Ql The calculation procedures that the major stationary source owner or operator 

shall use to convert the monitoring system data to monthly emissions and 

annual emissions based on a twelve-month rolling total for each month as 

required by paragraph (A)(l2)(a) aJill of this rule. 

fgtffi A requirement that the major stationary source owner or operator monitor all 

emissions units in accordance with the provisions under paragraph (A)(ll) 

(K) of this rule. 

W® A requirement to retain the records required under paragraph (A)(l2) !JJ of 

this rule on site. Such records may be retained in an electronic format. 

ff)J2.l A requirement to submit the reports required under paragraph (A)( B) (M) of 

this rule by the required deadlines. 

@D.ID Any other requirements that the director deems necessary to implement and 

enforce the PAL. 

f+1(Q). PAL effective period and reopening of the PAL permit 

Will PAL effective period~ 

A PAL shall have an effective period of ten years. 

Will Reopening of the PAL permit~ 

fBW During the PAL effective period, the director shall reopen the PAL 

permit to: 

~ill Correct typographical/calculation errors made in setting the PAL 

or reflect a more accurate determination of emissions used to 

establish the PAL. 
3745-31-32 6 

fb:t® Reduce the PAL if the owner or operator of the major stationary 

source creates creditable emission reductions for use as offsets 

under rule 3745-31-22 of the Administrative Code. 

retWD Revise the PAL to reflect an increase in the PAL as provided 

under paragraph (A)(lO) of this rule. 

WQi). The director may reopen the PAL permit for the following: 

Will Reduce the PAL to reflect newly applicable federal requirements 

(for example, new source performance standards) with 

compliance dates after the PAL effective date. 

fb:t(ill Reduce the PAL consistent with any other requirement, that is 

enforceable as a practical matter, and that the director may 

impose on the major stationary source. 

fefCiii) Reduce the PAL if the director determines that a reduction is 

necessary to avoid causing or contributing to a national ambient 

air quality standard or PSD increment violation, or to an adverse 

impact on an air quality related value (AQRV) that has been 

identified for a federal Class I area by a federal land manager and 

for which infonnation is available to the general public. 

fi:H1(0 Except for the permit reopening in paragraph (A)(7)(e)(i)(a) 

fG)f2)(a)(i) of this rule for the correction of typographical/calculation 

errors that do not increase the PAL level, all other reopenings shall be 

carried out in accordance with the public participation requirements of 

paragraph fA)f41@ of this rule. 

E%1ilil Expiration of a PAL. 

Any PAL that is not renewed in accordance with the procedures in paragraph 

tA*9t ill of this rule shall expire at the end of the PAL effective period, and the 

reqHireJReats liHder 13aragr5flh (A)(8) sf this flile following shall apply. 

Will Each emissions unit (or each group of emissions units) that existed under the 

PAL shall comply with an allowable emission limitation under a revised 

permit established according to the followin~rseedures under this 13aragr5flh. 

fBW Within the time frame specified for PAL renewals in paragraph 
3745-31-32 7 

(A)(9)(b) illGD of this rule, the major stationary source shall submit a 

proposed allowable emission limitation for each emissions unit (or each 

group of emissions units, if such a distribution is more appropriate as 

decided by the director) by distributing the PAL allowable emissions 

for the major stationary source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an 

applicable requirement that became effective during the PAL effective 

period, as required under paragraph (A)(9)(e) illill of this rule, such 

distribution shall be made as if the PAL had been adjusted. 

Wilil The director shall decide whether and how the PAL allowable 

emissions will be distributed and issue a revised permit incorporating 

allowable limits for each emissions unit, or each group of emissions 

units, as the director detennines is appropriate. 

tb-till Each emissions i:lil#W unit shall comply with the allowable em1sswn 

limitation on a twelve-month rolling basis. The director may approve the use 

of monitoring systems (source testing, emission factors, etc.) other than 

CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the 

allowable emission limitation. 

Will Until the director issues the revised permit incorporating allowable limits for 

each emissions unit, or each group of emissions units, as required under 

paragraph (A)(8)(a)(i) (H)(l)(a) of this rule, the source shall continue to 

comply with a source-wide, multi-unit emissions cap equivalent to the level 

of the PAL emission limitation. 

Bftill Any physical change or change in the method of operation at the major 

stationary source will be subject to the nonattainment or a major NSR 

requirements if such change meets the definition of PAL major modification. 

fe1W The major stationary source owner or operator shall continue to comply with 

any state or federal applicable requirements (BACT, reasonably available 

control technology (RACT), new source performance standard (NSPS), 

LAER etc.) that may have applied either during the PAL effective period or 

prior to the PAL effective period except for those emission limitations that 

had been established pursuant to paragraph~ (ID of rule 3745-31-05 of 

the Administrative Code, but were eliminated by the PAL in accordance with 

the provisions in paragraph (A)(l)(e)(iii) (A)C3)(c) of this rule. 

l-9till Renewal of a PAL~ 

Will The director shall follow the procedures specified in paragraph tA*4) ill} of 
3745-31-32 8 

this rule in approving any request to renew a PAL for a major stationary 

source, and shall provide both the proposed PAL level and a written rationale 

for the proposed PAL level to the public for review and comment. During 

such public review, any person may propose a PAL level for the source for 

consideration by the director. 

te1ill Application deadline~ 

A major stationary source owner or operator shall submit a timely application 

to the director to request renewal of a PAL. A timely application is one that is 

submitted at least six months prior to, but not earlier than eighteen months 

from, the date of PAL permit expiration. This deadline for application 

submittal is to ensure tbat the PAL permit will not expire before the PAL 

permit is renewed. If the owner or operator of a major stationary source 

submits a complete application to renew the PAL within this time period, 

then the PAL shall continue to be effective until the revised PAL permit with 

the renewed PAL is issued. 

fe1Ql Application requirements~ 

The application to renew a PAL permit shall contain the following 

information FeEtffiFeEl HREleF J9affigFElj'lfl (A)(9) ef this ntle.~ 

WDl} The information required under paragraph ~all of this rule. 

WJhl A proposed PAL level. 

fffil£0 The sum of the potential to emit of all emissions units under the PAL 

(with supporting documentation). 

~@ Any other information the owner or operator wishes the director to 

consider in determining the appropriate level for renewing the PAL. 

ttB® PAL adjustment~ 

In determining whether and how to adjust the PAL, the director shall consider 

the following options etttliReEl ift J9aFagFElj'lhs (A)(9)(El)(i) aBEl (A)(9)(El)(ii) ef 

this mle. HeweveF, ffi Be ease may aey ~n;eh aajttsffileRt firil te eeffiJ9l~· with 

J9aFagFElj'lh (A)(9)(El)(iii) ef this mle.~ 

tB!.l!.l If the emissions level calculated in accordance with paragraph ~ 

.(E.l of this rule is equal to or greater than eighty per cent of the PAL 

level, the director may renew the PAL at the same level without 
3745-31-32 9 

considering the factors set forth in paragraph (A)(9)(El)(ii) (l)(4)(b) of 

this rule;-ff~ 

fii1{hl The director may set the PAL at a level that he/she determines to be 

more representative of the source's baseline actual emissions, or that 

he/she detennines to be appropriate considering air quality needs, 

advances in control technology, anticipated economic growth in the 

area, desire to reward or encourage the source's voluntary emission 

reductions, or other factors as specifically identified by the director in a 

written rationale. 

ftii1(£} l'!etwitfistanaiHg flEIFElgFBflRB (A)(9)(El)(i) ana (A)(9)(El)(ii) ef Hiis 

ftt!e.;In no case may any such adjustment fail to comply with the 

following: 

rtifill If the potential to emit of the major stationary source is less than 

the PAL, the director shall adjust the PAL to a level no greater 

than the potential to emit of the source;-aat!~ 

fh:tilil The director shall not approve a renewed PAL level higher than 

the current PAL, w1less the major stationary source has complied 

with the provisions of paragraph (A)(IQ) ill of this rule. 

Will If the compliance date for a state or federal requirement that applies to the 

PAL source occurs during the PAL effective period, and if the director has 

not already adjusted for such requirement, the PAL shall be adjusted at the 

time of PAL permit renewal or Title V permit renewal, whichever occurs 

first. 

fWjQ) Increasing a PAL during the PAL effective period~ 

Will The director may increase a PAL emission limitation only if the major 

stationary source complies with the flFevisieHs BREier Hiis J3E!Fagr!tj9h. 

following: 

tBW The owner or operator of the major stationary source shall submit a 

complete application to request an increase in the PAL limit for a PAL 

major modification. Such application shall identify the emissions 

tlll#(s) unit contributing to the increase in emissions so as to cause the 

major stationary source's emissions to equal or exceed its PAL. 

fii1{hl As part of this application, the major stationary source owner or 
3745-31-32 10 

operator shall demonstrate that the snm of the baseline actual emissions 

of the PAL small emissions units, plus the sum of the baseline actual 

emissions of the PAL significant and PAL major emissions units 

assuming application of BACT equivalent controls, plus the sum of the 

PAL allowable emissions of the new or modified emissions~ unit 

exceeds the PAL. The level of control that would result from BACT 

equivalent controls on each PAL significant or PAL major emissions 

unit shall be determined by conducting a new BACT analysis at the 

time the application is submitted, unless the emissions unit is currently 

required to comply with a BACT or LAER requirement that was 

established within the preceding ten years. In such a case, the assumed 

control level for that emissions unit shall be equal to the level of BACT 

or LAER with which that emissions unit must currently comply. 

tffi1(0 The owner or operator obtains a nonattainment NSR permit or PSD 

permit for all emissions~ unit identified in paragraph (A)(lO)(a)(i) 

CJ)(ll(a) of this rule, regardless of the magnitude of the emissions 

increase resulting from them (, that is, no significant levels apply-). 

These emissions ~ unit shall comply with any emissions 

requirements resulting from the major NSR program process (. for 

example, LAERIBACT-), even though they have also become subject to 

the PAL or continue to be subject to the PAL. 

ttv-)@ The PAL permit shall require that the increased PAL level shall be 

effective on the day any emissions unit that is part of the PAL major 

modification becomes operational and begins to emit the PAL pollutant. 

f&)J1l The director shall calculate the new PAL as the sum of the PAL allowable 

emissions for each modified or new emissions unit, plus the sum of the 

baseline actual emissions of the PAL significant and PAL major emissions 

units (assuming application of BACT equivalent controls as determined in 

accordance with paragraph (A)(lO)(a-)(ii) (J)(I)(b) of this rule, plus the sum of 

the baseline actual emissions of the PAL small emissions units. 

(e-)Q.l The PAL permit shall be revised to reflect the increased PAL level pursuant 

to the public notice requirements of paragraph fA1(41 Qll. of this rule. 

fH-)(K). Monitoring requirements for PALs. 

Will General requirements. 

fi1W Each PAL pennit must contain enforceable requirements for the 

monitoring system that accurately determines plantwide emissions of 
3745-31-32 11 

the PAL pollutant in terms of mass per unit of time. Any monitoring 

system authorized for use in the PAL permit must be based on sound 

science and meet generally acceptable scientific procedures for data 

quality and manipulation. Additionally, the information generated by 

such system must meet minimum legal requirements for admissibility 

in a judicial proceeding to enforce the PAL permit. 

W® The PAL monitoring system must employ one or more of the four 

general monitoring approaches meeting the minimum requirements set 

forth under paragraph (A)(ll)(e) JlQI1} of this rule and must be 

approved by the director. 

~ Notwithstanding paragraph (A)(ll)(a)(ii) (K)(l)(b) of this rule, you 

may also employ an alternative monitoring approach that meets 

paragraph (A)(ll)(a)(i) CK)fl)Ca) of this rule if approved by the 

director. 

fi¥1@ Failure to use a monitoring system that meets the requirements of this 

rule renders the PAL invalid. 

fll1ill Minimum performance requirements for approved monitoring approaches, 

The following are acceptable general monitoring approaches when conducted 

in accordance with the minimum requirements under paragraph (A)(ll)(e) 

.(K).ill of this rule: 

fi1W Mass balance calculations for activities using coatings or solvents;, 

~(£} CPMS or PEMSj-!li'ld~ 

fi¥1@ Emission factors. 

fe)ill Mass balance calculations, 

An owner or operator using mass balance calculations to monitor PAL 

pollutant emissions from activities using coating or solvents shall meet the 

following FSEJ:HiFeineHts: 

fi1W Provide a demonstrated means of validating the published content of the 

PAL pollutant that is contained in or created by all materials used in or 
3745-31-32 12 

at the emissions unitt. 

W!lll Assume that the emissions unit emits all of the PAL pollutant that is 

contained in or created by any raw material or fuel used in or at the 

emissions unit, if it cannot otherwise be accounted for in the processt 

!tflt!. 

fffi1(£). Where the vendor of a material or fuel, which is used in or at the 

emissions unit, publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of the range 

to calculate the PAL pollutant emissions unless the director detennines 

there is site-specific data or a site-specific monitoring program to 

support another content within the range. 

W®CEMS. 

An owner or operator using CEMS to monitor PAL pollutant emissions shall 

meet the following FeE[HiremeH!s: 

fi1!J0. CEMS must comply with applicable performance specifications found 

in 40 CFR Part 60, Appendix B;-!tflt! 

W!lll CEMS must sample, analyze and record data at least every fifteen 

minutes while the emissions unit is operating. 

f:etill CPMS or PEMS. 

An owner or operator using CPMS or PEMS to monitor PAL pollutant 

emissions shall meet the following FeE[Hiremen!s: 

fi1W The CPMS or the PEMS must be based on cunent site-specific data 

demonstrating a correlation between the monitored J'lfrffrffietef(s) 

parameter and the PAL pollutant emissions across the range of 

operation of the emissions unit;-!tflt!. 

W!lll Each CPMS or PEMS must sample, analyze, and record data at least 

every fifteen minutes, or at another less frequent interval approved by 

the director, while the emissions unit is operating. 

fft® Emission factors. 

An owner or operator usmg em1sswn factors to monitor PAL pollutant 
3745-31-32 13 

emissions shall meet the following FCEjttiremeats: 

fi1W All emission factors shall be adjusted, if appropriate, to account for the 

degree of uncertainty or limitations in the factors' development~~ 

Wilil The emissions unit shall operate within the designated range of use for 

the emission factor, if applicable;--a;;d~ 

(ffit(£1 If technically practicable, the owner or operator of a PAL significant 

emissions unit that relies on an emission factor to calculate PAL 

pollutant emissions shall conduct validation testing to detennine a 

site-specific emission factor within six months of PAL permit issuance, 

unless the director determines that testing is not required. 

Will A source owner or operator must record and report maximum potential 

emissions without considering enforceable emission limitations or operational 

restrictions for an emissions unit during any period of time that there is no 

monitoring data, unless another method for determining emissions during 

such periods is specified in the PAL permit. 

WJ.ID. Notwithstanding the requirements in paragraphs (A)(ll)(e) (Klill to 

(A)(ll )(g) (K)ill of this rule, where an owner or operator of an emissions 

unit cannot demonstrate a correlation between the monitored ]'lfri'Eillleter(s) 

parameter and the PAL pollutant emissions rate at all operating points of the 

emissions unit, the director shall, at the time of PAL permit issuance. do the 

following: 

fBW Establish default va!tte(s) value for determining compliance with the 

PAL based on the highest potential emissions reasonably estimated at 

such operating ]9Elillt(s) point. j-Ell' 

Wilil Determine that operation of the enusswns unit during operating 

conditions when there is no correlation between monitored ]'lfr!'EI!Ileter(s) 

parameter and the PAL pollutant emissions is a violation of the PAL. 

fi1[2} Re-validation~ 

All data used to establish the PAL pollutant must be re-validated through 

performance testing or other scientifically valid means approved by the 

director. Such testing must occur at least once every five years after issuance 

of the PAL. 
3745-31-32 14 

fh&j(!J Recordkeeping requirements. 

Will The PAL permit shall require an owner or operator to retain a copy of all 

records necessary to determine compliance with any requirement of 

fltli'EtgfBJ'lR (A) sf this rule and of the PAL, including a determination of each 

emissions unit's twelve-month rolling total emissions, for five years from the 

date of such record. 

Will The PAL permit shall require an owner or operator to retain a copy of the 

following records for the duration of the PAL effective period plus five years: 

WW A copy of the PAL permit application and any applications for revisions 

to the P ALj--flflf!. 

fii-1® Each annual certification of compliance pursuant to Title V and the 

data relied on in certifying the compliance. 

fh'7CM) Reporting and notification requirements. 

The owner or operator shall submit semi-annual monitoring reports and prompt 

deviation reports to the director in accordance with the applicable Title V operating 

permit program. The reports shall meet the reEjttiremeats HBEler fltli'EtgfBJ'lfl (A)(13) 

sf this rule. following: 

Will Semi-annual report. 

The semi-annual report shall be submitted to the director within thirty days of 

the end of each reporting period. This report shall contain the following 

information retjtlireEl HBEler fJfrfftgraph (A)( 13)(a) sf this rule.~ 

WW The identification of owner and operator, the facility ID, and the 

pennit-to-install numbers for any applicable permit-to-install. 

fii-1® Total annual emissions f. in tons per year-f. based on a twelve-month 

rolling total for each month in the reporting period recorded pursuant to 

paragraph (A)(l2)(a) QJill of this rule. 

tffi-ti.£.l All data relied upon, including, but not limited to, any quality 

assurance or quality control data, in calculating the monthly and annual 

PAL pollutant emissions. 
3745-31-32 15 

fi,¥1@ A list of any emissions units modified or added to the major stationary 

source during the preceding six-month period. 

Mll:l The number, duration, and cause of any deviations or monitoring 

malfunctions f, other than the time associated with zero and span 

calibration checks-), and any corrective action taken. 

~ill. A notification of a shutdown of any monitoring system, whether the 

shutdown was permanent or temporary, the reason for the shutdown, 

the anticipated date that the monitoring system will be fully operational 

or replaced with another monitoring system, and whether the emissions 

unit monitored by the monitoring system continued to operate, and the 

calculation of the emissions of the pollutant or the number determined 

by method included in the PAL pennit, as provided by paragraph 

(A)(ll)(g) llQQl of this rule. 

f¥iij(g} A signed statement by the responsible official f, as defined by the 

Title V operating permit program contained in Chapter 3745-77 of the 

Administrative Code-), certifying the truth, accuracy, and completeness 

of the infonnation provided in the report. 

te-llll Deviation report~ 

The major stationary source owner or operator shall promptly submit reports 

of any deviations or exceedance of the PAL requirements, including periods 

where no monitoring is available. A report submitted pursuant to paragraph 

(A)(3)(c)(iii) of rule 3745-77-07 of the Administrative Code shall satisfy this 

reporting requirement. The deviation reports shall be submitted within the 

time limits prescribed by the rule 3745-77-07 of the Administrative Code. 

The reports shall contain the following information: 

fi-)!.ll.l The identification of owner and operator, the facility ID, and the 

permit-to-install numbers for any applicable permit-to-installt~ 

fti-)(hl The PAL requirement that experienced the deviation or that was 

exceededt~ 

tffi-){£). Emissions resulting from the deviation or the exceedance~~ 

fi,¥1@ A signed statement by the responsible official (as defined by the Title 

V operating permit program contained in Chapter 3745-77 of the 

Administrative Code) certifying the truth, accuracy, and completeness 
3745-31-32 16 

of the information provided in the report. 

fetill Re-validation results. 

The owner or operator shall submit to the director the results of any 

re-validation test or method within three months after completion of such test 

or method. 
3745-31-32 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01110/2014 and 05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

10/28/04, 12/1/06,6/30/08 

17 

Article II 

Copy of Public Notice and 

Director's Findings & Orders 

BEFORE THE 

OHIO ENVIRONMENTAL PROTECTION AGENCy'tl '( I CJ 

In the Matter of: 

The Adoption of Amended 

Rules 3745-31-01, 

3745-31-02, 3745-31-04 

3745-31-06, 3745-31-07, 

3745-31-08, 3745-31-09, 

3745-31-10, 3745-31-11, 

3745-31-12, 3745-31-13, 

3745-31-14, 3745-31-15, 

3745-31-16, 3745-31-17, 

3745-31-18, 3745-31-19, 

3745-31-20, 3745-31-21, 

3745-31-22, 3745-31-23, 

3745-31-24, 3745-31-27, 

3745-31-28, 3745-31-29, 

and 3745-31-32; 

Rescission of Existing Rules 

3745-31-25, 3745-31-26, 

3745-31-30, and 3745-31-31; 

and Adoption of New Rules 

3745-31-25, and 3745-31-26 

Director's Final Findings and 

Orders 

I certify thla toM I true llild ..... copy OliN 

olliclal dOcuments IS filecl;i!IIN lliiCOidl of.h Ohio 

Environmental Protection Agency. 

of the Ohio Administrative Code 

FINDINGS AND ORDERS 

The Director of Environmental Protection, having considered in compliance with the Administrative 

Procedure Act the adoption, in final form, of the proposed amended rules and new rule of the Ohio 

Administrative Code cited above, finds: 

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

Act was given, that a public hearing was held on February 18, 2014, in Columbus, Ohio, and 

that all interested persons were afforded the opportunity to be heard; and 

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

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

iawful and within the purview of authority provided by law. 

It is therefore 

ORDERED that proposed amended rules 3745-31-01, 3745-31-02, 3745-31-04, 3745-31-06, 3745-

31-07, 3745-31-08, 3745-31-09, 3745-31-10, 37 45-31-11' 3745-31-12, 3745-31-13, 3745-31-14, 

3745-31-15,3745-31-16,3745-31-17,3745-31-18,3745-31-19,3745-31-20,3745-31-21,3745-
31-22, 3745-31-23, 3745-31-24, 3745-31-27, 3745-31-28, 3745-31-29, and 3745-31-32; 

Rescinded rules 3745-31-25, 3745-31-26, 3745-31-30, and 3745-31-31; and new rules 3745-31-

25, and 3745-31-26 of the Ohio Administrative Code be adopted in final form. 

It is further 

ORDERED that the effective date of said amended rules and new rule shall be 

MAY 2 9 2014 

It is further 

ORDERED that copies of these Findings and Orders and certified copies of said amended rules, in 

final form, shall be filed with the Secretary of State, the Joint Committee on Agency Rule Review, 

and the Legislative Services Commission, as required by law. 

APPEAL RIGHTS 

MltQ '<qo:l ~e !.liiS 1m11 a ee ot eilll v'lif't&e) 1 

oii!O Silt 'to Ill!~~ ~~tttat· 'il'ils'~"action of the Director is final and may be appealed to the 

Envir~ft'IM!JfJi""E!I»~'Wi)oi{~'lltsvc'6mmission pursuant to Section 37 45.04 of the Ohio Revised 

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

which the appeal is based. The appeal must be filed with the Commission within thirty (30) days 

after n,otice of the Director's action._The appeal must be accompanied by a filing fee of$70.00 which 

......... ---A.fle~mission,..inits-discretion, mky reduce if by affidavit you demonstrate that payment of the full 

amount of the fee would cause extreme hardship. Notice of the filing of the appeal shall be filed with 

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

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

appeal may be filed with the Environmental Review Appeals Commission at the following address: 

Environmental Review Appeals Commission 

77 South High Street, 17'h Floor 

Columbus, OH 43215 

Craig W. Butler, Director 

Ohio Environmental Protection Agency 

. c/lJi.-- 1{ A:v ,20) U. Issued at Columbus, Ohio this I I day of -';_•

11

_· __ r______ j_ 
State of Ohio 

Environmental Protection Agency 

Notice of Adoption of Rules 

Notice is hereby given that the Director of Environmental Protection, under the authority of 

Ohio Revised Code Section 3704.03 has adopted amended rules 37 45-31-01, 37 45-31-02, 

3745-31-04, 37 45-31-06, 3745-31-07, 37 45-31-08, 3745-31-09, 3745-31-10, 3745-31-11' 

3745-31-12, 3745-31-13, 3745-31-14, 37 45-31-15, 3745-31-16, 3745-31-17, 3745-31-18, 

3745-31-19,3745-31-20,3745-31-21' 3745-31-22,3745-31-23,3745-31-24,3745-31-25, 

3745-31-26, 3745-31-27, 3745-31-28, 3745-31-29 and 3745-31-32 of the Ohio 

Administrative Code (OAC) and is rescinding OAC rules 3745-31-30 and 3745-31-31. 

These rules govern the Permits-to-Install New Sources and Permit-to-Install and Operate 

Program. 

The amended rules incorporate the U.S. EPA requirements for implementation of the New 

Source Review (NSR) program for fine particulate matter (that is, particles with an 

aerodynamic diameter less than or equal to a nominal2.5 micrometers, generally referred 

to as "PM 2.5"), promulgated on May 16, 2008, as well as U.S. EPA's requirements for 

establishing increments, significant impact levels, and a significant monitoring 

concentration for fine particulate pollution, promulgated on October 20, 2010. As a fully 

approved NSR program, Ohio EPA is required to incorporate U.S. EPA's rules, or a version 

at least as stringent as U.S. EPA's rules, within three years of their promulgation. Please 

reference the federal register document (73 FR Vol. 96, page 28321) published on May 16, 

2008 and the federal register document (75 FR 64863) published on October 20, 2010 for 

a detailed synopsis of the changes drafted by U.S. EPA. These documents, and additional 

information related to NSR, can be found at: http://www.epa.gov/nsr/. 

Moreover, as a part of this rule package, Ohio EPA also incorporated changes in OAC 

Chapter 3745-31 not directly related to U.S. EPA's PM2.5 NSR implementation final rule. 

These second set of changes contain a host of revisions, including; adding or clarifying 

requirements to address Infrastructure State Implementation Plan (SIP) deficiencies 

identified by U.S. EPA (77 FR 65478), revising and adding definitions, adding federal land 

manager notification requirements and incorporating minor organizational or typographical 

changes. 

Pursuant to Section 121.39 of the Ohio Revised Code, Ohio EPA was required to consult 

with interested parties affected by the rules before the division formal adopts them. On 

April 9, 2013, these rules went out for a 30 day review by interested parties. Pursuant to 

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

conducted on February 18, 2014 in Columbus, Ohio. Several comments were received 

during the comment period and at the public hearing and Ohio EPA made appropriate 

changes to the draft rules. The Director's order of adoption was issued on May 19, 2014. 

The effective date of these rules is May 29, 2014. 

To request a copy of these rules, obtain further information, or inspect or request copies of 
agency files and records pertaining to the proceeding contact Paul Braun, Ohio EPA, 

Division of Air Pollution Control, Lazarus Government Center, PO Box 1049, Columbus, 

Ohio 43216-1049 or call Paul Braun at 614-644-3734. The rules are also available on 

Ohio EPA's Web page for electronic downloading at: 

http://epa.ohio.gov/dapc/regs/3745 31 .aspx 

This action of the Director is final and may be appealed to the Environmental Review 

Appeals Commission (ERAC) pursuant to Section 3745.04 of the Ohio Revised Code. The 

appeal must be in writing and set forth the action complained of and the grounds upon 

which the appeal is based. The appeal must be filed with ERAC within thirty (30) days after 

notice of the Director's action, at 77 South High Street, 17'h Floor, Columbus, Ohio 43215. 

Copies of the appeal must be served upon the Director of the Ohio EPA within three (3) 

days of filing with ERAC. The appeal must be accompanied by a filing fee of$70.00 which 

the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment 

of the full amount of the fee would cause extreme hardship. Ohio EPA also requests that a 

copy of the appeal be served upon the Environmental Enforcement Section of the Ohio 

Attorney General's Office. 
Article Ill 

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. The Public Hearing notice was placed in the Ohio Register 

on January 10, 2014. Ohio EPA held a public hearing on February 18, 2014 in 

Columbus, Ohio. This hearing was held 38 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 hearing on February 18, 2014 as identified in the 

Public Hearing notice. A copy of the hearings transcript may be provided upon 

request. 

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. A hearing was held with JCARR on April28, 2014 where these 

rules were placed on the consent agenda as items #30 and #31 (Attachment C). 

No testimony, questions or invalidation of the rules occurred during this hearing. 

JCARR jurisdiction expired on May 14, 2014 as evidenced by the JCARR consent 

agenda. 

Ohio EPA issued the order to adopt the rules on May 19, 2014 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 will provide an update of the adoption of the rules through the Ohio EPA 

website and through an e-mail notice to all interested parties at least 10 days before 

the rules become final and effective. A copy of these notifications will 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 adoption. Ohio EPA fully complied with the 

requirements of this law and has provided evidence on the major requirements below: 

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

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

must also include information on the estimated cost of compliance. 

The RSFA and 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(D): 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 April 9, 2013, 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 a 

30-day comment period closing May 10, 2013. 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 Ill 

Attachment A 

Letter to Secretary of State 

and Director of LSC 

onu; 

lll) ·· R. .. · u I e ''T 

Mark Flanders, Director 

legislative Service Commission 

77 South High St., 9th Fl.oot 

Columbus,OH 43215 

Larry Wolpert, Dir-ector 

Joint Committee on Agency Rule Review 

77 South High St., Concourse level 

Columbus,OH 43215-

hat the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of 

 

109738 

01/10/2014 11:39 AM 

 a4955cb 7 a 79e9938923f331 d9dfbd4 

E 

pe FYR CSI JE Date EffDate Next FYR Tagline 

ndment y y 03/16/2014 Nonattainment provisions - conditions for approval. 

Nonattainment provisions - stationary sources locating in 

ndment y y 03/16/2014 designated clean or unclassifiable areas which would cause 

or contribute to a violation of a national ambient air quality 

standard. 

ndment y y 03/16/2014 Non attainment provisions - baseline for determining credit for emission and air quality offsets. 

cission y y 03/16/2014 Nonattainment provisions - location of offsetting emissions. 

 N y 03/16/2014 Nonattainment provisions - location of offsetting emissions. 

cission y y 03!1612014 Nonattainment provisions - offset ratio requirements. 

 N y 03/16/2014 Nonattainment provisions - offset ratio requirements. 

ndment y y 03/1612014 Nonattainment provisions- administrative procedures for emission offsets. 

ndment y y 03/16/2014 Review of major stationary sources of hazardous air 

pollutants requiring MACT determinations. 

ndment y y 0311612014 General permit-to-install and general PTIO. 

cission y y 03116/2014 Reserved. 

Page 1 
pe FYR CSI JE Date 

cission Y 

endment Y 

y 

y 

03/16/2014 

03/16/2014 

Eff Date Next FYR Tagline 

Reserved. 

Plantwide applicability limit (PAL). 

Page 2 
onic Rule JUinf 

Mark Flanders, Director 

Legislative Service Commission 

17 South High St,, 9th Floor 

Columbus,OH 43215 

larry Wolpert,. Director 

Joint Committee on Agency Rule Review 

17 South High St., Concourse Level 

Columbu$,0H 43215 

at the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of 

 

109737 

 

01/10/2014 11:31 AM 

6078193ca6259b75f33e6eac14af47 

E 

e FYR CSI JE Date Eff Date 

ndment y y 03/16/2014 

ndment y y 03/16/2014 

ndment y y 03/16/2014 

ndment y y 03116/2014 

ndment y y 03/1612014 

ndment y y 03116/2014 

ndment y y 03/1612014 

ndment y y 03/16/2014 

ndment y y 03116/2014 

ndment y y 03/16/2014 

ndment y y . 03/1612014 

Page 1 

Next FYR Tagline 

Definitions. 

Applicability, requirements, and obligations. 

Applications. 

Completeness determinations, processing requirements, 

public participation, public notice, and issuance. 

Termination, revocation, expiration, renewal, revision and 

transfer. 

Registration status permit-to-operate. 

Variances on operation. 

NSR projects at existing emissions units at a major 

stationary source. 

Attainment provisions - ambient air increments, ceilings and 

classifications. 

Attainment provisions - data submission requirements. 

Attainment provisions - review of major stationary sources 

and major modifications, stationary source applicability and 

exemptions. 
pe FYR CSI JE Date Eff Date Next FYR Tagline 

endment y y 0311612014 Attainment provisions - preapplication analysis. endment y y 0311612014 Attainment provisions- control technology review. endment y y 03116/2014 Attainment provisions - major stationary source impact analysis. endment y y 03/1612014 Attainment provisions - additional impact analysis. 

endment y y 0311612014 Attainment provisions - air quality models. endment y y 0311612014 Attainment provisions - notice to the United States environmental protection agency. endment y y 03/1612014 Attainment provisions- innovative control technology. 

endment y y 03116/2014 

Non attainment provisions - review of major stationary 

sources and major modifications - stationary source 

applicability and exemptions. 

Page2 
Article Ill 

Attachment B 

RSFAs 

ACTION: Refiied PA 'T'Q • (1J1 10911()1 Li :; · r• P]Vi 1 , .. Y .. _ -··-" I2, ;-., . I-. L ' ,._, ,"4" I 1 ... J,, 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPC) 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paui.Braunfalepa.ohio.gov 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-11 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Titlerr ag Line Attainment provisions - ambient air increments. ceilings and 

classifications. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of ORC 

119.032. 

7. If the rule is an AMENDMENT, then summarize the changes and tl')e content 

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, 
Page2 Rule Number: 3745-31-11 

then summarize the content of the rule: 

The existing rule contains the requirements for allowable emission increases and 

ceiling levels from major sources of air pollution in attainment areas. It requires a 

PTI contain limits or other measures (e.g. control devices) necessary to ensure that 

emission increases stay under the levels required in this 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 contains references to the Ohio Administrative Code (OAC) and Ohio 

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

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

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

ORC 121.71 through 121.75. 

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

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

CPR references have also been dated to reference the specific version of the rules. 

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

through 121.74. 

This rule also contains references to the Federal Power Act and Energy Supply and 

Environmental Coordination Act of 1974. This act is generally available through 

libraries, Ohio EPA and Government Printing Office's websites. References to this 

act have also been dated to reference the specific version of the act. 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 rule OAC 

3745-31-01 (KKKKKK). 

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: · 
Page 3 Rule Number: 3745-31-11 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

An amendment was made to the table to remove a repeated reference to PM 10. 

Initial Retiling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(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 
Page4 Rule Number: 3745-31-11 

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 requirements for allowable emission increases and ceiling 

levels from major source of air pollution in attainment areas. It requires a PTI 

contain limits or other measures (e.g. control devices) necessary to ensure that 

emission increases stay under the levels required in this rule. The cost of these 

limits/measures can vary widely from $0 (limiting actual emissions) to millions of 

dollars (installing control equipment). 

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

municipal corporations? Yes 

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

with Am. Sub. S.B. 33 of the 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 Fonn in order to 

comply with Am. Sub. 106 of the !21st General Assembly. 

S.B. 2 (129th General Assemblv1 Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C.121.82?Yes 

19. SpeCific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 
Page 5 Rule Number: 3745-31-11 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

The rule contains the requirements for allowable emission increases and ceiling 

levels from major source of air pollution in attainment areas. It requires that a PTI 

contain limits or other measures (e.g. control devices) necessary to ensure fhat 

emission increases stay under the levels required in this rule. An expenditure may 

be required to install a control or adopt a policy to achieve fhe allowable emission 

increase/ceiling. 

. " (i4/'!0 ' , \_,, .'7 f 12(l! 3. "'j ll. j~ 

Page B-1 Rule Number: 3745-31-11 

Rule Summary and Fiscal Analvsis (Part Bl 

1. Does the Proposed rule have a fiscal effect on any of the following? 

(a) Schoo! 

Districts 

Yes 

(b) Counties 

Yes 

(c) Townships 

Yes 

(d) Municipal 

Corporations 

Yes 

2. Please provide an estimate in dollars of the cost of compliance with the 

proposed rule for school districts, counties, townships, or municipal 

corporations. If you are unable to provide an estimate in dollars, please 

provide a written explanation of why it is not possible to provide such an 

estimate. 

This rule contains the requirements for allowable emission increases and ceiling 

levels from major source of air pollution in attainment areas. It requires a PTI 

contain limits or other measures (e.g. control devices) necessary to ensure that 

emission increases stay under the levels required in this rule. The cost of these 

limits/measures can vary widely from $0 (limiting aetna! emissions) to millions of 

dollars (installing control equipment). 

3. If the proposed rule is the result of a federal requirement, does the proposed 

rule exceed the scope and intent of the federal requirement? No 

4. If the proposed rule exceeds the minimum necessary federal requirement, 

please provide an estimate of, and justification for, the excess costs that 

exceed the cost of the federal requirement. In particular, please provide an 

estimate of the excess costs that exceed the cost of the federal requirement 

for (a).school districts, (b) counties, (c) townships, and (d) municipal 

corporations. 

Not Applicable. 

5. Please provide a comprehensive cost estimate for the proposed rule that 

includes the procedure and method used for calculating the cost of 

compliance. This comprehensive cost estimate should identify all of the 

major cost categories including, but not limited to, (a) personnel costs, (b) 

new equipment or other capital costs, (c) operating costs, and (d) any 

indirect central service costs. 

As noted above, the range of cost requirements in this rule can be quite large, from 

no cost to Millions of dollars. A no/low cost scenario would be a simple 

recordkeeping change or a minor housekeeping change. A high cost change would 
Page B-2 Rule Number: 3745-31-11 

include the installation and operation of a control device. 

(a} Personnel Costs 

As noted above, there is a large cost range associated with compliance with 

this rule. Personnel costs do, however, tend to be low and/or a small portion 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

equipment. 

(b} New Equipment or Other Capital Costs 

As noted above, there is a large cost range associated with compliance with 

this rule. Personnel costs do, however, tend to be low and/or a small portion 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

equipment. 

( c} Operating Costs 

As noted above, there is a large cost range associated with compliance with 

this rule. Personnel costs do, however, tend to be low and/or a small portion 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

equipment. 

(d} Any Indirect Central Service Costs 

As noted above, there is a large cost range associated with compliance with 

this rule. Personnel costs do, however, tend to be low and/or a small portion 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

equipment. 

( e} Other Costs 

As noted above, there is a large cost range associated with compliance with 

this rule. Personnel costs do, however, tend to be low and/or a small portion 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with tl1e installation an.d operation of capital 

equipment. 
Page B-3 Rule Number: 3745-31-11 

6. Please provide a written explanation of the agency's and the local 

government's ability to pay for the new requirements imposed by the 

proposed rule. 

The amendments proposed as part of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years and has been funded through 

existing budgets. 

7. Please provide a statement on the proposed rule's impact on economic 

development. 

The proposed amendments will have no additional impact on economic 

development. The existing requirements of this rule will continue to impact 

economic development in that any agency/local government or other entity 

installing or modifYing an air contaminant source in the state of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

construction of such sources. 

Rule Summarv 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) 

Paui.Braun@epa.ohio.gov 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

3745-31-12 AMENDMENT 

Rule Number TYPE of rule filing 

614-644-3681 

Fax 

Rule Titlerfag Line Attainment provisions- data submission requirements. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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: 
Page2 Rule Number: 3745-31-12 

The existing rule contains the requirements for data that must be submitted as part 

of a PTI application from major sources of air pollution in attainment areas. It also 

requires these types of sources to have best available control technology (BACT). 

A change was made to update the citation of paragraph (KKKKKK) of rule 

3745-31-01 in the intro paragraph and various minor changes were made to bring 

the rule in line with LSC rule formatting conventions. 

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) and Ohio 

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

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

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

ORC 121.71 through 121.75. 

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

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

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

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

through 121.74. 

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

3745-31-01 (KKKKKK). 

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 
Page 3 Rule Number: 3745-31-12 

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was reflled without changes to keep it on the same jurisdictional 

time frame as other rules in this rulemaking package. 

Initial Refiling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKK.K) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(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: lfthe 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 
Page4 Rule Number: 3745-31-12 

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

This rule contains the requirements for data that must be submitted as part of a PTI 

application from major sources of air pollution in attainment areas. It also requires 

these types of sources to have best available control technology (BACT) (which 

would meet the requirements for BAT under OAC 3745-3!-02). BACT is similar to 

BAT, in that it is a determination of the best method to control emissions from a 

source emitting pollutants. BACT is a federal requirement whichthe agency 

implements under major NSR. The cost of BACT can vary widely from $0 to 

millions of dollars for control equipment. 

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

municipal corporations? Yes 

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

with Am. Sub. S.B. 33 of the 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 of the !21st General Assembly. 

S.B. 2 f129th General Assemb/J() Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

An affected facility may be required to develop new procedures or install new air 

pollution control equipment to meet the requriements of this rule. As mentioned in 

the fiscal analysis, the cost could range from $0 to millions of dollars. 
Page 5 Rule Number: 3745-31-12 
I 

I 
----· .---··-----·----

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-·---· ------· 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPCl 

Division 

50 West Towu Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address {Plus Zip) 

Paui.Braun@epa.ohio.gov 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-13 AMENDMENT 

Rule Number 

Rule Titlerrag Line 

TYPE of rule filing 

Attainment provisions- review of major stationary sources and 

major modifications, stationary source applicability and 

exemptions. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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, 
Page2 Rule Number: 3745-31-13 

then summarize the content of the rule: 

The rule identifies the other rules of this chapter that a major source of air pollution 

in an attainment area must comply with, or that a facility may be exempt from. 

A change was made to the intra paragraph to update the citation to paragraph 

(KKKKKK) of OAC rule 3745-31-01. Several minor changes were also made to 

update the rule to LSC formatting conventions. 

Paragraph (H)(l)(c) was added to include the ambient air quality standard for PM 

2.5 to make the rule match federal 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) and Ohio 

Revised Code (ORC). Wbile copies offuese 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 fue provisions of 

ORC 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. 

CPR references have also been dated to reference fue specific version of the 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 rule OAC 

3745-31-01 (KKKKKK). 

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: 
Page 3 Rule Number: 3745-31-13 

Not Applicable. 

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

filed version ofthis rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEPA is revising the intra paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(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 
Page 4 Rule Number: 3745-31-13 

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 rule identifies the other rules of this chapter that a major source of air pollution 

in an attainment area must comply with, or that a facility may be exempt from. 

There is no cost of compliance 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 of the 12lst General Assembly. 

S.B. 2 (129th General Assemblv) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
·--·----, · 04/09/2014 3 7 PM 

Rule Summarv 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) 

Paui.BrauniWepa.obio.gQY 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-14 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Attainment provisions - preapplication analysis. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of ORC 

119.o32. 

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: 
Page2 Rule Number: 3745-31-14 

The rule contains the requirements for pre-application analysis (e.g., monitoring 

data, modeling) that may be required to be submitted as part of a PTI application 

from major sources of air pollution in attainment areas. The pre-application 

analysis is necessary to determine the impact the source will have on the ambient 

air. The rule also states the director may require the source to monitor the air after 

the source is installed per the PTI. 

An amendment was made to the intro paragraph to update the citation to paragraph 

(KKKKKK) ofOAC rule 3745-31-01. 

Minor changes were made throughout the rule to fix formatting issues and align the 

rule with LSC fonnatting conventions. 

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 of these 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. 

This rule also contains references to the Code of Federal Regulations (CPR). 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 of the rules. 

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

through 121.74. 

This rule also contains references to the Clean Air Act (CAA). The CAA is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CAA have also been dated to reference the specific 

version of the act. 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 rule OAC 

3745-31-01 (KKKKKK). 

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: 
Page 3 Rule Number: 3745-31-14 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEP A is revising ihe intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(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 
Page4 Rule Number: 3745-31-14 

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 requirements for pre-application analysis (e.g., monitoring 

data, modeling) that may be required to be submitted as part of a PTI application 

from major sources of air pollution in attainment areas. The pre-application 

analysis is necessary to determine the impact the source will have on the ambient 

air. The rule also states the director may require the source to monitor the air after 

the source is installed per the PTI. The cost of compliance with this rule can vary 

widely from $0 (no pre-application analysis required) to thousands of dollars 

depending on the type, length and amount of monitoring, data collection and 

analysis required. 

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

municipal corporations? Yes 

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

with Am. Sub. S.B. 33 of the !20th 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 of the l2lst General Assembly. 

S.B. 2 (129th General Assembly) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 
PageS Rule Number: 3745-31-14 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

This rule requires that ce1tain facilities perform a pre-application analysis. This 

could be in the form of computer modeling or realworld ambient air monitoring. 

The analysis is required to determine if the facilities trigger additional requirements 

in their air pollution control permits. 

___ < fJ!l/()0;'2(1'· A 7 <A 7 DM; I •. " ·_7 )'] t ...},....,. ;._ ~ 

Page B-1 Rule Number: 3745-31-14 

Rule Summary and Fiscal Analysis (Part Bl 

1. Does the Proposed rule have a fiscal effect on any of the following? 

(a) School 

Districts 

Yes 

(b) Counties 

Yes 

(c) Townships 

Yes 

(d) Municipal 

Corporations 

Yes 

2. Please provide an estimate in dollars of the cost of compliance with the 

· proposed rule for school districts, counties, townships, or municipal 

corporations. If you are unable to provide an estimate in dollars, please 

provide a written explanation of why it is not possible to provide such an 

estimate. 

This rule contains the requirements for pre-application analysis (e.g., monitoring 

data, modeling) that may be required to be submitted as part of a PTI application 

from major sources of air pollution in attainment areas. The pre-application 

analysis is necessary to determine the impact the source will have on the ambient 

aiL The rule also states the director may require the source to monitor the air after 

the source is installed per the PTL The cost of compliance with this rule can vary 

widely from $0 (no pre-application analysis required) to thousands of dollars 

depending on the type, length and amount of monitoring, data collection and 

analysis required. 

3. If the proposed rule is the result of a federal requirement, does the proposed 

rule exceed the scope and intent of the federal requirement? No 

4. If the proposed rule exceeds the minimum necessary federal requirement, 

please provide an estimate of, and justification for, the excess costs that 

exceed the cost of the federal requirement. In particular, please provide an 

estimate of the excess costs that exceed the cost of the federal requirement 

for (a) school districts, (b) counties, (c) townships, and (d) municipal 

corporations. 

Not Applicable. 

5. Please provide a comprehensive cost estimate for the proposed rule that 

includes the procedure and method used for calculating the cost of 

compliance. This comprehensive cost estimate should identify all of the 

major cost categories including, but not limited to. (a) personnel costs, (b) 

new equipment or other capital costs, (c) operating costs, and (d) any 

indirect central service costs. 
Page B-2 Rule Number: 3745-31-14 

The cost of a pre-application analysis could range from no cost (source does not 

qualify to do analysis) to thousands of dollars. 

(a) Personnel Costs 

For pre-application analyses where computer modeling is perfonned, ahnost 

the entire cost of the analysis would be personnel costs. A typical cost for a 

computer modeling analysis is a couple of thousand dollars. For an analysis 

involving ambient air monitoring, personnel costs would be accrued through 

the labor required for operation of the ambient monitor. A typical ambient 

monitoring analysis would cost a few thousand dollars in personnel costs. 

(b) New Equipment or Other Capital Costs 

The capital costs for a computer modeling analysis would be minimal to 

none. Modeling is typically done via contract to an ont~ide consultant who 

includes the cost of capital equipment as part of their hourly rate. For an 

ambient air quality monitoring analysis, capital costs would be accrued 

through the purchase of monitoring equipment A typicaly monitor can cost 

$10,000 if purchased new from the manufacturer. 

(c) Operating Costs 

An operating cost would be associated with an ambient air quality monitoring 

analysis. Including maintenace, sample collection, and power, the yearly cost 

of operation of a monitor can be several thousand dollars ($2,000 to $5,000). 

(d) Any Indirect Central Service Costs 

Not applicable 

(e) Other Costs 

Not applicable 

6. Please provide a written explanation of the agency's and the local 

government's ability to pay for the new requirements imposed by the 

proposed rule. 

The amendments proposed as part of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 
Page B-3 Rule Number: 3745-31-14 

compliance that has existed for a number of years and has been funded through 

existing budgets. 

7. Please provide a statement on the proposed rule's impact on economic 

development. 

The proposed amendments will have no additional impact on economic 

development. The existing requirements of this rule will continue to impact 

economic development in that any agency/local government or other entity 

installing or modifying an air contaminant source in the state of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a pennit-to-install prior to 

constmction of such sources. 

A.CT'ICJ .. N. T· JP,·.,o.n''oe'cl , '---- ___ ._._ ... _. _._. __ ··'-'_·_·_·_· ___ j · QLL;'\')012[) j it 2 · a.7 • '-, . _7, "' ·'· ' ~)' " 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPC\ 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paui.Braun@epa.ohio.pov 

Email 

Paul .J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-15 AMENDMENT 

Rule Number TYPE of rule tiling 

Rule Title/Tag Line Attainment provisions- control technology review. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements ofORC 

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: 
Page2 Rule Number: 3745-31-15 

The rule states the requirements that must be met for major sources of air pollution 

in attainment areas. This includes the requirement for BACT. 

The only change made to this rule is udating the reference to paragraph 

(KKKKKK) of OAC rule 3745-31-01 in the intra paragraph. 

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 websites. CFR 

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

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

121.74. 

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

3745-31-01 (KKKKKK). 

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: If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 
Page 3 Rule Number: 3745-31-15 

Initial Refiling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(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 requires major stationmy sources and major modifications to these 

sources to meet all applicable emission limitations and, for certain sources, to apply 

BACT (Best Available control Technology). The cost of compliance with this rule 

can vary widely from no cost ($0 if no controls are needed) to millions of dollars if 

a control is needed to meet BACT. 
Page4 Rule Number: 3745-31-15 

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

municipal corporations? Yes 

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

with Am. Sub. S.B. 33 of the I 20th 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 of the 12lst General Assembly. 

S.B. 2 (129th General Assembl!{) Questions 

18. Has this rule been filed with the Common Sense Initiative Office punsuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

This rule requires facilities to meet applicable emission limitations up to and 

including BACT (Best Available Control Technology). 
DATE: 04/09/20 !4 1 

- 'L!.I ' '• I PM ! ~ 1 ' 

Page B-1 Rule Number: 3745-31-15 

Rule Snmrnarv and Fiscal Analysis (Part B) 

1, Does the Proposed rule have a fiscal effect on any of the following? 

(a) School 

Districts 

Yes 

(b) Counties 

Yes 

(c) Townships 

Yes 

(d) Municipal 

Corporations 

Yes 

2. Please provide an estimate in dollars of the cost of compliance with the 

proposed rule for school districts, counties, townships, or municipal 

corporations. If you are unable to provide an estimate in dollars, please 

provide a written explanation of why it is not possible to provide such an 

estimate. 

This rule requires major stationary sources and major modifications to these 

sources to meet all applicable emission limitations and, for certain sources, to apply 

BACT (Best Available control Technology), The cost of compliance with this rule 

can vary widely from no cost ($0 if no controls are needed) to millions of dollars if 

a control is needed to meet BACT. 

3. If the proposed rule is the result of a federal requirement, does the proposed 

rule exceed the scope and intent of the federal requirement? No 

4. If the proposed rule exceeds the minimum necessary federal requirement, 

please provide an estimate of, and justification for, the excess costs that 

exceed the cost of the federal requirement. In particular, please provide an 

estimate of the excess costs that exceed the cost of the federal requirement 

for (a) school districts, (b) counties, (c) townships, and (d) municipal 

corporations. 

Not Applicable. 

5. Please provide a comprehensive cost estimate for the proposed rule that 

includes the procedure and method used for calculating the cost of 

compliance. This comprehensive cost estimate should identify all of the 

major cost categories including, but not limited to, (a) personnel costs, (b) 

new equipment or other capital costs, (c) operating costs, and (d) any 

indirect central service costs. 

This rule requires major stationary sources and major modifications to these 

sources to meet all applicable emission limitations and, for certain sources, to apply 

BACT (Best Available control Technology). The cost of compliance with this rule 

can. vary widely from no cost ($0 if no controls are needed) to millions of dollars if 
Page B-2 Rule Number: 3745-31-15 

a control is needed to meet BACT. 

{a) Personnel Costs 

Personnel cost.> related to the cost of compliance are difficult to estimate due 

to the large range of cost estimated for this rule. If the strategy for meeting 

the emission limitations is paperwork or work practices, the cost of 

compliance is almost totally personnel costs. If the strategy involves 

iostallation of a control device, the personnel costs would be a small 

percentage of the total cost. Overall, personnel costs for the cost of 

compliance with this rule are estimated to fall within the range $0 to 

thousands of dollars. 

(b) New Equipment or Other Capital Costs 

As above with personnel costs, if the compliance strategy involves 

iostallation of a control device, the majority of the cost for the strategy would 

be the capital cost for the purchase and iostallation of the control device. 

Control devices can run from several thousand dollars to several million 

dollars depending on the size of the source they are intended to control. 

(c) Operating Costs 

Operatiog costs will vary greatly depending on the size ofthe control device 

and·the pollutant controlled. Typical operatiog costs are estimated to cost 

between a few thousand dollars and hundreds of thousands of dollars. 

(d) Any Indirect Central Service Costs 

Given the range of cost of compliance with this rule, it is almost impossible 

to estimate these costs acurately. The range for these costs would be no cost 

to thousands of dollars. 

(e) Other Costs 

Given the range of cost of compliance with this rule, it is almost impossible 

to estimate these costs acurately. The range for these costs would be no cost 

to thousands of dollars. 

6. Please provide a written explanation of the agency's and the local 

government's ability to pay for the new requirements imposed by the 
Page B-3 Rule Number: 3745-31-15 

proposed rule. 

The amendments proposed as part of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years and has been funded through 

existing budgets. 

7. Please provide a statement on the proposed rule's impact on economic 

development. 

The proposed amendments will have no additional impact on economic 

development. The existing requirements of this rule will continue to impact 

economic development in that any agency/local government or other entity 

installing or modifying an air contaminant source in the state of Ohio wiii have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

constructi.on of such sources. 

L_ ___ A_C_~1_~:_;c_~x_'_:_R_e_fi_le_d ____ J 

Rule Summary and Fiscal Analysis (Part Al 

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) 

Paui.Braunlalepa.ohio.gov 

Email 

paul J. Braun 

Contact 

614-644-2270 

Phone 

3745-31-16 AMENDMENT 

Rule Number TYPE of rule filing 

614-644-3681 

Fax 

Rule TitlefTag Line Attainment provisions - maior stationary source impact 

analysis, 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements ofORC 

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, 
Page 2 Rule Number: 3745-31-16 

then summarize the content of the rule: 

The rule requires major sources of air poliution in attainment areas to perform an 

impact analysis to demonstrate 1he source will not violate 1he national ambient air 

quality standards (NAAQS) or 1heir allowable increase over baseline 

concentrations. 

Paragraph (C) is being added to incorporate siguificant impact levels for PM2.5, 

pursuant to U.S. EPA's requirements for establishing increments, significant impact 

levels, and a significant monitoring concentration for fme particulate pollution. 

The citation to paragraph (KKKKKK) in OAC rule 3745-31-01 in1h.e intro 

paragraph is being updated. 

Also, several minor changes are being made to f01matting to keep 1he rule in line 

wi1h LSC rule formatting conventions. 

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 1he 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 1he specific version of1he rules. ORC 

121.75 (D) exempts such references from 1he requirements ofORC 121.71 1hrough 

121.74. 

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

3745-31-01 (KKKKKK.). 

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: 
Page 3 Rule Number: 3745-31-16 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refi!ing: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEPA is revising the intra paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1!10/2014 

(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: lf 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 revennes 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 
Page4 Rule Number: 3745-31-16 

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 requires major sources of air pollution in attainment areas to perform an 

impact analysis to demonstrate the source will not violate the national ambient air 

quality standards (NAAQS) or their allowable increase over baseline 

concentrations. This analysis would be submitted as part of the PTI application of 

which costs were discussed under the RSF A and RSF A Part B for OAC 

3745-31-02. Major sources of air pollution in attainment areas that require analysis 

such as this and the other requirements in OAC 3745-31-11 through 3745-31-20 

tend to have higher application costs. 

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 deftned in R. C. 121.39? Yes 

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

comply with Am. Sub. 106 of the l2lst General Assembly. 

S.B. 2 f129th General Assembly) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

The rule requires major sources of air pollution in attainment areas to perform an 

impact analysis to demonstrate the source will not violate tbe national ambient air 
Page5 Rule Number: 3745-31-16 

quality standards (NAAQS) or their allowable increase over baseline 

concentrations. This is typically done in conjunction with the application required 

in OAC rule 3745-31-02. 

Page B-1 Rule Number. 3745-31-12 

Rule Summary aud Fiscal Aualvsis (Part B) 

1. Does the Proposed rule have a fiscal effect on any of the following? 

(a) School 

Districts 

Yes 

(b) Counties 

Yes 

(c) Townships 

Yes 

(d) Municipal 

Corporations 

Yes 

2. Please provide an estimate in dollars of the cost of compliance with the 

proposed rule for school districts, counties, townships, or municipal 

corporations. If you are unable to provide an estimate in dollars, please 

provide a written explanation of why it is not possible to provide such an 

estimate. 

This rule contains the requirements for data that must be submitted as part of a PTI 

application from major sources of air pollution in attaimnent areas. It also requires 

these iypes of sources to have best available control technology (BACT) (which 

would meet the requirements for BAT under OAC 3745-31-02). BACT is similar to 

BAT, in that it is a determination of the best method to control emissions from a 

source emitting pollutants. BACT is a federal requirement which the agency 

implements under major NSR. The cost of BACT can vary widely from $0 to 

millions of dollars for control equipment. 

3. If the proposed rule is the result of a federal requirement, does the proposed 

rule exceed the scope and intent of the federal requirement? No 

4. If the proposed rule exceeds the minimum necessary federal requirement, 

please provide an estimate of, and justification for, the excess costs that 

exceed the cost of the federal requirement. In particular, please provide an 

estimate of the excess costs that exceed the cost of the federal requirement 

for (a) school districts, (b) counties, (c) townships, and (d) municipal 

corporations. 

Not Applicoble. 

5. Please provide a comprehensive cost estimate for the proposed rule that 

includes the procedure and method used for calculating the cost of 

compliance. This comprehensive cost estimate should identify all of the 

major cost categories including, but not limited to, (a) personnel costs, (b) 

new equipment or other capital costs, (c) operating costs, and (d) any 

indirect central service costs. 

The range of cost of compliance with this rule is significant. The costs could range 
Page B-2 Rule Number: 3745-31-12 

from no cost ($0) for a simple, paperwork type solution, to millions of$$ if it is 

necessary to install and operate an air pollution control device to achieve BACT. 

(a) Personnel Costs 

Over the range of estimated costs of compliance with this rule, solutions 

based total on person ell costs would likely be in the range of $0 to a few 

thousand dollars. For a solution requiring capital equipment purchase, 

installation and operation, personnel! costs would likely be a small percentage 

of that cost. 

(b) New Equipment or Other Capital Costs 

As mentioned, the range of cost of compliance with this rule is quite 

significant, ranging from $0 to millions of$$. Solutions requiring the 

purchase, installation, and operation of capital equipment would likely fall 

within the upper portion of the estimated cost range. 

(c) Operating Costs 

The range of operating costs for compliance with this rule can be almost as 

wide as the capital costs. Depending on the size and complexity of the air 

pollution control equipment installed, operating costs could be almost $0 to 

millions of$$. 

(d) Any Indirect Central Service Costs 

As noted above, the cost estimate range for the cost of compliance with. this 

rule is quite large. Any indirect type costs would likely be a small percentage 

of the total cost of compliance. 

(e) Other Costs 

As noted above, the cost estimate range for the cost of compliance with this 

rule is quite large. Any miscellaneous type costs would likely be a small 

percentage of the total cost of compliance. 

6. Please provide a written explanation of the agency's and the local 

government's ability to pay for the new requirements imposed by the 

proposed rule. 
Page B-3 Rule Number: 3745-31-12 

The amendments proposed as part of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years and has been funded through 

existing budgets. 

7. Please provide a statement on the proposed rule's impact on economic 

development. 

The proposed amendments will have no additional impact on economic 

development. The existing requirements of this rule will continue to impact 

economic development in that any agency/local government or other entity 

installing or modifying an air contaminant source in the state of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

construction of such sources. 

LH ' ,--.~''()] . t o l ,,. ,. l~ ',, .. fi l ;c~('' ' I . .t..\..,...- f. :1 .• "': , l .l..f . ,'!.., ! . 04/09/2014 3 

Rule Summary and Fiscal Analysis (Part Al 

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) 

Paui.Braunfalepa.ohio.gov 

Email 

Paul.!. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-17 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Titleffag Line Attainment provisions- additional impact analvsis. 

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(F) 

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

or implements: 3704.03(A), 3704•03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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: 
Page2 Rule Number: 3745-31-17 

The rule requires major sources of air pollution in attairunent areas to perform an 

'additional' impact analysis to demonstrate potential impairment to visibility, soils 

and vegetation that would occur as a result of the stationary source or modification 

and the effects on air quality due to the general commercial, residential, industrial 

and other groWth associated with the source. 

The single change to this rule is the update to the citation for paragraph 

(KKKKKK) ofOAC rule 3745-31-01 in the intro paragraph. 

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). TI1ese rules 

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

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

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

121.74. 

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

3745-31-01 (KKKKKK). 

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 

10.1f 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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 
Page 3 Rule Number: 3745-31-17 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KK.KKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1/10/2014 

(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 requires major sources of air pollution in attainment areas to perform an 

'additional' impact analysis to demonstrate potential impairment to visibility, soils 

and vegetation that would occur as a result of the stationary source or modification 
Page4 Rule Number: 3745-31-17 

and the effects on air quality due to the general commercial, residential, industrial 

and other growth associated with the source. This analysis is submitted as part of 

the PTI application of which costs were discussed under OAC 3745-31-02 above. 

Major sources of air pollution in attainment areas that require analysis such as this 

and the other requirements in OAC 3745-31-11 through 3745-31-20 tend to have 

higher application 

costs. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the l2lst General Assembly. 

S.B. 2 (129th General Assemblvl Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

The rule requires major sources of air pollution in attainment areas to perform an 

'additional' impact analysis to demonstrate potential impairment to visibility, soils 

and vegetation that would occur as a result of the stationary source or modification 

and the effects on air quality due to the general commercial, residential, industrial 

and other growth associated with the source. This analysis is typically performed in 

conjunction with the application required in OAC rule 3745-31-02 as part of that 

application. 
Page 5 Rule Number: 3745-31-17 

I DATE: 04/09/2014 3:47 

Rule Summarv and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPCl 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paui.Braun@epa.ohio.gov 

Email 

Paul J. Brann 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-18 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title!Tag Line Attainment provisions - air quality mod.cls. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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: 
Page2 Rule Number: 3745-31-18 

The existing rule identifies appropriate air models that can be used when modeling 

is required for major sources under this chapter. 

A change has been made to update the citation to paragraph (K.KKKKK.) of OAC 

rule 3745-31-01 in the intra paragraph. 

A change was made in paragraph (C) to update the citation from OAC rule 3745-47 

to 3745-49 to reflect in a change in Ohio EPA's administrative rules that has 

occurred since the previous revision of this 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 contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

on-line sources, including the Ohio EPA website, ORC 12!.76 (A) exempts such 

references from the provisions ofORC 12!.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 of the rules. 

ORC 12!.75 (D) exempts such references from the requirements ofORC 121.71 

through 121.74. 

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

3745-31-01 (KKKKKK). 

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. 
Page3 Rule Number: 3745-31-18 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(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 ANAL YS!S 

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 
Page4 Rule Number: 3745-31-18 

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

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

The rule identifies appropriate air models that can he used when modeling is 

required for major sources under this chapter. There is no cost of compliance 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 of the !21st General Assembly. 

S.B. 2 (129th General Assembly! Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
Rule Summary and Fiscal Ana!vsis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control !DAPC) 

Division 

50 West Town Street. Suite 700 PO Box 1()49 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paul.Braun!Wepa.ohio.gov 

Email 

PaulJ. Braun 

Contact 

614-644-2270 

Phone 

3745-31-19 AMENDMENT 

Rule Number TYPE of rule filing 

614-644-3681 

Fax 

Rule Title/Tag Line Attainment pt·ovisions - notice to the United States 

environmental protection agency, 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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, 
Page 2 Rule Number: 3745-31-19 

then summarize the content of the rule: 

The rule identifies the notification requirements for major sources demonstrating 

compliance under this chapter. It also identifies the procedures and maximum 

allowable increase over the baseline concentrations for certain air pollutants from 

sources in Class I areas (as defined in OAC 3745-31-01) when a variance is 

requested. 

The intra paragraph is being amended to update the citation to paragraph 

(KKKKKK) in OAC rule 3745-31-0l. 

An amendment will be made to the table in paragraph (D) of this rule to change the 

maximum allowable increase for PM! 0 from 20 to 30 ~g/m3 to be consistent with 

federal rules. 

Various other minor changes are being made to bring the rule in line with LSC rule 

formatting conventions. 

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 websites. CFR 

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

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

121.74. 

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

3745-31-01 (KKKKKK). 

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: 
Page3 Rule Number: 3745-31-19 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Reftling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKK.K) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1/10/2014 

(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 
Page4 Rule Number: 3745-31-19 

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: 

There is no cost of compliance with this rule. This rule identifies the notification 

requirements for major sources demonstrating compliance under this chapter. It 

also identifies the procedures and maximum allowable increase over the baseline 

concentrations for certain air pollutants from sources in Class I areas (as defmed in 

OAC 3745-31-01) when a variru1ce is requested. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 12lst General Assembly. 

S.B. 2 (129th General Assembl!(} Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
Alr"TJQli\T" R-, pfl 1f.""(~ "" ~ ~. >'. . .. ' •· Y. ·""'-· . ·""' ,_ : ·o. A~~·.,_ •. PIL1/Cl9;1?0· 14 ?. ·&7 Pr·.,~~~. ; ' r\.' i~ .. ,!· \, ' . -· ./ , ~J' t ' .r ' 

Rule Summary and Fiscal Analysis !Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (J)APC) 

Division 

SO West Town .Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address {Plus Zip) 

Paui.Braun@epa.obio.gov 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-20 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Attainment provisions - innovative control technology. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of ORC 

ll9.D32. 

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: 

f'H'Hii 
Page2 Rule Number: 3745-31-20 

The existing rule states the requirements for major sources of air pollution in 

attainment areas which 'elect' to request the use of an innovative control technology 

in lieu of BACT. 

An amendment is being made to the intro paragraph to update the citation to 

paragraph (KKKKKK) ofOAC rule 3745-31-01. 

Various minor formatting changes are being made to bring the rule in line with 

LSC rule formatting conventions. 

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 of these 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. 

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 of the 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 rule OAC 

3745-31-01 (KKKKKK). 

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: 3745-31-20 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(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 
Page4 Rule Number: 3745-31-20 

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

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

There is no cost of compliance. This rule states the requirements for major sources 

of air pollution in attainment areas which 'elect' to request the use of an innovative 

control technology in lieu of BACT. 

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 Farm in order to 

comply with Am. Sub. 106 of the !21st General Assembly. 

S.B. 2 (129th General Assembl!(l Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
I L f' 

. .J !:"'.~. ,,·~,, · . F ...._.. · (\4.;'•,',\c)· , ,. . . , 

121) \. -· I Ll. , ,._,, '1: • 4~; , 

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 l 049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paul.Braun(ti)epa.ohio.gov 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-21 AMENDMENT 

Rule Number 

Rule Title/Tag Line 

TYPE of rule filing 

Nonattainment provisions - review of major stationary sources 

and maior modifications - stationary source applicability and 

exe!lll!tions. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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, 
Page2 Rule Number: 3745-31-21 

then summarize the content of the rule: 

The rule identifies the other rules of this chapter that a major source of air pollution 

in a nonattainment area must comply with, or that a facility may be exempt from. 

An amendment is being made to the intra paragraph to update the citation to 

paragraph (KKKKKK) ofOAC rule 3745-31-01. 

Various other minor changes are being made for clarification and to bring the rule 

into conformity with LSC rule formatting conventions. The amendments to not 

change the scope or intent of the 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 contains references to the Ohio Administrative Code (OAC). While 

copies of these 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. 

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 of the rules. 

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

through 121.74. 

This rule also contains references to the Clean Air Act (CAA). The CAA is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CAA have also been dated to reference the specific 

version of the act. 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 rule OAC 

3745-31-01 (KKKKKK). 

9. tf 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: 
Page 3 Rule Number: 3745-31-21 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package .. 

Initial Refiling: 

OEPA is revising the inn·o paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 111012014 

(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 f 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 
Page 4 Rule Number: 3745-31-21 

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: 

There is no cost of compliance. This rule identifies the other rules of this chapter 

that a major source of air pollution in a nonattainment area must comply with, or 

that a facility may be exempt from. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the !21st General Assembly. 

S.B. 2 f129th General Assemb/!1) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
Page 5 Rule Number: 3745-31-21 

Ac~'()N I' ,,, d )). · / 1 1 _ 1 , : s.en1e ; D .t-:d. A~" r~.; "'4 ') '(1)" ~ ·";:JJ '2()' 14 A ~):_ ~ 5 ... 

J i:-'·J. ~'M' 1 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control {DAPQ 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paui.Braun@epa.ohio.gov 

Email 

Paul J. Braun 

Contact 

614-M4-2270 

Phone 

614-644-3681 

Fax 

3745-31-22 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Nonattainment provisions - conditions for approval. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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: 
Page2 Rule Number: 3745-31-22 

The existing rule contains the requirements for data that must be submitted as part 

of a PTI application from major sources of air pollution in nonattainment areas. 

This includes the requirement that these types of sources to have technology that 

can achieve a lowest achievable emission rate (LAER). 

Paragraph (A)(3)(b) is being amended to incorporate permissible language for 

emission offset interprecursor trading for PM2.5 emissions and PM2.5 precursors. 

Paragraph (A)(5) is being added to incorporate reasonable further progress 

language consistent with 40 CFR Part 51, Appendix S. 

An amendment is being made to the intro paragraph to update the citation to 

paragraph (K.KKKKK) ofOAC rule 3745-31-01. Also, various minor changes are 

being made to bring the rule into compliance with LSC formatting conventions. 

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 of these 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. 

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 of the rules. 

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

through 121.74. 

This rule also contains references to the Clean Air Act (CAA). The CAA is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to this act have also been dated to reference the specific 

version of the act. 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 rule OAC 

3745-31-01 (K.KKKKK). 

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 
Page3 Rule Number: 3745-31-22 

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 refiiing this rule, identify changes made from the previously 

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timefrarne as other rules in this rulemaking package. 

Initial Refiling: 

OEP A is revising the intra paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1/10/2014 

(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 ANAL YSfS 

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. 
Page4 Rule Number: 3745-31-22 

$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 requirements for data that must be submitted as part of a PTI 

application from major sources of air pollution in nonattainment areas. This 

includes the requirement that these types of sources have technology that can 

achieve a lowest achievable emission rate (LAER) (which would meet the 

requirements for BAT under OAC 3745-31-02). LAER is similar to BAT, in that it 

is a detennination of the best method to control emissions from a source emitting 

pollutaots. LAER is a federal requirement which the agency implements under 

major NSR in nonattainment areas. The cost ofLAER cao vary widely from $0 to 

millions of dollars for control equipment. The rule also includes the requirements 

for emission offsets. Sources locating in a nonattainment area caonot increase the 

total emissions currently generated for a given air pollutaot in that area. The new or 

modified source must find other sources of emissions within. their own facility or 

other facilities in the nonattainment area to offset the new emissions. This typically 

requires additional aoalysis work to be done as part of the application process. 

Major sources of air pollution in. nonattainment areas that require aoalysis such as 

this aod the other requirements in OAC rules 3745-31-21 through 3745-31-27 tend 

to have higher application costs, which are discussed and included with the costs 

for OAC 3745-31-02. 

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

municipal corporations? Yes 

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

with Am. Sub. S.B. 33 of the !20th 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 Fonn in order to 

comply with Am. Sub. 106 of the !21st General Assembly. 
Page 5 Rule Number: 3745-31-22 

S.B. 2 (129th General Assemblv) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 

t·.n . 

"'-.. ('Til'IN!· •' ft_ J , , " R· 

_,_ ...-, "'t"Il'~cl .•"- ·" 

Page B-1 Rule Number: 3745-31-22 

Rule Summary and Fiscal Analvsis {Part Bl 

1. Does the Proposed rule have a fiscal effect on any of the following? 

(a) School 

Districts 

Yes 

(b) Counties 

Yes 

(c) Townships 

Yes 

(d) Municipal 

Corporations 

Yes 

2. Please provide an estimate in dollars of the cost of compliance with the 

proposed rule for school districts, counties, townships, or municipal 

corporations. If you are unable to provide an estimate in dollars, please 

provide a written explanation of why it is not possible to provide such an 

estimate. 

This rule contains the requirements for data that must be submitted as part of a PTI 

application from major sources of air pollution in nonattaimnent areas. This 

includes the requirement that these types of sources have technology that can 

achieve a lowest achievable emission rate (LAER) (which would meet the 

requirements for BAT under OAC 3745-31-02). LAER is similar to BAT, in that it 

is a determination of the best method to control emissions from a source emitting 

pollutants. LAER is a federal requirement which the agency implements under 

major NSR in nonattainment areas. The cost ofLAER can vary widely from $0 to 

millions of dollars for control equipment. The rule also includes the requirements 

for emission offsets. Sourc.es locating in a nonattainment area cmmot increase the 

total emissions currently generated for a given air pollutant in that area. The new or 

modified source must find other sources of emissions within their own facility or 

other facilities in the nonattainment area to offset the new emissions. This typically 

requires additional analysis work to be done as part of the application process. 

Major sources of air pollution in nonattainment areas that require analysis such as 

this and the other requirements in OAC rules 3745-3 I -2 I through 3745-31-27 tend 

to have higher application costs, which are discussed and included with the costs 

forOAC 3745-31-02. 

3. If the proposed rule is the result of a federal requirement, does the proposed 

rule exceed the scope and intent of the federal requirement? No 

4. If the proposed rule exceeds the minimum necessary federal requirement, 

please provide an estimate of, and justification for, the excess costs that 

exceed the cost of the federal requirement. In particular, please provide an 

estimate of the excess costs that exceed the cost of the federal requirement 

for (a) school districts, (b) counties, (c) townships, and (d) municipal 

corporations. 

'.' . .'.i 
Page B-2 Rule Number: 3745-31-22 

Not Applicable. 

5. Please provide a comprehensive cost estimate for the proposed rule that 

includes the procedure and method used for calculating the cost of 

compliance. This comprehensive cost estimate should identify all of the 

major cost categories including, but not limited to, (a) personnel costs, (b) 

new equipment or other capital costs, (c) operating costs, and (d) any 

indirect central service costs. 

Please see question #2 above. 

(a) Personnel Costs 

Please see question #2 above. 

(b) New Equipment or Other Capital Costs 

Please see question #2 above. 

(c) Operating Costs 

Please see question #2 above. 

(d) Any Indirect Central Service Costs 

Please see question #2 above. 

(e) Other Costs 

Please see question #2 above. 

6. Please provide a written explanation of the agency's and the local 

government's ability to pay for the new requirements imposed by the 

proposed rule. 

The amendments proposed as part of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years and has been funded through 

existing budgets. 
Page B-3 Rule Number: 3745-31-22 

7. Please provide a statement on the proposed rule's impact on economic 

development. 

The proposed amendments will have no additional impact on economic 

development. The existing requirements of this rule will continue to impact 

economic development in that any agency/local govemment or other entity 

installing or modifying an air contaminant source in the state of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

construction of such sources. 

DATP · f\4;"0(1 12L") L1 3 · " ;, '""'""'"" v > _:1, '"' '~ ·~).» 

Rule Summary and Fiscal Analvsis (Part Al 

Ohio Environmental .Protection Agency 

Agency Name 

Division of Air Pollution Control IDA.PC) 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paul.Braunfalepa.ohio.gov 

Email 

.Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-23 AMENDMENT 

Rule Number 

Rule Title/Tag Line 

TYPE of rule filing 

Nonattainment provisions - stationary sources locatio!' in 

designated clean or unclassifiable areas which would cause or 

contribute to a violation of a national ambient air qualitv 

standard. 

RULE SUMMARY 

1.1s 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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill fue requirements of ORC 

119.o32. 

7. If the rule is an AMENDMENT, then summarize the changes and the content 
Page2 Rule Number: 3745-31-23 

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

then summarize the content of the rule: 

The existing rule contains the requirements for review of major sources of air 

pollution in areas that are unclassified or designated as clean but the source would 

violate the NAAQS. It also requires these types of sources to achieve LAER. The 

rule also states modeling will be used as part of the review of these sources. 

The table in Paragraph (A) is being amended to delete significant levels for TSP 

and to add significant levels for PM2.5 to meet federal standards. 

Paragraph (C) is being amended to include PM2.5 in the list of pollutants for which 

the air quality impact must be assessed on a case-by-case basis usiug dispersion 

modeling. 

An amendment is being made to the intro paragraph to update the citation to 

paragraph (KKKKKK) in OAC rule 3745-31-01. 

Various other minor changes are being made for clarification and tobring the rule 

in line with LSC rule fonnatting conventions. 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these 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. 

This rule also contains references to the Code ofF ederal Regulations (CPR). These 

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

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

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

through 121.74. 

This rule also contains references to the Clean Air Act (CAA). The CAA is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CAA have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references from the requirements 

ofORC 121.71 through 121.74. 
Page3 Rule Number: 3745-31-23 

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

3745-31-01 (KKKKKK). 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

Paragraph (A) was amended due to a commenter suggestion. Ohio EPA added a 

significance level for the hourly N02 standard of 10.0 ug/m3. 

Initial Reftling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(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 
Page4 Rule Number: 3745-31-23 

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 !he source for your 

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

This rule contains the requirements for review of major sources of air pollution in 

areas that are unclassified or designated as cleao but the source would violate the 

NAAQS. It also requires these types of sources to achieve LAER which was 

discussed in the fiscal analysis for OAC rule 3745-31-22. The rule also states 

modeling will be used as part of the review of these sources. This type of modeling 

analysis would be submitted as part of the PTI application of which costs were 

discussed under the fiscal aoalysis for OAC rule 3745-31-02. Major sources of air 

pollution in uonattairunent areas that require aoillysis such as this aod the other 

requirements in OAC rules 3745-31-21 through 3745-31-27 tend to have higher 

application costs. 

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

municipal corporations? Yes 

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

with Am. Sub. S.B. 33 of the !20th 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 

Y au must complete the Environmental rule Adoption/ Amendment Farm in order to 

comply with Am. Sub. 106 of the !21st General Assembly. 
Page 5 Rule Number: 3745-31-23 

S.B. 2 (129th General Assembly} Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule requjre a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 

D A '1'):;. 114/0C' 12 0 ., ;, 3 "<;; 1 ~. L"\.1. '-'" 'U " .t.":l! J "'i' ,..,, f 

·-----' 

Page B-1 Rule Number: 3745-31-23 

Rule Summarv and Fiscal Analysis (Part B) 

1. Does the Proposed rule have a fiscal effect on any of the following? 

(a) School 

Districts 

Yes 

(b) Counties 

Yes 

(c) Townships 

Yes 

(d) Municipal 

Corporations 

Yes 

2. Please provide an estimate in dollars of the cost of compliance with the 

proposed rule for school districts, counties, townships, or municipal 

corporations. If you are unable to provide an estimate in dollars, please 

provide a written explanation of why it is not possible to provide such an 

estimate. 

This rule contains the reqtrirements for review of major sources of air pollution in 

areas that are unclassified or designated as clean but the source would violate the 

NAAQS. It also requires these types of sources to achieve LAER which was 

discussed in the fiscal analysis for OAC rule 3745-31-22. The rule also states 

modeling will be used as part of the review of these sources. This type of modeling 

analysis would be submitted as part of the PTI application of which costs were 

discussed under the fiscal analysis for OAC rule 3 7 45-31-02. Major sources of air 

pollution in nonattainrnent areas that require analysis such as this and the other 

requirements in OAC rules 3745-31-21 through 3745-31-27 tend to have higher 

application costs. 

3. If the proposed rule is the result of a federal requirement, does the proposed 

rule exceed the scope and intent of the federal requirement? No 

4. If the proposed rule exceeds the minimum necessary federal requirement, 

please provide an estimate of, and justification for, the excess costs that 

exceed the cost of the federal requirement. In particular, please provide an 

estimate of the excess costs that exceed the cost of the federal requirement 

for (a) school districts, (b) counties, (c) townships, and (d) municipal 

corporations. 

Not Applicable. 

5. Please provide a comprehensive cost estimate for the proposed rule that 

includes the procedure and method used for calculating the cost of 

compliance. This comprehensive cost estimate should identify all of the 

major cost categories including, but not limited to, (a) personnel costs, (b) 

new equipment or other capital costs, (c) operating costs, and (d) any 
Page B-2 Rule Number: 3745-31-23 

indirect central service costs. 

Please see the discussion in #2 above. 

(a) Personnel Costs 

Please see the discussion in #2 above. 

(b) New Equipment or Other Capital Costs 

Please see the discussion in #2 above. 

(c) Operating Costs 

Please see the discussion in #2 above. 

(d) Any Indirect Central Service Costs 

Please see the discussion in #2 above. 

(e) Other Costs 

Please see the discussion in #2 above. 

6. Please provide a written explanation of the agency's and the local 

government's ability to pay for the new requirements imposed by the 

proposed rule. 

The amendments proposed as part of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years and has been funded through 

existing budgets. 

7. Please provide a statement on the proposed rule's impact on economic 

development. 

The proposed amendments will have no additional impact on economic 

development. The existing requirements of this rule will continue to impact 

economic development in that any agency/local government or other entity 

installing or modifying an air contaminant source in the state of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 
Page B-3 Rule Number: 3745-31-23 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

construction of such sources. 

ACTION: Refiled OA'I'P. ()4/0CVJO 14 3·"' 1 DH' .. ....... ,;'"-l.J .. ._... . "'·' ! ....... ·'-. ...,, J }, ,_\1] 

'------· 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agencv 

Agency Name 

Division of Air Pollution Control IDAPC) 

Division 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paul.Braun@epa.ohio.gov 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-24 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title!Tag Line Nonattainment provisions - baseline for determining credit for 

emission and air quality offsets. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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, 
Page 2 Rule Number. 3745-31-24 

then summarize the content of the rule: 

The existing rule identifies procedures for determining the baseline for offsetting 

emissions and other general requirements for generating emission offsets for a 

major source of air pollution in a nonattainment area. 

Paragraph (B) is being reorganized and amended to provide clarity and maintain 

consistency with the latest amendments of 40 CFR Part 51, Appendix S. 

Paragraph (F) is being reorganized and amended to provide clarity and maintain 

consistency with 40 CFR Part 51, Appendix S. 

Paragraph (G) is being added to maintain consistency with 40 CFR Part 51.165. 

An amendment is being made to the intro paragraph to update the citation to 

paragraph (KKKKKK) ofOAC rule 3745-31-01. 

Other minor changes are being made throughout the rule to fix formatting issues 

and bring the rule in line with LSC rule formatting conventions. 

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 of these 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. 

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 of the rules. 

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

through 121.74. 

This rule also contains references to the Clean Air Act (CAA). These acts are 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to these acts have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references from the requirements 

ofORC 121.71 through 121.74. 

The rule also contains references to USEPA documents and/or other materials 

utilized by regulators and impacted parties to determine or achieve compliance with 
Page3 Rule Number: 3745-31-24 

these rules. These organizations and materials are commonly known and utilized by 

sources subject to environmental regulations. Copies of these documents are 

available in libraries and the websites for AIRS, Control Technology Center, and 

SICM. References to these organization's documents have also been dated to 

reference the specific version of the document. 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 rule OAC 

3745-31-01 (KKKKKK). 

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: 

Nat Applicable. 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

A minor clarifying change was made to paragraph (B)(l)(a) to clarify when a 

pounds per hour basis may be used to calculate credit for emission offsets. 

Paragraph (F)(2) was revised by adding the phrase "that do not meet the 

requirements of paragraph (F)( 1 )" and deleting the phrase "in the absence of an 

approved attainment demonstration" to be consistent with the federal rule. 

Initial Refiling: 

OEP A is revising the intra paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1110/2014 

(If the rule is not exempt and you answered NO to question No. 1, provide the 
Page4 Rule Number: 3745-31-24 

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 dales 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: 

There is no cost of compliance. This rule identifies procedures for determining tbe 

baseline for offsetting emissions and otber general requirements for generating 

emission offsets for a major source of air pollution in a nonattairunent area. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 12lst General Assembly. 
Page 5 Rule Number: 3745-31-24 

S.B. 2 (129th General AssembiV) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C, 121.82?Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
I 

I 

I 

I 

I 

I 

I 
Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agencv 

Agency Name 

Division of Air Pollution Control CDAPC) 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

J!aui.Braun@epa.ohio.goy 

Email 

3745-31-25 NEW 

J!aul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Nonattainment provisions - location of offsetting emissions. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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: 
Page 2 Rule Number: 3745-31-25 

The rule identifies requirements for where emission offsets may be obtained for a 

major source of air pollution in a nonattainment area. 

This rule is being proposed as new due to the LSC policy of rescinding a rule and 

replacing it as new if over 50% of the text changes. The changes to this rule are as 

follows: 

Paragraph(B) is being amended to maintain consistency with 40 CFRPart 51, 

Appendix S. 

PM2.5 emissions are being incorporated in this rule as prescribed by U.S. EPA's 

PM2.5 NSR implementation fmal rule. 

An amendment is being made to the intra paragraph to update the citation to 

paragraph (KKKKKK) ofOAC rule 3745-31-01. 

Various other minor changes were made to the rule to update formatting to meet 

LSC rule formatting conventions. Ali together, the changes described above 

exceeded 50% of the rule language and, therefore, Ohio EPA decided to rescind the 

existing rule and propose the language as a new 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 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 of the 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 rule OAC 

3745-31-01 (KKKKKK). 

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 
Page3 Rule Number: 3745-31-25 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiiing: 

OEP A is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 ofthe 

administrative Code. 

12. 119.032 Rule Review Date: 

(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: lfthe rule is not exempt at the time affinal 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: 
Page4 Rule Number: 3745-31-25 

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: 

There is no cost of compliance. This rule identifies requirements for where 

emission offsets may be obtained for a major source of air pollution in a 

nonattainment area. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 

S.B. 2 (129th Generaf AssembT!d Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
l ! De AT!=·'· P<4·/.1)912(} iLL 1 ·<::j· Pl\ 1 

1 r ..... """"' ~" ' .. , . _,. " .,..., . ...) . ,,_ :V.~ 

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) 

Paui.Braun@epa.ohio.gov 

Email 

3745-31-26 NEW 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Nonattainmeut provisions -offset ratio reqpirements. 

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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is being proposed after a review to fulfill the requirements of 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: 
Page 2 Rule Number: 3745-31-26 

The existing rule identifies the ratio of emission offsets that must be obtained 

depending on the category of nonattainment (marginal to extreme) for a major 

source of air pollution in a nonattainment area. 

This rule is being proposed as new due to the LSC policy of rescinding a rule and 

replacing it as new if over 50% of the text changes. The following changes have 

been made to the rule: 

Paragraph (A) is being reorganized to provide clarity and amended to incorporate 

PM2.5 and PM2.5 interprecursor emission offset trading. 

Paragraph (B) is being relocated from paragraph (C)(7). 

Paragraph (C) is being relocated from paragraph (A) and revised to maintain 

consistency with 40 CFR Part 51, Appendix S. 

Paragraph (D) is a new paragraph that incorporates the PM2.5 nonattainment area 

interprecursor offset ratios for S02 and NOx. 

Paragraph (E) is being relocated from paragraph (B) and revised for simplicity and 

clarity. 

An amendment is being made to the intro paragraph to update the citation to 

paragraph (KKKKKK) io OAC rule 3745-31-0l. Additionally, many minor 

changes are being made to update formattiog to bring the rule in line with LSC rule 

formatting conventions. 

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 Clean Air Act (CAA). The CAA is generally 

available through libraries, Ohio EPA and Government Printing Office's websites. 

References to the CAA have also been dated to reference the specific version of the 

act. ORC 121.75 (D) exempts such references from the requirements of ORC 

121.71 through 121.74. 

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

3745-31-01 (KKKKKK). 

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 
Page3 Rule Number: 3745-31-26 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKK.KK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 

(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. 
Page4 Rule Number: 3745-31-26 

$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: 

There is no cost of compliance. This rule identifies the ratio of emission offsets that 

must be obtained depending on the category ofnonattainment (marginal to 

extreme) for a major source of air pollution in a nonattainment area. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 12lst General Assembly. 

S.B. 2 (129th General AssembiJt.) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 
Page 5 Rule Number: 3745-31-26 

condition of compliance? No 

A ~,~-- "'"'l'J"r- ;_ !. \.. .. :, • 1 ·R· r.:rJL_ea. ·.-,.h ·1·'' · 04/09/20J,:tJ:5J Pl\1 ) 

Rule Summary and Fiscal Analysis (Part Al 

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) 

Paui.Braun@gpa.ohio.gov 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-27 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Titlerfag Line Nonattainment provisions - administrative procedures for 

emission offsets. 

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(F) 

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

or implements: 3704.03(A), 3704.G3(F) 

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

The rule is being proposed after a review to fnlfill the requirements of ORC 

I 19.032. 

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, 
Page2 Rule Number: 3745-31-27 

then summarize the content of the rule: 

The rule states a major facility/source must have emission offsets when locating in 

a nonattainment area. It also identifies the time period for which offsets must be in 

place and the federal enforceability of the offsets. 

Paragraph (A)(l)(b) of this rule is being amended by adding a paragraph break to 

maintain consistency with rule formatting. Also, the term "legally and practicably 

enforceable by the state" was added to be consistent with the defmition of 

"potential to emit." 

An amendment is being made in the intro paragraph to update the citation to 

paragraph (KKKKKK) ofOAC rule 3745-31~01. 

Various minor amendments are being made to npdate the rule formatting to match 

LSC rule formatting conventions. 

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 Clean Air Act (CAA). The CAA is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CAA have also been dated to reference the specific 

version of the act. 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 rule OAC 

3745-31-01 (KKKKKK). 

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 

1 0. 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: 
Page3 Rule Number: 3745-31-27 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refili:ng: 

This rule was refiled without changes to keep it on the same jurisdictional 

timefrarne as other rules in this rulemaking package. 

Initial Refiling: 

OEP A is revising the intra paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

12. 119.032 Rule Review Date: 1/10/2014 

(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 
Page4 Rule Number: 3745-31-27 

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: 

There is no cost of compliance. This rule states the administrative procedures for 

where a major facility/source may obtain emission offsets when locating in a 

nonattainment area. It also identifies the time period for which offsets must be in 

place and the federal enforceability of the offsets. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 

S.B. 2 (129th General Assembly) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
DATE: 04-/09/2014 3:5! PM I 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPCl 

D'1vision 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paul.Braun@epa.obio.goy 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-31-29 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line General permit-to-install and general PTIO. 

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: ll9.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03{F), 3704.03(G) 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

The rule is being proposed after a review to fulfill the requirements of 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, 
Page2 Rule Number: 3745-31-29 

then summarize the content of the rule: 

The rule states the requirements for sources of air pollution which 'elect' to request 

a general permit-to-install in lieu of a regular PTI and the agency's procedures for 

creating model general permits. 

An amendment is being made to the intra paragraph to update the citation to 

paragraph (KKKKKK) ofOAC rule 3745-31-01. Also, minor amendments are 

being made to update the rule to match LSC rule formatting conventions. 

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 of these 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. 

This rule also contains references to the Clean Air Act (CAA). The CAA is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CAA have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references fmm the requirements 

ofORC 121.71 through 121.74. 

Referenced materials are cited, dated and availability noted in OAC 3745-31-01 

(KKKKKK). 

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: 3745-31-29 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEP A is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

Question #19 on the RSFA was answered incorrectly and has been modified 

accordingly. The question now reflects that there is a reporting requirement in the 

rule. 

12. 119.032 Rule Review Date: 1/10/2014 

(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 ANALYSTS 

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: 
Page4 Rule Number: 3745-31-29 

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: 

There is no cost of compliance. This rule states the requirements for sources of air 

pollution which 'elect' to request a general permit-to-install in lieu of a regular PTI. 

This is an option for the facility and generally results in a savings over the 

traditional PTL 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 12lst General Assembly. 

S.B. 2 (129th General Assembly/ Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

A general permiHo-install and operate (PTIO) is one of the many options facilities 

have for obtaining a pennit. If a facility qualifies for a general PTIO, the facility is 

required to complete the same application as they would for a regular PTIO, 

however, because the general PTIO is already completed for them, the application 
Page 5 Rule Number: 3745-31-29 

process is much more simplistic and streamlined. 

Rule Summarv and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Controi!DAPQ 

Division 

Paul J. Braun 

Contact 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paui.Brann@epa.ohio.goy 

Email 

3745-31-32 

Rule Number 

AMENDMENT 

TYPE of rule filing 

614-644-2270 

Phone 

Rule Title/Tag Line Plantwide applicability limjt (pALl. 

RULE SUMMARY 

614-644-3681 

Fax 

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 re,cent 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(F) 

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

or implements: 3704.03(A), 3704.03(F) 

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

The rule is heing proposed after a review to fulfill the requirements of 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: 
Page2 Rule Number: 3745-31-32 

The rule states the requirements for facilities which 'elect' to have their air pollutant 

emissions be covered under an optional permit with a plantwide limit. 

An amendment is being made to the intra paragraph to update the citation to 

paragraph (KKKKKK) ofOAC rule 3745-31-0l. 

Additionally, the rule formatting has been changed without affecting the rule 

content. Paragraph (A) was changed to a leading paragraph as there was no 

paragraph (B) to go with it. All other paragraphs were promoted to the next level 

upwards. This change was made to keep the rule in line with LSC rule fmmatting 

conventions. 

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 of these 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. 

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 of the 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 rule OAC 

3745-31-01 (K.KK.K.KK). 

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: 
Page 3 Rule Number: 3745-31-32 

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. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

timeframe as other rules in this rnlemaking package. 

Initial Refiling: 

OEPA is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

administrative Code. 

Question #19 on the RSFA was answered incorrectly and has been modified 

accordingly. The question now reflects that there is a reporting requirement in the 

rule. 

12. 119.032 Rule Review Date: 1110/2014 

(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 
Page4 Rule Number: 3745-31-32 

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, intemal/agency: 

There is no cost of compliance. This rule states the requirements for facilities which 

'elect' to have their air pollutant emissions be covered under an optional pennit with 

a plantwide limit 

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/ AmendmentForm in order to 

comply with Am. Sub. 106 of the !21st General Assembly. 

S.B. 2 (129th General Assembly) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C.121.82?Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

A plant wide applicability limit (PAL) is a permit wherein a facility with multiple 

emission units accepts a single limit for emissions across the entire facility. This is 
Page 5 Rule Number: 3745-31-32 

one option for obtaining a permit, assuming that the facility qualifies for the PAL. 

All sources of air pollution in Ohio are required to apply for, and obtain and air 

pollution control permit. The information required in this rule assist Ohio EPA in 

determining if the facility qualifies for the PAL and, assuming the facility qualifies, 

helps Ohio EPA structure and complete the permit. 

Article Ill 

Attachment C 

JCARR Agenda 

DA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

Agenda- 3/17/2014- 1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Consent 

FINAL AGENDA 

ensation .. 

 Filing Date: 1/23/2014 

CSI FYR Rule Number 

 Yes No 4123-6-21.1  Yes No 4123-6-21.5 

tille Services • Division of !:Iuman Resources 

 Filing Date: 1/17/2014 

.Q.§j EXB Bule Number 

 No Yes 123:1-3-01 

 Filing Date: 1/14/2014 

CSI FYB Rule Number 

 Yes Yes 173-9-01 

Yes No 173-9-01 

Yes Yes 173-9-02 

Yes No 173-9-02 Yes Yes 173-9-03 

Yes No 173-9-03 

Yes No 173-9-03.1 Yes Yes 173-9-04 

Yes No 173-9-04 

Yes No 173-9-04.1 Yes Yes 173-9-05 

Jurisdiction Ends: 3/29/2014 Public Hearing: 3/4/2014 

Rule Title 

Payment for outpatient medication by self-insuring employer. 

Standard dose tapering schedules. 

Bule Title 

Position audits. 

Rule Title 

Jurisdiction Ends: 3/23/2014 

Jurisdiction Ends: 3/20/2014 

Introduction and definitions. 

Introduction and definitions. 

Applicability. 

Applicability. 

Free database reviews. 

Public Hearing: 2/19/2014 

Public Hearing: 3/19/2014 

Reviewing databases {for all responsible parties except the self-employed). 

Reviewing databases {for the self-employed). 

General requirements. 

When to check criminal records, inform applicants, charge fees, and use forms (for 

all responsible parties except the self-employed). 

When to check criminal records, pay fees, and use forms (for the self-employed). 

Conditional employment. 

Click on: the ru!a number In blue above to vtew the rule in !ts entirely on the Register of Ohio website, 

RR 77 South High Street • Concourse Level• Columbus, Ohio 43215 •(614) 466-4086 • www.jcarrstateoh.us • Page 1• 311712014 
DA 

g 

g 

Yes No 

Yes Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

173-9-05 173-9-06 

Conditional hiring. 

Disqualifying offenses. 

FINAL AGENDA 

g Yes Yes 

Yes Yes 

Yes No 

173-9-07 

173-9-08 173-9-08 

Disqualifying offense exclusionary periods; limited grandfathering; certificates; 

pardons. 

g Records. 

g Records: confidentiality and retention. 

g Yes Yes 173-9-09 Immunity from negligent hiring. 

g Yes No 173-g.og Immunity from negligent hiring. g Yes Yes 173-9-10 Disciplinary actions. 

e • Board of Building Standards: Ohio Building Code 

al Filing Date: 1128/2014 

1&1 FYR 

g Yes No 

g Yes No 

g Yes No 

g Yes No 

g Yes No 

Rule Title 

Definitions. 

Jurisdiction Ends: 4/3/2014 

Rule Number 

4101:1-2-01 

4101:1-3-01 

4101:1-10-01 

Use and occupancy classification. 

Means of egress. 

4101:1-11-01 Accessibility. 4101:1-13-01 Energy efficiency. 

g Yes No 4101:1-17-01 Structural tests and special inspections. 

al Filing Date: 1/28/2014 Date of Revised Filing: 2/14/2014 Jurisdiction Ends: 4/3/2014 

CSI FYR Rule Nymber Rule Title 

g Yes No 4101:1-1-01 Administration. 

e • Board of Building Standards: Ohio Plumbjng Code 

al Filing Date: 1/28/2014 

CSI ITB 

g Yes No 

g Yes No 

g Yes No 

g Yes No 

g Yes No 

Rule Number 

4101:3-2-01 4101:3-3-01 4101:3-4-01 

4101:3-6-01 4101:3-10-01 

Rule Title 

Definitions. 

Jurisdiction Ends: 4/3/2014 

General regulations. 

Fixtures, faucets and fixture fittings. 

Water supply and distribution. 

Traps, interceptors and separators. 

g Yes No 4101:3-13-01 Referenced standards. 

e ·Board of Building Standards: Residential Code of Ohi_o 

Click on the rule number in blue above to view the rule in its entirety on the Register af Ohio website, 

Public Hearing: 2/28/2014 

Public Hearing: 2/28/2014 

Public Hearing: 2/28/2014 

ARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.tJS • Page 2 • 311712014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014- 1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

 Filing Date: 112812014 

CSI FYR 

 Yes No 

 

 

 

 

Yes No 

Yes No Yes No Yes No 

Rule Number 

4101:8-2-01 

4101:8-3-01 

4'101:8+01 

4'101 :8-6-01 

4101:8-11-01 

Rule Title 

Definitions. 

Building planning. 

Foundations. 

Wall construction. 

Energy efficiency. 

 Yes No 4101:8-15-01 Exhaust systems. 

Jurisdiction Ends: 41312014 

 Yes No 4101:8-20-01 Boilers and water heaters. 

 Yes No 4101:8-44-01 Referenced standards. 

 Filing Date: 112812014 Date of Revised Filing: 211412014 Jurisdiction Ends: 4/312014 

Q;il FYR Rule Number Rule Title 

 Yes No 410·1:8-1-01 Administration. 

• Board of Building Standards: Certification Rules 

Filing Date: 1128/2014 Jurisdiction Ends: 4/3/2014 

CSI FYR Rule Number Rule Title 

Yes Yes 4101 :7-3-01 Building department personnel certification. 

Filing Date: 1/28/2014 

CSI DR 

 Yes No 

Date of Revised Filing: 2/14/2014 Jurisdiction Ends: 413/2014 

Rule Title 

General. 

FINAL AGENDA 

Public Hearing: 2/2812014 

Public Hearing: 2/2812014 

Public Hearing: 2/28/2014 

Public Hearing: 2/28/2014 

 Yes 

 Yes 

No No 

Rule Number 

4101 :7+01 

4101:7-3-01 4101:7-6-01 

Residential and non-residential building department personnel certification. 

Criteria for board recognition of accreditation bodies, conformity assessment 

bodies, and industry trade association certification programs. 

Filing Date: 1/31/2014 

CSI DR 

 Yes Yes 

Filing Date: 1/8/2014 

Q;il FYR 

Yes Yes 

Date of Revised Filing: 2/5/2014 Jurisdiction Ends: 416/2014 

Bule Number Bula Title 

3701-43-01 Definitions. 

Date of Refiled Filing: 2/21/2014 Jurisdiction Ends: 3/23/2014 

Rule Number Rule Title 

3901-1-14 Credit life and credit accident health insurance. 

Click on the rule number in blue above to view the rule-In Its enUrety on the Register of Ohio website. 

Public Hearing: 3/12/2014 

Public Hearing: 2/10/2014 

RR 77 South High Street • ConcDUiSG-feveJ • COJUinbUS,--Ohio 43215 • (614) • wwv".jcarr.state.ohus • Page 3 • 3117/2014 
DA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014- 1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

amilv Services • Child Support 

al Filing Date: 1/29/2014 

CSI FYR Rule Number 

g No Yes 5101:12-1-51 

g No No 5101:12-1-80 

amily Services • Division of Public Assistance 

al Filing Date: 1/31/2014 

£&[ FYR 

g No Yes 

Rule Number 

5101:1-2-70 

amily Services • Division of Public Assistance 

al Filing Date: 1/29/2014 

£&[ FYR Rule Number 

g No Yes 5101:1-2-30."1 

g No No 5101:1-2-30.1 

Jurisdiction Ends: 4/4/2014 

Rule Title 

Mandatory CSEA fiscal reports. 

IV-D contracts: overview. 

Jurisdiction Ends: 4/6/2014 

Rule Title 

Issuance of cash assistance benefits. 

Jurisdiction Ends: 4/4/2014 

Bule Tille 

Benefit eligibility: victims of trafficking. 

Benefit eligibility: victims of trafficking. 

FINAL AGENDA 

Public Hearing: 3/4/2014 

Public Hearing: 3/4/2014 

Public Hearing: 3/4/2014 

g No 

g No 

Yes 

No 

5101:1-2-30.3 5101:1-2-30.3 

Benefit eligibility: family members of victims of trafficking. 

Benefit eligibility: family members of victims of trafficking. 

amihi.hrvlces • Divlsicm.of l'ublic.Assistance 

l Filing Date: 1/31/2014 Jurisdiction Ends: 4/6/2014 

£&[ EiR Rule Number Rule Title 

g No Yes 5101 :·J-23-70 Ohio works first (OWF): erroneous payments. 

amily Services • Division of Public Assistance 

l Filing Date: 1/31/2014 

£&[ FYB 

Jurisdiction Ends: 4/6/2014 

Rule Title 

Public Hearing: 3/4/2014 

Public Hearing: 

g g 

No Yes 

No No 

Bule Number 

5101:1-5-70 5101:1-5-70 

Disability financial assistance (DFA): interim assistance. 

Disability financial assistance (OF A): interim assistance. 

amily S!!rvlces • Division of Social Services 

l Filing Date: 1/21/2014 Jurisdiction Ends: 3/27/2014 Public Hearing: 2/25/2014 

CSI FYB Rul§ Nymber Bule Title 

 Yes Yes 5101:2-42-05 Selection of a placement setting. 

 Yes Yes 5101:2-42..08 Acceptance of temporary custody by agreement and court-approved extensions. 

CHck an the rule number In blue above to view the rule In its entirety on the Register of Ohio 

ARR 77 South High Street 5 Concourse Level· Columbus, Of1io 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 4 • 311712014 
DA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

g Yes 

g Yes 

g Yes 

g No 

Yes Yes 

Yes Yes 

5101:2-42-09 

5101:2-42-18.1 

5101:2-42-19 

5101:2-42"19.2 

Acceptance of permanent custody by permanent surrender. 

requirements for foster care placements. 

Requirements for the provision of independent living services to youth in custody. 

Requirements for provision of independent living services to young adults who 

have emancipated. 

amily Services • Division of Social Services 

al Filing Date: 1/23/2014 Jurisdiction Ends: 3/29/2014 Public Hearing: 2/25/2014 

CSI FYR Rule Number Rule Iitle 

g No Yes 

al Filing Date: 1/23/2014 

Qlli EYR 

g No Yes 

5101:2-44-13 Public children services agency (PCSA) administration of the post adoption special services subsidy (PASSS) program. 

Date of Revised Filing: 2/20/2014 Jurisdiction Ends: 3/29/2014 Public Hearing: 2/25/2014 

Rule Number 

5101:2-44-13.1 

Rule Title 

Eligibility and application process for the post adoption special services subsidy 

(PASSS) program. 

amily Services • Division of Social Services 

l Filing Date: 1/23/2014 

Qlli FYR 

g No Yes g No Yes 

g No Yes 

 No Yes 

l Filing Date: 1/23/2014 

CSI FYR 

g No Yes 

g No Yes 

Bule Number 

5101:2-47-01 5101:2-47-16 

5101:2-47-17 

Jurisdiction Ends: 3/29/2014 Public Hearing: 2/25/2014 

Bule Title 

Administration of the Title IV-E foster care maintenance program (FCM). 

Foster care maintenance program reimbursability: Reimbursable placement 

settings. 

Foster care maintenance program reimbursability: Reimbursements for FCM and 

child care for public foster homes, relative homes, and pre-finalized adoptive 

homes. 

Foster care maintenance program reimbursability: Reimbursements related to the 

5101 :2-4 7-18 difficulty of care needs of a child placed in a foster home, relative home, or 

pre-finalized adoptive home. 

Date of Revised Filing: 2/11/2014 Jurisdiction Ends: 3/29/2014 Public Hearing: 2/25/2014 

Rule Number Rule Tjtle 

5101:2-33-29 5101:2-47-19 

Verification of United States citizenship and immigration status for all children in 

foster care. 

Foster care maintenance program reimbursability: payments, reimbursements. 

graduation expenses and personal incidentals. 

mily Services • ODJFS Practices 

Click on !he rule number in blue above to view the rule ln its entirety on the Register af Ohio website. 

ARR 77 South Hlg/1 Street • Concourse Level• Columbus. Ohio 43215 • (614) 466·4086 • www.jcerr.state.oh.us • Page 5 • 3117!2014 
NDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014- 1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

nal Filing Date: 1/29/2014 Jurisdiction Ends: 4/4/2014 

CSI E.YR Rule Title 

FINAL AGENDA 

Public Hearing: 

ng No Yes 5101:9-6-3'1 County share of public assistance expenditures and the mandated share budget. 

ealth and Addiction Services • 

nal Filing Date: 1/1312014 

>&! E.YR 

ng Yes No 

ng Yes No 

ng Yes No 

ng Yes No 

ng Yes No 

ng Yes No 

al Filing Date: 1/1312014 

>&! E.YR 

ng Yes Yes 

ng Yes No ng Yes No 

ng Yes No 

f!i!tv • 

al Filing Date: 1/15/2014 

est FYR 

ng No No 

ng No No 

• 

al Filing Date: 1/31/2014 

>&! FYR 

g Yes No 

g Yes No 

g Yes No g Yes No 

g Yes No 

Date of Revised Filing: 1/14/2014 Jurisdiction Ends: 3/19/2014 

Rule Number 

5'122-33-03 

5122-33-04 

5122-33-05 

5122-33-12 

Rule Title 

License application and renewal procedures. 

Application review process. 

Issuance, renewal, and denial of licenses. 

Facility management responsibilities. 

5122-35-03 Operator standards. 5122-35-04 Caregiver standards. 

Date of Revised Filing: 2/412014 Jurisdiction Ends: 3/19/2014 

Byle Numbgr 

5122-30-04 5122-30-31 5122-33-28 

5122-35-11 

Byle Title Licensure application and procedures. Background investigations for employment. 

Background investigations for employment. Background investigations for employment. 

Date of Revised Filing: 1/17/2014 Jurisdiction Ends: 3/21/2014 

Rule Title Definitions. 

Public Hearing: 2/19/2014 

Public Hearing: 2/19/2014 

Public Hearing: 2/18/2014 

Rule Number 

4501-7-01 4501-7-04 Application for and renewal of class "0" and online school licenses. 

Btde Number 

4501-21-01 4501-21-02 4501-21-04 

4501-21-05 

4501-21-06 

Rule Title 

Definitions. 

Scope. 

Jurisdiction Ends: 4/6/2014 

Character and fitness. 

Public Hearing: 3/5/2014 

Application for and renewal of remedial driving course approvaL 

Course curriculum. 

Click on the rule number in blue above to view the rule in Its entirety on the Register of Ohio website, 

CARR 77 South High Street • Concourse Level• Columbus; Ohfo 43215 • (614) 466·4086 wwwjcarr.state.ohus ··Page 6-· 311712014 
A 

 Yes No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

4501-21-08 Advertising and soliciting business. 

FINAL AGENDA 

 Yes 

 Yes 

No 

No 

4501-21-12 4501-21-13 

Records, certificates of completion, & course evaluations. 

Classrooms. 

 Yes No 4501-21-15 Ranges, vehicles, and insurance for advanced juvenile driver improvement programs. 

on and COrrection • Division of Parole and Communitv Services 

 Filing Date: 1/29/2014 

CSI EYB 

No Yes 

 No Yes 

No Yes 

No Yes 

No Yes 

No Yes 

No No 

No Yes 

No Yes 

No Yes 

No Yes No Yes 

Filing Date: 1129/2014 

CSI EYB 

No Yes 

 No No 

Filing Date: 1/29/2014 

CSI FYR 

No Yes 

No Yes 

Filing Date: 1/29/2014 

CSI FYR 

No Yes No Yes 

Rule Number 

5120:1-8-02 5120:1-8-03 5120:1-8-06 

5120:1-8-09 5120:1-8-11 

5120:1-8-12 5120:1-8-12 5120:1-8-14 5120:1-8-15 

5120:1-8-16 5120:1-8-17 

5120:1-8-18 

Bule Title 

Classification. 

Security. 

Communication. 

Medical. 

Jurisdiction Ends: 4/4/2014 

Recreation and programming. Prisoner discipline. 

Inmate Disciplinary Process. 

Disciplinary hearing. 

Administrative segregation. 

Grievance. 

Staffing. Staff training. 

Date of Revised Filing: 1/30/2014 Jurisdiction Ends: 4/4/2014 

Rule Number Rule Ii!le 

5120:1-8-01 

5120:1-8-09 

Reception and release. 

Medical/Mental Health. 

Date of Revised Filing: 2/3/2014 Jurisdiction Ends: 4/4/2014 

Bule Number Rule Title 

5·120:1-8-04 Housing. 

5120:1-8-05 Sanitation and environmental conditions. 

Date of Revised Filing: 3/4/2014 Jurisdiction Ends: 4/4/2014 

Rule Number 

5120:1-7-02 

5120:1-8-07 

Rule Title 

Glossary of terms. 

Visitation. 

Click on the rule number In blue above to view the rule in its entirety on the Register of Ohio website. 

Public Hearing: 3/7/2014 

Public Hearing: 3/7/2014 

Public Hearing: 3/7/2014 

Public Hearing: 3/7/2014 

RR 77 South High Street• Concourse Level• COhiinb£IS,--bhlo 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 7 • 311712014 
DA 

g No 

Yes 

JOINT COMMITTEE ON AGENCY RULE REVlEW 

3/17/2014-1:30 .l'.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

5120:1-8-10 Food service. 

FINAL AGENDA 

al Filing Date: 1/24/2014 Jurisdiction Ends: 3/30/2014 Public Hearing: 

.Qlli Er'B Rule N yrnber Rule Title 

g No Yes 3379-1-01 Principal office. 

g No Yes 3379-3-01 Annual meeting. 

g No Yes 3379-3-02 Special meetings. 

g No Yes 3379-3-03 Place of meeting. 

g No Yes 3379-3-04 Notice. 

g No Yes 3379-3-05 Quorum. 

g No Yes 3379-3-06 Voting rights. 

g No Yes 3379-3-07 Organization. g No Yes 3379-3-08 Notice to the public. 

g No Yes 3379-5-02 Executive committee. 

g No Yes 3379-5-03 Procedure. 

g No Yes 3379-7-01 Number. 

g No Yes 3379-7-02 Election and term of office. 

g No Yes 3379-7-03 Vacancy. 

 No Yes 3379-7-04 powers and duties. 

 No Yes 3379-7-05 Secretary. 

 No Yes 3379-7-06 Consultants to the council. 

g No Yes 3379-7-07 Advisory panels. 

 No Yes 3379-7-08 Compensation. 

 No Yes 3379-9-01 State of arts reports. 

 No Yes 3379-9-02 Conflict of interest reports_ 

 No Yes 3379-13-01 Amendments. 

 No Yes 3379-15-02 Procedures for accessing confidential personal information. 

 No Yes 3379-15-03 Valid reasons for accessing confidential person information. 

 No No 3379-17-01 Gifts and Donations. 

al!! • 

 Filing Date: 111012014 Date of Ref/led Filing: 2/18/2014 Jurisdiction Ends: 3/2012014 Public Hearing: 211012014 

Click on the rule number !n blue above to view the ru!a- In its entirety on the Regis tar Of Ohio websUe-. 

ARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.stata.oh.us • Page 8 • 311712014 
DA 

CSI FYR 

 No No 

s with Disabilities • 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014- 1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Rule Number 

5160-2-21 

Rule Title 

Policies lor outpatient hospital services. 

al Filing Date: 1/1412014 Date of Revised Filing: 217/2014 Jurisdiction Ends: 3120/2014 

CSI FYR Rule Number Rule Title 

g 3304-1-'12 Community rehabilitation program standards. 

FINAL AGENDA 

Public Hearing: 2/2012014 

g 

Yes Yes Yes Yes 3304-2-52 Least cost, use of comparable benefits, consumer contribution, and fees for services. 

Storage Tank Release Compensation Board • 

l Filing Date: 1/14/2014 

CSI FYR Rul" Number 

g Yes No 3737-1-04 

on of Q!JIQ • Mllli!r CiUd!!!:§ 

l Filing Date: 1/24/2014 

CSI FYR flyle Nymbe[ 

g No Yes 4901:2-11-08 

g No Yes 4901:2-11-09 

QU of Ohio • Utilities 

l Filing Date: 112912014 

CSI EYB Bule N!lmber 

 Yes Yes 4901:H4-01 

 Yes Yes 4901:1-14-02 

 Yes Yes 4901:H4-03 

 Yes Yes 4901:1-14-04 

 Yes Yes 4901:1-14-07 

mgn! lill§l!!m • 

 Filing Date: 111512014 

!&! EXB Bule Number 

 No Yes 3309-1-04 

 No Yes 3309-1-09 

Jurisdiction Ends: 3/20/2014 Public Hearing: 2/1912014 

Rule r;tle 

Annual petroleum underground storage tank financial assurance fee. certification of 

compliance, and financial responsibility. 

Jurisdiction Ends: 3/30/2014 

Bule Title 

Indicating changes. 

Requests lor special permission. 

Rule Title 

Definitions. 

Jurisdiction Ends: 41412014 

Purpose and scope. 

Applicability. 

Reports. 

Audits. 

Jurisdiction Ends: 3121/2014 

Rul" Title 

Election of retirement board members. 

Federal taxation. 

Public Hearing: 

Public Hearing: 

Public Hearing: 

Click on the rule number in blue above to view !he rule in its entirety on the Register of Ohio website. 

ARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 46(}..4086 www.jcarr.stat&.ohus • Page 9 • 311712014 
DA 

ng No Yes 

JOINT COMMI'ITEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

3309-1-20 Validity of marriage. 

FINAL AGENDA 

c)l Medical, Eir!!, ang T[i!n§gortalion Service.§ • 

al Filing Date: 1/1612014 Jurisdiction Ends: 3/2212014 Public Hearing: 2/18/2014 

.Qill .E.'tB Rule Nymber Bule Titlfl 

ng Yes Yes 4765-11-01 Definitions. 

ng Yes No 4765-11-01 Definitions. 

ng Yes Yes 4765-11-02 Classification of fire service training programs. 

ng Yes No 4765-11-02 Classification of firefighter, fire safety inspector and instructor training courses. 

ng Yes Yes 4765-11-03 Chartering of training programs. 

ng Yes No 4765-11-03 Qualifications for a fire charter. 

ng Yes Yes 4765-11-04 Application for charter. 

ng Yes No 4765-11-04 Application for a fire charter. 

g Yes Yes 4765-11-05 Renewal of charter. 

g Yes No 4765-11-05 Renewal of a fire charter. 

g Yes Yes 4 765-11-06 Notification to executive director. 

g Yes Yes 4765-11-07 Reinstatement of an expired charter. 

g Yes No 4765-11-07 Reinstatement of an expired fire charter or classification. 

g Yes Yes 4765-11-08 Reinstatement of a revoked charter or classification. 

g Yes No 4765-11-08 Reinstatement of a revoked fire charter or classification. 

g Yes Yes 4765-'11-09 Volunteer firefighter curriculum. 

g Yes No 4765-11-09 Volunteer firefighter course. 

g Yes Yes 4765-11-10 Firefighter I transition course curriculum. 

g Yes No 4765-11-10 Firefighter I transition course. 

Medics!, Eire, end T[ansuortation Se[l!'!Cftll • 

al Filing Date: 111612014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

CSI FYR Rule BUill Titlg 

g Yes Yes 4765-11-11 Firefighter I cuniculum. 

g Yes No 4765-11-11 Firefighter I course. g Yes Yes 4765-11-12 Firefighter II transition course curriculum. 

g Yes No 4765-11-12 Firefighter II transition course. 

g Yes Yes 4765-11-13 Firefighter II curriculum. 

Click on the rule number in b!ue above to view the rule in its entirety on the RfJgister of Ohio website. 

ARR 77 South Hiijfi Street • Concourse Level • Columbui,-Ohio 43215 • {614) • WI-VW.jcatr.state.oh.us • Page 10 • 3/1712014 
A 

Yes No 

Yes Yes 

Yes No 

Yes Yes 

Yes No 

Yes Yes 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014 - 1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

4 765-1 '1-13 Firefighter I and II course. 

4765-11-14 Fire safety inspector curriculum. 

4765-11-14 Fire safety inspector course. 

4765-11-15 Fire service instructor curriculum. 

4765-11-15 Fire instructor and assistant fire instructor course. 4765-11-16 Fire safety inspector instructor cUrriculum. 

4765-11-16 Fire safety inspector instructor course. 

4765-11-17 Fire charter offsite locations. 

4765-11-18 Online education and distance learning for fire safety inspector and instructor training courses offered through a chartered program. 

4765-11-19 Written examination administration requirements. 

4765-11-20 Practical examination administration requirements. 

M!idical, fj[g, and Irll!JSI:lor!ation Serv!C!i§ • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

1&1 EYE Bule Nymber BY!§ Title 

Yes Yes 4765-22-01 Professional standards of conduct for fire service training certificate holders. 

Yes No 4765-22-01 Professional standards of conduct for firefighter and fire safety inspector certificate holders. 

Yes Yes 4765-22-02 Professional standards of conduct for certified instructor. 

Yes No Professional standards of conduct for instructors. 

Yes Yes 4765-23-01 Investigation process_ 

Yes Yes 4765-23-02 Administrative actions. Yes Yes 4765-23-03 Report of administrative actions. 

Medicel, Fire, illld Tr!lnsgo[jation Se[llices • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

CSI FYR Buill !',lumber Buill Title 

Yes Yes 4765-20-01 General provisions. 

Yes No 4765-20-01 General provisions_ 

Yes Yes Qualifications for a certificate of firefighter training. 

Yes No 4765-20-02 Qualifications for a firefighter certificate. 

Yes Yes 4765-20-03 Qualifications for a certificate of fire safety inspector training. 

Yes No 4765-20-03 Qualifications for a fire safety inspector certificate. 

C!ick on the rule number in blue above to view the rule in its entirety on the Registl3r of Ohio website. 

R 77 South High Street • Concourse Leve/ 6 Columbus, Ohio 43215 • {614) 466-4086 • www.jcarr.state.oh.us • Page 11• 311712014 
A 

 Yes  Yes 

 Yes 

 Yes  Yes 

 Yes 

 Yes  Yes  Yes 

 Yes 

Yes 

Yes Yes 

Yes 

No 

Yes 

Yes 

No 

Yes 

No 

Yes 

No 

Yes 

No 

Yes 

No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014- 1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

4765-20-04 Application for a certificate of fire training. 4765-20-04 Application for a firefighter, fire safety inspector or instructor certificate. 

4765-20-05 Notification !o the executive director of change of personal information. 

4765-20-06 Fire training examinations. 4765-20-06 Firefighter, fire safety inspector and instructor examinations. 4765-20-07 Renewal of a certificate of fire training. 

4765-20-07 Renewal of a firefighter or fire safely inspector certificate. 

4765-20-08 Reinstatement of a certificate of fire training. 4765-20-08 Reinstatement of a firefighter or fire safety inspector certificate. 4765-20-09 Reinstatement of a revoked certificate of fire training. 

4765-20-09 Reinstatement of a revoked firefighter or fire safety inspector certificate. 4765-20-10 Certificate in lieu of completing a chartered training program. 

4765-20-10 Certificate in lieu of completing a chartered training program. 

 Medical, Firg, an!! Immmortatioo Servi!<!ll! • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/1812014 

QQl EYB. Ryle t:Jumb§r Rule Title 

Yes Yes 4765-20-11 Equivalency for a certificate of fire service training. 

Yes No 4765c20-11 Firefighter certification by reciprocity. 

Yes Yes 4765-20-12 Equivalency for fire Instructor. Yes Yes 4765-20-13 Options for firefighter continuing education. 

Yes No 4765-20-13 Firefighter continuing education. 

Yes Yes 4765-20-14 Continuing education option two: upgrade to firefighter I. 

Yes No 4765-20-14 Continuing education option to upgrade a volunteer firefighter to a firefighter I. 

Yes Yes 4765-20-15 Continuing education option two: upgrade to firelighter II. 

Yes No 4765-20-15 Continuing education option to upgrade a firefighter I to a firefighter II. 

Yes Yes 4765-20-16 Fire safety inspector continuing education. 

Yes No 4765-20-16 Fire safety Inspector continuing education. 

Yes Yes 4765-20-17 Exemption for continuing education. 

Yes No 4765-20-17 Exemption from firefighter or fire safety inspector continuing education. 

Yes Yes 4765-20-18 Voluntary surrender in level of certificate of fire training. 

Yes No 4765-20-18 Voluntary surrender of certificate of fire service training. 

Yes Yes 4765-20-19 Initial renewal of active firefighter certification. 

CUck on the rule number in blue above to view the rule in its entirety on the Register of Ohio webslle. 

77 sOUth High Street• Concourse Columbus, 6hio 43215. (614) 466-4086. www.jcarr.state.oh.us. Page 12. 3!17!2014 
DA 

 Yes Yes 

 Yes Yes  Yes Yes 

 Yes Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014- l :30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

4 765-20-20 initial renewal of active fire safety inspector certification. 

4765-20-21 Initial renewal of active fire instructor certification. 

4765-20-22 Fire training certificates and fire instructor certification cycles and continuing education requirements. 

4765-20-23 Merging of fire service and fire instructor certificates with EMS certificates. 

Mru.;Jicafl Tcgtosgortatjon • 

 Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

CSI FYR Rule Numbe[ Rule Title 

 Yes Yes 4765-21-02 Fire seNice instructor training program entrance requirements. 

 Yes No 4765-21-02 Instructor training course entrance requirements. 

 Yes Yes 4765-21-03 Criteria for a certificate to teach fire service training. 

 Yes No 4765-2'1-03 Qualifications for an instructor certificate. 

 Yes Yes 4765-21-04 Renewal of a certificate to teach fire service training. 

 Yes No 4765-21-04 Renewal of a fire instructor, fire safety inspector instructor or assistant fire instructor certificate to teach. 

 Yes Yes 4765-21-05 Reinstatement of a certificate to teach fire service training. 

 Yes No 4765-21-05 Eligibility for reinstatement of a fire instructor, fire safety inspector instructor or assistant fire instructor certificate to teach. 

 Yes Yes 4765-21-06 Qualification for fire service instructor trainers. 

 Yes No 4765-21-06 Fire instructor and fire safety inspector instructor trainers. 

 Yes Yes 4765-21-01 EMS instructor seeking fire service instructor certification. 

 Yes No 4765-21-07 EMS instructor seeking fire instructor or fire safety inspector instructor certification. 

 Yes Yes 4765-21-08 Fire service instructor crossover certification. 

 Yes No 4765-21-08 Fire instructor or fire safety inspector instructor crossover certification. 

 Yes Yes 4765-21-09 Criteria for a certificate of assistant fire instructor. 

 Yes Yes 4765-21-10 Reinstatement of a revoked certificate. 

 Yes No 4765·21-10 Reinstatement of a revoked fire instructor and fire safety inspector instructor certificate. 

 Yes No 4765-21 .. 11 Voluntary surrender of certificate to teach. 

 Yes No 4765·21·12 Reciprocity for fire instructor. 

 Yes No 4765-21-13 Exemption for continuing education. 

 

 Filing Date: 1/3112014 Jurisdiction Ends: 4/6/2014 Public Hearing: 3/4/2014 

Click on the rulo number in blue above to view the rule !nits entirety on the Register of Ohio website. 

RR 77 South High Street• Concourse Level· Columbus. Ohio 43215 •{614) 466-4086 • wwwjcarr.stateoh.us • Page 13 • 311712014 
DA 

.JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 I'.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

.Q§l FYR Rule Number Rule Title 

g Yes No 4729-11-01 Definitions. 

g Yes No 4729-11-02 Scheduling of Compounds. 

Purchase of Products and Services Provided by Persons with Severe Disab!!!lli!li • 

al Filing Date: 111512014 Jurisdiction Ends: 3/2112014 

.Q§l EYB Rule Number Rule Title 

g No 

g No 

g No 

g No 

g No 

Yes Yes 

Yes 

Yes 

Yes 

4115-1-01 Definitions. 

Purpose. Recommendations. 

Correspondence and inquiries. 

Notice of meetings. 

FINAL AGENDA 

Public Hearing: 2/19/2014 

g 

g 

No Yes 

No Yes 

4115-3-01 4115-3-02 

4115-3-03 4115-3-04 4115-3-05 4115-5-01 

Public notice: adoption, amendment or rescission of rules. 

Committee membership. 

g No 

g No 

g No 

g No 

g No 

Yes 

Yes 

Yes Yes 

Yes 

4115-5-02 4115-5-03 

Duties and powers of the committee for the purchase of products and services 

provided by persons with severe disabilities. 

Central nonprofit agencies' responsibilities. 

4115-5-04 Violations of the state use program law, rules or regulations. 4115-6-01 Approval of central nonprofit agency(ies). 4115-6-02 Approval procedure for central nonprofit agency(ies). 

g No Yes 4115-6-03 Renewal of central nonprofit agency(ies) approval. 

g No Yes 4115-6-04 Annual evaluation of central nonprofit agency (ies). 

g No Yes 4115-6-05 Commission fees. 

urchase of Products and Services Provided by Persons with Severe Disabilities • 

l Filing Date: 1115/2014 

.Q§l FYB 

g No Yes 

g No Yes 

g No Yes 

g No Yes 

fuJI!!. Number 

4115-7-01 

4115-7-02 4115-7-03 4115-7-04 

Jurisdiction Ends: 3121/2014 

Bole Iitle 

Certification of qualified nonprofit agencies. 

Procurement list. Purchase waivers. Deletion of items from the procurement list. 

Public Hearing: 2/19/2014 

g No 

g No 

Yes 4115-7-05 

Yes 4115-7-06 

Committee decisions pertaining to an addition to the procurement list. 

Quality of merchandise and services provided. 

C!!ck on the ru!a number in blue above to view the rule in Its entirety on the of Ohfo website. 

RR 77 South High Street • Concourse Level• Columbus. Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 14 • 3/17!2014 
DA 

g No Yes 

g No Yes 

g No Yes 

g No Yes 

g No Yes 

g No Yes g No Yes 

g No Yes g No Yes 

g No Yes 

ction Agency .. 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014- 1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

4115-7-07 Specification changes. 

4115-7-09 Allocation and orders. 

4115-7-10 Adjustment and cancellation of orders. 

4115-7-11 Shipping and packing. 

4115-7-12 Fair market pricing for site-specific services. 

FINAL AGENDA 

4115-7-13 Fair market pricing for services priced as products. 

4115-7-14 Fair market pricing for products/commodities. 

4115-7-15 Exception rule for presenting justification to exceed state use committee of Ohio fair market pricing guidelines. 

4115-7-16 Payments. 

4115-7-17 Previously approved products and services. 

To Be Refiled 

 Filing Date: 1/10/2014 Date otTo Be Refiled: 2/19/2014 Jurisdiction Ends: Public Hearing: 2/18/2014 

QSl .EYB B.uJ.e.l':llilllllill: Rule Title 

 Yes Yes 3745-31-01 Definitions. 

 Yes Yes 3745-3"1-02 Applicability, requirements, and obligations. 

 Yes Yes 3745-31-06 Completeness determinations, processing requirements, public participation, public notice, and issuance. 

 Yes Yes 3745-31-09 Variances on operation. 

 Yes Yes 3745-31-10 NSR projects at existing emissions units at a major stationary source. 

 Yes Yes 3745-31-11 Attainment provisions - ambient air increments, ceilings and classifications.  Yes Yes 3745-31-12 Attainment provisions - data submission requirements. 

 Yes Yes 3745-3"1-13 Attainment provisions- review of major stationary sources and major modifications, stationary source applicability and exemptions. 

 Yes Yes 3745-31-14 Attainment provisions - preapplication analysis. 

 Yes Yes 3745-31-15 Attainment provisions - control technology review. 

 Yes Yes 3745-31-16 Attainment provisions - major stationary source impact analysis. 

 Yes Yes 3745-31-17 Attainment provisions - additional impact analysis. 

 Yes Yes 3745-31-18 Attainment provisions - air quality models. 

 Yes Yes 3745-31-19 Attainment provisions - notice to the United States environmental protection 

Click on the rule number ln blue above to view the rule in its entirety on the Register of Ohio website. 

RR 77 South High Str8et • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us ·Page 15 • 311712014 
DA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

d 

d 

Yes Yes 

Yes Yes 

tection Agency • 

al Filing Date: 1/10/2014 

.Q£ FYB 

d Yes Yes d Yes Yes 

d Yes Yes 

d Yes No 

d Yes No 

d Yes Yes 

d Yes Yes 

d Yes Yes 

d Yes Yes 

3745·31-20 

3745-31-21 

agency. 

Attainment provisions - innovative control technology. 

Nonattainment provisions - review of major stationary sources and major 

modifications - stationary source applicability and exemptions. 

Date of To Be Refiled: 2/25/2014 Jurisdiction Ends: Public Hearing: 2/18/2014 

Bule !'lumber Rule Title 

3745-31-22 Nonattainment provisions - conditions for approvaL 

Nonattainment provisions • stationary sources locating in designated clean or 

3745-31-23 unclassifiable areas which would cause or contribute to a violation of a national 

ambient air quality standard. 

3745-31-24 Nonattainment provisions - baseline for determining credit for emission and air quality offsets. 

3745-31-25 Nonatlainment provisions -location of offsetting emissions. 

3745-31-26 Nonattainment provisions - offset ratio requirements. 

3745-31-27 Nonattainment provisions - administrative procedures for emission offsets. 

3745-31-28 Review of major stationary sources of hazardous air pollutants requiring MACT determinations. 

3745-31-29 General permit-to-install and general PTIO. 

3745-31-32 Plantwide applicability limit (PAL). 

Withdrawn 

e· Board of Building Standards: Residential Code of Ohio 

al Filing Date: 1/28/2014 

.Q£ EXR 

iling Yes No 

on of Ohio • Utilities 

al Filing Date: 11/28/2012 

CSI FYR 

ling ling 

No Yes No Yes 

Date of Withdrawn Filing: 3/14/2014 Jurisdiction Ends: 

Rule Number Bule Title 

4101:8-5-01 Floors. 

Date of Withdrawn Filing: 3/6/2014 Jurisdiction Ends: 

Rule Number 

4901:1-8-01 

4901:1-8-02 

Rule Title 

Definitions. 

General provisions. 

Click on the rote number !n blue above to view the rule in its entirety on the Register of Ohio website. 

Public Hearing: 2/28/2014 

Public Hearing: 

ARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086• www.}carr.state.oh.us • Page 16 • 311712014 
DA 

ling Yes Yes 

ling Yes Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014 -l :30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

490"1:1-8-04 

4901: 1-8-05 

Records. 

Reporting. 

CUd; on the rule number in blue above to view the rule in its entirety on the Register af Ohio website. 

FINAL AGENDA 

RR 77 South High Street• Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 www.jcarr.state.oh.us 17 • 311712014 

Article Ill 

Attachment D 

Final Adoption Notice to LSC 

Director and Secretary of 

State 

Electronic Rule 

The Honorable Jon Husted 

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 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse Level 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuan

Ohio Revised Code. 

Package Number: 109738 

File Date and Time: 05/19/2014 10:36 AM 

Confirmation Number: 482ee82376b0abec819d433e37fe274d 

FINAl FILE 

Rule Number Type FYR CSI JE Date Eff Date Next FYR Tag line 

3745-31-22 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Nonattainment provisions- 

Nonattainment provisions - 

3745-31-23 Amendment y y 05/14/2014 05/29/2014 05/29/2019 designated clean or unclas

or contribute to a violation 

standard. 

3745-31-24 Amendment y y 05/14/2014 05/29/2014 05/29/2019 Nonattainment provisions - 

for emission and air quality 

3745-31-25 Rescission y y 05/09/2014 05/29/2014 Nonattainment provisions - 

3745-31-25 New N y 05/09/2014 05/29/2014 05/29/2019 Nonattainment provisions - 3745-31-26 Rescission y y 05/09/2014 05/29/2014 Nonattainment provisions - 3745-31-26 New N y 05/09/2014 05/29/2014 05/29/2019 Nonattainment provisions- 3745-31-27 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Nonattainment provisions - 

emission offsets. 

3745-31-28 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Review of major stationary 

pollutants requiring MACT 

3745-31-29 Amendment y y 05/09/2014 05/29/2014 05/29/2019 General permit-to-install an3745-31-30 Rescission y y 05/09/2014 05/29/2014 Reserved. 

Page 1 
Rule Number 

3745-31-31 

3745-31-32 

Type FYR CSI JE Date 

Rescission Y 

Amendment Y 

y 

y 

05/09/2014 

05/09/2014 

Eff Date 

05/29/2014 

05/29/2014 

Page 2 

Next FYR Tagline 

Reserved. 

05/29/2019 Plantwide applicability limit 
Electronic Rule JUint 

The Honorable Jon Husted 

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 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse Level 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuan

Ohio Revised Code. 

Package Number: 109737 

File Date and Time: 

Confirmation Number: 

05/19/2014 10:32 AM 

d147c3c2347c3bd0a19691f2e9521cc 

FINAL FILE 

Rule Number Type FYR CSI JE Date Eff Date 

3745-31-01 Amendment y y 05/09/2014 05/29/2014 

3745-31-02 Amendment y y 05/09/2014 05/29/2014 3745-31-04 Amendment y y 05/09/2014 05/29/2014 

3745-31-06 Amendment y y 05/09/2014 05/29/2014 

3745-31-07 Amendment y y 05/09/2014 05/29/2014 3745-31-08 Amendment y y 05/09/2014 05/29/2014 

3745-31-09 Amendment y y 05/09/2014 05/29/2014 

3745-31-10 Amendment y y 05/09/2014 05/29/2014 

3745-31-11 Amendment y y 05/14/2014 05/29/2014 3745-31-12 Amendment y y 05/09/2014 05/29/2014 

3745-31-13 Amendment y y 05/09/2014 05/29/2014 

Page 1 

Next FYR Tagline 

05/29/2019 Definitions. 05/29/2019 Applicability, requirements

05/29/2019 Applications. 05/29/2019 Completeness determinati

public participation, public 

05/29/2019 Termination, revocation, e

transfer. 

05/29/2019 Registration status permit-

05/29/2019 Variances on operation. 

05/29/2019 NSR projects at existing e

stationary source. 

05/29/2019 Attainment provisions - am

classifications. 

05/29/2019 Attainment provisions - da05/29/2019 

Attainment provisions - rev

and major modifications, s

exemptions. 
Rule Number Type FYR CSI JE Date Eff Date Next FYR Tagline 

3745-31-14 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Attainment provisions - pre3745-31-15 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Attainment provisions - con

3745-31-16 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Attainment provisions - ma

analysis. 

3745-31-17 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Attainment provisions - add3745-31-18 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Attainment provisions - air 

3745-31-19 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Attainment provisions- not

environmental protection a

3745-31-20 Amendment y y 05/09/2014 05/29/2014 05/29/2019 Attainment provisions - inn

Nonattainment provisions - 

3745-31-21 Amendment y y 05/09/2014 05/29/2014 05/29/2019 sources and major modifica

applicability and exemption

Page 2 
Article IV 

Hearing Transcripts 

BEFORE THE OHIO EPA 

IN RE: 

Division of Air Pollution Control 

Permits-to-Install New Sources 

Permit-to-Install and Operate Program 

Public Hearing before Moderator Mary 

McCarron, taken at the Ohio Environmental 

Protection Agency, so West Town Street, 6th Floor 

Conference Room A, Columbus, Ohio at 10:30 a.m. 

on Tuesday, February 18, 2014. 

FRALEY, COOPER & ASSOCIATES 

222 East Town Street, Second Floor 

Columbus, Ohio 43215-4620 

(614) 228-0018 - (614) 852-6163 

Fax - ( 614 ) 2 2 4 -57 2 4 
1 

2 

P-R-0-C-E-E-D-I-N-G-S 

MODERATOR McCARRON: My name is Mary 

3 McCarron, and I will be presiding over today•s 

4 hearing. 

5 The purpose of today's hearing is to 

2 

6 obtain comments from interested persons regarding 

7 Ohio EPA's proposed rules. 

8 Ohio EPA Division of Air Pollution 

9 Control is proposing revisions to rules in the 

10 Ohio Administrative Code Chapter 3745-31. These 

11 rules govern the Permits-to-Install New Sources 

12 and Permit-to-Install and Operate Program. 

13 These rules have been filed with the 

1.4 Joint Committee on Agency Rule Review. 

1.5 All interested persons are entitled to 

16 at.tend or be represented and to present oral 

17 and/ or writ ten comments concerning the proposed 

18 rule. All written and oral comments received as 

19 part of the official record will be considered by 

20 the Director of Ohio EPA. 

21 To be included in the official record, 

22 written comments must be received by Ohio EPA by 

23 the close of business today, Tuesday, February 

24 18, 2 014. All written comments submitted for the 
3 

1 record receive the same considering as oral 

2 testimony given today. Written statements 

3 submitted after today may be considered as time 

4 and circumstances permit but won't be part of the 

5 official record of the hearing. 

6 At this time there's nobody present to 

7 provide testimony, so we'll go off the record 

8 until 11 a . m . 

9 

10 

(Break taken until 11:00 a.m.) 

MODERATOR McCARRON: The time is now 

11 11 a.m. and nobody has arrived to present 

12 testimony, so this hearing is adjourned. 

13 

14 (Thereupon, the hearing was adjourned at 

15 11:01 a.m., on Tuesday, February 18, 2014.) 

16 

17 

18 

19 

20 

21 

22 

23 

24 
4 

1 CERTIFICATE 

2 - - -

3 STATE OF OHIO 

ss: 

4 COUNTY OF FRANKLIN 

5 I, Jennifer L. Parish, Registered 

6 Professional Reporter, do hereby certify that the 

7 foregoing is a true, correct, and complete 

8 transcript of the proceedings in the matter 

9 before the Ohio Environmental Protection Agency, 

10 as reported by me in stenotype and transcribed 

11 from my stenographic notes. 

12 DATED this 3rd day of March, 2014. 

13 

14 

15 

16 

17 

18 

JENNIFER L. PARISH, RPR 

NOTARY PUBLIC-STATE OF OHIO 

19 My Commission Expires: November 23, 2014. 

20 

21 

22 

23 

24 
Article V 

Response to Comments 

Division of Air Poll uti on Control 

Response to Comments 

Draft Rule Language Comment Period 

Rule: OAC Chapter 3745-31 Permits to Install New Sources 

Agency Contact for this Package 

Division Contact: Jennifer Avellana, DAPC, 614-644-3625, jennlfer.avellana@.eoa.ohio.cov 

Ohio EPA provided a 32 day comment period which ended on May 27, 2009 for many of the rules in 

OAC Chapter 3745-31. Ohio EPA then provided a 30 day comment period for these same rule. 

changes and additional rule changes within OAC Chapter 3745-31 that ended on May 10, 2013. Ohio 

EPA then proposed the amended, new and rescinded rules to the Joint Committee on Agency Rule 

Review (JCARR). Ohio EPA held a public hearing for these rules on Tuesday, February 18,2014. Ohio 

EPA accepted comments on the rule proposal. This document summarizes the comments and 

questions received at the public hearing and/or during the associated comment periods. 

Ohio EPA reviewed and considered all comments received during the 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: 

The draft rules still include the PM2.5 Significant Impact Levels (Sils) and 

Significant Monitoring Concentrations (SMCs). OEPA's draft PM2.5 rules 

Response to Comments document includes a response (comment No. 49 on 

page 41 of 52) to Region 5's May 10, 2013 comment letter saying that OEPA is 

aware of the January 22, 3013 court decision which vacated and remanded the 

SILs and SMCs, and that OEPA will make the necessary changes to the rules 

before submitting the rules for SIP approval. Please keep in mind that the 

situation remains that it is unlikely that we would be able to approve the SILs into 

the SIP, and likewise, we cannot approve the SMCs into the SIP. (Charmagne 

Ackerman, Environmental Engineer, EPA Region 5) 

Ohio EPA is still awaiting further rulemaking and/or guidance from US EPA, and 

we still plan to make the necessary changes before submitting the rules for SIP 

approval. 

Rule 3745-31-01, "Definitions" 

Rule 3745-31-011Ml, IEEE) and new paragraph (GGGGGG) 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 Page 2 of 15 

Comment 2: In October of 2012, the commenter notified the Ohio EPA that the definition of 

"auto body refinishing facility" in OAC rule 3745-31-01(M) could potentially 

prevent automotive repair businesses from claiming a PBR if the business ever 

conducted work on any vehicle weighing over 8,500 lbs. As currently written, this 

defin~ion would prohibit any repair facility with a PBR from refinishing many 

popular vehicles currently on the road today, such as a Ford F-250, a Ford 

Expedition XL SUV, or many popular vans. The definition of "auto body 

refinishing facility" has caused confusion within the automotive repair industry. 

This has resulted in some shops improperly claiming the PBR exemption, while 

at the same time, other repair facilities, trying to properly comply, file the more 

complex and onerous PTIO. 

Since sharing this concern with the Ohio EPA we have worked diligently together 

on a possible solution. After numerous discussions, it was determined that this 

problem could be resolved by simply removing the term "light duty trucks" from 

the definition of "auto body refinishing facility." "Light duty truck" is defined in 

OAC Section 3745-21-01(0)(109) as a motor vehicle rated at eight thousand five 

hundred pounds gross weight or less which is designed primarily for highway use 

and for the transportation of property, or is a derivative of such vehicle. We were 

glad to see the Ohio EPA implement this change in the proposed rule. It is 

important to note that the proposal would not lower emission standards or 

reporting requirements for the PBR or PTIO. Instead, it would simply allow shops 

that comply with the standards established in the PBR, to work on many popular 

vehicles weighing over 8,500 lbs. that are on the road today. The proposed Ohio 

EPA rule would not define "auto body refinishing facility" as: 

(M) ''Auto body refinishing facility" means a facility engaged primarily in 

collision repair and refinishing of automobiles and lif}At EitJty trucks. 

Automobile paint-only and customizing facilities, which are engaged in 

repainting used motor vehicles and light deity trucks, but do not perform 

collision repair work, are also included in this definition. Mobile auto body 

painting operations, which employ temporary spray booths meeting the 

design criteria specified by paragraph (A)(4)(g) of rule 3745-31-03 of the 

Administrative Code, are also included in this definition. 

While we support this change, we do have a suggestion that we believe may 

provide additional clarity to the definition of "auto body refinishing facility." We 

noticed that the term "truck" is not defined in OAC rule 3745-31-01. Nor is it 

defined in either OAC rule 3745-15-01 or 3745-21-01, which are both referenced 

in the rule. Failure to defined "truck" could potentially cause additional confusion 

for Ohio's automotive repair industry. We would suggest the term "truck" should 

be clearly defined in OAC rule 3745-31-01. We believe the current definition of 

"truck" used by the Ohio Department of Public Safety (OOPS) in OAC rule 4501-

43-02(C) would be sufficient. ODPS defines truck as: 

(C) "Truck" means every motor vehicle, except trailers and semitrailers, 

designed and used to carry property and having a gross vehicle weight 

rating of ten thousand pounds or less. 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 

Response 2: 

Page 3 of15 

Adding this definition between 3745-31-01(FFFFFF) and (GGGGGG) of the 

proposed rule would allow automotive repair facilities claiming a PBR to work on 

vehicles weighing over 8,500 lbs., while at the same time provide a clear 

description of a "truck." Those vehicles weighing over 10,000 lbs., as used in this 

definition, are typically not the average passenger vehicle and usually require 

special equipment to repair and refinish. Therefore, it is appropriate that those 

shops working on these larger vehicles would be required to obtain a PTIO. 

Additionally, we believe the definition of "job" in paragraph {EEE) of the proposed 

rule needs to be updated to reflect the removal of "light duty truck" in the chapter. 

We would suggest the following: 

{GGG)(EEE) "Job" means the total area or areas to be refinished or 

repainted on an automobile or light duty truck by an auto body refinishing 

facility. 

(Jamie Chilcoat, President/Chairman, Automotive Services Association of 

Ohio) 

Ohio EPA thanks the commenter for the suggestions and has made the 

suggested changes to OAC rule 3745-31-01(M) and has added a definition for 

"truck" to OAC rule 3745-31-01(GGGGGG). 

Rule 3745-31-0i(MM) and INN) 

Comment3: 

Response 3: 

The commenter states that while the Utilities understand that Ohio EPA is 

currently revising OAC rule 3745-31-03 in a separate rulemaking, the Utilities 

think the definition of "Emergency': should include a provision that addresses 

electrical blackouts or failure of a grid. As noted before, the proposed rule 

inexplicably defines "Emergency' in 3745-31-0i(MM) using three of the four 

categories that are in the existing definition of "Emergency" within 3745-31-

03(A)(4)(a)(viii)(a) while excluding the category where a regional transmission 

organization has identified conditions that require implementation of emergency 

plans to avoid electrical blackouts and other extreme conditions that jeopardize 

the electric grid. The existing and proposed rules both define emergencies to 

include "an electric power outage due to failure of the electrical grid." The 

Utilities do not think that Ohio EPA should exclude the emergency actions that 

are taken to avoid such outages and failure of !he electrical grid. As in 3745-31-

03(A)(4)(a)(viii)(a), the definition of "Emergency" within 3745-31-0i(MM) should 

include emergencies called by a regional transmission organization. 

The Utilities are satisfied with the revision to OAC rule 3745-31-01(NN) to include 

the following language: "Non-emergency usage does not include peak shaving or 

non-emergency demand response, except as provided for in 40 CFR 

604211(f)(3)(i), 40 CFR 60.4243(d)(3)(i), and 40 CFR 63.6640(f)(i) and (ii)." 

(Cheri A. Budzynski on behalf of the Ohio Utility Group and Its member 

companies ("the Utilities")) 

Ohio EPA has revised the definitions for emergency and emergency engine in 

OAC rule 3745-31·01 and paragraph (NN) of OAC rule 3745-31-03(B)(2)(a) 

(PBR for emergency electrical generators, emergency water pumps, or 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 

Comment4: 

Response4: 

CommentS: 

Page 4 of 15 

emergency air compressors powered by emergency engines) to be consistent 

with the requirements of 40 CFR Part 60 Subparts I ill and JJJJ and 40 CFR Part 

63 Subpart ZZZZ. · 

The federal regulations list the following operating scenarios as acceptable for 

operation of an emergency engine: emergency operation, maintenance and 

testing, emergency demand response, and operation in non-emergency 

situations for 50 hours per year. The "category where a regional transmission 

organization has identified conditions that require implementation of emergency 

plans to avoid electrical blackouts and other extreme conditions that jeopardize 

the electric grid" falls under the "emergency demand response" operating 

scenario, and is not written under the definition of "emergency." Ohio EPA has, 

therefore, included this operating scenario in paragraph (NN) instead of 

paragraph (MM) (definition of "emergency."): 

"(NNI "Emergency engine" means a stationary reciprocating engine or a turbine 

engine which operates as an emergencv or standby mechanical or electrical 

power source and is used only during the following: 

(1) Emergencies. 

(2) Any combination of the following purposes for a maximum of 100 hours per 

calendar year: 

(al Maintenance checks and readiness testing, provided that the tests are 

recommended by federal, state or local government. the manufacturer. the 

vendor. the regional transmission organization or equivalent balancing authority 

and transmission operator, or the insurance company associated with the engine. 

(b/ Emergency demand response for periods In which the regional 

transmission authority or equivalent balancing authority and transmission 

operator has declared an Energy Emergency Alert Level 2 (EEA Level 2/ as 

defined in the "North American Electric Reliability Corporation Reliability 

Standard EOP-002-3, Capacity and Enemy Emergencies." 

In subparagraph (MM)(2), the word "or'' is missing between "local supply 

equipment failure" and ''facility equipment failure." (Robert L Brubaker and Eric 

B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris 

& Arthur LLP that represent a broad cross-section of Ohio businesses) 

Ohio EPA has revised the rule as suggested. 

The first sentence in subparagraph (NN)(2)(e) is missing three words, which are 

italicized and balded as follows: 

"The fifty hours par year for non-emergency situations cannot be used for peak 

shaving or non-emergency demand response, or to generate income for a facility 

to supply power to an electric grid or otherwise supply power as part of a 

financial arrangement with another entity unless the conditions in paragraph 

(NN)(2)(d) of this rule are met." 
Rule Package: 3745-31 

Response to Comments 

_/,1arch 28, 2014 

Response 5: 

Page 5 of15 

(Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse 

clients of Porter Wright Morris & Arthur LLP that represent a broad cross· 

section of Ohio businesses) 

Ohio EPA has revised the rule as suggested. 

Rule 3745-31-01(LLL\ 

CommentS: 

Response 6: 

In subparagraph (1 ), the proposed rule revisions accidentally include both Ohio 

EPA's original draft revision (in which the words "any one or a combination of the 

following" were added to the first, unnumbered paragraph in section (LLL)) and 

Ohio EPA's new proposed revision (in which the first paragraph is numbered "(1)" 

and the words "any one or" are not included). The first, unnumbered paragraph 

should be removed, as appears to have been Ohio EPA's intent. (Robert L. 

Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of 

Porter Wright Morris & Arthur LLP that represent a broad cross-section of 

Ohio businesses) 

Ohio EPA thanks the commenter for pointing out this mistake and has revised 

the rule as suggested. 

Rule 3745-31-01(NNN) 

Comment?: 

Response 7: 

The commenter states that the proposed new term "nrtrogen dioxides" in 

subparagraph (3) should be "nitrogen oxides." (Robert L Brubaker and Eric B. 

Gallon on behalf of numerous and diverse clients of Porter Wright Morris & 

Arthur LLP that represent a broad cross-section of Ohio businesses) 

Ohio EPA has revised the rule as suggested. 

Rule 3745-31-01(888) 

CommentS: 

Response 8: 

The commenter states that there is a hyphen m1ssmg after "(PM2.5)" in 

subparagraph (1)(b)(iii). {Robert L. Brubaker and Eric B. Gallon on behalf of 

numerous and diverse clients of Porter Wright Morris & Arthur LLP that 

represent a broad cross-section of Ohio businesses) 

Ohio EPA has revised the rule as suggested. 

Rule 37 45-31-01 (WV) 

Comment9: Subsection (3)(a) of Ohio EPA's proposed rule does not match the description of 

that subsection in Ohio EPA's Response to Comments. The beginning of the 

"contemporaneous" period described in the proposed rule - "five years prior to 

the date on which the owner or operator of the facility submits an initial complete 

application for an installation permit ••• for the particular change or project" - is 

the same as what Ohio EPA proposed in its draft rule revision. Ohio EPA's 

Response to Comments, however. states that Ohio EPA has "decided to change 

the contemporaneous beginning date to be based on the date the applicant 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 Page 6 of 15 

believes construction will start at the time they submit their initial application." To 

the extent Ohio EPA intended to revise the proposed rule to make the beginning 

of the contemporaneous period the date five years before the date construction is 

expected or schedule to commence, we would support that revision. We would 

oppose, however, Ohio EPA's apparent intention to require the application to be 

complete in order for the submittal of the application to be used to set the 

beginning of the contemporaneous period. Ohio EPA states, in its Response to 

Comments, that it is trying to "revise the definition such that the 

contemporaneous start and end dates are based on static events, not variable 

events." If the initial application must be determined to be complete in order to 

set the beginning of the contemporaneous period, then the beginning of the 

contemporaneous time period would change if the initial application were 

rejected as incomplete. This would be inconsistent with Ohio EPA's intentions 

for these revisions. 

In the language describing the end of the "contemporaneous" period, the second 

instance of the word "on" ("*-and ending on the date on which the owner or 

operator has identified") is ungrammatical and should be omitted, if Ohio EPA 

adopts the proposed language. We would oppose, however, the adoption of 

Ohio EPA's proposed revision. Ohio EPA's proposed end date - "the date *** 

which the owner or operator has identified in the initial application as the date 

that the new or modified emissions unit is scheduled to start operating" - would 

not take into account instances in which an owner or operator plans to shut down 

an existing emissions unit, and take credit for the decrease in emissions resulting 

from that shutdown, when a new emissions unit becomes operational. In such 

instances, as the date on which the new unit is scheduled to start operating 

changes over time, so too would the date on which the old emissions unit would 

be scheduled to shut down. Under Ohio EPA's definition, if the new emissions 

unit begins operation later than expected, and the old emissions unit ultimately 

shuts down after the date on which the owner or operator initially believed the 

new unit would start operating, the decrease in emissions from the shutdown of 

the old unit would not be within the contemporaneous period. US EPA's 1990 

Draft NSR Workshop Manual defines the "contemporaneous" period as "when 

the new [or modified] emissions unit becomes operations and begins to emit a 

pollutant" US EPA, New Source Review Workshop Manual, at pp. A.37- A.38 

(DRAFT Oct. 1990). Defining the end of the contemporaneous period to occur 

when the new or modified emissions unit becomes operational would ensure that 

sources could obtain credit for emissions decreases from shutting down older 

sources upon starting up newer sources; We would urge Ohio EPA to follow US 

EPA's lead and adopt their definition of "contemporaneous." 

Accordingly, we would recommend the following language in subparagraph 

(3)(a): 

"An increase or decrease in actual emissions is contemporaneous with the 

increase from the particular change only if it occurs within the period beginning 

five years prior to the date on which the owner or operator expects construction 

to commence on the new or modified emission unit, and ending on the date when 

the new or modified emissions unit becomes operational and begins to emit a 

pollutant." 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 

Response 9: 

Comment 10: 

Response 10: 

Page 7 of15 

(Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse 

clients of Porter Wright Morris & Arthur LLP that represent a broad crosssection of Ohio businesses) 

Ohio EPA agrees there is inconsistency in what was described in the Response 

to Comments and in the language in the proposed rule. We will revise the rule to 

better state our intentions, that we are basing the beginning of the 

contemporaneous period on the date the permittee expects to start construction. 

We will base this date on the best knowledge of the permittee when they first 

apply for a permit as identified in their initial, "preliminarily complete" application. 

Ohio EPA currently undertakes a preliminary completeness review of all 

installation applications. We intend to use this process to verify the 

completeness of the application. This process checks to see if all needed data 

has been submitted and that all forms have been filled out. This is not the same 

as the technical completeness review, which is involves a more in-depth review 

of the technical aspects of the application, and occurs after the application has 

been determined to be preliminarily complete. This date, therefore, will not 

change throughout the technical review of the application. 

Ohio EPA agrees with the commenter's suggestion to define the end of the 

contemporaneous period to occur when the new or modified emissions unit 

becomes operational as suggested in US EPA's 1990 Draft NSR Workshop 

ManuaL 

Ohio EPA will revise the rule as follows: 

"An increase or decrease in actual emissions is r,ontemporaneous with the 

increase from the particular change only if it occurs within the period beginning 

five years prior to the date on which the owner or operator of the facility expects 

construction to commence, as stated in the initial complete application for an 

installation permit, for a new or modified emission unit for the particular change 

or project, and ending on the date when the new or modified emissicns unit 

becomes operational and begins to emit a pollutant." 

For subparagraph (3)(e), Ohio EPA's Response to Comments states that Ohio 

EPA agrees the phrase "only to the extent that the following applies" is 

grammatically flawed, and therefore changes the phrase to "if the following 

applies." While this is an improvement, the phrase "The following applies" is still 

grammatically flowed; it should read "the following apply." Also, subparagraphs 

(i)-(iv) in this subsection should end in semicolons, rather than periods; 

subparagraph (iii) should have the word "and" added after the semicolon; and 

subparagraph (iv) should end with a period. Additionally, subparagraph (3)(f) 

should end with a period. (Robert L Brubaker and Eric B. Gallon on behalf of 

numerous and diverse clients of Porter Wright Morris & Arthur LLP that 

represent a broad cross-section of Ohio businesses) 

As stated in the previous response to comments, new phrasing and punctuation 

was added to some of the rules to bring the agency more in line with the rule 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 Page 8 of 15 

formatting conventions of the legislative services commission (LSC) and to 

create an agency wide standard. Subparagraphs (i) - (iv) will retain periods 

instead of semicolons, in order to conform to the new formatting conventions. 

Periods have been added to subparagraphs (iii}, (iv) and (3)(f}. Also, the rule has 

been revised to read: "(e) A decrease in actual emissions is creditable only if the 

following apply:" 

Rule 3745-31-01(QQQQ) 

Comment 11: 

Response 11 : 

The commenter reiterates a prior comment that the proposed new definition of 

"Permanent" is not needed or legally authorized. It is also unduly narrow. It 

excludes permanent emission reductions that are assured because higher 

emissions are no longer physically or operationally possible. It also excludes 

emissions that are no longer "potential" emissions due to restrictions that are 

legally and practically enforceable by the state, as provided in the exiting 

federally-approved OAC Rule 3745-31-01(WW) (proposed OAC rule 3745-31-

01(88888) (definition of "Potential to Emit"). (Robert L Brubaker and Eric B. 

Gallon on behalf of numerous and diverse clients of Porter Wright Morris & 

Arthur LLP that represent a broad cross-section of Ohio businesses) 

Ohio EPA has considered the commenter's concern and has changed the 

definition as follows: 

"Permanent' means that emission reductions used to offset emission increases 

are assured for the life of the corresponding increase through a federally 

enforceable mechanism, through restrictions that are legally and practicably 

enforceable by the state, or because higher emissions are no longer physically or 

operationally possible, whether the corresponding increase is limited or unlimited 

in duration." 

Rule 3745-31-01(UUUUl 

Comment 12: In the definition of "PM2.5 direct emissions," there is a missing")." 

Response 12: Ohio EPA has revised the rule as suggested. 

Rule 3745-31-0i(WWWWl 

Comment 13: The commenter reiterates a prior comment thst the proposed definition of "PM2.5 

precursor" is unreasonably and unjustifiably open-ended. It should not 

encompass all unnamed "air pollutants" that "contribute to the formation of 

PM2.5," a vague, unbounded, and inherently unworkable non-definition. The 

definition should simply say: "'PM2.5 precursor' means sulfur dioxide and 

nitrogen oxides." That way, it is consistent with proposed Paragraphs 

(NNNNN)(1)(c) and (2)(a) and (VWW)(). If Ohio EPA ultimately decides to 

retain the proposed new language, however, we recommend that the definition 

be revised to add the following italicized and balded language, in order to ensure 

that the definition reflects OHI EPA's intentions as explained in its Response to 

Comments: 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 

Response 13: 

Page 9 of15 

'"PM25 precursor' means those air pollutants other than PM2.5 direct emissions 

that Ohio EPA has demonstrated, with US EPA approval, significantly ccntribute 

to the formation of PM2.5 in a specific area. PM2.5 precursors include sulfur 

dioxide and nitrogen oxides." 

(Robert L Brubaker and Eric 8. Gallon on behalf of 'numerous and diverse 

clients of Porter Wright Morris & Arthur LLP that represent a broad crosssection of Ohio businesses) 

Ohio EPA has considered the comments and has revised the paragraph as 

suggested. 

Rule 3745-31-01{YYYYl 

Comment14: 

Response 14: 

The commenter states that Ohio EPA has proposed to add the words "or 

gaseous emissions that condense to form particulate matter at ambient 

temperatures" to the def1nition of "PM1 0 emissions," in an apparent effort to bring 

that definition in line with the definition in Paragraph (UUUU), per the 

recommendation of Wei-an Chang, an Environmental Engineer in EPA Region 5. 

Mr. Chang and Ohio EPA appear to have misread Paragraph (UUUU) as 

providing the definition of "PM2.5 emissions." It does not. Instead, it provides 

the definition of "PM2.5 direct emissions." As a result of this mistake, the 

definition of "PM1.5 emissions" in proposed Paragraph (VWV) does not include 

condensibles, but the definition of "PM1 0 emissions" in Paragraph (YYYY) does. 

We would recommend that the proposed revision to Paragraph (YYYY) be 

omHted and the language in that definition kept as it was. (Robert L Brubaker 

and Eric B. Gallon on behalf of numerous and diverse clients of Porter 

Wright Morris & Arthur LLP that represent a broad cross-section of Ohio 

businesses) 

Ohio EPA thanks the commenter for recognizing this discrepancy and we have 

revised the rule to go back to the original language. 

Rule 3745-31-01(JJJJJ) 

Comment15: 

Response 15: 

The ccmmenter reiterates a prior comment that the phrase at the end of the 

definition of "quantifiable" - "established by applicable law or approved by the 

director"- is unnecessary and unduly narrow and should be deleted. The phrase 

"reliable and replicable method" is sufficient to assure that the emissions will be 

accurately quantified. (Robert L. Brubaker and Eric 8. Gallon on behalf of 

numerous and diverse clients of Porter Wright Morris & Arthur LLP that 

represent a broad cross-section of Ohio businesses) 

Ohio EPA agrees that "reliable and replicable method" is sufficient to assure that 

the emissions will be accurately quantified. We have deleted the phrase 

"established by applicable law or approved by the director" at the end of the 

definition as suggested. 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 Page 10 of 15 

Rule 3745-31-011NNNNN) 

Comment 16: 

Response 16: 

The definition of "regulated NSR pollutant," 3745-31-01(NNNNN), should include 

volatile organic compounds and ammonia as PM2.5 precursors in nonattainment 

areas. EPA proposed rules on November 15, 2013, clarifying PM2.5 

implementation requirements for the states. EPA issued the rule in response to a 

recent decision of the D.C. Circuit Court addressing the role subpart 4 of Part D, 

tttle 1 of the Clean Air Act in implementing PM2.5 air quality standards. Since the 

rule has not yet been finalized and a SIP package has not been submitted, it 

should be considered when preparing the SIP package. (Charmagne 

Ackerman, Environmental Engineer, EPA Region 5) 

Ohio EPA will retain the current language in the definition for "regulated NSR 

pollutant." Ohio EPA will provide a technical demonstration to show that volatile 

organic compounds and ammonia do not need to be listed as PM2.5 precursors 

in nonattainment areas within our rule. This technical demonstration will 

accompany the rule when it is submitted as a revision of Ohio's SIP. 

Rule 3745-31-01(DDDDDD) 

Comment17: 

Response 17: 

The commenter suggests Ohio EPA change the final words in this section, 

"within two years of the beginning operation of the new source or modification of 

the existing source" to "within two years of beginning operation." This change will 

eliminate the awkward phrase "the beginning operation" and also eliminate 

unnecessary language, as it is clear that "beginning operation" refers to the new 

source or modification discussed in the remainder of the definition. {Robert L. 

Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of 

Porter Wright Morris & Arthur LLP that represent a broad cross-section of 

Ohio businesses) 

Ohio EPA appreciates the suggested clarification for the definition and has 

revised the language as suggested. 

Rule 3745-31-01(HHHHHHl 

Comment 18: 

Response 18: 

The commenter points out that it is no longer necessary to include "or '"g/cm"' in 

this definition, because the proposed revisions to OAC Chapter 3745-31 have 

changed all instances of ""g/cm" in that Chapter to "(.lg/m3

." (Robert L. Brubaker 

and Eric B. Gallon on behalf of numerous and diverse clients of Porter 

Wright Morris & Arthur LLP that represent a broad cross-section of Ohio 

businesses) 

Ohio EPA has revised the rule as suggested. 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 Page11of15 

Rule 3745-31-01(LLLLLLl 

Comment 19: 

Response 19: 

The commenter states that there is an extra comma, which should be omrtted, 

after the first instance of the words "date of' in the first paragraph of this section. 

Additionally, three of the website URLs listed in subparagraph (1) need to be 

updated. In subparagraph (1)(e), the text of the CAA has been moved to 

htto:/lwww.epa.gov/oarlcaa/text.html. In subparagraph (1)(h), the text of 

CERCLA has been moved to http:/www2.epa.gov/laws-regulationslsummarycomprehensive-environmental-response-compensation-and-liability-act. And, in 

subparagraph (1)(n), the NAICS codes have been moved to 

http://www.census.gov/eos/www/naics. (Robert L. Brubaker and Eric B. 

Gallon on behalf of numerous and diverse clients of Porter Wright Morris & 

Arthur LLP that represent a broad cross-section of Ohio businesses) 

Ohio EPA thanks the commenter for informing us of the updated website links 

and has revised the paragraph as suggested. 

Rule 3745-31-06 "Completeness determinations. processing requirements public participation, public 

notice. and issuance" 

Rule 3745-31-06(1)- Federal Land Manager Notification Requirements: 

Comment20: 

Response 20: 

In Paragraph (E), subparagraphs (2)(a) and (3)(a) should be renumbered as 

(E)(2) and (E)(3), to be consistent with Ohio EPA's reformatting of subparagraph 

(E)(5). (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and 

diverse clients of Porter Wright Morris & Arthur LLP that represent a broad 

cross-section of Ohio businesses) 

Ohio EPA has made the suggested changes for reformatting subparagraphs 

(2)(a) and (3)(a) to (E)(2) and (E)(3) as suggested. 

Rule 3745-31·10. "NSR projects at existing emissions units at a major stationary source." 

Comment21: 

Response 21: 

Ohio EPA's proposed language for the definttion of "reasonable possibility" is 

acceptable as the proposed revisions make it consistent with federal regulations 

under 40 CFR 51.165(a)(6)(vi). (Cheri A. Budzynski on behalf of the Ohio 

Utility Group and Its member companies {"the Utilities")) 

Ohio EPA appreciates the commenter's support in our rulemaking changes. 

Rule 3745-31-11, "Attainment provisions -.ambient air increments, ceilings and classifications" 

Rule 3745-31-11(8) 

Comment22: In the table in paragraph (B), "PM10" is repeated twice. The second instance of 

"PM10" should be omitted. (Robert L. Brubaker and Eric B. Gallon on behalf 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 

Response 22: 

Page 12 of 15 

of numerous and diverse clients of Porter Wright Morris & Arthur LLP that 

represent a broad cross-section of Ohio businesses) 

Ohio EPA has revised the rule as the commenter suggested. 

Rule 3745-31-23. "Nonattainment provisions - stationary sources locating in designated clean or 

unclassifiable areas which would cause or contribute to a violation of a national ambient air quality 

standard" 

Comment23: 

Response 23: 

Section (A) includes a table that lists "significance levels" for emissions from a 

proposed major stationary source or major modification that will be located in an 

attainment or unclassifiable area. The table in Section (A} of the rule is missing 

the 10.0 1Jg/m3 SIL for N02 (1-hr. ave.), which Ohio EPA adopted as an interim 

standard in March 2013 .. (Robert L Brubaker and Eric B. Gallon on behalf of 

numerous and diverse clients of Porter Wright Morris & Arthur LLP that 

represent a broad cross-section of Ohio businesses) 

Ohio EPA has revised the rule as the commenter suggested. 

Rule 3745-31-24. "Nonattainment provisions - baseline for detenmining credit for emission and air 

quality offsets" 

Rule 3745-31-24(8)(1\(a) 

Comment24: 

Response 24: 

We reiterate our prior comment that Paragraph (8)(1 )(a) appears to require a 

pounds per hour basis for detenmining baseline, which would be arbitrary and 

inappropriate. This provision should be revised to clarify Ohio EPA's intention. 

In particular, !he first sentence should be revised to make clear to what words the 

phrase "if necessary" applies. The words "determine the baseline calculations" 

should also be clarified, as it is unclear what it means to "detenmine" a 

"calculation." Additionally, Ohio EPA should clarify the extent to which a lbs/hour 

measurement would or could be used to determine baseline credtt. The 

proposed subparagraph states that baseline emissions for existing sources "shall 

be calculated using the actual emissions definition specified in rule 37 45-31-01 of 

the Administrative Code." The definition of "actual emissions" in OAC 3745-31-

01, however, generally requires the use of the actual emissions during the 

twenty-four month baseline period, the calculation of which should not require the 

use of a lbslhour measurement. (Robert L. Brubaker and Eric B. Gallon on 

behalf of numerous and diverse clients of Porter Wright Morris & Arthur 

LLP that represent a broad cross-section of Ohio businesses) 

Ohio EPA will revise this paragraph to clarify certain aspects of the rule 

language. The pounds per hour basis is recommended by US EPA in 40 CFR 

Part 51, Appendix S -Emission Offset Interpretive Ruling (see bold language): 

"C. Baseline for determining credit for emission and air quality offsets. The 

baseline for determining credit for emission and air quality offsets will be the SIP 

emission limitations in effect at the time the application to construct or modify a 

source is filed. Thus, credit for emission offset purposes may be aliowable for 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 

Rule 3745-31-24(C) 

Comment25: 

Page 13 of 15 

existing control that goes beyond that required by the SIP. Emission offsets 

generally should be made on a pounds per hour basis when all facilities 

involved in the emission offset calculations are operating at their maximum 

expected or allowed production rate. The reviewing agency should specify 

other averaging periods (e.g., tons per year) in addition to the pounds per 

hour basis if necessary to carry out the intent of this Ruling. When offsets 

are calculated on a tons per year basis, the baseline emissions for existing 

sources providing the offsets should be calculated using the actual annual 

operating hours for the previous one or two year period (or other appropriate 

period if warranted by cyclical business conditions). Where the SIP requires 

certain hardware controls in lieu of an emission limrtation (e.g., floating rooftanks 

for petroleum storage), baseline allowable emissions should be based on actual 

operating conditions for the previous one or two year period (i.e., actual 

throughput and vapor pressures) in conjunction with the required hardware 

controls'' 

US EPA's intent for using a pounds per hour basis is "to help negate false 

emission offset credits that would result from the use of annual emissions and 

low annual capacity factors." 

(http://www.epa.gov/nsr/ttnnsr01/naas1/sun25 3.html). Ohio EPA's original intent 

was to specify all possible averaging periods in addition to the recommended 

pounds per hour averaging period for determining emission offsets, to satisfy the 

second sentence in bold, above. However, to keep the language in the rule as 

clear and general as possible, Ohio EPA will revise the rule to state: 

fimkisien offsefs...f!enera.'fy slwu!d be rnade-oo-a-pounds per ADIK basis v.1JOR all 

fao.'lit'oo invol•.ted in the emission offset ea!eb<!afions are operating at !hoi' 

maximNt'R axpeoted ec a!!owee f!JY3duotion rates. When offsetr; a:-o ealeulated on 

a tone per--year basis, me The baseline emissions for existing sources providing 

the offsets shall be caicuiated using the actual emissions definition specified in 

rule 3745-31-01 of the Administrative Code. The director shall allow a pounds per 

hour averaging period For determining ernfssiOn offsets when a tons per year 

averaging period results in a significant over~ or underestimation of emission 

offset credits. 

bid growth cushion. OAC rule 3745-31-24(C), as currently written, provides that 

"only emissions that have been set aside for new growth in the most recent [SIP] 

can be used by a major stationary source or major modification to offset 

emissions." As Ohio EPA has noted in its response to comments, Ohio EPA 

does not follow this practice. Because Ohio EPA does not follow this practice but 

still has regulation with the quoted provision, major sources could be susceptible 

to legal challenges because the offsets have not been set aside for new growth. 

In fact, the Utilities are aware of an appeal to the Environmental Review Appeals 

Commission of a permit-to-install that was challenged because the offsets were 

not "set aside for new growth." Thus, the Utilities still encourage Ohio EPA to 

revise the regulations and remove the requirement for an old growth cushion. 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 Page 14 of 15 

Operating hours and stationary source shutdown. Ohio EPA has revised OAC 

3745-31-24(F) to address when a stationary source may be credited with 

emissions reductions. Provision (F)( a) has been revised to be consistent with the 

federal rules. However, OAC rule 3745-31-24(F)(2) still includes the following 

language: 

(2) Emission reductions may be credited in the absence of an approved 

attainment demonstration only if the shutdown or curtailment occurred on or 

after the date the major stationary source application is filed, or, if the applicant 

can establish that the proposed major stationary source is a replacement for the 

shutdown or curtailed stationary source and the cutoff date provisions of 

paragraph tG*'4 (F\(1)(b} of rule 3745 31 21 of tho Adffiinictretive Cotle this rule 

are observed. 

In the response to comments, Ohio EPA stated that this provision was consistent 

with 40 CFR 61.165(a)(3)(ii)(c) (sic) (this should bo 40 CFR 51.165(a)(3)(ii)(c)). 

This statement is incorrect. 40 CFR 51.165(a)(3)(ii)(c) states: 

( 2) Emissions reductions achieved by shutting down an existing emissions unit or 

curtailing production or operating hours and that do not meet the requirements in 

paragraph (a)(3)(ii)(C)( 1)(ii) of this section may be generally credited only ii: 

(1) The shutdown or curtailment occurred on or after the date !he construction 

permit application is filed; or 

(iij The applicant can establish that the proposed new emissions unit is a 

replacemtn for the shutdown or curtailed emissions unit, and the emissions 

reductions achieved by the shutdown. or curtailment met the requirements of 

paragraph (a)(3)(ii)(C)( 1)(1) of this section. 

Ohio EPA's rule still contains language requiring an approved attainment 

demonstration while the federal language has removed this requirement. The 

language in OAC rule 3745-31-24(F)(2) is problematic in instances where a new 

NAAQS has been proposed and the attainment demonstration has not been 

approved. In those instances, a major source or modification can only obtain 

emission credits that were shut down after the date of the permit application filing 

or if the source is a replacement. Ohio EPA should revise OAC rule 3475-31-

24(F)(2) to be consistent with 40 CFR Part 51, Appendix S and 40 CFR 

51.165(a)(3)(ii)(c) as follows: 

(2) Emission reductions that do not meet the reauirements of paragraph (F)(i) 

may be credited in the absence of an approved at:ainrncnk!emonstration only if 

the shutdown or curtailment occurred on or after the date the major stationary 

source application is filed, or, if the applicant can establish that the proposed 

major stationary source is a replacement for the shutdown or curtaiied stationary 

source and the cutoff date provisions of paragraph tG*'4 (F)!i)(b) of rule :;715 

3' 24 of the Administrative Code this rule are observed. 

While subtle, the proposed language allows the use of prior shutdown credits that 

are included in an attainment demonstration even when it has yet to be approved 

by U.S. EPA. The problem with the current language is that it effectuates a 

construction ban in nonattainment areas where an attainment demonstration has 

not been approved and there are no shutdowns or curtailments after the date of 

the application or where the source or modification is not a replacement. Ohio 
Rule Package: 3745-31 

Response to Comments 

March 28, 2014 

Response 25: 

Page 15 of 15 

EPA's current language is more stringent than 40 CFR Part 52, Appendix S and, 

therefore, should be revised. (Cheri A. Budzynski on behalf of the Ohio Utility 

Group and its member companies ("the Utilities")) 

3745-31-24(C) provides a mechanism for Ohio EPA to "set aside" emissions for 

new source growth that may be used to offset emissions. Consistent with U.S. 

EPA requirements, this set aside must be a part of the most recent Ohio state 

implementation plan (40 CFR 51.165(a)(3)(C)(1)(i1)). The commenter stated that 

Ohio EPA acknowledges in our response to comments on the interested party 

draft rule that Ohio "does not follow this practice.' We disagree. We stated that 

Ohio has not submitted a SIP that explicitly lists emissions set aside for new 

source growth but rather we review these requests on a case-by-case basis. It is 

during that review that we determine if we need to request U.S. EPA provide for 

available offsets established prior to most recent inventory to be set aside as part 

of our SIP for a particular project. Ohio EPA believes paragraph (C) provides for 

this continued practice. 

Thank you for pointing out or inconsistency with the current federal rule language 

in our paragraph (F)(2). Ohio EPA will be making your suggested change to be 

consistent with the federal rule. 

Rule 37 45-31-26, "Nonattainment provisions -offset ratio requirements" 

Comment26: 

Response 26: 

The draft rules still include the PM2.5 nonattainment interpollutant offset ratios. 

OEPA's draft PM2.5 rules Response to Comments document includes a 

response (comment No. 67 on page 51 of 52) to Region 5's May 10, 2013 

comment letter saying that OEPA is retaining the interpollutant offset ratios within 

the rule, however will provide a technical demonstration to support the ratios 

when the rule is submitted as a revision of Ohio's SIP. Please keep in mind that 

a technical demonstration will still be needed to support the ratios before they 

can be approved into the SIP. (Charmagne Ackerman, Environmental 

Engineer, EPA Region 5) 

Ohio EPA will retain the lnterpollutant offset ratios within this rule. However, we 

will provide a technical demonstration to support the ratios when the rule is 

submitted as a revision of Ohio's SIP. 

End of Response to Comments 
Rule Synopsis: Proposed rule language for Ohio Administrative 

Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 

NSR Implementation Final Rules. 

2 

Also. the phrase "the following applies" has been changed to "the following apply." to be 

grammatically. correct. 

• Paragraph (QQQQ) has been amended to clarify. additional situations in which emission 

reductions can be approved as "permanent." 

• Paragraph (WWWW) has been amended to add the phrases "Ohio EPA has 

demonstrated with US EPA approval, significantly. ... " and "in a specific area" to clarify. 

that Ohio EPA will not arbitrarily. choose a pollutant as a PM2.5 precursor. 

• Paragraph (JJJJJ)- the phrase "established by. applicable law or approved by. the 

director" has been deleted to clarify. that emission reduction credits measured by. a 

"reliable and replicable method" (as already. stated in the rule) is sufficient to assure that 

the emissions will be accurately. quantified. 

• Paragraph (DDDDOO) has been amended to clarify. the definition and timeframe for a 

temporary source. 

• A new paragraph (GGGGGG) has been added to define the term "truck' to add clarity. 

for the auto-body. refinishing facility. exemption under OAC rule 3745-31-03. 

• Paragraph (HHHHHH) has been amended to delete "jjg/cm" as "1Jg/m3

" is now used in 

all instances for "micrograms per cubic meter" in chapter 31. 

• Paragraph (LLLLLL) has been amended to correct links to websites in (LLLLLL)(1 )(e), 

(LLLLLL)(1 )(h) and (LLLLLL)(1 )(h). 

OAC 3745-31-06 Completeness determinations, processing requirements, public 

participation, public notice, and issuance 

• Paragraph (E) has been reformatted. 

OAC 3745-31-11 Attainment provisions • ambient air increments, ceilings and 

classifications 

• The second occurrence of "PM1 0" has been deleted from the table. 

OAC 3745-31-23 Nonattainment provisions • stationary sources locating in 

designated clean or unclassifiable areas which would cause or contribute to a 

violation of a national ambient air quality standard 

• The table in paragraph (A) has been amended to include a significance level for the 

hourly. N02 standard of 10.0 j.Jg/m3

• 

OAC 3745-31·24 Nonattainment provisions • baseline for determining credit for 

emission and air quality. offsets 

• Paragraph (8)(1 )(a) has been amended to clarify when a pounds per hour basis might 

be used to calculate credit for emission offsets. 

• Paragraph {F)(2) has been amended to add the phrase "that do not meet the 

requirements of paragraph (F)(1 )" and deleted the phrase "in the absence of an 

approved attainment demonstration" to be consistent with the federal rule. 
Rule Synopsis: Proposed rule language for Ohio Administrative 

Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 

NSR Implementation Final Rules. 

Changes made as a result of draft review: 

3 

On April 25, 2009, Ohio EPA released a draft of these rules for a 32-day public draft 

review. Ohio EPA received numerous comments on the draft. The numerous comments 

and various federal rule changes led Ohio EPA to release another draft of these rules on 

April10, 2013. Ohio EPA received numerous comments on this draft issuance and made 

numerous changes that are included in this synopsis. 

The changes presented in the draft are enumerated below, and along with the above 

changes resulting from public comments, are the changes which will be proposed to the 

Joint Committee on Agency Rule Review (JCARR). 

OAC 3745·31·01 Definitions 

• Paragraph (L) has been amended to clarify that any Ohio rule or law or provision in the 

Ohio state implementation plan (including revisions) approved or promulgated by U.S. 

EPA is included in the "applicable laws" definition. We are suggesting this amendment 

to provide clarity and maintain consistency with OAC rule 37 45-77-01. 

• Paragraph (NN) has been amended to change the definition to "emergency engine" 

instead of 'emergency generator" to be consistent with the exemptions in OAC rule 

3745-31-03. Additional changes were made to paragraph (NN) to be consistent with 

federal rule changes. 

• Paragraph (LLL) - the numbering and some language in this paragraph has been 

changed for clarity. 

• Paragraph (NNN) has been amended to change "nitrogen dioxides" to "nitrogen oxides" 

as the regulated pollutant 

• Paragraph (WV)(3)(e) has been amended to clarify when a decrease in actual 

emissions is creditable. 

• Paragraph (XXX) has been amended to clarify that NSR projects are those that require 

a permit. 

• Paragraph (UUUU) has been amended to clarify that PM2.5 direct emissions are solid 

particles 'with an aerodynamic diameter less than or equal to a nominal 2.5 

micrometers." The term "sea salt" was also deleted as a source of PM2.5 direct 

emissions, since this would not be a source encountered in Ohio. 

• Paragraph (KKKKK) - the term "the following applies" has been changed to "the 

following apply'' to be grammatically correct. 

• Paragraph (NNNNN)(2)(a)(ii) has been amended to delete the phrase "to the 

administrator." 

• Paragraph (LLLLL) has been amended to change the language "the following occurs" to 

"the following occur" to be grammatically correct. 

• Paragraph (DDDDDDO has been amended to change the word "construction" to 

"operation" to clarify the definition and timeframe for a temporary source. 

OAC 3745-31-10 NSR projects at existing emissions units at a major stationary 

source 
Rule Synopsis: Proposed rule language for Ohio Administrative 

Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 

NSR Implementation Final Rules. 

4 

• Paragraph (A) of this rule will be amended to reflect the language in the federal rule 

and to clarify that NSR projects are only those projects that require an installation 

permit. A definition for "reasonable possibility'' was added to clarify when this rule is 

applicable and to be consistent with the federal rule. 

OAC 3745-31-11 Attainment provisions - ambient air increments, ceilings and 

classifications 

• The table header in this rule will be amended to change ~g/cm to ~g/m , to clarify that 

the denominator is cubic meters, not centimeters. 

OAC 3745-31-19 Attainment provisions- notice to the United States environmental 

protection agency 

• Paragraph (D) of this rule will be amended to change the maximum allowable increase 

for PM10 from 20 to 30 ~g/m 3 to be consistent with federal rules. 

OAC 3745-31-24 Nonattainment provisions - baseline for determining credit for 

emission and air quality offsets 

• Paragraph (F) of this rule has been amended to add the term 'legally and practicably 

enforceable by the state" to be consistent with the definition for "potential to emit." 

• Paragraph (G) of this rule has been deleted because a commenter pointed out that the 

paragraph is redundant and unnecessary. The following paragraphs in the rule were 

renumbered as a result of this deletion. 

OAC 3745-31-26 Nonattainment provisions- offset ratio requirements 

• Paragraph (D}(2)(a)(i) of this rule has been renumbered and reformatted as (D)(2)(b). 

OAC 37 45-31-27 Nonattainment provisions • administrative procedures for emission 

offsets 

• Paragraph (A)(1}(b) of this rule has been amended by adding a paragraph break to 

maintain consistency with rule formatting. Also, the term "legally and practicably 

enforceable by the state" was added to be consistent with the definition of "potential to 

emit." 

OAC 3745-31-29 General permit-to-install and general PTIO 

• Paragraph (B) of this rule has been amended to change the term "if the following apply" 

to "if all of the following apply" to clarify that all conditions must be met for a general 

permit to be obtained. Also, the term "source are not affected sources" was changed to 

"source is not an affected source" to be grammatically correct. 
Rule Synopsis: Proposed rule language for Ohio Administrative 

Code (OAC) Chapter 3745-31 to ·rncorporate the PM 2.5 

NSR Implementation Final Rules. 

Original draft changes presented for comment in Aoril 23, 2013 draft: 

OAC 3745-31-01 Definitions 

5 

DAPC is suggesting several changes to this rule as presented below in descending order 

(Paragraph (A) through paragraph (KKKKKK)). 

• Paragraph (L) will be amended to include any standard or other requirements provided 

for in the Ohio state implementation plan (including revisions) approved or promulgated 

by U.S. EPA in the "applicable laws" definition. We are suggesting this amendment to 

provide clarity and maintain consistency with OAC rule 3745-77-01. 

• Paragraph (M) will be amended to delete the term "light-duty" to specify that auto body 

refinishing facilities are able to perform collision repair and refinishing on any type of 

truck, when complying with the requirements in the auto body refinishing facility permitby-rule. 

• Paragraph (P) defines the PM2.5 air quality impact as 0.3 micrograms per cubic meter. 

• Paragraph (II) includes PM2.5 and PM1 0 as criteria pollutants and deletes particulate 

matter as a criteria pollutant. 

• Paragraph (MM) defines the new term, "emergency". This new term corresponds with 

the emergency exemptions in OAC rule 37 45-31-03. 

• Paragraph (NN) defines the new term, "emergency generator." This new term 

corresponds with the emergency generator exemptions in OAC rule 3745-31-03. 

• Paragraph (LLL) identifies "nitrogen dioxides" as a precursor to ozone. This change 

also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478). 

This is consistent with the federal rule language in 40 CFR 51.166(b)(1)(ii). Also 

deleted a typo: OAC rule 3745-31-31 does not exist. 

• Paragraph (MMM) identifies the major source baseline date for PM10 and PM2.5. 

• Paragraph (NNN) identifies "nitrogen dioxides" as a precursor to ozone. This change 

also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478). 

• Paragraph (QQQ) identifies the minor source baseline date for PM1 0 and PM2.5. 

• Paragraph (SSS) will be amended to update the significant ambient air quality impact 

levels for triggering a minor source permit modification for NAAQS pollutants. These 

levels reflect the federal significant monitoring concentrations for PSD sources. 

• Paragraph (VVV) will be revised to incorporate clarifying language for the 

contemporaneous period of an increase or decrease of actual emissions in the "net 

emissions increase" definition. 

• Paragraph (QQQQ) defines a new term, "permanent". This term is one ofthe federally 

required criteria for an air quality emission offset and the incorporation will maintain 

consistency with OAC rule 3745-111-01. 

• Paragraph (TTTT) defines a new term, "PM2.5" as prescribed by U.S. EPA's PM2.5 

NSR Implementation final rule. 

• Paragraph (UUUU) defines a new term, "PM2.5 direct emissions" as prescribed by U.S. 

EPA's PM2.5 NSR Implementation final rule. 

• Paragraph (VVVV) defines a new term, "PM2.5 emissions" as prescribed by U.S. EPA's 

PM2.5 NSR Implementation final rule. 
Rule Synopsis: Proposed rule language for Ohio Administrative 

Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 

NSR Implementation Final Rules. 

6 

• Paragraph (WWWW) defines a new term, "PM2.5 precursor" as prescribed by U.S. 

EPA's PM2.5 NSR Implementation final rule. This change also addresses Infrastructure 

SIP deficiencies identified by U.S. EPA (77 FR 65478). 

• Paragraph (IIIII) defines a new term, "publicly owned treatment works" or"POTW". This 

term corresponds with a new POTW exemption in OAC rule 3745-31-03. 

• Paragraph (JJJJJ) defines a new term, "quantifiable." This term is one of the federally 

required criteria for an air quality emission offset and this incorporation will maintain 

consistency with OAC rule 3745-111-01. 

• Paragraph (NNNNN) will be amended to incorporate PM2.5 precursors for direct PM2.5 

emissions and PM2.5 condensable emissions language. Ohio EPA suggests the 

incorporation of NOx and S02 as PM2.5 precursors. The amended language is found 

in both the nonattainment and attainment sections of this paragraph. 

• Paragraph (TTTTI) defines a new term, "semi-public disposal system." This term 

corresponds with a new POTW exemption in OAC rule 3745-31-03. 

• Paragraph (UUUUU)will be updated to change particulate matter to PM10 and PM2.5. 

• Paragraph (WVW) defines significant emission rates for PM10 (instead of PM) and 

PM2.5, and adds nitrogen oxides as an indicator for the ozone significant emissions 

rate. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA 

(77 FR 65478). 

• Paragraph (BBBBBB) defines a new term, "surplus." This term is one of the federally 

required criteria for an air quality emission offset and the incorpbration will maintain 

consistency with OAC rule 3745-111-01. 

• Paragraph (DDDDDD) clarifies the time at which the two year timeframe begins for a 

temporary source. 

• Paragraph (KKKKKK) "incorporation by reference" section will be called "referenced 

materials." Clarifying language and updated references will also be incorporated in this 

paragraph. 

OAC rules 3745-31-02, 3745-31-12, 3745-31-15, 3745-31-17,3745-31-18, 3745-31-20, 

3745-31-28, 3745-31-29 and 3745-31-32 

• These rules contain the term "incorporation by reference." The only change to these 

rules is to change this term to "referenced materials." 

OAC rule 3745-31-06 Completeness determinations, processing requirements, public 

participation, public notice, and issuance 

• Paragraph (I) will be added to incorporate clarifying language for notification procedures 

to the federal land managers (FLMs). This language specifies how Ohio EPA will notify 

FLMs when their respective area(s) is affected by any proposed new major stationary 

source or major modification that may affect visibility in any Federal Class I area. It also 

indicates how Ohio EPA will respond to any analysis performed by the FLMs. 

OAC rule 3745-31-07 Termination, revocation, expiration, renewal, revision and 

transfer 

• A misspelling of the word "variance" will be corrected in paragraph (B)(2). 

OAC rule 3745-31-08.., Registration status permit-to-operate 
Rule Synopsis: Proposed rule language for Ohio Administrative 

Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 

NSR Implementation Final Rules. 

7 

• The rule contains several minor changes for clarification and to fix formatting issues. 

OAC rule 3745-31-09 Variances on operation 

• Paragraph (F)(1 )(d) will be deleted and added to paragraph (F)(2). Paragraph (F)(2) 

now clarifies that a reduction in emissions does not constitute a significant difference 

that warrants a renewal of an approved variance. 

OAC rule 3745-31-10 NSR projects at existing emissions units at a major stationary 

source 

• The reference to paragraph (AAAAA) of OAC rule 3745-31-01 will be updated to 

reference paragraph (GGGGG) of OAC rule 3745-31-01. This references the same 

rule, the lettering has changed. 

OAC rule 3745-31-11 Attainment provisions- ambient air increments, ceilings and 

classifications 

• The table in paragraph (B) of this rule will be amended to define the maximum 

allowable increases in ambient air pollutant concentration over the baseline 

concentration in Class I, II and Ill areas for PM2.5, pursuant to U.S. EPA's 

requirements for establishing increments, significant impact levels, and a significant 

monitoring concentration for fine particulate pollution. 

OAC rule 37 45-31-13 Attainment provisions- review of major stationary sources and 

major modifications, stationary source applicability and exemptions. 

• Paragraph (H) will be amended to incorporate PM2.5 exemption levels with respect to 

ambient monitoring, pursuant to U.S. EPA's requirements for establishing increments, 

significant impact levels, and a significant monitoring concentration for fine particulate 

pollution. 

OAC rule 3745-31-16 OAC rule 3745-31-13 Attainment provisions· review of major 

stationary sources and major modifications, stationary source applicability and 

exemptions. 

• Paragraph (C) will be added to incorporate significant impact levels for PM2.5, pursuant 

to U.S. EPA's requirements for establishing increments, significant impact levels, and a 

significant monitoring concentration for fine particulate pollution. 

OAC rule 3745-31-19 Attainment provisions - notice to the United States 

environmental protection agency 

• The table in paragraph (D) will be amended to include maximum allowable increases 

for PM2.5 and to revise the maximum allowable increase for PM10 from 20 to 30 

micrograms per cubic meter, pursuant to U.S. EPA's requirements for establishing 

increments, significant impact levels, and a significant monitoring concentration for fine 

particulate pollution. 

OAC rule 37 45-31-21 Nonattainment provisions- review of major stationary sources 

and major modifications - stationary source applicability and exemptions 
Rule Synopsis: Proposed rule language for Ohio Administrative 

Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 

NSR Implementation Final Rules. 

8 

• Paragraph (D) will be amended to clarify that major modifications (in addition to major 

stationary sources) of PM 1 0 precursors shall be subject to the control requirements that 

are applicable under plans in effect under Section 189 of the Clean Air Act. 

OAC rule 3745-31-22 Nonattainment provisions· conditions for approval 

• Paragraph (A}(3}(b) will be amended to incorporate permissible language for emission 

offset interprecursor trading for PM2.5 emissions and PM2.5 precursors. 

• Paragraph (A)(5) will be added to incorporate reasonable further progress language 

consistent with 40 CFR Part 51, Appendix S. 

OAC rule 3745-31-23 Nonattainment provisions - stationary sources locating in 

designated clean or unclassifiable areas which would cause or contribute to a 

violation of a national ambient air quality standard 

• The table in Paragraph (A) will be amended to delete significant levels for TSP and to 

add significant levels for PM2.5. 

• Paragraph (C) will be amended to include PM2.5 in the list of pollutants for which the air 

quality impact must be assessed on a case-by-case basis using dispersion modeling. 

OAC rule 3745-31-24 Nonattainment provisions· baseline for determining credit for 

emission and air quality offsets 

• Paragraph (B) will be reorganized and amended to provide clarity and maintain 

consistency with the latest amendments of 40 CFR Part 51, Appendix S. 

• Paragraph {F) will be reorganized and amended to provide clarity and maintain 

consistency with 40 CFR Part 51, Appendix S. 

• Paragraph (G) will be added to maintain consistency with 40 CFR Part 51.165. 

OAC rule 3745-31-25 Nonattainment provisions -location of offsetting emissions 

• Paragraph (B) will be amended to maintain consistency with 40 CFR Part 51, Appendix 

s. 

• PM2.5 emissions will be incorporated in this rule as prescribed by U.S. EPA's PM2.5 

NSR implementation final rule. 

• To meet Legislative Services commission requirements, because the changes to this 

rule constituted deleting and! or replacing more than 50%of the text of the rule, the rule 

is being rescinded and replaced as a new rule with the above changes to the original 

language. 

OAC rule 3745-31-26 Nonattainment provisions- offset ratio requirements 

• Paragraph (A) will be reorganized to provide clarity and amended to incorporate PM2.5 

and PM2.5 interprecursor emission offset trading. 

• Paragraph (B) will be relocated from paragraph (C)(7). 

• Paragraph (C) will be relocated from paragraph (A) and revised to maintain consistency 

with 40 CFR Part 51, Appendix S. 

• Paragraph (D) is a new paragraph that incorporates the PM2.5 nonattainment area 

interprecursor offset ratios for 802 and NOx. 

• Paragraph (E) will be relocated from paragraph (B) and revised for simplicity and clarity. 
Rule Synopsis: Proposed rule language for Ohio Administrative 

Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 

NSR Implementation Final Rules. 

9 

• To meet Legislative Services commission requirements, because the changes to this 

rule constituted deleting and/or replacing more than 50% of the text ofthe rule, the rule 

is being rescinded and replaced as a new rule with the above changes to the original 

language. 

OAC rule 3745·31-27 Nonattainment provisions • administrative procedures for 

emission offsets 

• Paragraph (A)(1 )(b) will be amended to darify that emission reductions will be federally 

enforceable if reductions are written into a federally enforceable permit. 

OAC rules 3745·31-30 and 3745-31-31 

• These rules are currently [Reserved], but have been detemnined to be unnecassary, so 

DAPC will be rescinding these rules.