State of Ohio Environmental Protection Agency

STREET ADDRESS: MAILING ADDRESS:

Lazarus Government Center

50 W. Town St., Suite 700

Columbus, Ohio 43215

Mr. Bharat Mathur

Acting Regional Administrator

U.S. EPA Region 5

77 W. Jackson Blvd.

Chicago, IL 60604

TELE (614) 644-3020 FAX: (614) 644-3184

www.epa.state.oh.us

MAR 0 9 2010

1~ -fL3/!J1;o

w-.J« '1" 0S!I.

P.O. Box 1049

Columbus, OH 43216-1049

RECEIVED

MAR 15 2010 u.~ cu, .

OFFICE OF REGJONAUJe'''''.' )" ,d,

Re: Request for Approval of an Amended Rule under Chapter 3745-21 of the Ohio

Administrative Code as part of the Ohio State Implementation Plan (SIP).

Dear Mr. Mathur:

This letter is intended to fulfill the requirement in 40 CFR Part 51, Appendix V, Section

2.1 (a) for a formal letter of submittal from the Governor or his designee, requesting EPA

approval of a SIP revision.

The Ohio EPA has adopted amended rule 3745-21-22 of the Ohio Administrative Code

(OAC): "Lithographic and Letterpress Printing."

This rule contains requirements that define reasonably available control technology (RACT)

for VOC emissions from lithographic and letterpress printing operations. The primary

purpose of this rulemaking was to establish VOC RACT requirements for the

Cleveland/Akron, Ohio ozone Subpart 2 nonattainment area. Ohio EPA is requesting that

U.S. EPA approve this rule for incorporation into our SIP, superseding any previous

versions currently effective.

The following documents are attached for your consideration per the requirements of 40

CFR Part 51, Appendix V, Section 2.1:

Article One addresses the following two requirements:

40 CFR Part 51, Appendix V, Section 2.1(b)

Evidence that the State has adopted the plan in the State code or body of regulations;

or issued the permit, order, consent agreement (hereafter "document") in final form.

That evidence shall include the date of adoption or final issuance as well as the

effective date of the plan, if different from the adoption/issuance date.

&} Printed on Recycled Paper

Ted Strickland, Governor

Lee Fisher, Lieutenant Governor

Chris Korleski, Director

Ohio EPA is an Equal Opportunity Employer
OAC Rule 3745-21-22, SIP Submittal

Page 2

40 CFR Part 51, Appendix V, Section 2.1 (d)

A copy of the actual regulation, or document submitted for approval and incorporation

by reference into the plan, including indication of the changes made to the existing

approved plan, where applicable. The submittal shall be a copy of the official State

regulation /document signed, stamped, and dated by the appropriate State official

indicating that it is fully enforceable by the State. The effective date of the

regulation/document shall, whenever possible, be indicated in the document itself.

Certified copies of this amended rule, in redline and strikeout, are being submitted for

approval and incorporation by reference into the plan. The copies are included as

evidence that the State has adopted the body of regulations in final form. This submittal

includes copies of the official State regulations signed, stamped, and dated by the

appropriate State official indicating that it is fully enforceable by the State. The effective

date of this regulation is indicated in the document itself. Please consider that Ohio has an

electronic rule filing system and all certifications/signatures of regulations are done

electronically.

Article Two provides the following information:

Copies of the public notice and Director's Findings & Orders have been included as

evidence of the date of adoption as well as the effective date of the regulation and

evidence that public notice was given of the proposed changes consistent with procedures

approved by EPA, including the date of publication of such notice.

Article Three addresses the following requirement:

40 CFR Part 51, Appendix V, Section 2.1 (c)

Evidence that the State has the necessary legal authority under State law to adopt

and implement the plan.

Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) of Section

3704.03 of the Ohio Revised Code (ORC) to enact this rule. Copies of these sections of

the ORC can be provided upon request.

Article Four addresses the following two requirements:

40 CFR Part 51, Appendix V, Section 2.1 (e)

Evidence that the State followed all of the procedural requirements of the State's laws

and constitution in conducting and completing the adoption/issuance of the plan.
OAC Rule 3745-21-22, SIP Submittal

Page 4

This SIP submittal is a part of Ohio EPA's effort to achieve the 2008 ozone standard. We

would greatly appreciate it if U.S. EPA would expedite the review of this material, and

approve the amended rule into Ohio's SIP. Please contact Bob Hodanbosi (614-644-3585)

if you have any questions about this submittal.

Sincerely,

c=R~ Chris Korleski

Director

xc: Bob Hodanbosi, Chief, Division of Air Pollution Control

Jennifer Hunter, DAPC

Jim Orlemann, DAPC

John Summerhays, USEPA Region 5

Attachment
Article I

Certified Copy of RuIe
3745-21-22 Control of volatile organic compound emISSIons from offset

lithographic printing and letterpress printing facilities.

[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 paragraph (HH) ofrule 3745-21-01 of the

Administrative Code titled "Referenced materials. "]

(A) The requirements of paragraphs (B) to (I) ofthis rule shall apply to each lithographic

printing or letterpress printing facility that meets all the following criteria:

(1) The facility is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina,

Portage, or Summit county; and:-

(2) The facility employs letterpress printing or one or more of the following types

of offset lithographic printing processes: heatset web, non-heatset web or

sheet-fed-;- ; and

(3) 1'\::13:)' offset lithogrfl13hie )'Jrifitifig or lettef)'Jress )'JrifitlfigThe facility whose has

total actual VOC emissions, before the application of control systems and

devices, voe emissiofiS from all lithographic and/or letterpress printing

operations (including emissions from cleaning solutions used on lithographic

and/or letterpress printing presses and fountain solutions) are equal to or

greater than three tons ofVOCs per rolling twelve-month period.

(B) Exemptions.

The foHmvifig o)'Jeratiofis are O)(Offi]'Jt from the foHowifig requiremefits ofthis rule:

(1) For ofilyThe following operations are exempt from the fountain solution

requirements as contained in paragraph (D)(3)(b) ofthis rule:

(a) Any sheet-fed press with a maximum sheet size eleven by seventeen

inches or smaller.

(b) Any press with a total fountain solution reservoir capacity of less than one

gallon.

(2) For ofilyThe following operations are exempt from the requirement to install

add-on controls as contained in paragraph (D)(1) ofthis rule:

(a) Any heatset web press with a maximum web width of22.0 inches or less.

[s~vlt'shcet: rulc.¥s12.J4. Ilur!loring 1001: i4i 2,0] AJI~\' J], print date: OJ'29,'201U .A...."v1
3745-21-22 2

(b) Any heatset web press with potential VOC emissions from ink oil less

than or equal to twenty-five tons per year before the application of

controls.

(c) Any heatset web press used for book printing.

(C) Definitions.

The definitions applicable to this rule are contained in paragraphs (W) and (DD) of

rule 3745-21-01 ofthe Administrative Code.

(D) VOC emissions control requirements.

(1) Any person who owns or operates a subject heatset web offset lithographic

printing press or a heatset web letterpress printing press with potential VOC

ink oil emissions from the press dryer that are greater than twenty-five tons

per year before the application of control systems and devices shall maintain

the dryer air pressure lower than the pressroom air pressure at all times the

press is operating and operate a control system that meets one of the

following control requirement for that press:

(a) For a control system first installed before the effective date of this

rt:tleApril 2, 2009 the control system shall reduce VOC emissions from

each dryer by at least ninety per cent or maintain a maximum VOC

outlet concentration of twenty ppmv, as hexane (C H ) on a dry basis,

h· h . 1 . 6 14 W lC ever IS ess stnngent; or

(b) For a control system first installed on or after the effective date of this

rt:tleApril 2, 2009, the control system shall reduce VOC emissions from

each dryer by at least ninety-five per cent or maintain a maximum VOC

outlet concentration of twenty ppmv as hexane (C6

H ) on a dry basis,

whichever is less stringent. 14

(2) Any person who owns or operates a subject heatset web offset lithographic

printing press shall meet one of the following requirements for the fountain

solution used on that press:

(a) If the fountain solution contains only alcohol substitutes, maintain the

as-applied VOC content of the fountain solution at or below 5.0 per

cent, by weight, and use no alcohol in the fountain solution.
3745-21-22 3

(b) Ifthe fountain solution contains alcohol:

(i) Maintain the as-applied VOC content of the fountain solution at or

below 1.6 per cent, by weight; or

(ii) Maintain the as-applied VOC content of the fountain solution at or

below 3.0 per cent, by weight, and refrigerate the fountain

solution to sixty degrees Fahrenheit or less.

(3) Any person who owns or operates a subject sheet-fed offset lithographic

printing press shall meet one of the following requirements for the fountain

solution used on that press:

(a) If the fountain solution contains only alcohol substitutes, maintain the

as-applied VOC content of the fountain solution at or below 5.0 per

cent, by weight.

(b) Ifthe fountain solution contains alcohol:

(i) Maintain the as-applied VOC content of the fountain solution at or

below 5.0 per cent, by weight; or

(ii) Maintain the as-applied VOC content of the fountain solution at or

below 8.5 per cent, by weight, and refrigerate the fountain

solution to sixty degrees Fahrenheit or less.

(4) Anyone who owns or operates a subject non-heatset web offset lithographic

printing press shall maintain the as-applied VOC content of the fountain

solution used on that press at or below 5.0 per cent, by weight, and use no

alcohol in the fountain solution.

(5) Where it can be demonstrated to the satisfaction of the director that a subject

offset lithographic printing press cannot be operated with fountain solutions

meeting the limits in paragraph (D)(2), (D)(3), or (D)(4) of this rule for

reasons of technological and/or economic feasibility the permitting authority

may establish site-specific limits based upon evidence of technological or

economic infeasibility subject to approval by USEPA as a state

implementation plan revision.

(6) Any person who owns or operates a subject offset lithographic or letterpress

printing press shall meet one of the following requirements for each cleaning
3745-21-22 4

solution used for cleaning on that press:

(a) Maintain the as-applied VOC content at or below seventy per cent, by

weight; or

(b) Maintain the as-applied VOC composite partial vapor pressure at or below

ten mm Hg at twenty degrees Celsius (sixty-eight degrees Fahrenheit).

The use of cleaning solutions not meeting the specifications of

paragraphs (D)(6)(a) and (D)(6)(b) of this rule is permitted provided

that the quantity used does not exceed one hundred ten gallons over any

consecutive twelve-month period.

(7) Any person who owns or operates a subject offset lithographic or letterpress

printing press shall keep all solvent containers closed at all times unless

filling, draining, or performing cleanup operations.

(8) Any person who owns or operates a subject offset lithographic or letterpress

printing press shall keep all solvent-laden shop towels in closed containers

when not being used.

(E) Compliance dates.

(1) The owner or operator of an offset lithographic or letterpress printing facility

that is subject to this rule shall comply with the requirements of this rule no

later than the following dates:

(a) For any subject offset lithographic printing press or letterpress printing

press for which installation commenced before the effective date ofthis

ft:lleApril 2, 2009, the compliance date for the press is twelve months

from the effective date ofthis ruleApril 2, 2009.

(b) For any subject offset lithographic printing press or letterpress printing

press for which installation commenced on or after the effective date of

this rule, the compliance date for the press is the initial startup date of

the press.

(2) The owner or operator of an offset lithographic or letterpress printing facility

that is subject to this rule shall demonstrate compliance with paragraph (D)(1)

of this rule by testing the control device on each subject offset lithographic

press or letterpress printing press in accordance with paragraph (F)(1) of this

rule according to the following:
3745-21-22 5

(a) For any offset lithorgraphic1ithographic or letterpress pnntmg facility

subject to paragraph (E)(1)(a) ofthis rule, 'vyithiflby no later than ninety

days after the press's compliance date. If compliaflce with paragraph

(D)(1)(a) of this rule has beefl demoflStrated withifi three oofidred

sixty five calefidar days before the effecti>fe date of this rule by testifig

the cOfitrol device ifi accordaflce with afi Ohio EPA~ approved testifig

protocol, fiO additiofial testifig shall be reqaired to satisfy paragraph

(E)(2) ofthis ruleln addition, the Ohio environmental protection agency

may accept the results of an emission test conducted prior to the

effective date of this rule, ifthe owner or operator provides information

and data to the Ohio environmental protection agency which

demonstrate that an approved USErA emission test method was

employed, that the operation of the press(es) was consistent with the

current operating conditions and operating capacity, and that ifthe Ohio

environmental protection agency had requested to witness the test, the

test was witnessed by the Ohio environmental protection agency or its

delegated agent.

(b) For any offset lithographic or letterpress pnntmg facility subject to

paragraph (E)(1)(b) of this rule, within one hundred eighty days after

the press's compliance date.

(3) Additional testing of a subject offset lithographic or letterpress printing press

and its VOC emission control system in accordance with paragraph (F)(1) of

this rule may be required by the director to ensure continued compliance.

(F) Compliance test methods.

(1) For any heatset web offset lithographic or heatset web letterpress printing press

that is subject to the requirements of paragraph (D)(1) of this rule,

compliance shall be determined by performing emission tests in accordance

with the following:

(a) For the purpose of demonstrating compliance with the emission control

requirements paragraph (D)(1) of this rule, the affected source shall be

run at typical operating conditions and flow rates compatible with

scheduled production during any emission testing.

(b) The negative dryer pressure shall be established during the initial test

using an airflow direction indicator, such as a smoke stick or aluminum

ribbons, or differential pressure gauge. Capture efficiency and

continuous dryer air flow monitoring is not required.
3745-21-22 6

(c) The following USEPA test methods (in 40 CFR Part 60, Appendix A)

shall be used to demonstrate compliance with the applicable emission

control requirement in paragraph (D)(1) ofthis ru1e:-~

(i) USEPA method 1 or lA, as appropriate, shall be used to select the

sampling sites.

(ii) USEPA method 2, 2A, 2C, or 2D, as appropriate, shall be used to

determine the velocity and volumetric flow rate of the exhaust

stream.

(iii) USEPA method 3 or 3A, as appropriate, shall be used to determine

the concentration of O

2

and C0

2

0

(iv) USEPA method 4 shall be used to determine moisture content.

(v) USEPA method 18,25, or 25A shall be used to determine the VOC

concentration of the exhaust stream entering and exiting the

control device, unless the alternate limit of twenty ppmv as

specified in paragraphs (D)(1 )(a) and (D)(1 )(b) of this rule is

being met, in which case only the VOC concentration of the exit

exhaust shall be determined. In cases where the anticipated outlet

VOC concentration ofthe control device is less than fifty ppmv as

carbon, USEPA method 25A shall be used.

(a) If the average concentrations in the outlet of a thermal or

catalytic oxidizer measured by USEPA method 25A are

found to be greater than fifty ppmv as carbon, Method

USEPA method 18 or 25 may be used to determine

non-VOC components (methane and ethane) to correct the

outlet VOC readings, unless the director determines that the

uncorrected USEPA method 25A results are acceptable.

(b) A compliance test shall consist of up to three separate runs,

each lasting a minimum of sixty minutes, unless the director

determines that process variables dictate shorter sampling

times °

(c) USEPA method 25 specifies a minimum probe temperature of

two hundred sixty-five degrees Fahrenheit. To prevent

condensation, the probe should be heated to at least the gas

stream temperature, typically close to three hundred fifty
3745-21-22 7

degrees Fahrenheit.

(d) USEPA method 25A specifies a minimum temperature oftwo

hundred twenty degrees Fahrenheit for the sampling

components leading to the analyzer. To prevent

condensation when testing heatset web offset presses, the

sampling components and flame ionization detector block

should be heated to at least the gas stream temperature,

typically close to three hundred fifty degrees Fahrenheit.

(e) The use of an adaptation to any of the analytical methods

specified above shall be approved by the director and

USEPA on a case-by-case basis. The owner or operator

shall submit sufficient documentation for the director and

USEPA to find that the analytical methods specified above

will yield inaccurate results and that the proposed

adaptation is appropriate.

(2) For any offset lithographic printing press that is subject to the requirements of

paragraph (D)(2), (D)(3), or (D)(4) of this rule, compliance with the VOC

content of the as-applied fountain solution shall be determined by one of the

methods in paragraphs (F)(2)(a) to (F)(2)(c) of this rule except when

paragraph (F)(2)(d) is applicable:

(a) USEPA method 24 shall be used to determine the VOC content of the

as-applied fountain solution;

(b) If diluted prior to use, a calculation shall be performed for VOC content

that combines USEPA method 24 analytical data for the concentrated

materials used to prepare the as-applied fountain solution and the

proportions in which they are mixed to make the as-applied fountain

solution. The analysis ofthe concentrated materia1(s) may be performed

by the supplier(s) of those materia1(s). The analytical data may be

derived from a material safety data sheet (MSDS) or equivalent

information from the supplier as long as it is based on USEPA method

24 results; or

(c) If not diluted prior to use, the owner or operator shall use formulation

information provided by the supplier, such as a MSDS sheet or

equivalent information from the supplier. In the event of a dispute

between information provided by the supplier and data obtained by

USEPA method 24, the data obtained by USEPA method 24 shall be

employed.
3745-21-22 8

(d) For any offset lithographic pnntmg press that is subject to the

requirements of paragraph (D)(2)(b) or (D)(3)(b) of this rule, when

adding alcohol to a fountain solution batch previously tested in

accordance with one of the compliance test methods contained in

paragraphs (F)(2)(a) to (F)(2)(c) of this rule, in lieu of the methods in

paragraphs (F)(2)(a) to (F)(2)(c) ofthis rule, the owner or operator shall

determine the VOC (alcohol) content of the altered fountain solution

using a hydrometer.

(3) For any offset lithographic printing press that is subject to the fountain solution

temperature requirements of paragraph (D)(2)(b)(ii) or (D)(3)(b)(ii) of this

rule, a thermometer or other temperature detection device capable of reading

to 0,5 degrees Fahrenheit shall be used to ensure that any refrigerated

fountain solution reservoirs are maintained at or below sixty degrees

Fahrenheit at all times.

(4) For any offset lithographic or letterpress printing press that is subject to the

requirements of paragraph (D)(6)(a) ofthis rule, the VOC content of cleaning

solutions shall be determined by one ofthe following methods:

(a) USEPA method 24 shall be used to determine the VOC content of the

cleaning solution;

(b) If diluted prior to use, a calculation shall be performed for VOC content

that combines USEPA method 24 analytical data for the concentrated

materials used to prepare the cleaning solution and the proportions in

which they are mixed to make the as-applied cleaning solution. The

analysis of the concentrated material(s) may be performed by the

supplier(s) of those material(s). The analytical data may be derived

from a material safety data sheet (MSDS) or equivalent information

from the supplier as long as it is based on USEPA method 24 results; or

(c) If not diluted prior to use, the owner or operator shall use formulation

information provided by the supplier, such as MSDS sheet or

equivalent information from the supplier. In the event of~ a dispute

between information provided by the supplier and data obtained by

USEPA method 24, the data obtained by USEPA method 24 shall be

employed.

(5) For any offset lithographic or letterpress printing press that is subject to the

requirements of paragraph (D)(6)(b) of this rule, the VOC composite partial

vapor pressure of cleaning solutions shall be determined by one of the
3745-21-22 9

following methods:

(a) If diluted prior to use, calculate the VOC composite vapor pressure of the

as-applied solvent by using the formula for "VOC composite vapor

pressure" 'as follows:

(i) Determine the identity and quantity of each compound in a blended

organic solvent by using ASTM D2306, or by using ASTM E260

for organics and ASTM D3792 for water content, if applicable, or

the manufacturer's product formulation data.

(ii) Determine the vapor pressure of each pure VOC component by

using ASTM D2879 or publications such as "Perry's Chemical

Engineer's Handbook, CRC Handbook of Chemistry and Physics,

or Lange's Handbook ofChemistry."

(iii) Calculate the VOC composite partial pressure of the solvent by

using the formula for "VOC composite partial pressure." For the

purpose of this calculation, the blended solvent shall be assumed

to be an ideal solution where "Raoult's Law" applies. The partial

vapor pressures of each compound at twenty degrees Celsius

(sixty-eight degrees Fahrenheit) shall be used in the formula. The

VOC composite partial pressure shall be calculated as follows:

n (~. )(VPi )/1

L: /l~1Wi PP<:= ------

TXT TXT n TXt'". i =1 rr w rr e r~' 2

MWw + ..ll.1!17" +tt.M"Wi

Where:

Wi = Weight ofthe "i"th VOC compound, in grams.

Ww = Weight ofwater, in grams.

We = Weight of exempt compound, in grams.

MWi = Molecular weight of the "i"th VOC compound, in grams

per gram-mole.
3745-21-22 10

MWw = Molecular weight of water, in grams per gram-mole.

MWe = Molecular weight of the "e"th exempt compound, III

grams per grffil'l: molegram-mo1e.

PPc= VOC composite partial vapor pressure at twenty degrees

Celsius (sixty-eight degrees Fahrenheit), in mID Hg.

VPi = Vapor pressure of the "i"th VOC compound at twenty

degrees Celsius (sixty-eight degrees Fahrenheit), in mID Hg.

(b) If not diluted prior to use, the owner or operator shall use formulation

information provided by the supplier, such as a material safety data

sheet (MSDS) or equivalent information from the supplier as long as it

is based on results determined in accordance with the procedure under

paragraph (F)(5)(a) ofthis rule.

(G) Monitoring and record keeping requirements.

(1) The owner or operator of an offset lithographic printing press or letterpress

printing press that is subject to the control requirements specified in

paragraph (D)(1) of this rule, shall install and operate continuous temperature

monitoring and recording equipment that measures and records temperature

data at least once every fifteen minutes, and shall collect and record the

following information and maintain the information at the facility for a period

offive years:

(a) For eaeh day of operation ofthe press, a A log or record of the operating

any time fer when the control device and/or, monitoring equipment, and

the are not in operation when any associated press is in operation.

(b) For thermal oxidizers, for eaeh day of operation of the press, all

three-hour periods of operation during which the average combustion

temperature was more than fifty degrees Fahrenheit below the average

combustion temperature during the most recent emission test that

demonstrated that the press was in compliance.

(c) For catalytic oxidizers, for eaeh day of operation of the press, all

three-hour periods of operation during which the average temperature

of the dryer exhaust gases immediately before the catalyst bed was

more than fifty degrees Fahrenheit below the average temperature of

the dryer exhaust gases during the most recent emission test that

demonstrated, that the press was in compliance.
3745-21-22 11

(d) For catalytic oxidizers, the catalyst bed material shall be inspected

annually for general catalyst condition and any signs of potential

catalyst depletion. The owner or operator shall also collect a

representative sample of the catalyst from the oxidizer, per

manufacturer's recommendations, and have it tested to evaluate the

catalyst's capability to continue to function at or above the required

control efficiency. An evaluation of the catalyst bed material shall be

conducted whenever the results of the inspection indicate signs of

potential catalyst depletion or poor catalyst condition based on

manufacturer's recommendations, but not less than once per year.

(2) The owner or operator of a heatset web or sheet-fed offset lithographic printing

press subject to the requirements of paragraph (D)(2)(b) or (D)(3)(b) of this

rule shall measure:

(a) The VOC (alcohol) content, in accordance with paragraph (F)(2)(d) ofthis

rule, of any altered fountain solution, at the time of alteration, in per

cent by weight, ofthe fountain solution employed in the press and shall

maintain records of the results of the measurements at the facility for a

period of five years. The alcohol content of the fountain solution shall

be measured using a hydrometer. The hydrometer shall have a visual,

analog, or digital readout with an accuracy of 0.5 per cent; and a

standard solution shall be used to calibrate the hydrometer for the type

of alcohol used in the fountain solution.

(b) On a daily basis, the temperature, in degrees Fahrenheit, of the fountain

solution, if the owner or operator refrigerates the fountain solution in

accordance with paragraph (D)(2)(b)(ii) or (D)(3)(b)(ii) ofthis rule, and

shall maintain records of the results of the measurements at the facility

for a period offive years.:.

(3) The owner or operator of a subject offset lithographic pnntmg press shall

maintain records, for a period of five years, of one of the following

information for eaeh bateh of fountain solution preparedpreparation for use in

the press:

(a) For an owner or operator maintaining a recipe log for each batch of

fountain solution prepared for use in the press:

(i) A recipe log that identifies all recipes used to prepare the as-applied

fountain solution. Each recipe shall be maintained in the recipe

log for a period of five years from the date the recipe was last

prepared for a press. Each recipe shall clearly identify the
3745-21-22 12

following:

(a) VOC content of each concentrated alcohol substitute, added to

make the batch of fountain solution, based upon the

manufacturer's laboratory analysis using USEPA method

24.

(b) The proportions in which the fountain solution is mixed,

including the addition of alcohol and/or water. The

proportion may be identified as a volume when preparing a

discrete batch or may be identified as the settings when an

automatic mixing unit is employed.

(c) The calculated VOC content ofthe [maL mixed recipe.

(ii) Identification of the recipe used to prepare each batch of fountain

solution for use in the press.

(iii) The date and time when the batch was prepared.

(iv) An affirrhation the batch was prepared in accordance with the

reCIpe.

(b) For an owner or operator not maintaining a recipe log in accordance with

paragraph (G)(3)(a) of this rule, for each batch of fountain solution

prepared for use in the press

Will. The volume and VOC content of each concentrated alcohol

substitute, added to make the batch of fountain solution, based

upon the manufacturer's laboratory analysis using USEPA method

24.

Wiill The volume of alcohol added to make the batch of fountain

solution.

teIDill The volume of water added to make the batch of fountain

solution.

W(iv) The calculated VOC content ofthe final, mixed batch.

Woo The date and time the batch was prepared.

For purposes of paragraphs (G)(3)(a) and (G)(3)(b) of this rule, a fountain

solution that is continuously blended with an automatic mixing unit is

considered to be the same batch until such time that the recipe or mix ratio is
3745-21-22

changed.

13

(4) The owner or operator of a subject offset lithographic or letterpress printing

press shall maintain records, for a period of five years, of one ofthe following

for all cleaning solutions employed in all the offset lithographic and

letterpress printing operations:

(a) For an owner or operator maintaining a reCIpe log for each batch of

cleaning solution prepared:

(i) A recipe log that identifies all recipes used to prepare the as-applied

cleaning solution. Each recipe shall be maintained in the recipe

log for a period of five years from the date the recipe was last

prepared. Each recipe shall clearly identify the following:

Cal The VOC content of each cleaning solution, based upon the

manufacturer's laboratory analysis using· USEPA method

24; or

Cbl The VOC composite partial vapor pressure of each cleaning

solution, based upon the method under paragraph (F)(5) of

this rule.

(ii) Identification of the recipe used to prepare each batch of cleaning

solution.

(iii) The date and time when the batch was prepared.

(iv) An affirmation the batch was prepared in accordance with the

reCIpe.

(b) For an owner or operator not maintaining a recipe log in accordance with

paragraph (G)(5)(a) of this rule, for each batch of cleaning solution

prepared, records of the VOC content or VOC composite partial vapor

pressure and the date and time the batch was prepared.

(4) The owner or operator of a subject non heatset web offset lithographic printing

press shall document all periods of time when alcohol v,ras used in the press's

fountain solution and the volume of alcohol used in each instance.

(5) The owner or operator shall maintain monthly records of the VOC content or

VOC composite partial vapor pressure of all cleaning materials employed in

all the lithographic and letterpress printing operations.

t6Kil The owner or operator of a subject offset lithographic pflntmg press or

letterpress printing press shall maintain monthly records of the following
3745-21-22 14

information:

(a) The total amount, in gallons, of all the cleanup cleaning materialssolutions

employed; and

(b) The total amount, in gallons, of all the cleanupcleaning materialssolutions

employed that exceeds the allowable VOC content or VOC composite

vapor pressure.

(H) Reporting requirements for the monitoring and record keeping information.

The owner or operator offran offset lithographic or letterpress printing facility that

is subject to this rule shall notify the director of any of the following exceedances

of applicable requirements. Each notification shall be submitted to the director

within forty-five days after the instance occurs, and it shall include a copy of the

record showing the instance.

(l) If determining alcohol content via hydrometer measurement. Eftefteach

hydrometer measurement that shows an exceedance of the applicable alcohol

content limitation specified in paragraph (D)(2)(a), (D)(2)(b), (D)(3)(a), or

(D)(3)(b) ofthis rule.

(2) If complying via refrigerated fountain solution, Eftefteach temperature reading

that shows an exceedance ofthe temperature limitation specified in paragraph

(D)(2)(b) or (D)(3)(b) ofthis rule.

(3) Each calculated VOC content that exceeds the VOC content limitation specified

in paragraph (D)(2)(b), (D)(3)(b), or (D)(4) ofthis rule.

(4) Eaeh instBflee when Bfl CJ{eeedBflee of the aleohol usage restrietion as speeified

for fountain solutions in paragraphs (D)(2)(b) Bfld (D)(3)(b) of this rule

oeeurs.

(5) Eaeh instBflee when aleohol is used in the fountain solution for a non heatset

'Neb offset lithographie printing press.

t61® Each instance when an exceedance of the VOC content or VOC composite

partial vapor pressure specified in paragraph (D)(6) of this rule for cleanup

materialscleaning solutions occurs.

f71ill All three-hour blocks of time during which the average combustion

temperature within the thermal oxidizer was below the temperature limitation

specified in paragraph (G)(l)(b) ofthis rule.
3745-21-22 15

f81@ All three-hour blocks of time when the emiSSions unit was in operation

during which the average temperature of the exhaust gases immediately

before the catalyst bed was below the temperature limitations specified

paragraph (G)(1)(c) ofthis rule.

(I) Retention factors and capture efficiencies.

For purposes of determining VOC emissions from offset lithographic pnntmg

operations, the following retention factors and capture efficiencies shall be used:

(1) A portion of the VOC contained in inks and cleaning solution is retained in the

printed web or in the shop towels used for cleaning. The following retention

factors shall be used:

(a) A twenty per cent VOC retention factor shall be used for heatset inks

printed on absorptive substrates, meaning eighty per cent ofthe VOC in

the ink is emitted during the printing process and is available for

capture and control by an add-on pollution control device.

(b) A ninety-five per cent VOC retention factor shall be used for sheet-fed

and non-heatset web inks printed on absorptive substrates, meaning five

per cent ofthe VOC in the ink is emitted during the printing process.

(c) A fifty per cent VOC retention factor shall be used for cleaning solution

VOC in shop towels for cleaning solutions with a VOC composite

vapor pressure of no more than ten mm Hg at twenty degrees Celsius

(sixty-eight degrees Fahrenheit) if the contaminated shop towels are

kept in closed containers, meaning fifty per cent of the VOC used on

the shop towels is emitted during the cleaning process.

(2) A portion of the VOC contained in inks, fountain solutions, and automatic

blanket washes on heatset web presses is captured in the press dryer for

control by add-on pollution control devices. The following capture

efficiencies are to be used:

(a) A one hundred per cent VOC carry over efficiency shall be used for inks.

All the VOC in the ink that is not retained is assumed to be volatilized

in the press dryer. Capture efficiency testing for heatset dryers is not

required if it is demonstrated that pressure in the dryer is negative

relative to the surrounding press room and the airflow is into the dryer.

(b) A seventy per cent VOC carry over efficiency shall be used for fountain
3745-21-22 16

solutions containing alcohol substitutes.

(c) A forty per cent VOC carry over efficiency shall to be used for automatic

blanket wash solutions with a VOC composite vapor pressure of no

more than ten mm Hg at twenty degrees Celsius (sixty-eight degrees

Fahrenheit).

(1) Requirements on applicability notification, compliance certification, and permit

application.

(1) The owner or operator of aan offset lithographic printing or letterpress printing

facility that is subject to this rule and that has an offset lithographic printing

press or letterpress printing press with an initial startup date before the

effeeti';e dateApril 2, 2009 of this rule shall notify the Ohio environmental

protection agency district office or local air agency in writing that the offset

lithographic printing press or letterpress printing press is subject to this rule.

The notification, which shall be submitted not later than sixty days after the

effective date of this rule (or within sixty days after the offset lithographic

printing press or letterpress printing press becomes subject to this rule), shall

provide the following information:

(a) Name and address ofthe owner or operator;

(b) Address (i.e., physical location) of the offset lithographic printing or

letterpress printing facility;

(c) Equipment description and Ohio EPA application number (if assigned) of

the offset lithographic printing press or letterpress printing press;

(d) Identification of the VOC emission requirement, the means of

compliance, and the compliance date for the offset lithographic printing

press or letterpress printing press;

(e) Regarding an air pollution permit for the offset lithographic printing press

or letterpress printing press, whichever ofthe following is applicable;

(i) Submission of an application for an operating permit, an operating

permit modification, or an operating permit renewal in

accordance with rule 3745-31-02 ofthe Administrative Code; or

(ii) Submission of a statement of intent to submit an application for a

Title V permit or modification of a Title V permit in accordance
3745-21-22 17

with paragraph (B) of rule 3745-77-02 or rule 3745-77-06 of the

Administrative Code, respectively.

(2) The owner or operator of fran offset lithographic printing or letterpress printing

facility that is subject to this rule and that has an offset lithographic printing

press or letterpress printing press with an initial startup date on or after the

effective dateApril 2, 2009 of this rule shall notify the Ohio environmental

protection agency district office or local air agency in writing that the offset

lithographic printing press or letterpress printing press is subject to this rule.

The notification, which shall be submitted not later than either the date of

initial startup of the offset lithographic printing press or letterpress printing

press, or sixty days after the effective date of this mleApril 2, 2009

(whichever is later), shall provide the information listed under paragraph

(ID(l) of this rule. The application for an installation permit under rule

3745-31-02 of the Administrative Code may be used to fulfill the notification

requirements ofthis paragraph.

(3) Compliance certification.

(a) The owner or operator of fran offset lithographic printing or letterpress

printing facility that is subject to this rule shall notify the Ohio

environmental protection agency district office or local air agency in

writing within thirty days following the completion of any of the

following requirements:

(i) For an offset lithographic printing press or letterpress printing press

subject to the VOC emission requirements in paragraphs (D)(2) to

(D)(~~) of this rule, the first documented achievement of

compliance with each ofthe requirements;

(ii) For an offset lithographic printing press or letterpress printing press

subject to the VOC emission control requirement in paragraph

(D)(l) ofthis rule:

(a) The completion of installation and initial use of a VOC

emission control system for the offset lithographic printing

press or letterpress printing press;

(b) The completion of installation and initial use of any

monitoring devices required under paragraph (G) of this

rule for the offset lithographic printing press; and
3745-21-22 18

(c) The completion of any compliance testing conducted in

accordance with paragraph (F) of this rule to demonstrate

compliance with the applicable control requirement.

(b) The compliance certification under paragraph (I)(3)(a) of this rule shall

provide the following, where applicable:

(i) A description ofthe requirements;

(ii) A description ofthe VOC emission control system;

(iii) A description ofthe monitoring devices;

(iv) A description ofthe records that document continuing compliance;

(v) The results of any compliance tests, including documentation oftest

data;

(vi) The results of any records that document continuing compliance,

including calculations; and

(vii) A statement by the owner or operator of the offset lithographic

prffiting or letterpress printing facility as to whether the offset

lithographic printing press or letterpress printing press has

complied with the requirement(s).

(K) Requirements for an owner or operator of an offset lithographic printing or letterpress

printing facility that determines they are not subject to one or more of the control

requirements in paragraph (D) ofthis rule.

(l) When establishing that the offset lithographic printing or letterpress printing

facility's total actual VOC emissions, before the application of control

systems and devices, VaG emissions from all lithographic and/or letterpress

printing operations (including emissions from cleaning solutions used on

lithographic and/or letterpress printing presses and fountain solutions) are less

than three tons of VOCs per rolling twelve-month period and, therefore, the

facility is not subject to the add-on control, cleaning solvent and fountain

solution requirements in paragraphs (D)(l) to (D)(8) ofthis rule, the owner or

operator shall maintain one ofthe following records on a monthly basis:

(a) Monthly records of material usage demonstrating the following thresholds
3745-21-22 19

have not been exceeded:

Type ofLetterpress or Offset Lithographic l2-Month Rolling Threshold

Printing Operation

Sheet-fed only 768 gallons of cleaning solvent and

fountain solution additives

Non-heatset Web only 768 gallons of cleaning solvent and

fountain solution additives

Combination of Sheet-fed and Non-heatset 768 gallons of cleaning solvent and

Web fountain solution additives.

Heatset Web only 5400 pounds ofink, cleaning solvent and

fountain solution additives

A facility that employs a combination of printing technologies that

includes a heatset web offset lithographic printing press(es) may not use

this option for demonstrating actual emissions are less than three tons

ofVOCs per rolling twelve-month period.

(b) The following monthly records and calculations demonstrating actual

emissions did not equal or exceed three tons of VOCs per rolling

twelve-month period:

Will The total gallons of each cleaning solvent used;

fb1,(ii) The VOC content of each cleaning solvent;

(ej(iii) The total gallons of each fountain solution used;

W(iv) The VOC content of each fountain solution;

Woo The total pounds of each ink used; and

fij(vi) The VOC content of each ink.

VOC calculations shall be based on the following formula using

applicable retention factors identified in paragraph 0)(1) ofthis rule:

VOC emissions = amount of ink (pounds) x VOC content (weight

fraction) x (1 - retention factor, as a fraction) + amount of fountain

solution (gallons) x VOC content (pounds per gallon) + amount of
3745-21-22

r

20

cleaning solvent (gallons) x VOC content (pounds per gallon) x (1 -

retention factor, as a fraction).

(2) When establishing that the heatset web offset lithographic printing or letterpress

printing press potential VOC ink oil emissions, before control, from the press

dryer of any heatset web offset lithographic printing press or heatset web

letterpress printing press are less than twenty-five tons per year and,

therefore, the facility is not subject to the add-on control requirements in

paragraph (D)(1) of this rule, the owner or operator shall maintain the

following records on a monthly basis for each such press:

(a) The total pounds of each ink used;

(b) The VOC content of each ink; and

(c) The hours of operation of each press.

(3) If an owner or operator of an offset lithographic printing or letterpress printing

facility determines they are subject to one or more ofthe control requirements

in paragraph (D) of this rule based on the records required under paragraph

(1) ofthis rule, the owner or operator shall comply with said requirement(s) of

this rule.
3745-21-22

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

01/2912010

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

02/10/2010

04/02/2014

119.03

3704.03(E)

3704.03(A),3704.03(E)

April 2, 2009

21
Article II

Copy of Public Notice and

Director's Findings &Orders
BEFORE THE mHO E.P.,Il..

JAN 29 20iO

OHIO ENVIRONMENTAL PROTECTION AGJiN~¥Gli1ECTOifS JOURNAL

In the Matter of:

The Adoption of Amended

Rule 3745-21-22 of the

Ohio Administrative Code

Directors Final Findings and

Orders

I certify this to be a true and accurate copy of the

official documents as filed in the records of the Ohio

Env!ronrnental Protection Agency.

"-

FINDINGS AND ORDER ( _.

The Director of Environmental Protection, having conside in compliance with the

Administrative Procedure Act the adoption, in final form, of the 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 December 30,2009, 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

rule of the Ohio Administrative Code cited above, is reasonable and lawful and

within the purview of authority provided by law.

It is therefore

ORDERED that amended rule 3745-21-22 of the Ohio Administrative Code be adopted in

final form.

It is further

ORDERED that the effective date of said rule shall be __F_E_B_1_0_20_1_0_

It is further

ORDERED that copies of these Findings and Orders and certified copies of said new rule,

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

Review, the Legislative Services Commission, and the Department of Developments Office

of Small and Developing Business, as required by law.
APPEAL RIGHTS

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

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio

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

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

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

accompanied by a filing fee of $70.00, made payable to "Ohio Treasurer Kevin Boyce,"

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

payment of the full amount of the fee would cause extreme hardship. Notice of the filing of

the appeal shall be filed with the Director within three (3) days of filing with the

Commission. Ohio EPA requests that a copy of the appeal be served upon the Ohio

Attorney Generals Office, Environmental Enforcement Section. An appeal may be filed with

the Environmental Review Appeals Commission at the following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus, OH 43215

(3?W

Chris Korleski, Director

Ohio Environmental Protection Agency

! ~rJi ..)A/l/CI 4ft V Issued at Columbus, Ohio this L --- day of _-_' ( , 2010.

2
DATE: 01/29/1

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 3704.03(E) has adopted new rule 3745-21-22 of the Administrative

Code, "Lithographic and Letterpress Printing."

The rule is intended to assist the state of Ohio in achieving and/or maintaining the national

8-hour ground level ozone standard through the regulation of volatile organic compound

(VOC) emissions from stationary sources. VOC emissions are a precursor to ozone

formation. This rule will apply statewide in order to aid in the reduction of ozone formation.

A public hearing on the new rule was held on December 30, 2009 in Columbus, Ohio. After

considering comments and oral testimony, the Director's order of adoption was issued on

January 29, 2010. The effective date of this rule is February 10, 2010.

To request a copy of this rule, obtain further information, or inspect or request copies of

agency files and records pertaining to the proceeding contact Mr. Alan Harness, Ohio EPA,

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

Ohio 43216-1049 or call Mr. Alan Harness at (614) 644-4838. This rule is available on

Ohio EPA's Regulations Web page for electronic downloading The URL is:

http://epa.ohio.gov/dapc/regs/regs.aspx#Carbon.

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

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

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

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

notice of the Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio

43215. Copies of the appeal must be served upon the Director of the Ohio EPA within three

(3) days of filing with ERAC. The appeal must be accompanied by a filing fee of $70.00,

made payable to "Ohio Treasurer Kevin Boyce," 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 IV

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 November 20,2009. Ohio EPA held a public hearing on December 30,2009 in

Columbus, Ohio. This hearing was held 40 days after the notice was placed in the

register. The ORC 119.03 requirements for public notice contents were met as

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

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

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

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

the director of the legislative service commission (LSC).

Ohio's electronic filing system automatically generates a letter when all the required

elements have been uploaded on the system and the package is proposed. This

letter is included (Attachment A).

Ohio EPA also complied with all requirements for incorporated materials. In

addition, the answers to questions eight and nine of each of the Rule Summary and

Fiscal Analysis (RSFA) documents are provided (Attachment B).

3. ORC 119.03(C): Conduct public hearings as advertised.

Ohio EPA conducted the public hearing on December 30,2009 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 for this rule was held with JCARR on January 21,2010

where these rules were placed on the consent agenda (Attachment C). No

testimony, questions or invalidation of this rule occurred during this hearing. JCARR

jurisdiction expired on January 24, 2010 as evidenced by the JCARR consent

agenda.
Ohio EPA issued the order to adoptthis rule on January 29,2010 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 rule.

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

website, the Register of Ohio, and through an e-mail notice to all interested parties

on August 12,2009. Copies of these notifications can be provided upon request.

ORC 121.39, Provisions applicable to proposed legislation or administrative rules

concerning environmental protection, imposes further requirements for interested party

review specific to environmental rule adoption. Ohio EPA fully complied with the

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

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

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

must also include information on the estimated cost of compliance.

The RSFA and Environmental Rule Adoption/Amendment Form (ERAF) documents

are automatically generated questions that are part of the States electronic rule

filing system (Attachment B). The questions are intended to address the items in

ORC 121.39. As evidenced in item (C) of the ERAF for each rule, Ohio EPA stated

the adoption of the rule, or a version as stringent as, is required in order to maintain

approval to administer a federal environmental law. 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 August 12, 2009 Ohio EPA notified interested parties via e-mail of the draft rule

language. A copy of the notification may be provided upon request. We provided a

33-day comment period closing September 14, 2009. The interested parties list

included Ohio EPA, DAPC's general rule making list. A copy of the interested party

list may be provided upon request.

As evidenced in item (A) of the ERAF for this 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 IV

Attachment A

Letter to Secretary of State

and Director of LSC
ectroni·cRule ~ili

The Honorable Jennifer Brunner

Secretary of State

180 E. Broad St., 15th Floor

Columbus,OH 43215

Mark Flanders, Director

Legislative Service Commission

77 South High St., 9th I'"loor

Columbus,OH 43215

William L. Hills, Executive Director

Joint Committee on Agency Rule Review

77 South High St., Concourse Level

Columbus,OH 43215

Lisa Patt-McDaniel, Director

Department of Development

77 South High St., 27th Floor

Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of

the Ohio Revised Code.

Package Number:

File Date and Time:

Confirmation Number:

ORIGINAL FILE

53557

11/20/200908:41 AM

5b27657ge76ed736ec1a575b8ca3c51f

Rule Number Type FYR? JE Date Eft Date Next FYR Tagline

3745-21-22 Amendment N 01/24/2010 Control of volatile organic compound emissions from offset

lithographic printing and letterpress printing facilities.

Page 1
Article IV

Attachment B

RSFA
Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection A2ency

Agency Name

Division of Air Pollution Control (DAPC)

Division

50 West Town Street, Suite 700 PO Box 1049

Columbus OH 43216-1049

Agency Mailing Address (Plus Zip)

Alan Harness

Contact

614-644-2270

Phone

614-644-3681

Fax

3745-21-22

Rule Number

Rule Title/Tag Line

AMENDMENT

TYPE of rule filing

Control of volatile or2anic compound emissions from offset

litho2raphic printin2 and letterpress printin2 facilities.

RULE SUMMARY

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

review? No

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

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 3704.03(E)

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

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

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

This rule is being filed due to amendments that have been made to the existing rule

in order to provide additional flexibility in complying with the rule. In addition, this

proposal expands the applicability to additional sources in other counties ofthe

State in order to aid in achieving the National Ambient Air Quality Standard for

ozone established by U.S. EPA.

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,

print date: 0'::']62(110 02:37 P.\-l
Page 2

then summarize the content of the rule:

Rule Number: 3745-21-22

Amendments have been made to this rule in cooperation with u.s. EPA and the

Printing Industries Association serving Northern Kentucky and Ohio (PIANKO).

The amendments to the requirements ofthe rule are minor in nature.

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

claims the incorporation by reference is exempt from compliance with sections

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

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

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

available to those persons:

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

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

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

references from the provisions ofORC 121.71 through 121.75.

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

Federal Register. These rules are generally available through libraries, Ohio EPA

and U.s. EPA websites. CFR references have also been dated to reference the

specific version ofthe rules. ORC 121.75(D) exempts such references from the

requirements ofORC 121.71 through 121.74.

The rule also contains references to ASTM standards and USEPA analytical test

methods used to determine parameters for materials subject to this rule or other

materials utilized by regulators and impacted parties to determine or achieve

compliance with these rules. These test methods and materials are commonly

known and utilized by laboratories performing this type of analytical work. Copies

ofthese test methods are available in libraries and the website for USEPA.

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

3745-21-01.

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

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

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

infeasible:

Not applicable.

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

reference, and it was infeasible for the agency to file the text or other material,
Page 3 Rule Number: 3745-21-22

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

Not Applicable.

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

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

Not Applicable.

12. 119.032 Rule Review Date: 4/2/2014

(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

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 concerns industries associated with lithographic and letterpress printing

operations. See attached fiscal analysis.
Page 4 Rule Number: 3745-21-22

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

municipal corporations? No

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

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

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

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

Attachment C

JCARR Agenda
FINAL AGENDA

1 B!.!reau of Workers' Compensation'

JOINT COMMITTEE ON AGENCY RULE REVIEW

Agenda - 1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

Consent

FINAL AGENDA

Original Filing Date: 9/1/2009

2

Total Rules: 1

Rule Type Action

New Rule Refiled Filing

Bureau of Workers' Compensation'

FYR?

No

Date of Refiled Filing: 1/5/2010 Jurisdiction Ends: 2/4/2010

Rule Number Rule Title

4123-18-09 Vocational rehabilitation provider fee schedule.

Public Hearing: 10/8/2009

Rule Title

Definitions.

Applicability of medical rules.

Provider access to the HPP - generally.

Provider access to the HPP - initial provider enrollment period established.

Provider access to the HPP - provider credentialing criteria.

Provider access to the HPP - non-certified provider enrollment.

Provider access to the HPP - provider application and credentialing.

Provider access to the HPP - provider recredentialing and recertification.

Provider access to the HPP - provider not certified.

Provider access to the HPP - eligibility of non-bureau certified providers.

Provider requirement to notify of injury.

MCO participation in the HPP - generally.

Conflict of interest.

Total Rules: 1 Original Filing Date: 11/17/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing Yes 4123-6-37.1

3 Bureau of Workers' Compensation'

Total Rules: 30 Original Filing Date: 11/17/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing Yes 4123-6-01

New Rule Original Filing No 4123-6-01.1

Amendment Original Filing Yes 4123-6-02

Rescission Original Filing Yes 4123-6-02.1

Amendment Original Filing Yes 4123-6-02.2

Amendment Original Filing Yes 4123-6-02.21

Amendment Original Filing Yes 4123-6-02.3

Amendment Original Filing Yes 4123-6-02.4

Amendment Original Filing Yes 4123-6-02.5

Rescission Original Filing Yes 4123-6-02.7

Amendment Original Filing Yes 4123-6-02.8

Rescission Original Filing Yes 4123-6-03

Amendment Original Filing Yes 4123-6-03.10

Jurisdiction Ends: 1/21/2010

Rule Title

Payment of hospital inpatient services.

Jurisdiction Ends: 1/21/2010

Public Hearing: 12/22/2009

Public Hearing: 12/22/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page1·112112010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

112112010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Jurisdiction Ends: 1/21/2010 Public Hearing: 12/22/2009

Rule Title

Employee access to the HPP - generally.

Employee access to the HPP - employee education by MCO and employer.

Employee access to the HPP - employee choice of provider.

Employee access to the HPP - employee choice of provider.

MCO participation in the HPP - MCO application.

MCO participation in the HPP -- MCO application for certification or recertification.

MCO participation in the HPP - MCO conditional certification based on MCO

capacity.

MCO participation in the HPP - MCO certification.

MCO participation in the HPP - administrator's authority to terminate MCO

contracts.

MCO participation in the HPP - bureau's authority to decertify, to refuse to certify or

recertify an MCO.

MCO participation in the HPP - MCO disclosure of relationship.

MCO scope of services - generally.

MCO scope of services - management of medical treatment of provider selected by

employee.

MCO scope of services - MCO medical management and claims management

assistance.

Amendment Original Filing Yes 4123-6-04.4 MCO scope of services - fee bill review and audit process.

Amendment Original Filing Yes 4123-6-04.5 MCO scope of services - bureau claims management.

Rescission Original Filing Yes 4123-6-05.1 Employer access to the HPP - employer enrollment period established.

New Rule Original Filing No 4123-6-05.1 Employer access to the HPP - MCO advertising and solicitation.

Amendment Original Filing Yes 4123-6-05.2 Employer access to the HPP - employer enrollment and selection of MCO.

Amendment Original Filing Yes 4123-6-05.3 Employer access to the HPP; certain solicitation practices by MCOs prohibited.

Amendment Original Filing Yes 4123-6-05.4 Employer access to the HPP; payment for group rating referrals prohibited.

Total Rules: 1 Original Filing Date: 11/17/2009 Date of Refiled Filing: 1/15/2010 Jurisdiction Ends: 2/14/2010 Public Hearing: 12/22/2009

Rule Title

Provider access to the HPP -- selection by an MCO.

Rescission Original Filing Yes 4123-6-03.2

New Rule Original Filing No 4123-6-03.2

Amendment Original Filing Yes 4123-6-03.3

Amendment Original Filing Yes 4123-6-03.4

Amendment Original Filing Yes 4123-6-03.6

Amendment Original Filing Yes 4123-6-03.7

Amendment Original Filing Yes 4123-6-03.9

Rescission Original Filing Yes 4123-6-04

Rescission Original Filing Yes 4123-6-04.2

Amendment Original Filing Yes 4123-6-04.3

Rule Type Action FYR? Rule Number

Amendment Refiled Filing Yes 4123-6-02.6

4 Bureau of Workers' Compensation·

Total Rules: 19 Original Filing Date: 11/17/2009

Rule Type Action FYR? Rule Number

Rescission Original Filing Yes 4123-6-06

Amendment Original Filing Yes 4123-6-06.1

Rescission Original Filing Yes 4123-6-06.2

New Rule Original Filing No 4123-6-06.2

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page2·112112010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

112112010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Rule Title

Obligation for submitting reports.

Charges for copies of medical reports.

Payment for outpatient medication by self-insuring employer.

Jurisdictional principles applicable to payment of bills for medical services rendered

by health care providers.

Treatment necessary due to an industrial injury or occupational disease.

Payment for medical supplies and services.

Treatment of more than one condition or to more than one part of the body.

Request for information by the treating provider.

Payment for physical medicine.

Payment for acupuncture.

Paymentfor miscellaneous medical services and supplies.

Payment for x-rays.

Employee access to the HPP - application of rules to claims.

Balance billing prohibited.

Payment during adjudication of claim.

MCO payment to providers.

Payment to providers.

Payment to bureau certified provider.

Payment to non-bureau certified provider.

Payment to MCOs.

MCO bill submission to bureau.

Confidentiality of records.

Confidentiality of records.

Bureau review of HPP medical disputes.

HPP medical treatment guidelines.

Bureau refusal to certify or. recertify, action to decertify a provider or MCO -

standards and procedures for adjudication hearings.

Data gathering and reporting.

Rescission Original Filing Yes 4123-6-06.3

Rescission Original Filing Yes 4123-6-07

Rescission Original Filing Yes 4123-6-09

Rescission Original Filing Yes 4123-6-10

New Rule Original Filing No 4123-6-10

Rescission Original Filing Yes 4123-6-11

Rescission Original Filing Yes 4123-6-12

Amendment Original Filing Yes 4123-6-13

Amendment Original Filing Yes 4123-6-14

Rescission Original Filing Yes 4123-6-15

New Rule Original Filing No 4123-6-15

Rescission Original Filing Yes 4123-6-16.1

New Rule Original Filing No 4123-6-16.1

Amendment Original Filing Yes 4123-6-17

Amendment Original Filing Yes 4123-6-18

5 Bureau of Workers' Compensation·

Total Rules: 26 Original Filing Date: 11/17/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing Yes 4123-6-20

Amendment Original Filing Yes 4123-6-20.1

New Rule Original Filing No 4123-6-21.1

Amendment Original Filing Yes 4123-6-23

Rescission Original Filing Yes 4123-6-24

Amendment Original Filing Yes 4123-6-25

Rescission Original Filing Yes 4123-6-28

Amendment Original Filing Yes 4123-6-29

Amendment Original Filing Yes 4123-6-30

Rescission Original Filing Yes 4123-6-31

New Rule Original Filing No 4123-6-31

Rescission Original Filing Yes 4123-6-32

Jurisdiction Ends: 1/21/2010 Public Hearing: 12/22/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page3·1/21/2010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Rule Title

Self-insured employer participation in the QHP system; reporting requirements for

non-participating employers.

Employer participation in the QHP system - bureau certification of QHPs.

Employer participation in the QHP system - initial QHP certification enrollment

period established; length of certification period.

Employer participation in the QHP system - bureau's authority to revoke

certification, to refuse to certify or recertify a QHP.

Employee access to the QHP system - choice and change of provider.

Provider access to the QHP system - generally.

Provider access to the QHP system - provider participation in QHP system and

other related health care program not linked.

Provider access to the QHP system - QHP provider selection.

Payment for dental care.

Payment for eyeglasses and contact lenses.

Payment for hearing aids.

Payment for shoes, braces, and other orthotic devices.

Payment of hospital bills.

Payment for home health nursing services.

Payment for nursing and caregiver services provided by persons other than home

health agency employees.

Payment of nursing home and residential care/assisted living services.

Payment for prosthetic device or other artificial appliances.

No legal relationship between the industrial commission or bureau and a health

care provider.

Payment for equipment, materials, goods, supplies or services and interest

incurred.

Payment for transcutaneous electrical nerve stimulators and neuromuscular

electrical stimulators.

Bureau fees for practitioner services rendered by in-state and out-of-state

practitioners.

Standardized or negotiated payment rates for services or supplies.

Rescission Original Filing Yes 4123-6-33

Rescission Original Filing Yes 4123-6-34

Rescission Original Filing Yes 4123-6-35

Rescission Original Filing Yes 4123-6-36

Amendment Original Filing Yes 4123-6-37

Amendment Original Filing Yes 4123-6-38

Amendment Original Filing Yes 4123-6-38.1

Amendment Original Filing Yes 4123-6-38.2

Amendment Original Filing Yes 4123-6-39

Amendment Original Filing Yes 4123-6-41

Amendment Original Filing Yes 4123-6-42

Amendment Original Filing Yes 4123-6-43

Amendment Original Filing Yes 4123-6-44

Amendment Original Filing Yes 4123-6-46

6 Bureau of Workers' Compensation'

Total Rules: 19 Original Filing Date: 11/17/2009

Rule Tvpe Action FYR? Rule Number

Rescission Original Filing Yes 4123-6-50

Amendment Original Filing Yes 4123-6-51

Rescission Original Filing Yes 4123-6-52

Amendment Original Filing Yes 4123-6-55

Rescission Original Filing Yes 4123-6-56

Rescission Original Filing Yes 4123-6-57

Amendment Original Filing Yes 4123-6-58

Amendment Original Filing Yes 4123-6-59

Jurisdiction Ends: 1/21/2010 Public Hearing: 12/22/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215' (614) 466-4086' www.jcarr.state.oh.us·Page4·1/21/2010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Rule Title

Jurisdictional principles applicable to payment of bills for medical services rendered

by health care providers.

Treatment necessary on account of an industrial injury or occupational disease.

Payment for medical supplies and services.

Claimant reimbursement.

Treatment by more than one physician.

Treatment of more than one condition or to more than one part of the body.

Filing of bills.

Obligation for submitting reports.

Request for information by the treating physician.

Free choice of physician and of other medical services.

Payment for physiotherapy treatment.

Payment for chiropractic treatment.

Provider access to the QHP system - medical record keeping.

Payment in the QHP system - employer responsibility - generally.

Payment in the QHP system - balance billing prohibited.

Payment in the QHP system - application of bureau fee schedule in the QHP

system.

Payment in the QHP system - vendor payment to providers.

Payment in the QHP system - authorization and payment for initial emergency

medical treatment.

Payment in the QHP system - payment to providers in states that border Ohio.

Providers in states that do not border Ohio - QHP freedom to negotiate; restriction

on provider charges to employee.

Evaluation of the QHP system by the bureau; reporting requirements by employers

and QHPs.

Initial report of an injury and reporting requirements by providers and employees in

the QHP system.

Bureau requirement to develop information describing rights under the QHP

system.

Rescission Original Filing Yes 4123-6-60

Rescission Original Filing Yes 4123-6-61

Rescission Original Filing Yes 4123-6-62

Rescission Original Filing Yes 4123-6-63

Rescission Original Filing Yes 4123-6-64

Rescission Original Filing Yes 4123-6-66

Rescission Original Filing Yes 4123-6-67

Rescission Original Filing Yes 4123-6-68

Amendment Original Filing Yes 4123-6-70

Rescission Original Filing Yes 4123-6-71

Rescission Original Filing Yes 4123-6-73

7 Bureau of Workers' Compensation·

Total Rules: 30 Original Filing Date: 11/17/2009

Rule Tvpe Action FYR? Rule Number

Rescission Original Filing Yes 4123-7-01

Rescission Original Filing Yes 4123-7-02

Rescission Original Filing Yes 4123-7-03

Rescission Original Filing Yes 4123-7-04

Rescission Original Filing Yes 4123-7-05

Rescission Original Filing Yes 4123-7-06

Rescission Original Filing Yes 4123-7-07

Rescission Original Filing Yes 4123-7-08

Rescission Original Filing Yes 4123-7-09

Rescission Original Filing Yes 4123-7-10

Rescission Original Filing Yes 4123-7-12

Rescission Original Filing Yes 4123-7-13

Jurisdiction Ends: 1/21/2010 Public Hearing: 12/22/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page5·1/21/2010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

4123-7-35

4123-7-33

4123-7-34

4123-7-30

4123-7-25.1

4123-7-26

4123-7-28

4123-7-14

4123-7-15

4123-7-17

4123-7-18

4123-7-19

4123-7-20

4123-7-21

4123-7-23

4123-7-24

4123-7-25

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Acupuncture.

Payment for x-rays.

Medical billing in self-insured claims.

Payment for dental care.

Payment for eyeglasses and contact lenses.

Payment for hearing aids.

Payment for: shoes, braces, and other orthotic devices.

Payment for outpatient medication.

Payment of hospital bills.

Payment for home health nursing services.

Payment for nursing and caregiver services provided by persons other than home

health agency employees.

Payment to nursing homes and residential care/assisted living services.

Payment for prosthetic device or other artificial appliances.

No legal relationship between the industrial commission or self-insuring employer

and a health care provider.

Medical rules apply to both self-insuring employers and industrial commission.

Payment for transcutaneous electrical nerve stimulators and neuromuscular

electrical stimulators.

Payments for practitioner services rendered by in-state and out-of-state

practitioners.

Rescission Original Filing Yes 4123-7-39 Standardized or negotiated payment rates for services or supplies.

Department of Administrative Services' Division of Human Resources

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

Rescission

8

Total Rules: 2 Original Filing Date: 11/20/2009 Jurisdiction Ends: 1/24/2010 Public Hearing: 12/22/2009

Rule Type Action FYR? Rule Number Rule Title

Amendment Original Filing No 123:1-3-01 Position audits.

Amendment Original Filing No 123:1-7-24 Classifications for the office of the secretary of state.

Total Rules: 1 Original Filing Date: 11/20/2009 Date of Refiled Filing: 1/5/2010 Jurisdiction Ends: 2/4/2010 Public Hearing: 12/22/2009

Rule Type Action FYR? Rule Number Rule Title

Amendment Refiled Filing No 123:1-7-15 State managerial and supervisory classifications.

9 Department of Administrative Services' Division of Human Resources

Total Rules: 3 Original Filing Date: 11/30/2009 Jurisdiction Ends: 2/3/2010 Public Hearing: 1/4/2010

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page6·112112010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

112112010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Rule Title

123:1-41-03

Rule Number

123:1-39-01

Yes

FYR?

No

Rescission Original Filing

Rule Type Action

Amendment Original Filing Professional development fund.

Determination of lack of funds or lack of work for county offices, and

state-supported colleges and universities and the filing of a statement of rationale

and supporting information.

Amendment Original Filing No 123:1-41-08 Verification of retention points.

10 Department of Administrative Services' Division of Public Works/Office of State Architects and Engineers

Public Hearing: 12/22/2009

Public Hearing: 1/7/2010

Public Hearing: 1/4/2010

Jurisdiction Ends: 1/23/2010

Rule Title

Services performed by the division of analytical services.

Services performed by the division of animal industry.

Jurisdiction Ends: 2/3/2010

Rule Title

Mandatory clauses.

Adult day service.

Personal care service.

Transportation service.

Restaurant and grocery meal service.

Date of Revised Filing: 11/30/2009 Jurisdiction Ends: 2/3/2010

Rule Title

Purpose.

Definitions as used in this chapter.

Requirements.

Procedures and guidelines for new and renovated facilities.

Procedures and guidelines for leased facilities.

Requirements for building operator certification and tracking building energy

consumption.

Requirements for local administration of installment payment energy conservation

contracts.

Total Rules: 7 Original Filing Date: 11/30/2009

Rule Type Action FYR? Rule Number

Amendment Revised Filing Yes 123:4-1-01

Amendment Revised Filing Yes 123:4-1-02

Amendment Revised Filing Yes 123:4-1-03

Amendment Revised Filing Yes 123:4-1-04

Amendment Revised Filing Yes 123:4-1-05

New Rule Revised Filing No 123:4-1-06

New Rule Revised Filing No 123:4-1-07

11 Department of Aging'

Total Rules: 5 Original Filing Date: 11/30/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing No 173-3-06

Amendment Original Filing No 173-3-06.1

Amendment Original Filing No 173-3-06.5

Amendment Original Filing No 173-3-06.6

Amendment Original Filing No 173-4-04.2

12 Department of Agriculture'

Total Rules: 2 Original Filing Date: 11/19/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing Yes 901-15-02

Amendment Original Filing Yes 901-15-05

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page7·112112010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

112112010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

13 Department of Agriculture·

Total Rules: 3 Original Filing Date: 11/27/2009 Date of Revised Filing: 11/30/2009 Jurisdiction Ends: 1/31/2010 Public Hearing: 12/30/2009

Rule Type Action FYR? Rule Number Rule Title

Amendment Revised Filing No 901-17-01 Rural rehabilitation program.

Amendment Revised Filing No 901-17-02 Program design.

Amendment Revised Filing No 901-17-03 Program eligibility.

14 Department of Agriculture· Meat Inspection

Total Rules: 11 Original Filing Date: 11/27/2009 Jurisdiction Ends: 1/31/2010 Public Hearing: 12/30/2009

Rule Type Action FYR? Rule Number Rule Title

Amendment Original Filing No 901:2-1-01 Uniform state meat inspection service.

Amendment Original Filing Yes 901:2-1-02 Amended definitions.

Amendment Original Filing No 901 :2-1-03 Deleted regulations.

Amendment Original Filing Yes 901 :2-1-04 Modifications.

Amendment Original Filing No 901 :2-3-01 Ohio poultry inspection service.

Amendment Original Filing Yes 901:2-3-02 Amended definitions.

Amendment Original Filing No 901:2-3-03 Deleted regulations.

Amendment Original Filing Yes 901 :2-3-04 Modifications.

Rescission Original Filing Yes 901 :2-4-01 Sanitary performance standards.

Rescission Original Filing Yes 901:2-4-02 Listeria monocytogenes control measures.

Rescission Original Filing Yes 901 :2-5-01 Preparation and processing operations.

15 Department of Job and Family Services· Division of Food Stamps

Total Rules: 4 Original Filing Date: 11/20/2009 Jurisdiction Ends: 1/24/2010 Public Hearing:

Rule Type Action FYR? Rule Number Rule Title

Amendment Original Filing Yes 5101 :4-4-11 Food stamps: income standards.

Rescission Original Filing Yes 5101 :4-4-27 Food stamps: determining monthly food stamp benefits.

New Rule Original Filing No 5101 :4-4-27 Food assistance: determining monthly food assistance benefits.

Rescission Original Filing Yes 5101 :4-5-01 Food stamps: determining the monthly allotment.

16 Department of Job and Familv Services· Division of Food Stamps

Total Rules: 10 Original Filing Date: 11/30/2009 Jurisdiction Ends: 2/3/2010 Public Hearing:

Rule Type Action FYR? Rule Number Rule Title

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page8·1/21/2010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

112112010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

•

5101 :4-6-01

5101 :4-6-01

5101 :4-2-02

5101 :4-2-02

5101 :4-2-05

5101 :4-2-05

5101:4-2-11

5101 :4-2-11

5101 :4-3-08

5101 :4-3-08

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Original Filing

Original Filing

Original Filing

Original'Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Original Filing

Rescission

New Rule

Rescission

New Rule

Rescission

New Rule

Rescission

New Rule

Rescission

New Rule

Food stamps: categorically eligible assistance groups (AGs).

Food assistance: categorically eligible assistance groups.

Food stamps: authorized representatives.

Food assistance: authorized representatives.

Food stamps: timeliness standard.

Food assistance: timeliness standard and benefit issuance.

Food stamps: reporting illegal aliens.

Food assistance: reporting illegal aliens.

Food stamps: determining eligibility of individuals in a drug addiction and alcoholic

treatment and rehabilitation programs.

Food assistance: determining eligibility of individuals in drug addiction and

alcoholic treatment and rehabilitation programs.

17 Department of Job and Family Services· Division of Medical Assistance

Total Rules: 1 Original Filing Date: 4/15/2008 Date of Refiled Filing: 1/5/2010 Jurisdiction Ends: 2/4/2010 Public Hearing: 12/7/2009

Rule Type Action FYR? Rule Number Rule Title

Amendment Refiled Filing Yes 5101 :3-27-05 Reimbursement and rate setting for community mental health medicaid services.

18 Department of Job and Family Services· Division of Medical Assistance

Total Rules: 1 Original Filing Date: 11/16/2009 Date of Refiled Filing: 1/5/2010 Jurisdiction Ends: 2/4/2010

Rule Type Action FYR? Rule Number Rule Title

Amendment Refiled Filing Yes 5101 :3-3-42.4 Nursing facilities (NFs): nonreimbursable costs.

19 Department of Job and Family Services· Division of Medical Assistance

Public Hearing: 12/23/2009

Total Rules: 1 Original Filing Date: 11/30/2009 Jurisdiction Ends: 2/3/2010 Public Hearing: 1/5/2010

Rule Type Action FYR? Rule Number Rule Title

Amendment Original Filing. No 5101 :3-2-23 Cost reports.

20 Department of Job and Family Services· Division of Medical Assistance

Total Rules: 2 Original Filing Date: 11/17/2009 Jurisdiction Ends: 1/21/2010 Public Hearing: 12/21/2009

Rule Type Action

Amendment Original Filing

Amendment Original Filing

FYR?

Yes

No

Rule Number

5101:3-1-09

5101:3-1-13.1

Rule Title

Medicaid co-payment program [except for medicaid consumers enrolled in the

medicaid managed health care program].

Medicaid consumer liability [except for medicaid consumers enrolled in the

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086' www.jcarr.state.oh.us·Page9·112112010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

medicaid managed health care program].

Total Rules: 1 Original Filing Date: 11/17/2009 Date of Revised Filing: 11/30/2009 Jurisdiction Ends: 1/21/2010

Rule Type Action FYR? Rule Number Rule Title

Public Hearing: 12/21/2009

Amendment Revised Filing Yes 5101:3-1-19 General principles regarding claim submission [except for services provided

through a medicaid managed care program].

21 Department of Job and Family Services· Division of Medical Assistance

Jurisdiction Ends: 1/21/2010 Public Hearing: 12/21/2009

Rule Title

5101 :3-9-09

Rule Number

5101 :3-9-02

Yes

Yes

Original Filing Date: 11/17/2009

FYR?

Amendment Original Filing

Total Rules: 3

Rule Type Action

Amendment Original Filing Pharmacy services: medical supplies and durable medical equipment.

Consumer co-payments for certain pharmacy medications (except for consumers

enrolled in the medicaid managed health care program).

Rescission Original Filing Yes 5101:3-10-17 Blood glucose monitors (glucometers) and supplies.

22 Department of Job and Family Services· Division of Medical Assistance

Total Rules: 2 Original Filing Date: 11/30/2009 Jurisdiction Ends: 2/3/2010 Public Hearing: 1/5/2010

New Rule Refiled Filing No 5101:3-2-54

Rule Type Action FYR? Rule Number Rule Title

Amendment Original Filing No 5101 :3-2-50 Supplemental inpatient hospital upper limit payments for public hospitals.

Amendment Original Filing No 5101 :3-2-51 Supplemental inpatient hospital upper limit payments for state hospitals.

Total Rules: 3 Original Filing Date: 11/30/2009 Date of Refiled Filing: 1/8/2010 Jurisdiction Ends: 2/7/2010 Public Hearing: 1/5/2010

Rule Type Action FYR? Rule Number Rule Title

New Rule Refiled Filing No 5101 :3-2-52 Supplemental inpatient hospital payments for private hospitals.

Amendment Refiled Filing Yes 5101 :3-2-53 Supplemental inpatient hospital payments for children's hospitals.

Supplemental outpatient hospital upper limit payments for private, public non

state-owned, and public state-owned hospitals.

23 Department of Job and Family Services· Division of Medical Assistance

Total Rules: 4 Original Filing Date: 11/17/2009 Jurisdiction Ends: 1/21/2010 Public Hearing: 12/21/2009

Rule Type

Amendment

Amendment

Rescission

Amendment

Action

Original Filing

Original Filing

Original Filing

Original Filing

FYR?

No

No

Yes

No

Rule Number

5101 :3-26-02.1

5101 :3-26-03

5101 :3-26-09.2

5101:3-26-12

Rule Title

Managed health care programs: termination of membership.

Managed health care programs: covered services.

Managed health care programs: franchise permit fee.

Managed health care programs: member co-payments.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page10·1/21/2010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

24 Department of Job and Family Services' Division of Social Services

Total Rules: 5 Original Filing Date: 11/30/2009 Jurisdiction Ends: 2/3/2010 Public Hearing: 1/6/2010

Rule Type Action FYR? Rule Number Rule Title

Rescission Original Filing Yes 5101 :2-33-18 Administration of the Title IV-E adoption assistance program.

Rescission Original Filing Yes 5101 :2-49-02 Adoption assistance eligibility requirement.

New Rule Original Filing No 5101 :2-49-02.1 Title IV-E adoption assistance AFDC-relatedness eligibility criteria.

Rescission Original Filing Yes 5101 :2-49-03 Special needs criteria for adoption assistance.

Amendment Original Filing No 5101:2-49-13 Termination of adoption assistance.

Total Rules: 12 Original Filing Date: 11/30/2009 Date of Refiled Filing: 1/5/2010 Jurisdiction Ends: 2/4/2010 Public Hearing: 1/6/2010

Rule Type Action FYR? Rule Number Rule Title

Amendment Refiled Filing No 5101 :2-49-01 Adoption assistance criteria and application process.

New Rule Refiled Filing No 5101 :2-49-02 Adoption assistance eligibility criteria.

New Rule Refiled Filing No 5101 :2-49-03 Special needs criteria for adoption assistance.

Amendment Refiled Filing No 5101 :2-49-04 Age requirement for adoption assistance.

Amendment Refiled Filing No 5101 :2-49-06 Adoption assistance agreement and duration: provision for financial support and

services.

Amendment Refiled Filing No 5101 :2-49-07 Adoption assistance agreement only with no payment.

Amendment Refiled Filing No 5101 :2-49-08 Beginning date of an adoption assistance payment.

Amendment Refiled Filing No 5101 :2-49-09 Title IV-E adoption assistance post-finalization application.

Amendment Refiled Filing No 5101:2-49-10 Determination of continuing eligibility requirements for adoption assistance.

Amendment Refiled Filing No 5101 :2-49-12 Modification/amendment of an adoption assistance agreement rule.

Amendment Refiled Filing No 5101 :2-49-15 Retroactive adoption assistance payment process.

Amendment Refiled Filing No 5101:2-49-19 Title XIX medicaid coverage for Title IV-E adoption assistance eligible children

(COBRA).

25 Department of Job and Family Services' Division of Social Services

Total Rules: 3 Original Filing Date: 10/13/2009 Date of Refiled Filing: 1/5/2010 Jurisdiction Ends: 2/4/2010 Public Hearing: 11/17/2009

Rule Type Action

Amendment Refiled Filing

Amendment Refiled Filing

Amendment Refiled Filing

FYR?

Yes

Yes

Yes

Rule Number

5101 :2-48-11.1

5101 :2-48-12

5101 :2-48-22

Rule Title

Foster caregiver adoption of a foster child who has resided with the caregiver for at

least six consecutive months.

Completion of the homestudy.

Adoptive family case record.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 11·112112010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

26 Department of Job and Family Services· Division of Social Services

Total Rules: 1 Original Filing Date: 11/30/2009 Date of Refiled Filing: 1/13/2010 Jurisdiction Ends: 2/12/2010

Rule Type Action FYR? Rule Number Rule Title

Amendment Refiled Filing Yes 5101 :2-5-13 Required agency policies, plans and procedures.

27 Department of Job and Family Services· Division of Social Services

Public Hearing: 1/5/2010

Total Rules: 4 Original Filing Date: 11124/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing No 5101 :2-16-42

Rule Title

Reimbursement ceiling waivers for children with special needs.

Use of the JFS 01140 "Certificate of Authorization for Payment of Publicly Funded

Child Care Services (COAP)" to contract with providers.

Use of the JFS 01140 "Temporary Voucher for Publicly Funded Child Care

Services".

Rescission Original Filing

New Rule Original Filing

Yes

No

5101 :2-16-55

5101 :2-16-55

Jurisdiction Ends: 1/28/2010 Public Hearing: 12/29/2009

Amendment Original Filing No 5101:2-16-71 Child care improper payments.

Total Rules: 6 Original Filing Date: 11/24/2009 Date of Refiled Filing: 1/12/2010 Jurisdiction Ends: 2/11/2010 Public Hearing: 12/29/2009

Rule Type Action FYR? Rule Number

Amendment Refiled Filing No 5101:2-16-01

Amendment Refiled Filing No 5101:2-16-07

Amendment Refiled Filing No 5101 :2-16-35

Amendment Refiled Filing No 5101:2-16-39

Amendment Refiled Filing No 5101 :2-16-41

Amendment Refiled Filing No 5101 :2-16-44

28 Department of Job and Family Services· Division of Social Services

Rule Title

Definitions for eligibility for publicly funded child care benefits.

County department of job and family services administrative responsibilities for

determining eligibility for publicly funded child care benefits.

Determination of eligibility by the county department of job and family services

(CDJFS) for publicly funded child care benefits.

Copayment for publicly funded child care benefits.

Reimbursement rates for providers of publicly funded child care.

County department of job and family services requirements for the purchase of

child care servicesP.

Total Rules: 1 Original Filing Date: 11/20/2009 Jurisdiction Ends: 1/24/2010 Public Hearing: 12/23/2009

Rule Type Action

Amendment Original Filing

29 Department of Mental Health·

FYR?

No

Rule Number

5101 :2-33-80

Rule Title

Retained applicant fingerprint database information exchange (Rapback).

Total Rules: 1 Original Filing Date: 11/25/2009 Jurisdiction Ends: 1/29/2010 Public Hearing: 12/29/2009

JCARR 77 South High Street· Concourse Level' Columbus, Ohio 43215' (614) 466-4086' www.jcarr.state.oh.us·Page12·112112010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

112112010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Original Filing Date: 11/25/2009

Amendment Original Filing 5122-31-01

Rule Number Rule Title

Mental health board/mental health agency procedures for residential state

supplement (RSS) placements for persons with mental illness.

Date of Refiled Filing: 1/15/2010 Jurisdiction Ends: 2/14/2010 Public Hearing: 12/29/2009

FYR?

Yes

Action

Total Rules: 1

Rule Type

Rule Type Action

Amendment Refiled Filing

FYR?

Yes

Rule Number

5122-31-02

Rule Title

Mental health board/mental health agency accountability rule related to adult care

facility (ACF) placements for persons with mental illness.

30 Department of Public Safety· Bureau of Motor Vehicles

Total Rules: 1 Original Filing Date: 11/20/2009 Jurisdiction Ends: 1/24/2010 Public Hearing: 12/21/2009

Rule Type Action

Amendment Original Filing

FYR?

No

Rule Number

4501 :1-7-05

Rule Title

Registration of commercial trucks, commercial trailers, and commercial

semitrailers.

31 Office of Budget and Management·

Total Rules: 1 Original Filing Date: 10/28/2009 Date of Refiled Filing: 1/13/2010 Jurisdiction Ends: 2/12/2010 Public Hearing: 12/3/2009

Rule Title

Reimbursement of interviewing, moving, and temporary living expenses.

Rule Title

Definitions.

Prohibition and applicability.

Content of a permit application.

Transition and application filing dates.

Application completeness determination.

Application shield.

Permit content.

Permit issuance, modifications, revisions, revocations, and reopenings.

Permit review by the administrator and affected states.

State law applicability.

Rule Type Action FYR? Rule Number

Amendment Refiled Filing Yes 126-1-03

32 Ohio Environmental Protection Agency·

Total Rules: 10 Original Filing Date: 11/23/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing Yes 3745-77-01

Amendment Original Filing Yes 3745-77-02

Amendment Original Filing Yes 3745-77-03

Amendment Original Filing Yes 3745-77-04

Amendment Original Filing Yes 3745-77-05

Amendment Original Filing Yes 3745-77-06

Amendment Original Filing Yes 3745-77-07

Amendment Original Filing Yes 3745-77-08

Amendment Original Filing Yes 3745-77-09

Amendment Original Filing Yes 3745-77-10

33 Ohio Environmental Protection Aaencv •

Jurisdiction Ends: 1/27/2010 Public Hearing: 12/30/2009

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FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Total Rules: 1 Original Filing Date: 11/20/2009

Rule Type Action FYR? Rule Number Rule Title

Control of volatile organic compound emissions from offset lithographic printing and

letterpress printing facilities. Amendment Original Filing No 3745-21-22

Jurisdiction Ends: 1/24/2010 Public Hearing: 12/30/2009

34 Ohio Environmental Protection Agency'

Total Rules: 3 Original Filing Date: 11/24/2009 Jurisdiction Ends: 1/28/2010 Public Hearing: 12/29/2009

Amendment Original Filing Yes

Amendment Original Filing Yes

Amendment Original Filing Yes

35 Ohio Environmental Protection Agency'

Rule Type Action FYR? Rule Number

3745-81-11

3745-81-19

3745-81-26

Rule Title

Maximum contaminant levels and best available technologies for inorganic

contaminants.

Use of bottled water and point-of-use or point-of-entry treatment devices.

Radionuclide monitoring requirements.

Rule Title

Definitions.

Tampering prohibitions.

Anti-tampering inspection procedures and requirements.

Rule Title

Definitions.

Cancellation of certificates.

Citations.

The procedure to be followed in motor bus abandonment cases.

Total Rules: 3 Original Filing Date: 11/20/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing Yes 3745-80-01

Amendment Original Filing Yes 3745-80-02

Amendment Original Filing Yes 3745-80-03

36 Public Utilities Commission of Ohio'

Total Rules: 4 Original Filing Date: 11/27/2009

Rule Type Action FYR? Rule Number

Amendment Original Filing Yes 4901-5-01

Amendment Original Filing Yes 4901-5-02

Amendment Original Filing Yes 4901-5-03

Rescission Original Filing Yes 4901-5-11

37 Public Utilities Commission of Ohio' Motor Carriers

Jurisdiction Ends: 1/24/2010

Jurisdiction Ends: 1/31/2010

Public Hearing: 12/30/2009

Public Hearing:

Total Rules: 6 Original Filing Date: 11/24/2009 Jurisdiction Ends: 1/28/2010 Public Hearing:

Rule Type

Amendment

Amendment

Amendment

Action

Original Filing

Original Filing

Original Filing

FYR?

Yes

Yes

Yes

Rule Number

4901:2-13-01

4901 :2-13-02

4901:2-13-05

Rule Title

Who must file insurance.

Amounts of insurance.

Separate filings.

JCARR 77 South High Street· Concourse Level, ColumbUS, Ohio 43215' (614) 466-4086' www.jcarr.state.oh.us·Page14·1/21/2010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/21/2010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Amendment Original Filing

Amendment Original Filing

Amendment Original Filing

Yes

Yes

Yes

4901 :2-13-08

4901 :2-13-09

4901 :2-13-10

Expiration and cancellation of insurance; rescission of cancellation.

Reinstatement after insurance revocation.

Transfer of motor carrier authority.

Withdrawn

38 Board of Nursing'

Total Rules: 1 Original Filing Date: 10/13/2009 Date of Withdrawn Filing: 1/15/2010 Jurisdiction Ends: Public Hearing: 11/18/2009

Rule Type Action FYR? Rule Number Rule Title

Amendment Withdrawn Filing No 4723-9-03 Completing a course of study in advanced pharmacology.

39 Department of Rehabilitation and Correction'

Total Rules: 1 Original Filing Date: 1/10/2008 Date of Withdrawn Filing: 1/6/2010 Jurisdiction Ends: Public Hearing: 2/19/2008

Rule Type Action FYR? Rule Number Rule Title

Amendment Withdrawn Filing Yes 5120-3-08 Inmate compensation for work program assignments and related matters.

40 Department of Rehabilitation and Correction'

Total Rules: 2 Original Filing Date: 10/29/2008 Date of Withdrawn Filing: 1/8/2010 Jurisdiction Ends:

Rule Type Action FYR? Rule Number Rule Title

Rescission Withdrawn Filing Yes 5120-9-59 Smoking and tobacco use in institutions.

New Rule Withdrawn Filing No 5120-9-59 Tobacco-Free Environment.

41 Department of Rehabilitation and Correction' Division of Parole and Community Services

Total Rules: 1 Original Filing Date: 4/7/2009 Date of Withdrawn Filing: 1/6/2010 Jurisdiction Ends:

Rule Type Action FYR? Rule Number Rule Title

Amendment Withdrawn Filing No 5120:1-1-40 Parole of dying prisoner.

Review

Public Hearing: 12/3/2008

Public Hearing:

42 Department of Agriculture'

Total Rules: 2 Original Filing Date: 11/27/2009 Date of Refiled Filing: 1/5/2010

Rule Type Action FYR? Rule Number Rule Title

Jurisdiction Ends: 2/4/2010 Public Hearing: 12/30/2009

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page15·1/21/2010
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

112112010 - 1:30 P.M.

William McKinley Room (Statehouse Room 121)

FINAL AGENDA

Rates for laboratory services performed by the division of weights and measures.

Rates for type evaluation.

Amendment Refiled Filing Yes 901-15-04

Amendment Refiled Filing Yes 901-15-04.1

43 Department of Agriculture· Weights and Measures

Total Rules: 1 Original Filing Date: 11/27/2009 Date of Refiled Filing: 1/5/2010 Jurisdiction Ends: 2/4/2010 Public Hearing: 12/30/2009

Rule Type Action FYR? Rule Number Rule Title

Amendment Refiled Filing Yes 901 :6-8-01 Voluntary registration of Ohio's servicepersons and service agencies.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466-4086· www.jcarr.state.oh.us·Page16·1/21/201 0
Article IV

Attachment D

Final Adoption Notice to LSC

Director and Secretary of

State
fronic Rule ~mn,

The Honorable Jennifer Brunner

Secretary of State

180 E. Broad St., 15th Floor

Columbus,OH 43215

Mark Flanders, Director

Legislative Service Commission

77 South High St., 9th Floor

Columbus,OH 43215

William L. Hills, Executive Director

Joint Committee on Agency Rule Review

77 South High St., Concourse Level

Columbus,OH 43215

Lisa Patt·McDaniel, Director

Department of Development

77 South High St., 27th Floor

Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 of the

Ohio Revised Code.

Package Number:

File Date and Time:

Confirmation Number:

FINAL FILE

53557

01/29/2010 10:55 AM

59b116ae37f2948cb8a2a5f8844cd17

Rule Number Type FYR? JE Date Eft Date Next FYR Tagline

3745-21-22 Amendment N 01/24/2010 02/10/2010 Control of volatile organic compound emissions from offset

lithographic printing and letterpress printing facilities.

Page 1
Article V

Hearing Transcript
BEFORE THE OHIO EPA

IN RE:

DAPC OAC RULE 3745-21-22,

LITHOGRAPHIC AND

LETTERPRESS PRINTING.

Taken before Michelle K. Douridas,

a Registered Professional Reporter and

Notary Public in and for the State of Ohio,

at 50 East Town Street, Conference Room B,

Columbus, Ohio, commencing on Wednesday, December

30th,2009, at 11:00 a.m.

MODERATOR MARY McCARRON

JAN 0D2010

PIC

Main Office

8036 Smoke Road

Pataskala, Ohio 43062

(740) 927-3338

(800) 852-6163

Fax (7401927-3436

Columbus, Ohio

(614) 228-0018

Newark, Ohio

(7-"01145-8556
Page 2

PRO C E E DIN G S

2

3 MODERATOR McCARRON: My name lS Mary

4 McCarron. I'll be presiding over the hearing

5 today.

6 Thank you for taking the time to attend

7 the hearing before Ohio EPA. The purpose of the

8 hearing is to get any comments from any

9 interested persons regarding these proposed

10 rules.

11 Ohio EPA's Division of Air Pollution

12 Control is proposing to amend rule in Ohio

13 Administrative Code Chapter 3745-21-22,

14 Li thographic and Letterpress Printing. These

15 r u 1 e s h a v e bee n f i 1 e d wit h the J 0 i n t Comm itt e eon

16 Agency Rule Review.

17 Copies of the rule are available for

18 public review at Ohio EPA's Columbus office and

19 may be obtained by contacting Alan Harness with

20 Ohio EPA's Division of Air Pollution control at

21 614-644-4838.

22 All persons are entitled to be

23 represented and/or attend and to present oral

24 and/or written comments concerning the proposed

Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
Page 3

rules.

2 Written and oral comments received as

3 part of the official record will be reviewed by

4 Ohio EPA's Director.

5 To be included on the official record,

6 written comments must be received by the close of

7 business today, Wednesday, December 30, 2009.

8 These comments may be filed with me today or

9 e-mailed to alan.harness@epa.state.oh.us.

10 All written comments submitted for the

11 record receive the same consideration as oral

12 testimony given today.

13 If you want to present oral testimony, I

14 see that you signed in, I'll call your name. If

15 you don't want to say anything, just go ahead and

16 say "Pass" when I call your name.

17 If you do want to put testimony on the

18 record, just go ahead and proceed with your

19 testimony.

20 The person who has signed in today is

21 Jim Cunningham. Would you like to present oral

22 t est i m0 n y ?

23

24

MR. CUNNINGHAM: No.

MODERATOR McCARRON: Okay.

Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
2

3

4

5

6

7

8

9

Page 4

At this time there's nobody else who has

signed in, so we are going to go off the record

until 11:30.

(Short break in proceedings.)

MODERATOR McCARRON: The time is now

11:30. We're going back on the record. No one

has arrived to present testimony. The meeting is

adjourned.

10 Thereupon, at 11:32 a.m. on Wednesday,

11 Dec e mb e r 3 0 t h , 2 0 0 9 , the he a r in g was ad j 0 urn e d

12

13

14

15

16

17

18

19

20

21

22

23

24

Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
Page 5

C E R T I F I CAT E

2 STATE OF OHIO

S S :

3 COUNTY OF LICKING

4 I, Michelle K. Douridas, a Registered

Professional Reporter and Notary Public in and

5 for the State of Ohio, duly commissioned and

qualified, do hereby certify that this hearing

6 was by me reduced to stenotype; that the

foregoing is a true and correct transcript of the

7 hearing; that the hearing was taken at the time

and place in the caption specified and was

8 completed without adjournment; and that I am in

no way related to or employed by any attorney or

9 party hereto, or financially interested in the

action, and I am not, nor is the court reporting

10 firm with which I am affiliated, under a contract

as defined in Civil Rule 28(D).

11

IN WITNESS WHEREOF, I have hereunto set

12 my hand and affixed my seal of office at

Pataskala, Ohio, on this 7th day of January,

13

14

15

16

17

18

19

20

21

22

23

24

2010.

My Commission Expires:

Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
Hearing taken on December 30, 2009

Page 1

A

action 5:9

adjourned 4:8

4:q

adjournment 5:8

Administrative

2:13

affiliated 5:10

affixed 5: 12

Agency2:16

ahead 3:15,18

Air 2:11,20

Alan2:19

alan.harness@...

3:9

amend 2:12

and/or 2:23,24

anything 3: 15

arrived 4:7

attend 2:6,23

attorney 5:8

available 2: 17

a.m 1:13 4:10

B

B 1:11

back4:6

before 1: 1,82:7

break 4:4

business 3:7

C

C 2:15:1,1

call3:14,16

caption 5:7

certify 5:5

Chapter 2: 13

Civil 5:10

close 3:6

Code2:13

Columbus 1: 12

2:18

commencing

1: 12

comments 2:8,24

3:2,6,8,10

Commission

5: 18

commissioned

5:5

Committee 2: 15

completed 5:8

concerning 2:24

Conference 1: 11

consideration

3: 11

contacting 2: 19

contract 5:10

control 2: 12,20

Copies 2:17

correct 5:6

COUNTY 5:3

court 5:9

Cunningham

3:21,23

D

D2:1

DAPC 1:4

day 5:12

December 1:12

3:74:11

defined 5: 10

Director 3:4

Division 2: 11,20

Douridas 1:85:4

5:15

duly 5:5

E

E2:1,15:1,1

East 1: 11

employed 5:8

entitled 2:22

EPA 1:12:7

EPA's 2:11,18

2:203:4

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e-mailed 3:9

F

F 5:1

filed 2:15 3:8

financially 5:9

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foregoing 5:6

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G

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H

hand 5:12

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hearing 2:4,7,8

4:11 5:5,7,7

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hereunto 5: 11

I

included 3:5

interested 2:9

5:9

J

January 5:12

Jim 3:21

Joint 2:15

July 5:18

just 3:15,18

K

K 1:85:4,15

L

Letterpress 1:5

2:14

LICKING 5:3

like 3:21

Lithographic 1:4

2:14

M

Mary 1:15 2:3

may 2:193:8

McCARRON

1:152:3,43:24

4:5

meeting 4:7

Michelle 1:8 5:4

5:15

MODERATOR

1:152:33:24

4:5

must 3:6

N

N2:1

name 2:33:14,16

nobody 4:1

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5:16

o

02:1

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obtained 2: 19

off 4:2

office 2:185:12

official 3:3,5

Ohio 1:1,10,12

2:7,11,12,18

2:203:4 5:2,5

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Okay 3:24

one4:6

oral 2:23 3:2,11

3: 13,21

over 2:4

P

P2:1

part 3:3

party 5:9

Pass 3:16

Pataskala 5:12

person 3:20

persons 2:9,22

place 5:7

Pollution 2: 11 ,20

present 2:23

3:13,214:7

presiding 2:4

Printing 1:5 2:14

proceed 3:18

proceedings 4:4

Professional 1:9

5:4

proposed 2:9,24

proposing 2: 12

public 1:102:18

5:4

PUBLIC-STA...

5:16

purpose 2:7

put3:17

Q

qualified 5:5

R

R2:15:1

RE 1:3

receive 3: 11

received 3:2,6

record 3:3,5,11

3:184:2,6

reduced 5:6

regarding 2:9

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5:4

related 5:8

Reporter 1:9 5:4

reporting 5:9

represented 2:23

review 2: 16, 18

reviewed 3:3

Room 1:11

RPR 5:15

rule 1:4 2:12,16

2:175:10

rules 2: 10,15 3: 1

S

S 2:1

same 3:11

seal 5:12

see 3:14

set 5: 11

Short 4:4

signed 3:14,20

4:2

specified 5:7

SS5:2

State 1:10 5:2,5

stenotype 5:6

Street 1: 11

submitted 3: 10

T

T 5:1,1

taken 1:85:7

taking 2:6

testimony 3:12

3:13,17,19,22

4:7

Thank 2:6

time 2:6 4: 1,5

5:7

today 2:53:7,8

3:12,20

Town 1:11

transcript 5:6

true 5:6

U

under 5:10

until 4:3

W

want3:13,15,17

way 5:8

Wednesday 1: 12

3:74:10

We're 4:6

WHEREOF

5:11

WITNESS 5: 11

written 2:243:2

3:6,10

1

11:001:13

11:304:3,6

11:324:10

16th 5:18

2

20093:74:11

2010 5:13

2013 5: 18

28(D) 5:10

3

303:7

30th 4:11

30th,2009 1: 13

3745-21-221:4

2:13

5

501:11

6

614-644-4838

2:21

7

7th 5:12

Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
Article VI

Response to Comments
CJliIER\

Division of Air Pollution Control

Response to Comments

Draft Rule Language Comment Period

Rule: OAC Rule 3745-21-22

Agency Contact for this Package

Division Contact: Alan Harness, DAPC, 644-4838, alan.harness@epa.state.oh.us

Ohio EPA provided a 30 day comment period which ended on September 14, 2009.

This document summarizes the comments and questions received at the public

hearing and/or during the associated comment period.

Ohio EPA reviewed and considered all comments received during the public

comment period. By law, Ohio EPA has authority to consider specific issues related

to protection of the environment and public health.

In an effort to help you review this document, the questions are grouped by topic and

organized in a consistent format. The name of the commenter follows the comment

in parentheses.

Comments: Rule 3745-21-22 "Lithographic and Letterpress Printing"

Comment 1:

(G)(4)(b) - Please revise to "...monthly records of the voe content..." as there is

no reason to do this on a less frequent basis. (Steve Rosenthal, U.S. EPA)

Response 1:

Ohio EPA does not agree with the suggested amendment. In many cases it

requires a record kept more frequently than monthly and it always must be

maintained for 5 years. The requirement is: "....for each batch of cleaning

solution prepared.....and the date and time it was prepared." If they prepare a

batch of cleaning solution less frequently than a month then there is no need for

monthly. This requires that every time they prepare a batch they log it at that

time and keep the record for 5 years from the date logged. Ohio EPA believes

adding monthly record keeping could be confusing.
Rule Package: OAC Rule 3745-21-22

Response to Comments

October 13, 2009

Comment 2:

Page 20f3

Deleted (H)(5) - This provision should be put back in the rule because alcohol

should never be used in the fountain solution for a non-heatset web offset

lithographic printing press and this restriction is not covered in (H)((3).

(Steve Rosenthal, U.S. EPA)

Response 2:

Ohio EPA does not agree with the suggested amendment. Paragraph (D)(2)(a)

prohibits the use of alcohol for these presses. Ohio EPA does not believe it is

necessary to require record keeping for instances when alcohol is used when it is

prohibited. This could lead to confusion and result in instances of

noncompliance. Remember, these requirements become permit terms and a

facility is required in Ohio to report deviations through their permitting

requirements.

Comment 3:

(K)(1 )(b) - A more specific and better reference would be to (1)(1), which specifies

retention factors, instead of just (I). (Steve Rosenthal, U.S. EPA)

Response 3:

Ohio EPA agrees with the comment. Paragraph (1)(1) is now the stated

reference.

Comment 4:

The following comments deal with the equation for calculating VOC emissions:

-VOC content (weight percent) should be (weight fraction) -retention factor

should be (1-retention factor as a fraction).

(K)(2) The end of the first paragraph should state "...maintain the following

records on a monthly basis for each such press:"

(Steve Rosenthal, U.S. EPA)

Response 4:

Ohio EPA agrees with the comment. The suggested amendments have been

made to the rule.
Rule Package: OAC Rule 3745-21-22

Response to Comments

October 13, 2009

End of Response to Comments

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