### 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 33745-31-27

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 33745-31-29 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 JPA:b. n , 

### ,etlfa 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 "13745-31-32 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 or3745-31-32 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 completeness3745-31-32 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 & OrdersBEFORE 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••lll)R.I''Tec,ronu;··..·ueTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorlegislativeServiceCommission77SouthHighSt.,9thFl.ootColumbus,OH43215LarryWolpert,Dir-ectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourselevelColumbus,OH43215-ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyoriginalfiledthefollowingrule(s)pursuanttosection119.03oftheOhioRevisedCode.PackageNumber:109738FileDateandTime:01/10/201411:39AMConfirmationNumber:a4955cb7 a79e9938923f331d9dfbd4ORIGINALFILERuleNumberTypeFYRCSIJEDateEffDateNextFYRTagline3745-31-22Amendmenty y03/16/2014Nonattainmentprovisions-conditionsforapproval.Nonattainmentprovisions-stationarysourceslocatingin3745-31-23Amendmentyy03/16/2014designatedcleanorunclassifiableareaswhichwouldcauseorcontributetoaviolationofanationalambientairqualitystandard.3745-31-24Amendmentyy03/16/2014Nonattainmentprovisions-baselinefordeterminingcreditforemissionandairqualityoffsets.3745-31-25Rescissionyy03/16/2014Nonattainmentprovisions-locationofoffsettingemissions.3745-31-25NewNy03/16/2014Nonattainmentprovisions-locationofoffsettingemissions.3745-31-26Rescissionyy03!1612014Nonattainmentprovisions-offsetratiorequirements.3745-31-26NewNy03/16/2014Nonattainmentprovisions-offsetratiorequirements.3745-31-27Amendmentyy03/1612014Nonattainmentprovisions-administrativeproceduresforemissionoffsets.3745-31-28Amendmentyy03/16/2014ReviewofmajorstationarysourcesofhazardousairpollutantsrequiringMACTdeterminations.3745-31-29Amendmentyy0311612014Generalpermit-to-installandgeneralPTIO.3745-31-30Rescissiony y03116/2014Reserved.Page1RuleNumber3745-31-313745-31-32TypeFYRCSIJEDateRescissionYAmendmentYyy03/16/201403/16/2014EffDateNextFYRTaglineReserved.Plantwideapplicabilitylimit(PAL).Page2ecfronicRuleJUinfTheHonorableJonHustedSecretaryofState180E.BroadSl,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission17SouthHighSt,,9thFloorColumbus,OH43215larryWolpert,.DirectorJointCommitteeonAgencyRuleReview17SouthHighSt.,ConcourseLevelColumbu$,0H43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyoriginalfiledthefollowingrule(s)pursuanttosection119.03oftheOhioRevisedCode.PackageNumber:109737FileDateandTime:ConfirmationNumber:01/10/201411:31AM6078193ca6259b75f33e6eac14af47ORIGINALFILERuleNumberTypeFYRCSIJEDateEffDate3745-31-01Amendmenty y03/16/20143745-31-02Amendmenty y03/16/20143745-31-04Amendmentyy03/16/20143745-31-06Amendmenty y03116/20143745-31-07Amendmenty y03/16120143745-31-08Amendmentyy03116/20143745-31-09Amendmenty y03/16120143745-31-10Amendmentyy03/16/20143745-31-11Amendmenty y03116/20143745-31-12Amendmenty y03/16/20143745-31-13Amendmenty y.03/1612014Page1NextFYRTaglineDefinitions.Applicability,requirements,andobligations.Applications.Completenessdeterminations,processingrequirements,publicparticipation,publicnotice,andissuance.Termination,revocation,expiration,renewal,revisionandtransfer.Registrationstatuspermit-to-operate.Variancesonoperation.NSRprojectsatexistingemissionsunitsatamajorstationarysource.Attainmentprovisions-ambientairincrements,ceilingsandclassifications.Attainmentprovisions-datasubmissionrequirements.Attainmentprovisions-reviewofmajorstationarysourcesandmajormodifications,stationarysourceapplicabilityandexemptions.RuleNumberTypeFYRCSIJEDateEffDateNextFYRTagline3745-31-14Amendmentyy0311612014Attainmentprovisions-preapplicationanalysis.3745-31-15Amendmentyy0311612014Attainmentprovisions-controltechnologyreview.3745-31-16Amendmentyy03116/2014Attainmentprovisions-majorstationarysourceimpactanalysis.3745-31-17Amendmentyy03/1612014Attainmentprovisions-additionalimpactanalysis.3745-31-18Amendmenty y0311612014Attainmentprovisions-airqualitymodels.3745-31-19Amendmentyy0311612014Attainmentprovisions-noticetotheUnitedStatesenvironmentalprotectionagency.3745-31-20Amendmenty y03/1612014Attainmentprovisions-innovativecontroltechnology.3745-31-21Amendmentyy03116/2014Nonattainmentprovisions-reviewofmajorstationarysourcesandmajormodifications-stationarysourceapplicabilityandexemptions.Page2

# Article Ill

Attachment B

RSFAs

## ACTION: Refiied PA 'T'Q • (1J1 10911()1 Li :; · 

### r• P]Vi 1

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.. _ -··-" I2, ;-.,

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... 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 applicablePage4 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? NoPage 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 12(l! ll.**j~** " '

, \_,, .'7 f 3. "'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 wouldPage 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 previouslyPage 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 yourPage4 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

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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 ApplicablePage 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.

$0.00Page4 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? NoPageS 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 

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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 ofPage 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.C T'ICJ

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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 

## PM '

- ' '• I !**~** 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 ifPage 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 thePage 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 applicablePage4 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 rangePage 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.'**,--.~''()]** ,.**l~** 

## fi 

## l ' LH

. t o 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 modificationPage4 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 allPage4 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 applicablePage4 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

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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'HiiPage2 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 allPage4 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

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### 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.

$0.00Page 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? NoPage 5 Rule Number: 3745-31-21

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### 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 wasPage3 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

### . "'- ('Til'IN!· R·**"'t"Il'~cl** t·.n

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ft_ J

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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.

'.'

. .'.iPage 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.

### DA TP · 

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### 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 contentPage2 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 ANALYSISPage4 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'):;. 

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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) anyPage 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 controlPage 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 

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### 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 withPage3 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 thePage4 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? NoI I I

I I
I I 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 byPage3 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!=·'· 

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### 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, providePage3 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 aPage 5 Rule Number: 3745-31-26

condition of compliance? No

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## · 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 applicablePage4 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 applicablePage4 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 AgendaFINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEWAgenda-3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)ConsentFINALAGENDA1BuraayofWorkers•Compensation..23TotalRules:2OriginalFilingDate:1/23/2014RuleActionCSIFYRRuleNumberAmendmentOriginalFilingYesNo4123-6-21.1NewRuleOriginalFilingYesNo4123-6-21.5QfAdmini!ltl:l!tilleServices•Divisionof!:IumanResourcesTotalRules:1OriginalFilingDate:1/17/2014RuleIyneAction.Q.§jEXBBuleNumberAmendmentOriginalFilingNoYes123:1-3-01Del!artmen!gfAgiog•TotalRules:19OriginalFilingDate:1/14/2014RY!!L'IllllilActionCSIFYBRuleNumberRescissionOriginalFilingYesYes173-9-01NewRuleOriginalFilingYesNo173-9-01RescissionOriginalFilingYesYes173-9-02NewRuleOriginalFilingYesNo173-9-02RescissionOriginalFilingYesYes173-9-03NewRuleOriginalFilingYesNo173-9-03NewRuleOriginalFilingYesNo173-9-03.1RescissionOriginalFilingYesYes173-9-04NewRuleOriginalFilingYesNo173-9-04NewRuleOriginalFilingYesNo173-9-04.1RescissionOriginalFilingYesYes173-9-05JurisdictionEnds:3/29/2014PublicHearing:3/4/2014RuleTitlePaymentforoutpatientmedicationbyself-insuringemployer.Standarddosetaperingschedules.BuleTitlePositionaudits.RuleTitleJurisdictionEnds:3/23/2014JurisdictionEnds:3/20/2014Introductionanddefinitions.Introductionanddefinitions.Applicability.Applicability.Freedatabasereviews.PublicHearing:2/19/2014PublicHearing:3/19/2014Reviewingdatabases{forallresponsiblepartiesexcepttheself-employed).Reviewingdatabases{fortheself-employed).Generalrequirements.Whentocheckcriminalrecords,informapplicants,chargefees,anduseforms(forallresponsiblepartiesexcepttheself-employed).Whentocheckcriminalrecords,payfees,anduseforms(fortheself-employed).Conditionalemployment.Clickon:theru!anumberInblueabovetovtewtherulein!tsentirelyontheRegisterofOhiowebsite,.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarrstateoh.us•Page1•311712014FINALAGENDANewRuleOriginalFilingAmendmentOriginalFilingYesNoYesYesJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)173-9-05173-9-06Conditionalhiring.Disqualifyingoffenses.FINALAGENDAAmendmentOriginalFilingYesYesYesYesYesNo173-9-07173-9-08173-9-08Disqualifyingoffenseexclusionaryperiods;limitedgrandfathering;certificates;pardons.RescissionOriginalFilingRecords.NewRuleOriginalFilingRecords:confidentialityandretention.RescissionOriginalFilingYesYes173-9-09Immunityfromnegligenthiring.NewRuleOriginalFilingYesNo173-g.ogImmunityfromnegligenthiring.RescissionOriginalFilingYesYes173-9-10Disciplinaryactions.4DepartmentofCommerce•BoardofBuildingStandards:OhioBuildingCodeTotalRules:6OriginalFilingDate:1128/2014Ry!!lIY!:!!lA!;!iQn1&1FYRAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoRuleTitleDefinitions.JurisdictionEnds:4/3/2014RuleNumber4101:1-2-014101:1-3-014101:1-10-01Useandoccupancyclassification.Meansofegress.4101:1-11-01Accessibility.4101:1-13-01Energyefficiency.AmendmentOriginalFilingYesNo4101:1-17-01Structuraltestsandspecialinspections.TotalRules:1OriginalFilingDate:1/28/2014DateofRevisedFiling:2/14/2014JurisdictionEnds:4/3/2014RuleTypeActionCSIFYRRuleNymberRuleTitleAmendmentRevisedFilingYesNo4101:1-1-01Administration.5DepartmentofCommerce•BoardofBuildingStandards:OhioPlumbjngCodeTotalRules:6OriginalFilingDate:1/28/2014RulgTYP!lActionCSIITBAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoRuleNumber4101:3-2-014101:3-3-014101:3-4-014101:3-6-014101:3-10-01RuleTitleDefinitions.JurisdictionEnds:4/3/2014Generalregulations.Fixtures,faucetsandfixturefittings.Watersupplyanddistribution.Traps,interceptorsandseparators.AmendmentOriginalFilingYesNo4101:3-13-01Referencedstandards.6DepartmentofCommerce·BoardofBuildingStandards:ResidentialCodeofOhi_oClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterafOhiowebsite,PublicHearing:2/28/2014PublicHearing:2/28/2014PublicHearing:2/28/2014JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.tJS•Page2•311712014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)TotalRules:8OriginalFilingDate:112812014RuleTypeActionCSIFYRAmendmentOriginalFilingYesNoAmendmentOriginalFilingAmendmentOriginalFilingAmendmentOriginalFilingAmendmentOriginalFilingYesNoYesNoYesNoYesNoRuleNumber4101:8-2-014101:8-3-014'101:8+014'101:8-6-014101:8-11-01RuleTitleDefinitions.Buildingplanning.Foundations.Wallconstruction.Energyefficiency.AmendmentOriginalFilingYesNo4101:8-15-01Exhaustsystems.JurisdictionEnds:41312014AmendmentOriginalFilingYesNo4101:8-20-01Boilersandwaterheaters.AmendmentOriginalFilingYesNo4101:8-44-01Referencedstandards.TotalRules:1OriginalFilingDate:112812014DateofRevisedFiling:211412014JurisdictionEnds:4/312014RuleTvpeActionQ;ilFYRRuleNumberRuleTitleAmendmentRevisedFilingYesNo410·1:8-1-01Administration.7DepartmentofCommerce•BoardofBuildingStandards:CertificationRulesTotalRules:1OriginalFilingDate:1128/2014JurisdictionEnds:4/3/2014BuleIypeActionCSIFYRRuleNumberRuleTitleRescissionOriginalFilingYesYes4101:7-3-01Buildingdepartmentpersonnelcertification.TotalRules:3BuleTvo'!AmendmentOriginalFilingDate:1/28/20148Q!iQnCSIDRRevisedFilingYesNoDateofRevisedFiling:2/14/2014JurisdictionEnds:413/2014RuleTitleGeneral.FINALAGENDAPublicHearing:2/2812014PublicHearing:2/2812014PublicHearing:2/28/2014PublicHearing:2/28/2014NewRuleRevisedFilingYesNewRuleRevisedFilingYesNoNoRuleNumber4101:7+014101:7-3-014101:7-6-01Residentialandnon-residentialbuildingdepartmentpersonnelcertification.Criteriaforboardrecognitionofaccreditationbodies,conformityassessmentbodies,andindustrytradeassociationcertificationprograms.8DepartmentofHealth•TotalRules:1OriginalFilingDate:1/31/2014&<lim!CSIDRAmendmentRevisedFilingYesYes9QepartmenlofInsurance•TotalRules:1OriginalFilingDate:1/8/2014BuleIype&<lim!Q;ilFYRAmendmentRefiledFilingYesYesDateofRevisedFiling:2/5/2014JurisdictionEnds:416/2014BuleNumberBulaTitle3701-43-01Definitions.DateofRefiledFiling:2/21/2014JurisdictionEnds:3/23/2014RuleTitleRuleNumber3901-1-14Creditlifeandcreditaccidenthealthinsurance.Clickontherulenumberinblueabovetoviewtherule-InItsenUretyontheRegisterofOhiowebsite.PublicHearing:3/12/2014PublicHearing:2/10/2014JCARR77SouthHighStreet•ConcDUiSG-feveJ•COJUinbUS,--Ohio43215•(614)•wwv".jcarr.state.ohus•Page3•3117/2014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)10DepartmentofJobandFamilvServices•ChildSupportTotalRules:2OriginalFilingDate:1/29/2014RuleTypeActionCSIFYRRuleNumberAmendmentOriginalFilingNoYes5101:12-1-51AmendmentOriginalFilingNoNo5101:12-1-8011DepartmentofJobandFamilyServices•DivisionofPublicAssistanceTotalRules:1OriginalFilingDate:1/31/2014RuleTypeAction£&[FYRAmendmentOriginalFilingNoYesRuleNumber5101:1-2-7012DepartmentofJobandFamilyServices•DivisionofPublicAssistanceTotalRules:4OriginalFilingDate:1/29/2014BylgTyp!l£&[FYRRuleNumberRescissionOriginalFilingNoYes5101:1-2-30."1NewRuleOriginalFilingNoNo5101:1-2-30.1JurisdictionEnds:4/4/2014RuleTitleMandatoryCSEAfiscalreports.IV-Dcontracts:overview.JurisdictionEnds:4/6/2014RuleTitleIssuanceofcashassistancebenefits.JurisdictionEnds:4/4/2014BuleTilleBenefiteligibility:victimsoftrafficking.Benefiteligibility:victimsoftrafficking.FINALAGENDAPublicHearing:3/4/2014PublicHearing:3/4/2014PublicHearing:3/4/2014RescissionOriginalFilingNoNewRuleOriginalFilingNoYesNo5101:1-2-30.35101:1-2-30.3Benefiteligibility:familymembersofvictimsoftrafficking.Benefiteligibility:familymembersofvictimsoftrafficking.13DenartmentofJobandFamihi.hrvlces•Divlsicm.ofl'ublic.AssistanceTotalRules:1OriginalFilingDate:1/31/2014JurisdictionEnds:4/6/2014RuleTypeAction£&[EiRRuleNumberRuleTitleAmendmentOriginalFilingNoYes5101:·J-23-70Ohioworksfirst(OWF):erroneouspayments.14DepartmentofJobandFamilyServices•DivisionofPublicAssistanceTotalRules:2RuleTypeOriginalFilingDate:1/31/2014Action£&[FYBJurisdictionEnds:4/6/2014RuleTitlePublicHearing:3/4/2014PublicHearing:RescissionNewRuleOriginalFilingOriginalFilingNoYesNoNoBuleNumber5101:1-5-705101:1-5-70Disabilityfinancialassistance(DFA):interimassistance.Disabilityfinancialassistance(OFA):interimassistance.15Oepar!m§nlofJobandFamilyS!!rvlces•DivisionofSocialServicesTotalRules:6OriginalFilingDate:1/21/2014JurisdictionEnds:3/27/2014PublicHearing:2/25/2014ActionCSIFYBRul§NymberBuleTitleAmendmentOriginalFilingYesYes5101:2-42-05Selectionofaplacementsetting.AmendmentOriginalFilingYesYes5101:2-42..08Acceptanceoftemporarycustodybyagreementandcourt-approvedextensions.CHckantherulenumberInblueabovetoviewtheruleInitsentiretyontheRegisterofOhioJCARR77SouthHighStreet5ConcourseLevel·Columbus,Of1io43215•(614)466-4086•www.jcarr.state.oh.us•Page4•311712014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)AmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingNoYesYesYesYes5101:2-42-095101:2-42-18.15101:2-42-195101:2-42"19.2Acceptanceofpermanentcustodybypermanentsurrender.requirementsforfostercareplacements.Requirementsfortheprovisionofindependentlivingservicestoyouthincustody.Requirementsforprovisionofindependentlivingservicestoyoungadultswhohaveemancipated.16DepartmentofJobandFamilyServices•DivisionofSocialServicesTotalRules:1OriginalFilingDate:1/23/2014JurisdictionEnds:3/29/2014PublicHearing:2/25/2014RuleTypeActionCSIFYRRuleNumberRuleIitleAmendmentOriginalFilingNoYesTotalRules:1.OriginalFilingDate:1/23/2014RuleType8&llimQlliEYRAmendmentRevisedfilingNoYes5101:2-44-13Publicchildrenservicesagency(PCSA)administrationofthepostadoptionspecialservicessubsidy(PASSS)program.DateofRevisedFiling:2/20/2014JurisdictionEnds:3/29/2014PublicHearing:2/25/2014RuleNumber5101:2-44-13.1RuleTitleEligibilityandapplicationprocessforthepostadoptionspecialservicessubsidy(PASSS)program.17DepartmentofJobandFamilyServices•DivisionofSocialServicesTotalRules:4BYI!!J:¥peAmendmentAmendmentAmendmentAmendmentTotalRules:2RuleupeOriginalFilingDate:1/23/20148&llimQlliFYROriginalFilingNoYesOriginalFilingNoYesOriginalFilingNoYesOriginalFilingNoYesOriginalFilingDate:1/23/20148&llimCSIFYRAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesBuleNumber5101:2-47-015101:2-47-165101:2-47-17JurisdictionEnds:3/29/2014PublicHearing:2/25/2014BuleTitleAdministrationoftheTitleIV-Efostercaremaintenanceprogram(FCM).Fostercaremaintenanceprogramreimbursability:Reimbursableplacementsettings.Fostercaremaintenanceprogramreimbursability:ReimbursementsforFCMandchildcareforpublicfosterhomes,relativehomes,andpre-finalizedadoptivehomes.Fostercaremaintenanceprogramreimbursability:Reimbursementsrelatedtothe5101:2-47-18difficultyofcareneedsofachildplacedinafosterhome,relativehome,orpre-finalizedadoptivehome.DateofRevisedFiling:2/11/2014JurisdictionEnds:3/29/2014PublicHearing:2/25/2014RuleNumberRuleTjtle5101:2-33-295101:2-47-19VerificationofUnitedStatescitizenshipandimmigrationstatusforallchildreninfostercare.Fostercaremaintenanceprogramreimbursability:payments,reimbursements.graduationexpensesandpersonalincidentals.18DepartmentofJobandFamilyServices•ODJFSPracticesClickon!herulenumberinblueabovetoviewtherulelnitsentiretyontheRegisterafOhiowebsite.JCARR77SouthHlg/1Street•ConcourseLevel•Columbus.Ohio43215•(614)466·4086•www.jcerr.state.oh.us•Page5•3117!2014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearing Room)TotalRules:1OriginalFilingDate:1/29/2014JurisdictionEnds:4/4/2014RuleTyQ!i!ActionCSIE.YRRuleTitleFINALAGENDAPublicHearing:AmendmentOriginalFilingNoYes5101:9-6-3'1Countyshareofpublicassistanceexpendituresandthemandatedsharebudget.19PepartmentofMentalHealthandAddictionServices•TotalRules:6OriginalFilingDate:1/1312014RyleT)!g§8!<liml>&!E.YRAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoTotalRules:4OriginalFilingDate:1/1312014BulflTvg!lAction>&!E.YRAmendmentRevisedFilingYesYesNewRuleRevisedFilingYesNoNewRuleRevisedFilingYesNoNewRuleRevisedFilingYesNo20DeDartmentot!>ublicSaf!i!tv•TotalRules:2OriginalFilingDate:1/15/2014RuleTl(Q§ActionestFYRAmendmentRevisedFilingNoNoAmendmentRevisedFilingNoNo21!;!e!!atlm!!nlofPublic•TotalRules:9OriginalFilingDate:1/31/2014BYieTyge8!<liml>&!FYRAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginaIFilingYesNoDateofRevisedFiling:1/14/2014JurisdictionEnds:3/19/2014RuleNumber5'122-33-035122-33-045122-33-055122-33-12RuleTitleLicenseapplicationandrenewalprocedures.Applicationreviewprocess.Issuance,renewal,anddenialoflicenses.Facilitymanagementresponsibilities.5122-35-03Operatorstandards.5122-35-04Caregiverstandards.DateofRevisedFiling:2/412014JurisdictionEnds:3/19/2014ByleNumbgr5122-30-045122-30-315122-33-285122-35-11ByleTitleLicensureapplicationandprocedures.Backgroundinvestigationsforemployment.Backgroundinvestigationsforemployment.Backgroundinvestigationsforemployment.DateofRevisedFiling:1/17/2014JurisdictionEnds:3/21/2014RuleTitleDefinitions.PublicHearing:2/19/2014PublicHearing:2/19/2014PublicHearing:2/18/2014RuleNumber4501-7-014501-7-04Applicationforandrenewalofclass"0"andonlineschoollicenses.BtdeNumber4501-21-014501-21-024501-21-044501-21-054501-21-06RuleTitleDefinitions.Scope.JurisdictionEnds:4/6/2014Characterandfitness.PublicHearing:3/5/2014ApplicationforandrenewalofremedialdrivingcourseapprovaLCoursecurriculum.ClickontherulenumberinblueabovetoviewtheruleinItsentiretyontheRegisterofOhiowebsite,JCARR77SouthHighStreet•ConcourseLevel•Columbus;Ohfo43215•(614)466·4086wwwjcarr.state.ohus··Page6-·311712014FINALAGENDAAmendmentOriginalFilingYesNoJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)4501-21-08Advertisingandsolicitingbusiness.FINALAGENDAAmendmentOriginalFilingYesAmendmentOriginalFilingYesNoNo4501-21-124501-21-13Records,certificatesofcompletion,&courseevaluations.Classrooms.NewRuleOriginalFilingYesNo4501-21-15Ranges,vehicles,andinsuranceforadvancedjuveniledriverimprovementprograms.22DeoartmentofRehabilitationandCOrrection•DivisionofParoleandCommunitvServicesTotalRules:12OriginalFilingDate:1/29/2014RuleActionCSIEYBAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesRescissionOriginalFilingNoYesAmendmentOriginalFilingNoYesRescissionOriginalFilingNoYesNewRuleOriginalFilingNo NoRescissionOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesTotalRules:2OriginalFilingDate:1129/2014Bul!lI¥t!!!ActionCSIEYBAmendmentRevisedFilingNoYesNewRuleRevisedFilingNo NoTotalRules:2OriginalFilingDate:1/29/2014Bul!:lActionCSIFYRAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesTotalRules:3OriginalFilingDate:1/29/2014RuleType&;l!QnCSIFYRAmendmentRevisedFilingAmendmentRevisedFilingNoYesNoYesRuleNumber5120:1-8-025120:1-8-035120:1-8-065120:1-8-095120:1-8-115120:1-8-125120:1-8-125120:1-8-145120:1-8-155120:1-8-165120:1-8-175120:1-8-18BuleTitleClassification.Security.Communication.Medical.JurisdictionEnds:4/4/2014Recreationandprogramming.Prisonerdiscipline.InmateDisciplinaryProcess.Disciplinaryhearing.Administrativesegregation.Grievance.Staffing.Stafftraining.DateofRevisedFiling:1/30/2014JurisdictionEnds:4/4/2014RuleIi!leRuleNumber5120:1-8-015120:1-8-09Receptionandrelease.Medical/MentalHealth.DateofRevisedFiling:2/3/2014JurisdictionEnds:4/4/2014BuleNumberRuleTitle5·120:1-8-04Housing.5120:1-8-05Sanitationandenvironmentalconditions.DateofRevisedFiling:3/4/2014JurisdictionEnds:4/4/2014RuleNumber5120:1-7-025120:1-8-07RuleTitleGlossaryofterms.Visitation.ClickontherulenumberInblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.PublicHearing:3/7/2014PublicHearing:3/7/2014PublicHearing:3/7/2014PublicHearing:3/7/2014JCARR77SouthHighStreet•ConcourseLevel•COhiinb£IS,--bhlo43215•(614)466-4086•www.jcarr.state.oh.us•Page7•311712014FINALAGENDAAmendmentRevisedFilingNo23Ol!iQ81:!sCouncil•YesJOINTCOMMITTEEONAGENCYRULEREVlEW3/17/2014-1:30.l'.M.SenateFinanceHearingRoom(FinanHearingRoom)5120:1-8-10Foodservice.FINALAGENDATotalRules:25OriginalFilingDate:1/24/2014JurisdictionEnds:3/30/2014PublicHearing:Rul§Tyg!lAction.QlliEr'BRuleNyrnberRuleTitleAmendmentOriginalFilingNoYes3379-1-01Principaloffice.AmendmentOriginalFilingNoYes3379-3-01Annualmeeting.AmendmentOriginalFilingNoYes3379-3-02Specialmeetings.AmendmentOriginalFilingNoYes3379-3-03Placeofmeeting.AmendmentOriginalFilingNoYes3379-3-04Notice.AmendmentOriginalFilingNoYes3379-3-05Quorum.AmendmentOriginalFilingNoYes3379-3-06Votingrights.AmendmentOriginalFilingNoYes3379-3-07Organization.AmendmentOriginalFilingNoYes3379-3-08Noticetothepublic.AmendmentOriginalFilingNoYes3379-5-02Executivecommittee.AmendmentOriginalFilingNoYes3379-5-03Procedure.AmendmentOriginalFilingNoYes3379-7-01Number.AmendmentOriginalFilingNoYes3379-7-02Electionandtermofoffice.AmendmentOriginalFilingNoYes3379-7-03Vacancy.AmendmentOriginalFilingNoYes3379-7-04powersandduties.AmendmentOriginalFilingNoYes3379-7-05Secretary.AmendmentOriginalFilingNoYes3379-7-06Consultantstothecouncil.AmendmentOriginalFilingNoYes3379-7-07Advisorypanels.AmendmentOriginalFilingNoYes3379-7-08Compensation.AmendmentOriginalFilingNoYes3379-9-01Stateofartsreports.AmendmentOriginalFilingNoYes3379-9-02Conflictofinterestreports_AmendmentOriginalFilingNoYes3379-13-01Amendments.AmendmentOriginalFilingNoYes3379-15-02Proceduresforaccessingconfidentialpersonalinformation.AmendmentOriginalFilingNoYes3379-15-03Validreasonsforaccessingconfidentialpersoninformation.NewRuleOriginalFilingNo No3379-17-01GiftsandDonations.24QhioQepartm!!lllQ[Mgdical!!•TotalRules:1OriginalFilingDate:111012014DateofRef/ledFiling:2/18/2014JurisdictionEnds:3/2012014PublicHearing:211012014Clickontherulenumber!nblueabovetoviewtheru!a-InitsentiretyontheRegistarOfOhiowebsUe-.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.stata.oh.us•Page8•311712014FINALAGENDARuleTypeActionCSIFYRAmendmentRefiledFilingNo No25OpportunitiesforOhioanswithDisabilities•JOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)RuleNumber5160-2-21RuleTitlePoliciesloroutpatienthospitalservices.TotalRules:2OriginalFilingDate:1/1412014DateofRevisedFiling:217/2014JurisdictionEnds:3120/2014RuleType8l;lkmCSIFYRRuleNumberRuleTitleAmendmentRevisedFiling3304-1-'12Communityrehabilitationprogramstandards.FINALAGENDAPublicHearing:2/2012014AmendmentRevisedFilingYesYesYesYes3304-2-52Leastcost,useofcomparablebenefits,consumercontribution,andfeesforservices.26PetroleumUndergroundStorageTankReleaseCompensationBoard•TotalRules:1OriginalFilingDate:1/14/2014RuleTvo"ActionCSIFYRRul"NumberAmendmentOriginalFilingYesNo3737-1-0427PublicUtilitiesCommi§§lonofQ!JIQ•Mllli!rCiUd!!!:§TotalRules:2OriginalFilingDate:1/24/2014RuleT¥Q!l8l;lkmCSIFYRflyleNymbe[RescissionOriginalFilingNoYes4901:2-11-08RescissionOriginalFilingNoYes4901:2-11-0928PublicU!!lllill§CommlssiQUofOhio•UtilitiesTotalRules:5OriginalFilingDate:112912014RuleTyj;le8l;lkmCSIEYBBuleN!lmberAmendmentOriginalFilingYesYes4901:H4-01AmendmentOriginalFilingYesYes4901:1-14-02AmendmentOriginalFilingYesYes4901:H4-03Amendm.,ntOriginalFilingYesYes4901:1-14-04AmendmentOriginalFilingYesYes4901:1-14-0729lii<IJQQIB!!llremgn!lill§l!!m•TotalRules:3OriginalFilingDate:111512014Rul"TypeAction!&!EXBBuleNumberAmendmentOriginalFilingNoYes3309-1-04AmendmentOriginalFilingNoYes3309-1-09JurisdictionEnds:3/20/2014PublicHearing:2/1912014Ruler;tleAnnualpetroleumundergroundstoragetankfinancialassurancefee.certificationofcompliance,andfinancialresponsibility.JurisdictionEnds:3/30/2014BuleTitleIndicatingchanges.Requestslorspecialpermission.RuleTitleDefinitions.JurisdictionEnds:41412014Purposeandscope.Applicability.Reports.Audits.JurisdictionEnds:3121/2014Rul"TitleElectionofretirementboardmembers.Federaltaxation.PublicHearing:PublicHearing:PublicHearing:Clickontherulenumberinblueabovetoview!heruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)46(}..4086www.jcarr.stat&.ohus•Page9•311712014FINALAGENDAAmendmentOriginalFilingNoYesJOINTCOMMI'ITEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)3309-1-20Validityofmarriage.FINALAGENDA30StateBoardQff:mergenc)lMedical,Eir!!,angT[i!n§gortalionService.§•TotalRules:19OriginalFilingDate:1/1612014JurisdictionEnds:3/2212014PublicHearing:2/18/2014Rul§Action.Qill.E.'tBRuleNymberBuleTitlflRescissionOriginalFilingYesYes4765-11-01Definitions.NewRuleOriginalFilingYesNo4765-11-01Definitions.RescissionOriginalFilingYes Yes4765-11-02Classificationoffireservicetrainingprograms.NewRuleOriginalF'ilingYesNo4765-11-02Classificationoffirefighter,firesafetyinspectorandinstructortrainingcourses.RescissionOriginalFilingYes Yes4765-11-03Charteringoftrainingprograms.NewRuleOriginalFilingYesNo4765-11-03Qualificationsforafirecharter.RescissionOriginalFilingYes Yes4765-11-04Applicationforcharter.NewRuleOriginalFilingYesNo4765-11-04Applicationforafirecharter.RescissionOriginalFilingYesYes4765-11-05Renewalofcharter.NewRuleOriginalFilingYesNo4765-11-05Renewalofafirecharter.AmendmentOriginalFilingYesYes4765-11-06Notificationtoexecutivedirector.RescissionOriginalFilingYesYes4765-11-07Reinstatementofanexpiredcharter.NewRuleOriginalFilingYesNo4765-11-07Reinstatementofanexpiredfirecharterorclassification.RescissionOriginalFilingYesYes4765-11-08Reinstatementofarevokedcharterorclassification.NewRuleOriginalFilingYesNo4765-11-08Reinstatementofarevokedfirecharterorclassification.RescissionOriginalFilingYesYes4765-'11-09Volunteerfirefightercurriculum.NewRuleOriginalFilingYesNo4765-11-09Volunteerfirefightercourse.RescissionOriginalFilingYesYes4765-11-10FirefighterItransitioncoursecurriculum.NewRuleOriginalFilingYesNo4765-11-10FirefighterItransitioncourse.31Sl!!leBostdofMedics!,Eire,endT[ansuortationSe[l!'!Cftll•TotalRules:16OriginalFilingDate:111612014JurisdictionEnds:3/22/2014PublicHearing:2/18/2014BYIIlT¥flilActionCSIFYRRuleBUillTitlgRescissionOriginalFilingYesYes4765-11-11FirefighterIcuniculum.NewRuleOriginalFilingYesNo4765-11-11FirefighterIcourse.RescissionOriginalFilingYesYes4765-11-12FirefighterIItransitioncoursecurriculum.NewRuleOriginalFilingYesNo4765-11-12FirefighterIItransitioncourse.RescissionOriginalFilingYesYes4765-11-13FirefighterIIcurriculum.Clickontherulenumberinb!ueabovetoviewtheruleinitsentiretyontheRfJgisterofOhiowebsite.JCARR77SouthHiijfiStreet•ConcourseLevel•Columbui,-Ohio43215•{614)•WI-VW.jcatr.state.oh.us•Page10•3/1712014FINALAGENDANewRuleOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)4765-1'1-13FirefighterIandIIcourse.4765-11-14Firesafetyinspectorcurriculum.4765-11-14Firesafetyinspectorcourse.4765-11-15Fireserviceinstructorcurriculum.4765-11-15Fireinstructorandassistantfireinstructorcourse.4765-11-16FiresafetyinspectorinstructorcUrriculum.4765-11-16Firesafetyinspectorinstructorcourse.4765-11-17Firecharteroffsitelocations.4765-11-18Onlineeducationanddistancelearningforfiresafetyinspectorandinstructortrainingcoursesofferedthroughacharteredprogram.4765-11-19Writtenexaminationadministrationrequirements.4765-11-20Practicalexaminationadministrationrequirements.32S!§te!2Q!!rQofEmergencllM!idical,fj[g,andIrll!JSI:lor!ationServ!C!i§•TotalRules:7OriginalFilingDate:1/16/2014JurisdictionEnds:3/22/2014PublicHearing:2/18/2014BYI!lUllll&;!iQn1&1EYEBuleNymberBY!§TitleRescissionOriginalFilingYesYes4765-22-01Professionalstandardsofconductforfireservicetrainingcertificateholders.NewRuleOriginalFilingYesNo4765-22-01Professionalstandardsofconductforfirefighterandfiresafetyinspectorcertificateholders.RescissionOriginalFilingYesYes4765-22-02Professionalstandardsofconductforcertifiedinstructor.NewRuleOriginalFilingYesNoProfessionalstandardsofconductforinstructors.AmendmentOriginalFilingYesYes4765-23-01Investigationprocess_AmendmentOriginalFilingYesYes4765-23-02Administrativeactions.AmendmentOriginalFilingYesYes4765-23-03Reportofadministrativeactions.33Stat!!ofErn!!rl!flOCJlMedicel,Fire,illldTr!lnsgo[jationSe[llices•TotalRules:19OriginalFilingDate:1/16/2014JurisdictionEnds:3/22/2014PublicHearing:2/18/2014Ry!§T)'Q!ilActionCSIFYRBuill!',lumberBuillTitleRescissionOriginalFilingYesYes4765-20-01Generalprovisions.NewRuleOriginalFilingYesNo4765-20-01Generalprovisions_RescissionOriginalFilingYesYesQualificationsforacertificateoffirefightertraining.NewRuleOriginalFilingYesNo4765-20-02Qualificationsforafirefightercertificate.RescissionOriginalFilingYesYes4765-20-03Qualificationsforacertificateoffiresafetyinspectortraining.NewRuleOriginalFilingYesNo4765-20-03Qualificationsforafiresafetyinspectorcertificate.C!ickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegistl3rofOhiowebsite.JCARR77SouthHighStreet•ConcourseLeve/6Columbus,Ohio43215•{614)466-4086•www.jcarr.state.oh.us•Page11•311712014FINALAGENDARescissionOriginalFilingYesNewRuleOriginalFilingYesAmendmentOriginalFilingYesRescissionOriginalFilingYesNewRuleOriginalFilingYesRescissionOriginalFilingYesNewRuleOriginalFilingYesRescissionOriginalFilingYesNewRuleOriginalFilingYesRescissionOriginalFilingYesNewRuleOriginalFilingYesRescissionOriginalFilingYesNewRuleOriginalFilingYesYesNoYesYesNoYesNoYesNoYesNoYesNoJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)4765-20-04Applicationforacertificateoffiretraining.4765-20-04Applicationforafirefighter,firesafetyinspectororinstructorcertificate.4765-20-05Notification!otheexecutivedirectorofchangeofpersonalinformation.4765-20-06Firetrainingexaminations.4765-20-06Firefighter,firesafetyinspectorandinst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Yes4765-21-02FireseNiceinstructortrainingprogramentrancerequirements.NewRuleOriginalFilingYesNo4765-21-02Instructortrainingcourseentrancerequirements.RescissionOriginalFilingYesYes4765-21-03Criteriaforacertificatetoteachfireservicetraining.NewRuleOriginalFilingYesNo4765-2'1-03Qualificationsforaninstructorcertificate.RescissionOriginalFilingYes Yes4765-21-04Renewalofacertificatetoteachfireservicetraining.NewRuleOriginalFilingYesNo4765-21-04Renewalofafireinstructor,firesafetyinspectorinstructororassistantfireinstructorcertificatetoteach.RescissionOriginalFilingYes Yes4765-21-05Reinstatementofacertificatetoteachfireservicetraining.NewRuleOriginalFilingYesNo4765-21-05Eligibilityforreinstatementofafireinstructor,firesafetyinspectorinstructororassistantfireinstructorcertificatetoteach.RescissionOriginalFilingYesYes4765-21-06Qualificationforfireserviceinstructortrainers.NewRuleOriginalFilingYesNo4765-21-06Fireinstructorandfiresafetyinspectorinstructortrainers.RescissionOriginalFilingYesYes4765-21-01EMSinstructorseekingfireserviceinstructorcertification.NewRuleOriginalFilingYesNo4765-21-07EMSinstructorseekingfireinstructororfiresafetyinspectorinstructorcertification.RescissionOriginalFilingYes Yes4765-21-08Fireserviceinstructorcrossovercertification.NewRuleOriginalFilingYesNo4765-21-08Fireinstructororfiresafetyinspectorinstructorcrossovercertification.RescissionOriginalFilingYesYes4765-21-09Criteriaforacertificateofassistantfireinstructor.RescissionOriginalFilingYesYes4765-21-10Reinstatementofarevokedcertificate.NewRuleOriginalFilingYesNo4765·21-10Reinstatementofarevokedfireinstructorandfiresafetyinspectorinstructorcertificate.NewRuleOriginalFilingYesNo4765-21..11Voluntarysurrenderofcertificatetoteach.NewRuleOriginalFilingYesNo4765·21·12Reciprocityforfireinstructor.NewRuleOriginalFilingYesNo4765-21-13Exemptionforcontinuingeducation.36Stat!!fjoardofPbarmacll•TotalRules:2OriginalFilingDate:1/3112014JurisdictionEnds:4/6/2014PublicHearing:3/4/2014Clickontherulonumberinblueabovetoviewtherule!nitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel·Columbus.Ohio43215•{614)466-4086•wwwjcarr.stateoh.us•Page13•311712014FINALAGENDA.JOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30I'.M.SenateFinanceHearingRoom(FinanHearingRoom)RuleType Action.Q§lFYRRuleNumberRuleTitleNewRuleOriginalFilingYesNo4729-11-01Definitions.NewRuleOriginalFilingYesNo4729-11-02SchedulingofCompounds.37StateCommitteeforthePurchaseofProductsandServicesProvidedbyPersonswithSevereDisab!!!lli!li•TotalRules:15OriginalFilingDate:111512014JurisdictionEnds:3/2112014RuleType85;JiQn.Q§lEYBRuleNumberRuleTitleRescissionOriginalFilingNoRescissionOriginalFilingNoRescissionOriginalFilingNoRescissionOriginalFilingNoRescissionOriginalFilingNoYesYesYesYesYes4115-1-01Definitions.Purpose.Recommendations.Correspondenceandinquiries.Noticeofmeetings.FINALAGENDAPublicHearing:2/19/2014RescissionOriginalFilingRescissionOriginalFilingNoYesNoYes4115-3-014115-3-024115-3-034115-3-044115-3-054115-5-01Publicnotice:adoption,amendmentorrescissionofrules.Committeemembership.RescissionOriginalFilingNoRescissionOriginalFilingNoRescissionOriginalFilingNoRescissionOriginalFilingNoRescissionOriginalFilingNoYesYesYesYesYes4115-5-024115-5-03Dutiesandpowersofthecommitteeforthepurchaseofproductsandservicesprovidedbypersonswithseveredisabilities.Centralnonprofitagencies'responsibilities.4115-5-04Violationsofthestateuseprogramlaw,rulesorregulations.4115-6-01Approvalofcentralnonprofitagency(ies).4115-6-02Approvalprocedureforcentralnonprofitagency(ies).RescissionOriginalFilingNoYes4115-6-03Renewalofcentralnonprofitagency(ies)approval.RescissionOriginalFilingNoYes4115-6-04Annualevaluationofcentralnonprofitagency(ies).RescissionOriginalFilingNoYes4115-6-05Commissionfees.38StateCommitteeforthePurchaseofProductsandServicesProvidedbyPersonswithSevereDisabilities•TotalRules:16OriginalFiling Date:1115/2014BuleIvrm85;JiQn.Q§lFYBRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesfuJI!!.Number4115-7-014115-7-024115-7-034115-7-04JurisdictionEnds:3121/2014BoleIitleCertificationofqualifiednonprofitagencies.Procurementlist.Purchasewaivers.Deletionofitemsfromtheprocurementlist.PublicHearing:2/19/2014RescissionOriginalFilingNoRescissionOriginalFilingNoYes4115-7-05Yes4115-7-06Committeedecisionspertainingtoanadditiontotheprocurementlist.Qualityofmerchandiseandservicesprovided.C!!ckontheru!anumberinblueabovetoviewtheruleinItsentiretyontheofOhfowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus.Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page14•3/17!2014FINALAGENDARescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYes39OhioEnvironmentalProtectionAgency..JOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)4115-7-07Specificationchanges.4115-7-09Allocationandorders.4115-7-10Adjustmentandcancellationoforders.4115-7-11Shippingandpacking.4115-7-12Fairmarketpricingforsite-specificservices.FINALAGENDA4115-7-13Fairmarketpricingforservicespricedasproducts.4115-7-14Fairmarketpricingforproducts/commodities.4115-7-15ExceptionruleforpresentingjustificationtoexceedstateusecommitteeofOhiofairmarketpricingguidelines.4115-7-16Payments.4115-7-17Previouslyapprovedproductsandservices.ToBeRefiledTotalRules:16OriginalFilingDate:1/10/2014DateotToBeRefiled:2/19/2014JurisdictionEnds:PublicHearing:2/18/2014BYI!!J:¥peActionQSl.EYBB.uJ.e.l':llilllllill:RuleTitleAmendmentToBeRefiledYesYes3745-31-01Definitions.AmendmentToBeReliledYesYes3745-3"1-02Applicability,requirements,andobligations.AmendmentToBeRefiledYes Yes3745-31-06Completenessdeterminations,processingrequirements,publicparticipation,publicnotice,andissuance.AmendmentToBeRefiledYesYes3745-31-09Variancesonoperation.AmendmentToBeRefiledYes Yes3745-31-10NSRprojectsatexistingemissionsunitsatamajorstationarysource.AmendmentToBeRefiledYes Yes3745-31-11Attainmentprovisions-ambientairincrements,ceilingsandclassifications.AmendmentToBeRefiledYesYes3745-31-12Attainmentprovisions-datasubmissionrequirements.AmendmentToBeRefiledYes Yes3745-3"1-13Attainmentprovisions-reviewofmajorstationarysourcesandmajormodifications,stationarysourceapplicabilityandexemptions.AmendmentToBeRefiledYesYes3745-31-14Attainmentprovisions-preapplicationanalysis.AmendmentToBeRefiledYesYes3745-31-15Attainmentprovisions-controltechnologyreview.AmendmentToBeRefiledYesYes3745-31-16Attainmentprovisions-majorstationarysourceimpactanalysis.AmendmentToBeRefiledYesYes3745-31-17Attainmentprovisions-additionalimpactanalysis.AmendmentToBeRefiledYes Yes3745-31-18Attainmentprovisions-airqualitymodels.AmendmentToBeRefiledYesYes3745-31-19Attainmentprovisions-noticetotheUnitedStatesenvironmentalprotectionClickontherulenumberlnblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStr8et•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us·Page15•311712014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)AmendmentToBeRefiledAmendmentToBeRefiledYesYesYesYes40OhioEnyironmontalProtectionAgency•TotalRules:9OriginalFilingDate:1/10/2014BuleIygeAction.Q£FYBAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesNewRuleToBeRefiledYesNoNewRuleToBeRefiledYesNoAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeReliledYesYesAmendmentToBeRefiledYesYes3745·31-203745-31-21agency.Attainmentprovisions-innovativecontroltechnology.Nonattainmentprovisions-reviewofmajorstationarysourcesand majormodifications-stationarysourceapplicabilityandexemptions.DateofToBeRefiled:2/25/2014JurisdictionEnds:PublicHearing:2/18/2014Bule!'lumberRuleTitle3745-31-22Nonattainmentprovisions-conditionsforapprovaLNonattainmentprovisions•stationarysourceslocatingindesignatedcleanor3745-31-23unclassifiableareaswhichwouldcauseorcontributetoaviolationofanationalambientairqualitystandard.3745-31-24Nonattainmentprovisions-baselinefordeterminingcreditforemissionandairqualityoffsets.3745-31-25Nonatlainmentprovisions-locationofoffsettingemissions.3745-31-26Nonattainmentprovisions-offsetratiorequirements.3745-31-27Nonattainmentprovisions-administrativeproceduresforemissionoffsets.3745-31-28ReviewofmajorstationarysourcesofhazardousairpollutantsrequiringMACTdeterminations.3745-31-29Generalpermit-to-installandgeneralPTIO.3745-31-32Plantwideapplicabilitylimit(PAL).Withdrawn41DepartmentofCommerce·BoardofBuildingStandards:ResidentialCodeofOhioTotalRules:1OriginalFilingDate:1/28/2014RuleType&illQll.Q£EXRAmendmentWithdrawnFilingYesNo42PublicUtilitiesCommissionofOhio•UtilitiesTotalRules:4OriginalFilingDate:11/28/2012BuleTypeActionCSIFYRAmendmentWithdrawnFilingAmendmentWithdrawnFilingNoYesNoYesDateofWithdrawnFiling:3/14/2014JurisdictionEnds:RuleNumberBuleTitle4101:8-5-01Floors.DateofWithdrawnFiling:3/6/2014JurisdictionEnds:RuleNumber4901:1-8-014901:1-8-02RuleTitleDefinitions.Generalprovisions.Clickontherotenumber!nblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.PublicHearing:2/28/2014PublicHearing:JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.}carr.state.oh.us•Page16•311712014FINALAGENDAAmendmentWithdrawnFilingYesYesAmendmentWithdrawnFilingYesYesJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-l:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)490"1:1-8-044901:1-8-05Records.Reporting.CUd;ontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterafOhiowebsite.FINALAGENDAJCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086www.jcarr.state.oh.us17•311712014

# Article Ill

Attachment D

Final Adoption Notice to LSC Director and Secretary of StateElectronicRuleTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission77SouthHighSt.,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourseLevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyfinalfiledthefollowingrule(s)pursuanttosection119.04oftheOhioRevisedCode.PackageNumber:109738FileDateandTime:05/19/201410:36AMConfirmationNumber:482ee82376b0abec819d433e37fe274dFINAlFILERuleNumberTypeFYRCSIJEDateEffDateNextFYRTagline3745-31-22Amendmenty y05/09/201405/29/201405/29/2019Nonattainmentprovisions-conditionsforapproval.Nonattainmentprovisions-stationarysourceslocatingin3745-31-23Amendmentyy05/14/201405/29/201405/29/2019designatedcleanorunclassifiableareaswhichwouldcauseorcontributetoaviolationofanationalambientairqualitystandard.3745-31-24Amendmenty y05/14/201405/29/201405/29/2019Nonattainmentprovisions-baselinefordeterminingcreditforemissionandairqualityoffsets.3745-31-25Rescissionyy05/09/201405/29/2014Nonattainmentprovisions-locationofoffsettingemissions.3745-31-25NewNy05/09/201405/29/201405/29/2019Nonattainmentprovisions-locationofoffsettingemissions.3745-31-26Rescissionyy05/09/201405/29/2014Nonattainmentprovisions-offsetratiorequirements.3745-31-26NewNy05/09/201405/29/201405/29/2019Nonattainmentprovisions-offsetratiorequirements.3745-31-27Amendmentyy05/09/201405/29/201405/29/2019Nonattainmentprovisions-administrativeproceduresforemissionoffsets.3745-31-28Amendmenty y05/09/201405/29/201405/29/2019ReviewofmajorstationarysourcesofhazardousairpollutantsrequiringMACTdeterminations.3745-31-29Amendmentyy05/09/201405/29/201405/29/2019Generalpermit-to-installandgeneralPTIO.3745-31-30Rescissionyy05/09/201405/29/2014Reserved.Page1RuleNumber3745-31-313745-31-32TypeFYRCSIJEDateRescissionYAmendmentYyy05/09/201405/09/2014EffDate05/29/201405/29/2014Page2NextFYRTaglineReserved.05/29/2019Plantwideapplicabilitylimit(PAL).ElectronicRuleJUintTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission77SouthHighSt.,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourseLevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyfinalfiledthefollowingrule(s)pursuanttosection119.04oftheOhioRevisedCode.PackageNumber:109737FileDateandTime:ConfirmationNumber:05/19/201410:32AMd147c3c2347c3bd0a19691f2e9521ccFINALFILERuleNumberTypeFYRCSIJEDateEffDate3745-31-01Amendmenty y05/09/201405/29/20143745-31-02Amendmentyy05/09/201405/29/20143745-31-04Amendmenty y05/09/201405/29/20143745-31-06Amendmentyy05/09/201405/29/20143745-31-07Amendmentyy05/09/201405/29/20143745-31-08Amendmenty y05/09/201405/29/20143745-31-09Amendmentyy05/09/201405/29/20143745-31-10Amendmenty y05/09/201405/29/20143745-31-11Amendmenty y05/14/201405/29/20143745-31-12Amendmentyy05/09/201405/29/20143745-31-13Amendmentyy05/09/201405/29/2014Page1NextFYRTagline05/29/2019Definitions.05/29/2019Applicability,requirements,andobligations.05/29/2019Applications.05/29/2019Completenessdeterminations,processingrequirements,publicparticipation,publicnotice,andissuance.05/29/2019Termination,revocation,expiration,renewal,revisionandtransfer.05/29/2019Registrationstatuspermit-to-operate.05/29/2019Variancesonoperation.05/29/2019NSRprojectsatexistingemissionsunitsatamajorstationarysource.05/29/2019Attainmentprovisions-ambientairincrements,ceilingsandclassifications.05/29/2019Attainmentprovisions-datasubmissionrequirements.05/29/2019Attainmentprovisions-reviewofmajorstationarysourcesandmajormodifications,stationarysourceapplicabilityandexemptions.RuleNumberTypeFYRCSIJEDateEffDateNextFYRTagline3745-31-14Amendmentyy05/09/201405/29/201405/29/2019Attainmentprovisions-preapplicationanalysis.3745-31-15Amendmentyy05/09/201405/29/201405/29/2019Attainmentprovisions-controltechnologyreview.3745-31-16Amendmentyy05/09/201405/29/201405/29/2019Attainmentprovisions-majorstationarysourceimpactanalysis.3745-31-17Amendmentyy05/09/201405/29/201405/29/2019Attainmentprovisions-additionalimpactanalysis.3745-31-18Amendmentyy05/09/201405/29/201405/29/2019Attainmentprovisions-airqualitymodels.3745-31-19Amendmentyy05/09/201405/29/201405/29/2019Attainmentprovisions-noticetotheUnitedStatesenvironmentalprotectionagency.3745-31-20Amendmentyy05/09/201405/29/201405/29/2019Attainmentprovisions-innovativecontroltechnology.Nonattainmentprovisions-reviewofmajorstationary3745-31-21Amendmentyy05/09/201405/29/201405/29/2019sourcesandmajormodifications-stationarysourceapplicabilityandexemptions.Page2

# 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 41



### 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 the3



### 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

244



### 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, orRule 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 applicantRule 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 ruleRule 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/m 3 ." (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 behalfRule 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/m 3 SIL for N0 2 (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 forRule 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. OhioRule 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 CommentsRule 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/m 3 " 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. 

### N0 2 standard of 10.0 j.Jg/m 3
•

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

sourceRule 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 S0 2 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-operateRule 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 exemptionsRule 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.