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 92010

# 1~ -fL3/!J1;o w-.J« '1" 

# 0S!I. P.O. Box 1049 Columbus, OH 43216-1049 

### RECEIVED 

## MAR 

## 15 2010**u.~** cu, . OFFICEOFREGJONAUJe'''''.')" ,d,

Re: Request for Approval of an Amended Rule under Chapter 

### 3745-21 ofthe Ohio Administrative Code as part ofthe 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 letterof submittal from the Governoror his designee, requesting EPA approval ofa SIP revision. The Ohio EPA has adopted amended rule 3745-21-22 ofthe Ohio Administrative Code (OAC): "Lithographic and Letterpress Printing." This rule contains requirementsthatdefine reasonablyavailablecontroltechnology (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 Subpart2 nonattainmentarea. 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 foryour consideration perthe requirements of40 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) Evidencethatthe State has adopted the plan in the Statecode orbodyofregulations; 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 ofthe plan, ifdifferentfrom the adoption/issuance date.

&} Printed on Recycled Paper Ted Strickland, Governor Lee Fisher, Lieutenant Governor Chris Korleski, Director Ohio EPA is an Equal OpportunityEmployerOAC Rule 3745-21-22, SIPSubmittal Page 2


### 40 CFR Part 51, AppendixV, Section 2.1 (d) Acopyofthe actual regulation, ordocumentsubmittedforapproval and incorporation by reference into the plan, including indication ofthe changes made to the existing approved plan, where applicable. The submittal shall be a copy ofthe 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 thatthe 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 bythe State. The effective date ofthis regulation is indicated in the document itself. Please considerthatOhio hasan 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 evidencethatpublic noticewas given ofthe proposed changes consistentwith procedures approved by EPA, including the date of publication ofsuch notice. Article Three addresses the following requirement: 40 CFR Part 51, AppendixV, Section 2.1 (c) Evidence that the State has the necessary legal authority under State lawto adopt and implementthe plan. Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) of Section 3704.03 ofthe Ohio Revised Code (ORC) to enactthis rule. Copies ofthese sections of the ORC can be provided upon request. Article Fouraddresses the following two requirements: 40 CFR Part 51, AppendixV, Section 2.1 (e) Evidencethatthe Statefollowed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption/issuance ofthe plan.OAC Rule 3745-21-22, SIP Submittal Page4



### This SIP submittal is a part ofOhio EPA's effortto achieve the 2008 ozone standard. We would greatly appreciate it if U.S. EPA would expedite the review of this material, and approvethe amended rule intoOhio's SIP. Please contact Bob Hodanbosi (614-644-3585) ifyou have any questions aboutthis submittal. Sincerely,

# c=R~ Chris Korleski Director
xc: Bob Hodanbosi, Chief, Division ofAir 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 printingfacilities.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referencedin this rule, see paragraph (HH) 

### ofrule 3745-21-01 ofthe Administrative Code titled "Referencedmaterials."] (A) Therequirements ofparagraphs (B) to (I) 

### ofthis rule shall apply to each lithographic printing orletterpress printing facility thatmeets all the following criteria: (1) The facility is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or Summitcounty; and:- (2) The facility employs letterpress printing or one or more ofthe 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 ofcontrol 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 greaterthanthree tons ofVOCs perrolling twelve-monthperiod. (B) Exemptions. The foHmvifig o)'Jeratiofis are O)(Offi]'Jtfromthe foHowifig requiremefits ofthis rule: (1) For ofilyThe following operations are exempt from the fountain solution requirements as containedinparagraph (D)(3)(b) ofthis rule: (a) Any sheet-fed press with a maximum sheet size eleven by seventeen inches orsmaller. (b) Anypress with atotal fountain solutionreservoircapacity ofless than one gallon. (2) For ofilyThe following operations are exempt from the requirement to install add-on controls as containedinparagraph (D)(1) ofthis rule: (a) Anyheatsetwebpress with amaximumweb width of22.0 inches orless.**[s~vlt'shcet:** rulc.¥s12.J4. Ilur!loring 1001: i4i 2,0]**AJI~\'** J], print date: OJ'29,'201U .A

...."v13745-21-22 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 heatsetwebpress used forbookprinting. (C) Definitions. The definitions applicable to this rule are containedinparagraphs (W) and (DD) of rule 3745-21-01 oftheAdministrative Code. (D) VOC emissions controlrequirements. (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 yearbefore the application ofcontrol 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 controlrequirementforthatpress: (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 oftwenty 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 ofthis rt:tleApril 2, 2009, the control system shall reduce VOC emissions from each dryerby at leastninety-five percentormaintain amaximumVOC outlet concentration oftwenty ppmv as hexane (C6H ) on a dry basis, whicheveris less stringent. 14 (2) Any person who owns or operates a subject heatset web offset lithographic printing press shall meet one ofthe following requirements for the fountain solutionusedonthatpress: (a) If the fountain solution contains only alcohol substitutes, maintain the as-applied VOC content ofthe fountain solution at or below 5.0 per cent, by weight, anduse no alcohol inthe fountain solution.3745-21-22 3

(b) Ifthe fountain solution contains alcohol: (i) Maintain the as-applied VOC content ofthe fountain solution at or below 1.6percent, by weight; or (ii) Maintain the as-applied VOC content ofthe fountain solution at or below 3.0 per cent, by weight, and refrigerate the fountain solutionto sixty degrees Fahrenheitorless. (3) Any person who owns or operates a subject sheet-fed offset lithographic printing press shall meet one ofthe following requirements for the fountain solutionused onthatpress: (a) Ifthe fountain solution contains only alcohol substitutes, maintain the as-applied VOC content ofthe fountain solution at or below 5.0 per cent, by weight. (b) Ifthe fountain solutioncontains alcohol: (i) Maintain the as-applied VOC content ofthe fountain solution at or below 5.0percent, by weight; or (ii) Maintain the as-applied VOC content ofthe fountain solution at or below 8.5 per cent, by weight, and refrigerate the fountain solutionto sixty degrees Fahrenheitorless. (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 inthe fountain solution. (5) Where it can be demonstrated to the satisfaction ofthe 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 oftechnological and/or economic feasibility the permitting authority may establish site-specific limits based upon evidence oftechnological or economic infeasibility subject to approval by USEPA as a state implementationplanrevision. (6) Any person who owns or operates a subject offset lithographic or letterpress printing press shall meet one ofthe following requirements for each cleaning3745-21-22 4



### solutionused for cleaning onthatpress: (a) Maintain the as-applied VOC content at or below seventy per cent, by weight; or (b) Maintainthe as-appliedVOC compositepartial vaporpressure atorbelow tenmmHg attwenty degrees Celsius (sixty-eightdegrees Fahrenheit). The use of cleaning solutions not meeting the specifications of paragraphs (D)(6)(a) and (D)(6)(b) ofthis rule is permitted provided thatthe quantityuseddoes notexceedone hundredten gallons overany consecutivetwelve-monthperiod. (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, orperforming 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 whennotbeingused. (E) Compliance dates. (1) The owner or operator ofan offset lithographic or letterpress printing facility that is subject to this rule shall comply with the requirements ofthis rule no laterthanthe following dates: (a) For any subject offset lithographic printing press or letterpress printing press for which installationcommencedbefore the effective date ofthis ft:lleApril 2, 2009, 

### the compliance date for the press is twelve months fromthe effective date ofthis ruleApril 2, 2009. 

### (b) For any subject offset lithographic printing press or letterpress printing press forwhich installationcommenced on or afterthe effective date of this rule, the compliance date for the press is the initial startup date of thepress. (2) The owner or operator ofan offset lithographic or letterpress printing facility thatis subjectto this rule shall demonstrate compliancewithparagraph (D)(1) ofthis rule by testing the control device on each subject offset lithographic 

### press or letterpress printing press in accordance with paragraph (F)(1) ofthis rule accordingto the following:3745-21-22 5

(a) For any offset lithorgraphic1ithographic or letterpress pnntmg facility subjectto paragraph (E)(1)(a) ofthis rule, 'vyithiflby no laterthanninety 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 ofthis 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 ofthis rule, ifthe owneroroperatorprovides information and data to the Ohio environmental protection agency which demonstrate that an approved USErA emission test method was employed, that the operation ofthe press(es) was consistent with the current operating conditions and operating capacity, andthatifthe 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) ofthis rule, within one hundred eighty days after thepress's compliance date. (3) Additional testing ofa subject offset lithographic or letterpress printing press and its VOC emission control system in accordance with paragraph (F)(1) of this rule mayberequiredbythe directorto ensure continuedcompliance. (F) Compliancetestmethods. (1) For any heatset web offset lithographic orheatset 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 withthe following: (a) For the purpose ofdemonstrating compliance with the emission control requirements paragraph (D)(1) ofthis rule, the affected source shall be run at typical operating conditions and flow rates compatible with scheduledproductionduring any emissiontesting. (b) The negative dryer pressure shall be established during the initial test using an airflow direction indicator, such as a smoke stickor aluminum ribbons, or differential pressure gauge. Capture efficiency and continuous dryerairflow monitoring is notrequired.

### 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 controlrequirementinparagraph (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 ofthe exhaust stream. (iii) USEPAmethod 3 or 3A, as appropriate, shall be used to determine the concentration ofO2 

### and C02 0 

### (iv) USEPAmethod4 shallbeusedto determinemoisture content. (v) USEPA method 18,25, or25A 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 ofthe exit exhaust shall be determined. In cases where the anticipated outlet VOC concentrationofthe control device is less thanfifty ppmv as carbon, USEPAmethod25A shallbeused. (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 outletVOC readings, unless the directordetermines thatthe uncorrectedUSEPAmethod25Aresults are acceptable. (b) 

### A compliance test shall consist ofup to three separate runs, each lasting aminimum ofsixty minutes, unless the director determines that process variables dictate shorter sampling times
° (c) 

### USEPA method 25 specifies aminimum 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 aminimum 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 hundredfifty degrees Fahrenheit. (e) 

### The use of an adaptation to any ofthe 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) ofthis rule, compliance with the VOC content ofthe as-applied fountain solution shall be determined by one ofthe 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 ofthe as-appliedfountain solution; (b) Ifdiluted 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 concentratedmateria1(s) maybeperformed 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) Ifnot 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) ofthis rule, in lieu ofthe methods in paragraphs (F)(2)(a) to (F)(2)(c) ofthis rule, the owneroroperator shall determine the VOC (alcohol) content ofthe altered fountain solution using ahydrometer. (3) For any offset lithographic printing press that is subjectto the fountain solution temperature requirements ofparagraph (D)(2)(b)(ii) or (D)(3)(b)(ii) ofthis rule, a thermometer or othertemperature detection device capable ofreading to 0,5 degrees Fahrenheit shall be used to ensure that any refrigerated fountain solution reservoirs are maintained at or below sixty degrees Fahrenheitatalltimes. (4) For any offset lithographic or letterpress printing press that is subject to the requirements ofparagraph (D)(6)(a) ofthis rule, the VOC contentofcleaning solutions shallbe determinedby one ofthe following methods: (a) USEPA method 24 shall be used to determine the VOC content ofthe cleaning solution; (b) Ifdiluted 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 supplieras long as itis based onUSEPAmethod24results; or (c) Ifnot 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 ofparagraph (D)(6)(b) ofthis rule, the VOC composite partial vapor pressure of cleaning solutions shall be determined by one of the3745-21-22 9
following methods: (a) Ifdiluted priorto use, calculate the VOC composite vaporpressure ofthe as-applied solvent by using the formula for "VOC composite vapor pressure" 'as follows: (i) Determine the identity and quantity ofeach compound in a blended organic solventby using ASTM D2306, orby using ASTM E260 for organics andASTM D3792 forwatercontent, ifapplicable, or the manufacturer's productformulation 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 ofChemistry and Physics, orLange's HandbookofChemistry." (iii) Calculate the VOC composite partial pressure of the solvent by using the formula for "VOC composite partial pressure." For the purpose ofthis 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 compositepartialpressure shallbe calculated as follows:

n

## (~. 

# )(VPi)/1 

# L:**/l~1Wi** 

# PP<:=
------ TXT TXT n TXt'". 

### i

### =1 

## rrw 

## rre**r~'** 2 

# MWw 

# + ..ll.1!17" 

# +

# tt.M"Wi

Where: Wi 

### =Weightofthe "i"thVOC compound, ingrams. Ww =Weight ofwater, ingrams. We

### =Weight ofexemptcompound, ingrams. MWi = Molecular weight ofthe "i"th VOC compound, in grams pergram-mole.

### 3745-21-22 10



### MWw = Molecularweightofwater, ingrams pergram-mole. MWe = Molecular weight of the "e"th exempt compound, III 

### grams pergrffil'l: molegram-mo1e. PPc= VOC composite partial vapor pressure at twenty degrees Celsius (sixty-eightdegrees Fahrenheit), in mID 

### Hg. VPi = Vapor pressure of the "i"th VOC compound at twenty degrees Celsius (sixty-eightdegrees Fahrenheit), in mID 

### Hg. (b) Ifnot 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 andrecordkeepingrequirements. (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) ofthis 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 andmaintainthe information atthe facility for aperiod offive years: (a) Foreaeh day ofoperation ofthe press, a A log orrecord ofthe operating anytimefer

### whenthe control device and/or, monitoring equipment, and the 

### are notin operationwhen any associatedpress is in operation. (b) For thermal oxidizers, for eaeh day of operation of the press, all three-hour periods ofoperation during which the average combustion temperature was more than fifty degrees Fahrenheit below the average combustion temperature during the most recent emission test that demonstratedthatthepress was incompliance. (c) For catalytic oxidizers, for eaeh day of operation of the press, all three-hour periods ofoperation 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,thatthepress was incompliance.

### 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 ofthe 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, butnotless than onceperyear. (2) The owner or operatorofaheatsetweb or sheet-fed offset lithographic printing press subject to the requirements ofparagraph (D)(2)(b) or (D)(3)(b) ofthis rule shallmeasure: (a) The VOC (alcohol) content, in accordance withparagraph (F)(2)(d) ofthis rule, ofany altered fountain solution, at the time ofalteration, in per centbyweight, ofthe fountain solution employedin the press and shall maintainrecords ofthe results ofthe measurements at the facility for a period offive years. The alcohol content ofthe 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 ofalcoholusedinthe fountain solution. (b) On a daily basis, the temperature, in degrees Fahrenheit, ofthe fountain solution, ifthe owner or operator refrigerates the fountain solution in 

### accordance withparagraph (D)(2)(b)(ii) or (D)(3)(b)(ii) ofthis rule, and shall maintain records ofthe results ofthe measurements at the facility for aperiodoffive 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 eaehbateh offountain solutionpreparedpreparationforuse in thepress: (a) For an owner or operator maintaining a recipe log for each batch of fountain solutionpreparedforuse inthepress: (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 offive 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 contentofeach concentrated alcohol substitute, addedto 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 mixingunitis employed. 

### (c) The calculatedVOC contentofthe [maL mixedrecipe. (ii) Identification ofthe recipe used to prepare each batch offountain solutionforuse inthe press. (iii) The date andtimewhenthebatchwas prepared. (iv) An 

### affirrhation the batch was prepared in accordance with the reCIpe. (b) For an owner or operatornot maintaining arecipe log in accordance with paragraph (G)(3)(a) of this rule, for each batch of fountain solution preparedforuse inthe press 

## Will. The volume and VOC content of each concentrated alcohol substitute, added to make the batch of fountain solution, based uponthe manufacturer's laboratory analysis using USEPAmethod 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 calculatedVOC contentofthe final, mixedbatch. 

## WooThe date andtimethebatchwas prepared. For purposes ofparagraphs (G)(3)(a) and (G)(3)(b) ofthis rule, a fountain solution that is continuously blended with an automatic mixing unit is consideredto be the same batchuntil suchtime thatthe recipe ormix ratio is3745-21-22
changed. 13

(4) The owner or operator of a subject offset lithographic or letterpress printing press shallmaintainrecords, for aperiodoffive years, ofone 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 solutionprepared: (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 offive years from the date the recipe was last prepared. Eachrecipe shall clearly identifythe following: 

### Cal The VOC content ofeach cleaning solution, based upon the manufacturer's laboratory analysis using·USEPA method 24; or 

### Cbl The VOC composite partial vapor pressure ofeach cleaning solution, based upon the method under paragraph (F)(5) of this rule. (ii) Identification ofthe recipe used to prepare each batch ofcleaning solution. (iii) The date andtime whenthe batchwas prepared. (iv) An affirmation the batch was prepared in accordance with the reCIpe. (b) For an owner or operatornot maintaining a recipe log in accordance with paragraph (G)(5)(a) ofthis rule, for each batch of cleaning solution prepared, records ofthe VOC content or VOC composite partial vapor pressure andthe date andtime thebatchwas prepared. (4) The owner or operator ofa subject non heatset web offset lithographic printing press shall document all periods oftime when alcohol v,ras used in the press's fountain solution andthe volume ofalcoholusedineachinstance. (5) The owner or operator shall maintain monthly records ofthe VOC content or VOC composite partial vapor pressure ofall 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) Thetotal amount, ingallons, ofall the cleanup cleaning materialssolutions employed; and (b) The total amount, in gallons, ofall the cleanupcleaning materialssolutions employed that exceeds the allowable VOC content or VOC composite vaporpressure. (H) Reporting requirements forthemonitoring andrecordkeeping information. The owner or operator offran offset lithographic or letterpress printing facility that is subject to this rule shall notify the director ofany ofthe 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 ofthe record showing the instance. (l) If determining alcohol content via hydrometer measurement. Eftefteach hydrometermeasurementthat shows an exceedance ofthe applicable alcohol content limitation specified in paragraph (D)(2)(a), (D)(2)(b), (D)(3)(a), or (D)(3)(b) ofthis rule. (2) Ifcomplying via refrigerated fountain solution, Eftefteach temperature reading that shows anexceedance ofthe temperature limitation specifiedinparagraph (D)(2)(b) or(D)(3)(b) ofthis rule. (3) Each calculatedVOC contentthatexceeds the VOC contentlimitation specified inparagraph (D)(2)(b), (D)(3)(b), or(D)(4) ofthis rule. (4) Eaeh instBflee when Bfl CJ{eeedBflee ofthe 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 

### offsetlithographieprintingpress. 

## t61® Each instance when an exceedance ofthe VOC content or VOC composite partial vapor pressure specified in paragraph (D)(6) ofthis rule for cleanup materialscleaning solutions occurs. 

## f71ill All three-hour blocks of time during which the average combustion temperature within the thermal oxidizerwas below the temperature limitation specifiedinparagraph (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 andcapture efficiencies. For purposes of determining VOC emissions from offset lithographic pnntmg operations, the following retention factors andcapture efficiencies shallbe used: (1) A portion ofthe 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 shallbeused: (a) A twenty per cent VOC retention factor shall be used for heatset inks printed on absorptive substrates, meaning eightypercent ofthe VOC in the ink is emitted during the printing process and is available for capture and controlby an add-onpollution control device. (b) A ninety-five per cent VOC retention factor shall be used for sheet-fed andnon-heatsetweb inks printed on absorptive substrates, meaning five percentofthe VOC inthe inkis emitted during theprintingprocess. (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 ofno 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 ofthe VOC used on the shop towels is emittedduring the cleaningprocess. (2) A portion ofthe 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 areto beused: (a) A one hundred per cent VOC carry over efficiency shall be used for inks. All the VOC in the inkthat is notretained 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 surroundingpress room andthe 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 centVOC carry over efficiency shall to be used for automatic blanket wash solutions with a VOC composite vapor pressure ofno 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 ofaan 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 ofthis 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 ofthis rule (or within sixty days after the offset lithographic printing press or letterpress printing press becomes subjectto this rule), shall providethe following information: (a) Name and address ofthe owneroroperator; (b) Address (i.e., physical location) of the offset lithographic printing or letterpress printing facility; (c) Equipment description and Ohio EPA application number (ifassigned) of the offsetlithographicprintingpress orletterpress printingpress; (d) Identification of the VOC emission requirement, the means of compliance, andthe compliance date for the offsetlithographic printing press 

### orletterpress printingpress; (e) Regarding an airpollutionpermitfor the offsetlithographic printing press orletterpressprintingpress, whicheverofthe following is applicable; (i) Submission ofan application for an operating permit, an operating permit modification, or an operating permit renewal in accordancewithrule 3745-31-02 ofthe Administrative Code; or (ii) Submission ofa statement ofintent to submit an application for a Title V permit or modification ofa Title V permit in accordance

### 3745-21-22 17

with paragraph (B) ofrule 3745-77-02 or rule 3745-77-06 ofthe Administrative Code, respectively. (2) The owner or operator offran 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 ofthis 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 ofthe 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 ofthe Administrative Code maybe used to fulfill the notification requirements ofthis paragraph. (3) Compliance certification. (a) The owneror operator offran 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 subjectto the VOC emissionrequirements inparagraphs (D)(2) to**(D)(~~)** 

### of this rule, the first documented achievement of compliancewith 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

### orletterpress printingpress; (b) 

### The completion of installation and initial use of any monitoring devices required under paragraph (G) of this rule forthe offsetlithographic printingpress; and3745-21-22 18



### (c) The completion of any compliance testing conducted in accordance with paragraph (F) ofthis rule to demonstrate compliancewiththe applicable controlrequirement. (b) The compliance certification under paragraph (I)(3)(a) ofthis 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 descriptionoftherecords thatdocumentcontinuing compliance; (v) The results ofany compliance tests, including documentation oftest data; (vi) The results ofany records that document continuing compliance, including calculations; and (vii) A statement by the owner or operator ofthe offset lithographic prffiting or letterpress printing facility as to whether the offset lithographic printing press or letterpress printing press has compliedwiththerequirement(s). (K) Requirements for an owneroroperatorofan offsetlithographic printing orletterpress printing facility that determines they are not subject to one or more ofthe control requirements inparagraph (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/orletterpress printingpresses andfountain solutions) are less than three tons ofVOCs per rolling twelve-month period and, therefore, the facility is not subject to the add-on control, cleaning solvent and fountain solutionrequirements inparagraphs (D)(l) to (D)(8) ofthis rule, the owneror operatorshallmaintainone ofthe following records on amonthlybasis: (a) Monthly records ofmaterial usage demonstrating the following thresholds3745-21-22 19
have notbeen exceeded: Type ofLetterpress orOffsetLithographic l2-MonthRolling Threshold Printing Operation Sheet-fed only 768 gallons ofcleaning solvent and fountain solution additives Non-heatsetWeb only 768 gallons ofcleaning solventand fountain solution additives Combination ofSheet-fedandNon-heatset 768 gallons ofcleaning solvent and Web fountain solution additives. HeatsetWeb only 5400pounds ofink, cleaning solvent and fountain solution additives
A facility that employs a combination of printing technologies that includes aheatsetweb offsetlithographic printingpress(es) may notuse this option for demonstrating actual emissions are less than three tons ofVOCs perrolling twelve-monthperiod. (b) The following monthly records and calculations demonstrating actual emissions did not equal or exceed three tons of VOCs per rolling twelve-monthperiod: 

## Will The total gallons ofeach cleaning solventused; 

## fb1,(ii) TheVOC content ofeach cleaning solvent; (ej(iii) The total gallons ofeachfountain solutionused; W(iv) The VOC content ofeach fountain solution; 

# Woo The totalpounds ofeach inkused; and fij(vi) TheVOC content ofeach ink. VOC calculations shall be based on the following formula using applicableretention factors identifiedinparagraph 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 of3745-21-22 r 20
cleaning solvent (gallons) x VOC content (pounds per gallon) x (1

- retention factor, as afraction). (2) When establishing thatthe heatsetweb offset lithographic printing orletterpress printingpress potential VOC inkoil 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 amonthly basis for each suchpress: (a) Thetotalpounds ofeachinkused; (b) TheVOC contentofeachink; and (c) Thehours ofoperation ofeachpress. (3) Ifan owner or operator ofan offset lithographic printing or letterpress printing facility determines they are subjectto one ormore ofthe control requirements in paragraph (D) ofthis rule based on the records required under paragraph (1) ofthis rule, the owneroroperator shall comply with saidrequirement(s) of this rule.

### 3745-21-22

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification
01/2912010 

### Date
PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffective 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 ofAmended Rule 3745-21-22 ofthe 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 ProcedureActwas given, that a public hearingwas held on December30,2009, in Columbus, Ohio, and that all interested personswere affordedthe opportunityto be heard; and 2. That upon due consideration, the adoption, in final form, ofthe proposed amended rule of the Ohio Administrative Code cited above, is reasonable and lawful and within the purview ofauthority provided by law. It is therefore ORDERED

### that amended rule 3745-21-22 ofthe OhioAdministrative 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 ofthese Findings and Orders and certified copies ofsaid newrule, in final form, shall befiled with the SecretaryofState, the JointCommittee on Agency Rule Review, the Legislative Services Commission, and the DepartmentofDevelopments Office of Small and Developing Business, as required by law.APPEAL RIGHTS 

### Notice is hereby given that this action ofthe 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 afternotice ofthe Director's action. The appeal mustbe 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 ofthe full amount ofthefee would cause extreme hardship. Notice ofthe 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 AttorneyGenerals Office, Environmental EnforcementSection. An appeal maybefiled with the Environmental Review Appeals Commission at the following address: Environmental ReviewAppeals 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 ofAdoption of Rules

Notice is herebygiven thatthe Directorof Environmental Protection, underthe authorityof 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 assistthe state ofOhio in achieving and/ormaintaining the national 8-hour ground level ozone standard through the regulation ofvolatile organic compound (VOC) emissions from stationary sources. VOC emissions are a precursor to ozone formation. This rule will applystatewide in orderto aid in the reduction ofozone formation. A public hearing on the new rule was held on December30, 2009 in Columbus, Ohio. After considering comments and oral testimony, the Director's orderofadoption was issued on January 29, 2010. The effective date ofthis rule is February 10, 2010. To request a copy ofthis rule, obtain further information, or inspect or request copies of agencyfiles and records pertainingtothe proceeding contact Mr. Alan Harness, Ohio EPA, Division ofAir 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) pursuantto Section 3745.04ofthe 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 ERACwithin thirty (30) days after notice of the Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio 43215. Copies ofthe appeal must be served upon the Directorofthe Ohio EPAwithin three (3) days offiling 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 ifbyaffidavityou demonstratethat paymentofthefull amountofthefee would cause extreme hardship. Ohio EPAalso requeststhatacopyofthe appeal beserved upon the Environmental Enforcement Section ofthe 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, Proceduresforadoption, amendment, orrescission of rules; finding that fiscal analysis is incomplete or inaccurate, outlines the requirements Ohio EPA must follow during the rule-making process. A copy of ORC 119.03 can be provided upon request. Ohio EPAfully complied with the requirements ofthis lawand has provided evidence on the major requirements below: 1. ORC 119.03(A): Reasonable public notice shall be given in the register of Ohio at least 30 days priorto the 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 noticewas placed in the Ohio Register on November20,2009. Ohio EPA held a public hearing on December30,2009 in Columbus, Ohio. This hearing was held 40 days afterthe noticewas placed in the register. The ORC 119.03 requirements for public notice contents were met as evidenced bycomparing the public notice and ORC 119.03(A)(1)-(4). In addition to the Register of Ohio, Ohio EPA also placed an advertisement in the major newspapers throughout the state. Copies can be provided upon request. 2. ORC 119.03(B): The required materials must befiled with thesecretaryofstateand the director ofthe legislative service commission (LSC). Ohio's electronicfiling system automaticallygenerates a letterwhen all the required elements have been uploaded on the system and the package is proposed. This letter is included (AttachmentA). Ohio EPA also complied with all requirements for incorporated materials. In addition, the answersto questions eightand nine ofeach ofthe Rule Summaryand Fiscal Analysis (RSFA) documents are provided (Attachment B). 3. ORC 119.03(C): Conduct public hearings as advertised. Ohio EPA conducted the public hearing on December30,2009 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 forthis rule was held with JCARR on January21,2010 where these rules were placed on the consent agenda (Attachment C). No testimony, questions orinvalidation ofthis rule occurred duringthis hearing. JCARR jurisdiction expired on January 24, 2010 as evidenced by the JCARR consent agenda.

### Ohio EPA issued the orderto adoptthis rule on January29,2010 as evidenced by the Director's Findings & 

### Orders and the Public Notice (both contained in Article 2). The Secretary ofthe State and Directorofthe LSC once again received a letterof notice (Attachment D). 5. ORC 119.03(E): Provide notice to public priorto effective date of rule. Ohio EPA provided an update of the adoption of the rule through the Ohio EPA website, the RegisterofOhio, and through an e-mail notice to all interested parties on August 12,2009. Copies ofthese notifications can be provided upon request. ORC 121.39, Provisions applicable to proposed legislation or administrative rules concerning environmental protection, imposes further requirements for interested party review specific to environmental rule adoption. Ohio EPA fully complied with the requirements ofthis law and has provided evidence on the major requirements below: 1. ORC 121.39(B): Legislation dealing with the environment must be accompanied by a statement identifying if it is necessary to comply with a federal requirement. It must also include information on the estimated cost ofcompliance. The RSFAand Environmental RuleAdoption/Amendment Form (ERAF) documents are automatically generated questions that are part of the States electronic rule filing system (Attachment B). The questions are intended to address the items in ORC 121.39. As evidenced in item (C) ofthe ERAFforeach rule, Ohio EPAstated the adoption ofthe rule, oraversion as stringentas, is required in orderto maintain approval to administer a federal environmental law. The RSFA documents also contain a section entitled Fiscal Analysis which addresses potential costs. Our responses metthe requirements ofthis lawas evidenced in the consentbyJCARR who reviews these documents. 2. ORC 121.39(D): Priorto adopting anyenvironmental rule, the agency mustconsult with interested parties, considerall documentation relevantto the need forthe rule making, identify any need to adopt in order to maintain approval to administer a federal environmental law, and it must include an RSFA. On August 12, 2009 Ohio EPA notified interested partiesvia e-mail ofthe draft rule language. A copyofthe notification maybe 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 copyofthe 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 relevanttothe need forthe rule making and identified those documents in listform.

# Article IV Attachment A 

# Letterto Secretary of State and Directorof 

# LSC

# ectroni·cRule**~ili**

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

77 South High St., 9th 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 ofvolatile 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 ProtectionA2ency Agency Name 

### Division ofAirPollution Control (DAPC) Division 

### 50WestTown Street, Suite 700 PO Box 1049 Columbus OH43216-1049 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.

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

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

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

### 3704.03(A), 3704.03(E)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule is being filed due to amendments thathavebeenmade to the existingrule in orderto provide additional flexibility incomplying withthe rule. In addition, this proposal expands the applicability to additional sources in othercounties ofthe State in orderto aidin achieving the National AmbientAirQuality Standardfor ozone establishedby U.S. EPA.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE,

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

then summarize the content ofthe rule: Rule Number: 3745-21-22



### Amendments havebeenmadeto this rule incooperationwithu.s. EPA andthe Printing Industries Association servingNorthernKentucky andOhio (PIANKO). The amendments to the requirements oftherule are minorinnature.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

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

### generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation of howthe text or other material is generally available to those persons: 

### This rule contains references to the OhioAdministrative Code(OAC). While copies ofthese rules and statutes are generally availableto thepublic through libraries and on-line sources, includingthe Ohio EPAwebsite, ORC 121.76(A) exempts such references from theprovisions ofORC 121.71 through 121.75. This rule also containsreferences to the Code ofFederalRegulations(CFR) andthe Federal Register. Theserules are generally available throughlibraries, Ohio EPA andU.s. EPAwebsites. CFRreferences have alsobeendatedtoreferencethe specific versionofthe rules. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Therule also contains references to ASTM standards andUSEPA analyticaltest methods usedto determineparameters formaterials subjectto this rule orother materials utilizedbyregulators andimpactedparties to determine orachieve compliance withtheserules. These testmethods andmaterials are commonly known andutilizedby laboratories performingthis type ofanalytical work. Copies ofthese testmethods are available in libraries andthe website forUSEPA. 

### Referencedmaterials are cited, dated andavailabilitynotedinrule OAC 3745-21-01.
9. Ifthe rule incorporates a text or other material by reference, and itwas 

### infeasible forthe agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: 

### Not applicable.


### 10. Ifthe rule is being 

### rescinded and incorporates a text orother 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 ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 4/2/2014 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt atthe time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will haveno impactonrevenues orexpenditures. $0 Not applicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated bythe proposed rule: Notapplicable.
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source foryour information/estimated costs, e.g. industry, CFR, internal/agency: This rule concerns industries associatedwith 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 

### YoumustcompletetheEnvironmentalruleAdoption/AmendmentForm inorderto complywithAm. Sub. 106 ofthe 121stGeneralAssembly.

# Article IV Attachment C 

# JCARRAgenda

### FINAL AGENDA

1 B!.!reau ofWorkers' Compensation' 

### JOINT COMMITTEE ONAGENCYRULE 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 ofWorkers' Compensation'FYR? No Date of Refiled Filing: 1/5/2010 Jurisdiction Ends: 2/4/2010 Rule Number Rule Title 4123-18-09 Vocational rehabilitation providerfee 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. Provideraccess to the HPP
- provider application and credentialing. Provideraccess to the HPP
- provider recredentialing and recertification. Provider access to the HPP
- provider not certified. Provideraccess 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 ofWorkers' 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·Page1·112112010FINAL AGENDA JOINT COMMITTEE ON AGENCY RULE REVIEW 

### 112112010 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

Public Hearing: 12/22/2009 Jurisdiction Ends: 1/21/2010 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 authorityto terminate MCO contracts. MCO participation in the HPP
- bureau's authorityto decertify, to refuse to certify or recertify an MCO. MCO participation in the HPP
- MCO disclosure of relationship. MCO scope ofservices
- generally. MCO scope ofservices
- 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 ofservices
- fee bill review and audit process. Amendment Original Filing Yes 4123-6-04.5 MCO scope ofservices
- 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
- employerenrollment 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; paymentfor 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 ofWorkers' 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, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us·Page2·112112010FINAL 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. Paymentfor 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 orto more than one part ofthe body. Request for information by the treating provider. Payment for physical medicine. Payment for acupuncture. Paymentfor miscellaneous medical services and supplies. Paymentforx-rays. Employee access to the HPP
- application of rules to claims. Balance billing prohibited. Payment during adjudication of claim. MCO paymentto providers. Payment to providers. Paymentto bureau certified provider. Paymentto non-bureau certified provider. Paymentto 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 ofWorkers' 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·Page3·1/21/2010FINAL 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 ofcertification period. Employer participation in the QHP system
- bureau's authorityto 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. Provideraccess 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. Paymentfor dental care. Paymentfor eyeglasses and contact lenses. Payment for hearing aids. Paymentfor shoes, braces, and other orthotic devices. Payment of hospital bills. Paymentfor home health nursing services. Payment for nursing and caregiver services provided by persons otherthan home health agency employees. Payment of nursing home and residential care/assisted living services. Paymentfor prosthetic device or other artificial appliances. No legal relationship between the industrial commission or bureau and a health care provider. Paymentfor equipment, materials, goods, supplies or services and interest incurred. Paymentfortranscutaneous 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 ofWorkers' 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, Ohio43215' (614) 466-4086' www.jcarr.state.oh.us·Page4·1/21/2010FINAL 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. Paymentfor medical supplies and services. Claimant reimbursement. Treatment by more than one physician. Treatment of more than one condition orto more than one part ofthe body. Filing of bills. Obligation for submitting reports. Request for information by the treating physician. Free choice of physician and ofother medical services. Paymentfor physiotherapy treatment. Paymentfor 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 paymentfor 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 ofthe 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 underthe 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 ofWorkers' 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·Page5·1/21/2010FINAL 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. Paymentfor dental care. Payment for eyeglasses and contact lenses. Paymentfor hearing aids. Payment for: shoes, braces, and other orthotic devices. Paymentfor outpatient medication. Payment of hospital bills. Paymentfor home health nursing services. Paymentfor nursing and caregiver services provided by persons otherthan home health agency employees. Payment to nursing homes and residential care/assisted living services. Paymentfor prosthetic device or otherartificial 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. Paymentfortranscutaneous 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 ofAdministrative 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 forthe office ofthe secretary ofstate. 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 ofAdministrative 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·Page6·112112010FINAL 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 Original Filing Rescission Rule Type Action Amendment Original Filing Professional development fund. Determination of lack offunds or lack ofworkfor 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 ofAdministrative Services' Division of Public Works/Office ofState 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. Original Filing Date: 11/30/2009 Total Rules: 7 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 ofAging' 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 ofAgriculture' 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, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us·Page7·112112010FINAL AGENDA JOINT COMMITTEE ONAGENCY RULE REVIEW 

### 112112010 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

13 Department ofAgriculture· 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 ofAgriculture· 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 ofJob 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 ofJob 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, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us·Page8·1/21/2010FINAL 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 alcoholictreatment and rehabilitation programs. 17 Department ofJob 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 ofJob 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 ofJob 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 ofJob 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·Page9·112112010FINAL 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

5101:3-1-19 Yes Amendment Revised Filing General principles regarding claim submission [exceptfor services provided through a medicaid managed care program]. 21 Department ofJob and Family Services· Division of Medical Assistance Public Hearing: 12/21/2009 Jurisdiction Ends: 1/21/2010 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 (exceptfor 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 ofJob 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

5101:3-2-54 No Refiled Filing New Rule 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 ofJob 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·Page10·1/21/2010FINAL AGENDA JOINT COMMITTEE ON AGENCY RULE REVIEW 1/21/2010 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

24 Department ofJob and Family Services' Division ofSocial 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 ofthe 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 forfinancial 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 ofan 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 forTitle IV-E adoption assistance eligible children (COBRA). 25 Department ofJob 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 afoster child who has resided with the caregiverfor at least six consecutive months. Completion ofthe homestudy. Adoptive family case record.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 11·112112010FINAL AGENDA JOINT COMMITTEE ON AGENCY RULE REVIEW 1/21/2010 - 1:30 P.M. William McKinley Room (Statehouse Room 121) FINAL AGENDA

26 Department ofJob and Family Services· Division ofSocial 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 ofJob and Family Services· Division ofSocial 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 ofthe JFS 01140 "Certificate ofAuthorization for Payment of Publicly Funded Child Care Services (COAP)" to contract with providers. Use ofthe JFS 01140 "Temporary Voucherfor 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 ofJob and Family Services· Division ofSocial Services Rule Title Definitions for eligibility for publiclyfunded child care benefits. County department ofjob and family services administrative responsibilities for determining eligibilityfor publicly funded child care benefits. Determination of eligibility by the county department ofjob and family services (CDJFS) for publicly funded child care benefits. Copaymentfor publicly funded child care benefits. Reimbursement rates for providers of publiclyfunded child care. County department ofjob and family services requirements forthe 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 applicantfingerprint 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·Page12·112112010FINAL AGENDA JOINT COMMITTEE ONAGENCY 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 MotorVehicles 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

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page13·112112010FINAL AGENDA JOINT COMMITTEE ONAGENCY 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 ofvolatile 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-entrytreatment 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·Page14·1/21/2010FINAL AGENDA 

### JOINT COMMITTEE ONAGENCYRULE 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 ofWithdrawn 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 ofstudy in advanced pharmacology. 39 Department of Rehabilitation and Correction' Total Rules: 1 Original Filing Date: 1/10/2008 Date ofWithdrawn 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 forwork program assignments and related matters. 40 Department of Rehabilitation and Correction' Total Rules: 2 Original Filing Date: 10/29/2008 Date ofWithdrawn 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 ofWithdrawn Filing: 1/6/2010 Jurisdiction Ends: Rule Type Action FYR? Rule Number Rule Title Amendment Withdrawn Filing No 5120:1-1-40 Parole ofdying prisoner. 

## Review Public Hearing: 12/3/2008

Public Hearing:

42 Department ofAgriculture' 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·Page15·1/21/2010FINAL 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 bythe division ofweights and measures. Rates fortype evaluation. Amendment Refiled Filing Yes 901-15-04 Amendment Refiled Filing Yes 901-15-04.1 43 Department ofAgriculture· 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 ofOhio's servicepersons and service agencies.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466-4086· www.jcarr.state.oh.us·Page16·1/21/2010

# Article IV Attachment D 

# Final Adoption Notice to LSC Directorand Secretary of State

# fronicRule**~mn,**

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

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

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

It is hereby confirmed that the Ohio Environmental Protection Agency 

### final filed the following rule(s) pursuant to section 119.04 ofthe Ohio Revised Code. 

### Package Number: File Date and Time: Confirmation Number: 

# FINAL FILE 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 ofvolatile 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 0

## D 2010 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-"01145-8556Page 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 

### Lithographic and Letterpress Printing. These
15 

### r u 1 e s h a v e been f i 1 e d with the J 0 

### i n t Committeeon 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) 345-8556Page 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 esti m 0 

### n y ? 23 24 

### MR. CUNNINGHAM: No. MODERATOR McCARRON: Okay.

Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-85562
3
4 5
6
7
8 9 Page4


### 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 

### Decembe r 3 0 t h , 2 0 0 9 , the hea r ing was adj 0 

### urne d
12 13
14
15
16
17
18 19
20
21
22
23
24

Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556Page 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) 345-8556Hearingtaken onDecember 30, 2009 

### Page 1

A action 5:9 adjourned4:8

4:q adjournment5:8 Administrative

2:13 affiliated 5:10 affixed 5: 12 Agency2:16 ahead 3:15,18 Air2:11,20 Alan2:19 alan.harness@

...

3:9 amend 2:12 and/or2:23,24 anything 3: 15 arrived4:7 attend 2:6,23 attorney 5:8 available2: 17 a.m 1:13 4:10 B B 1:11 back4:6 before 1: 1,82:7 break4:4 business 3:7 C C 2:15:1,1 call3:14,16 caption 5:7 certify5:5 Chapter2: 13 Civil 5:10 close3:6 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 Committee2: 15 completed 5:8 concerning2:24 Conference 1: 11 consideration 3: 11 contacting2: 19 contract5:10 control2: 12,20 Copies 2:17 correct5:6 COUNTY 5:3 court5:9 Cunningham

3:21,23 D D2:1 DAPC 1:4 day 5:12 December 1:12

3:74:11 defined 5: 10 Director3:4 Division 2: 11,20 Douridas 1:85:4

5:15 duly 5:5E E2:1,15:1,1 East 1: 11 employed 5:8 entitled2:22 EPA 1:12:7 EPA's 2:11,18

2:203:4 Expires 5: 18 e-mailed 3:9 F F 5:1 filed 2:15 3:8 financially 5:9 firm 5:10 foregoing 5:6 from 2:8 G G2:1 given 3:12 go 3:15,18 4:2 going4:2,6 H hand 5:12 Harness 2:19 hearing2:4,7,8

4:11 5:5,7,7 hereto 5:9 hereunto 5: 11 I included 3:5 interested2:9

5:9 J January 5:12 Jim 3:21 Joint2:15 July 5:18 just3:15,18 K K 1:85:4,15 L Letterpress 1:5

2:14 LICKING 5:3 like3:21 Lithographic 1:4

2:14 M Mary 1:15 2:3 may2:193:8 McCARRON 1:152:3,43:24 4:5 meeting4:7 Michelle 1:8 5:4

5:15 MODERATOR 1:152:33:24 4:5 must3:6 N N2:1 name2:33:14,16 nobody4:1 Notary 1:10 5:4

5:16 

### o 02:1 OACl:4 obtained2: 19 off4:2 office2:185:12 official 3:3,5 Ohio 1:1,10,12

2:7,11,12,18 2:203:4 5:2,5 5:12,16 Okay 3:24 one4:6 oral2:23 3:2,11

3: 13,21 over2:4 P P2:1 part3:3 party 5:9 Pass 3:16 Pataskala5:12 person 3:20 persons 2:9,22 place 5:7 Pollution2: 11,20 present2:23

3:13,214:7 presiding2:4 Printing 1:5 2:14 proceed 3:18 proceedings 4:4 Professional 1:9

5:4 proposed 2:9,24 proposing2: 12 public 1:102:18

5:4 PUBLIC-STA

...

5:16 purpose2:7 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 Registered 1:9

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 RPR5:15 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 see3:14 set5: 11 Short4:4 signed 3:14,20

4:2 specified5:7 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 taking2:6 testimony 3:12

3:13,17,19,22 4:7 Thank2:6 time2:6 4: 1,5

5:7 today 2:53:7,8

3:12,20 Town 1:11 transcript5:6 true5:6U under5:10 until4:3 W want3:13,15,17 way5:8 Wednesday 1: 12

3:74:10 We're4:6 WHEREOF

5:11 WITNESS 5: 11 written 2:243:2

3:6,101 11:001:13 11:304:3,6 11:324:10 16th5:18 2 20093:74:11 2010 5:13 2013 5: 18 28(D) 5:10 3 303:7 30th4:11 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 ofAir Pollution Control Response to Comments Draft Rule Language Comment Period Rule: OAC Rule 3745-21-22 Agency Contactforthis 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 authorityto consider specific issues related to protection ofthe environment and public health. In an effortto help you review this document, the questions are grouped bytopic and organized in a consistent format. The name ofthe commenterfollows the comment in parentheses.



### Comments: Rule 3745-21-22 "Lithographic and Letterpress Printing"
Comment 1: (G)(4)(b)
- Please revise to "

...monthly records ofthe

## 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: "

....foreach batch ofcleaning solution prepared

.....and the date and time itwas prepared." Ifthey prepare a batch ofcleaning solution less frequently than a month then there is no need for monthly. This requires that everytime 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 October13, 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-heatsetweb 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 forthese 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 ofjust (I). (Steve Rosenthal, U.S. EPA) Response 3: Ohio EPA agrees with the comment. Paragraph (1)(1) is nowthe 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 afraction). (K)(2) The end ofthe 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 October13, 2009

End of Response to Comments Page 3 of3