Article II 

Copy of Public Notice and 

Director's Findings & Orders 
I DATE: 05/02/2011 4:28PM I 

State of Ohio 

Environmental Protection Agency 

Notice of Adoption of Rules 

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

Ohio Revised Code Section 3704.03 has adopted amended rules 37 45-21-01, 37 45-21-09, 

3745-21-21,3745-21-23,3745-21-24,3745-72-02,3745-72-05,3745-72-06,3745-110-01, 

and 37 45-110-03 of the Administrative Code, and new rules 37 45-21-27, 37 45-21-28, and 

3745-21-29 of the Administrative Code. 

The rules specified above are intended to assist the state of Ohio in achieving and/or 

maintaining the national 8-hour ground level ozone standard through the regulation of 

volatile organic compound (VOC) emissions from stationary sources. VOC emissions are a 

precursor to ozone formation. These rules have had their applicability extended to include 

the Cleveland/Akron, Ohio non-attainment area in order to aid in the reduction of ozone 

formation. 

A public hearing on these rules was held on February 11, 2011 in Columbus, Ohio. After 

considering comments and oral testimony, the Directors order of adoption was issued on 

May 2, 2011. The effective date of these rules is May 12, 2011. 

To request a copy of these rules, obtain further information, or inspect or request copies of 

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

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

Ohio 43216-1049 or call Mr. Alan Harness at (614) 644-4838. These rules are available 

on the Web page for electronic downloading by scrolling down to OAC Chapter 37 45-21, 

"Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related 

Materials Standards", OAC Chapter 3745-72 "Low Reid Vapor Pressure Fuel 

Requirements", and OAC Chapter 3745-110 "Nitrogen Oxides- Reasonably Available 

Control Technology." The URL is: http:/lwww.epa.ohio.gov/dapc/regs/regs.aspx. 

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

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

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

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

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

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

three (3) days of filing with ERAC. Ohio EPA also requests that a copy of the appeal be 

served upon the Environmental Enforcement Section of the Ohio Attorney General's Office. 
BEFORE THE 

OHIO ENVIRONMENTAL PROTECTION AGENCY 

In the Matter of: 

The Adoption of New Rules 

3745-21-27, 3745-21-28, 

37 45-21-29, and Amended 

Rules 37 45-21-01, 37 45-21-09, 

37 45-21-21' 37 45-21-23, 

37 45-21-24, 37 45-72-02, 

37 45-72-05, 37 45-72-06, 

37 45-110-01' 37 45-110-03 

of the Ohio Administrative 

Code 

Director's Final Findings and 

Orders 

FINDINGS AND ORDERS 

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

Administrative Procedure Act the adoption, in final form, of the proposed amended rules of 

the Ohio Administrative Code cited above, finds: 

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

Procedure Act was given, that a public hearing was held on February 11, 2011, in 

Columbus, Ohio, and that all interested persons were afforded the opportunity to be 

heard; and 

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

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

within the purview of authority provided by law. 

It is therefore 

ORDERED that new rules 3745-21-27, 3745-21-28, and 3745-21-29 and amended rules 

3745-21-01,3745-21-09,3745-21-21,3745-21-23,3745-21-24,3745-72-02,3745-72-05, 

3745-72-06, 3745-110-01, and 3745-110-03 ofthe Ohio Administrative Code be adopted in 

final form. 
It is further 

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

MAY 1 2 2011 

It is further 

ORDERED that copies of these Findings and Orders and certified copies of said amended 

rules, in fmal form, shall be filed with the Secretary of State, the Joint Committee on 

Agency Rule Review, the Legislative Services Commission, and the Department of 

Development's Office of Small and Developing Business, as required by law. 

APPEAL RIGHTS 

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

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio 

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

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

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

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce 

if by affidavit you demonstrate that payment of the full amount of the fee would cause 

extreme hardship. Notice of the filing of the appeal shall be filed with the Director within 

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

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

An appeal may be filed with the Environmental Review Appeals Commission at the 

following address: 

Environmental Review Appeals Commission 

309 South Fourth Street, Room 222 

Columbus, OH 43215 

nd v 

Issued at Columbus, Ohio this z_~ day of_'--;11/_A---'-/ _____ , 2-o{( . 
Article Ill 

Evidence Ohio EPA 

Followed Rule Adoption 

Procedures 
Evidence Ohio EPA Followed Rule Adoption Procedures 

Ohio Revised Code (ORC) 119.03, Procedures for adoption, amendment, or rescission of 

rules; finding that fiscal analysis is incomplete or inaccurate, outlines the requirements 

Ohio EPA must follow during the rule-making process. A copy of ORC 119.03 can be 

provided upon request. Ohio EPA fully complied with the requirements of this law and has 

provided evidence on the major requirements below: 

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

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

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

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

provided upon request. The Public Hearing notice was placed in the Ohio Register 

on January 3, 2011. Ohio EPA held a public hearing on February 11, 2011 in 

Columbus, Ohio. This hearing was held 39 days after the notice was placed in the 

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

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

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

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

2. ORC 119.03(8): The required materials must be filed with the secretary of state and 

the director of the legislative service commission (LSC). 

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

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

letter is included (Attachment A). 

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

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

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

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

Ohio EPA conducted the public hearing on February 11, 2011 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 rules. 

The Joint Committee on Agency Rule Review (JCARR) oversees agency rule 

making in Ohio. Three hearings for these rules were held with JCARR on March 7, 

2011, March 8, 2011, and April 18, 2011 where these rules were placed on the 

consent agenda (Attachment C). No testimony, questions or invalidation of these 

rules occurred during the hearings. JCARR jurisdiction expired on March 25, 2011, 

April17, 2011, and May 1, 2011, respectively, for these hearings as evidenced by 
the JCARR consent agenda. 

Ohio EPA issued the order to adopt these rules on May 2, 2011 as evidenced by the 

Director's Findings & Orders and the Public Notice (both contained in Article 2). 

The Secretary of the State and Director of the LSC once again received a letter of 

notice (Attachment D). 

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

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

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

on May 2, 2011. Copies of these notifications can be provided upon request. 

ORC 121.39, Provisions applicable to proposed legislation or administrative rules 

concerning environmental protection, imposes further requirements for interested party 

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

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

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

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

must also include information on the estimated cost of compliance. 

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

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

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

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

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

approval to administer a federal environmental law. The RSFA documents also 

contain a section entitled Fiscal Analysis which addresses potential costs. Our 

responses met the requirements of this law as evidenced in the consent by JCARR 

who reviews these documents. 

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

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

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

federal environmental law, and it must include an RSFA. 

On December 9, 2009 Ohio EPA notified interested parties via e-mail of the draft 

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

provided a 30-day comment period closing January 8, 2010. The interested parties 

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

party list may be provided upon request. 

As evidenced in item (A) of the ERAF for this rule, Ohio EPA identified that it 

considered all documentation relevant to the need for the rule making and identified 

those documents in list form. 
Article IV 

Attachment A 

Letter to Secretary of State 

and Director of LSC 
The Honorable Jennifer Brunner 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Greg Fouche, Interim 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: 51617 

File Date and Time: 01/03/2011 10:46 AM 

Confirmation Number: 27 e3cc2f1 d42753f1 a22d04 7f184d835 

ORIGINAL FILE 

Rule Number Type FYR? JE Date EffDate Next FYR Tag line 

3745-21-01 Amendment N 03/09/2011 Definitions. 

3745-21-09 Amendment N 03/09/2011 Control of emissions of volatile organic compounds from stationary 

sources and perchloroethylene from dry cleaning facilities. 

3745-21-21 Amendment N 03/09/2011 Storage of volatile organic liquids in fixed roof tanks and external 

floating roof tanks. 

3745-21-23 Amendment N 03/09/2011 Control of volatile organic compound emissions from industrial 

solvent cleaning operations. 

3745-21-24 Amendment N 03/09/2011 Flat wood paneling coatings. 

3745-21-26 New N 03/09/2011 Surface coating of miscellaneous metal and plastic parts. 

3745-21-27 New N 03/09/2011 Boat manufacturing. 

3745-21-28 New N 03/09/2011 Miscellaneous industrial adhesives and sealants. 

Control of volatile organic compound emissions from automobile and 

3745-21-29 New N 03/09/2011 light-duty truck assembly coating operations, heavier vehicle 

assembly coating operations, and cleaning operations associated 

with these coating operations. 

3745-72-02 Amendment y 03/09/2011 Definitions. 

3745-72-05 Amendment y 03/09/2011 Liability. 

Page 1 
Rule Number 

3745-72-06 

3745-110-01 

3745-110-03 

Type FYR? JE Date 

Amendment Y 

Amendment N 

Amendment N 

03/09/2011 

03/09/2011 

03/09/2011 

Eff Date Next FYR Tagline 

Page2 

Defenses. 

Definitions. 

RACT requirements and/or limitations for emissions of NOx from 

stationary sources. 
Article IV 

Attachment B 

RSFA 
ACTION: Final DATE: 05/02/2011 3:49PM 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control <DAPC) Alan Harness 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

3745-21-01 

Rule Number 

Rule Title/Tag Line 

AMENDMENT 

TYPE of rule filing 

Definitions. 

RULE SUMMARY 

614-644-2270 

Phone 

614-644-3681 

Fax 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: ll9.03 

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 to add definitions which will be utilized in the new rules 

being adopted for this chapter as part of this rulemaking package. 

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

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

then summarize the content of the rule: 

This rule defines the various terms used throughout Chapter 3745-21 of the 

Administrative Code. This rule is being amended to include information on items 

:ur; 
Page2 Rule Number: 3745-21-01 

incorporated by reference and to add and modify definitions as necessary due to 

modifications elsewhere in Chapter 3745-21 of the Administrative Code. Minor 

typographical changes have also been made to conform to LSC style and formatting 

guidelines. 

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

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.7 4 of the Revised Code because the text or other material is 

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

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

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

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

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

through 121.74. 

This rule also contains references to the United States Code (USC), the Federal 

Insecticide, Rodenticide, and Fungicide Act, and the Clean Air Act. These rules and 

Acts are generally available through libraries, Ohio EPA and Govermnent Printing 

Office's websites. USC references have also been dated to reference the specific 

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

requirements ofORC 121.71 through 121.74. 

The rule also contains references to analytical test methods used to determine 

parameters for materials subject to this rule or other materials utilized by regulators 

and impacted parties to determine or achieve compliance with these rules. These 

test methods and materials are cormnonly known and utilized by laboratories 

performing this type of analytical work. Copies of these test methods are available 

in libraries and the websites of the method's supporting organization (ASTM, 

ANSI, NFPA, NACE, etc.). 

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

rule. 

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

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

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

infeasible: 
Page 3 Rule Number: 3745-21-01 

Not Applicable. 

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

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

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

Not Applicable. 

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

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

Third Refile: This rule is being refiled to correct a technical issue which resulted in 

the wrong language being uploaded. The changes remain those indicated for the 

second refile. 

Second Refile: The following definitions will be added to paragraph (II) of rule 

3745-21-01 of the Administrative Code purusant to comments received: 

"Digital Printing" means a print-on-demand method of printing in which an 

electronic output device transfers variable data, in the form of an image, from a 

computer to a variety of substrates. Digital printing methods include, but are not 

limited to, inkjet printing, electrophotographic printing, dye sublimation printing, 

thermal wax printing and solid ink printing. 

First Refile: The following defmitions will be added to paragraph (EE) of rule 

3745-21-01 of the Administrative Code purusant to comments received: 

"Screen Printing" means a process in which the printing ink passes through a web 

or a fabric to which a refmed form of stencil has been applied. The stencil openings 

determine the form and dimensions of the imprint. 

"Digital Printing" means a print-on-demand method of printing in which an 

electronic output device transfers variable data, in the form of an image, from a 

computer to a varietY of substrates. Digital printing methods include, but are not 

limited to, inkjet printing, electrophotographic rinting, dye sublimation printing, 

thermal wax printing and solid ink printing. 

12. 119.032 Rule Review Date: 8/25/2013 

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

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

rule is the filing date.) 

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

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

for Amended rules or a date not to exceed 5 years from the review date for No 
Page4 Rule Number: 3745-21-01 

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

This rule contains definitions used throughout this chapter. There is no cost of 

compliance associated with this rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 12lst General Assembly. 
ACTION: Final I DATE: 05/02/2011 3:49PM 

Page E-1 Rule Number: 3745-21-01 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 

USEPA Control Technique Guidance Documents 

Comments from interested parties. 

LSC Style and Formatting Manual 

Rule Number: 3745-21-01 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:49PM 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control IDAPC) 

Division 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Alan Harness 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-21-09 

Rule Number 

AMENDMENT 

TYPE of rule filing 

Rule Title/Tag Line Control of emissions of volatile organic compounds from 

stationary sources and perchloroethylene from dry cleaning 

facilities. 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being filed pursuant to changes made to paragraphs (C), (U), and (HH) 

of this rule due to the promulgation of two new control technique guidline (CTG) 

rules (i.e.,rules 3745-21-26 and 3745-21-29 of the Administrative Code). The 

amendments to these paragraphs will prevent conflict with the new CTG rules. 

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

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, 
Page 2 Rule Number: 3745-21-09 

then summarize the content of the rule: 

The requirements of paragraphs (C), (U), and (HH) will be phased out only for 

sources in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and 

Summit County. These sources will be required to comply with one of two new 

CTGs in the future (i.e., rules 3745-21-26 and 3745-21-29 of the Administrative 

Code). This is discussed further below: 

Paragraph (C). 

This paragraph identifies VOC requirements for surface coating of automobile and 

light-duty trucks. This paragraph will be replaced by new rule 3745-21-29 of the 

Administrative Code for sources in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, 

Medina, Portage, and Summit Counties upon the compliance date for the new rule. 

Language is being suggested for addition to the beginning of this paragraph to 

identifY the phasing out of this paragraph for these Counties. 

Paragraph (U). 

This paragraph identifies VOC requirements for surface coating of miscellaneous 

metal parts and products. This paragraph will be replaced by new rule 3745-21-26 

of the Administrative Code for sources in Ashtabula, Cuyahoga, Geauga, Lake, 

Lorain, Medina, Portage, and Sununit Counties upon the compliance date in the 

new rule. Language is being suggested for addition to the beginning of this 

paragraph to identifY the phasing out of this paragraph for these Counties. 

Paragraph (HH). 

This paragraph identifies VOC requirements for surface coating of 

automotive/transportation and business machine plastic parts. This paragraph will 

be replaced by new rule 3745-21-26 of the Administrative Code for sources in 

Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit County 

upon the compliance date for the new rule. Language is being suggested for 

addition to the beginning of this paragraph to identifY the phasing out of this 

paragraph for these Counties. 

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

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.7 4 of the Revised Code because the text or other material is 

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

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

available to those persons: 

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

copies of these rules are generally available to the public through libraries and 
Page 3 Rule Number: 3745-21-09 

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

references from the provisions ofORC 121.71 through 121.75. 

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

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

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

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

through 121.74. 

This rule also contains references to the United States Code (USC) and acts of 

congress. These rules are generally available through libraries, Ohio EPA and 

Government Printing Office's websites. USC references have also been dated to 

reference the specific version of the rules. ORC 121.75(D) exempts such references 

from the requirements ofORC 121.71 through 121.74. 

The rule also contains references to analytical test methods used to determine 

parameters for materials subject to this rule or other materials utilized by regulators 

and impacted parties to determine or achieve compliance with these rules. These 

test methods and materials are commonly known and utilized by laboratories 

performing this type of analytical work. Copies of these test methods are available 

in libraries and the website for (ASTM, ANSI, NFPA, NACE, etc.)." 

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

3745-21-01 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 

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

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

Not Applicable. 

12. 119.032 Rule Review Date: 8/25/2013 
Page4 Rule Number: 3745-21-09 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

Please see the attached fiscal analysis for a discussion of the estimated cost of 

compliance with this rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the I 21st General Assembly. 
ACTION: Final DATE: 05/02/201 1 3:49PM 

Page E-1 Rule Number: 3745-21-09 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted ? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 Rule Number: 3745-21-09 

Federal Control Technique Guideline (CTG) documents. 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:49PM 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control <DAPC) 

Division 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Alan Harness 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-21-21 

Rule Number 

AMENDMENT 

TYPE of rule filing 

Rule Title/Tag Line Storage of volatile organic liquids in fixed roof tanks and 

external floating roof tanks. 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being filed to correct an omission during a previous review. 

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

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

then summarize the content of the rule: 

This rule was originally effective August, 25, 2008 with a compliance date of 

twelve months later. An amendment occurred on April 2, 2009; however Ohio EPA 
Page2 Rule Number: 3745-21-21 

inadvertently forgot to change paragraph (G) of this rule by replacing the text 

"twelve months from the effective date of this rule" to specifY the compliance date 

of "August 25, 2009." This amendment corrects this. 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

of these rules and statutes are generally available to the public through libraries and 

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

references from the provisions ofORC 121.71 through 121.75. 

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

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

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

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

through 121.74. 

The rule also contains references to analytical test methods used to determine 

parameters for materials subject to this rule or other materials utilized by regulators 

and impacted parties to determine or achieve compliance with these rules. These 

test methods and materials are commonly known and utilized by laboratories 

performing this type of analytical work. Copies of these test methods are available 

in libraries and the websites of the method's supporting organization (ASTM, 

ANSI, NFPA, NACE, etc.). 

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

3745-21-01. 

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

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

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

infeasible: 

Not Applicable. 

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

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

provide an explanation of why filing the text or other material was infeasible: 
Page3 Rule Number: 3745-21-21 

Not Applicable. 

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

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

Not Applicable. 

12. 119.032 Rule Review Date: 8/25/2013 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANAL YS/S 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

Please see tbe attached fiscal analysis for a discussion of the cost of compliance 

with this rule. 
Page4 Rule Number: 3745-21-21 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the !21st General Assembly. 
ACTION: Final DATE: 05/02/2011 3:49PM 

Page E-1 Rule Number: 3745-21-21 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted ? No 

Please list each contact. 

The change to this rule does not affect the substance or intent of the rule. This rule 

was originally effective August, 25, 2008 with a compliance date oftwelve months 

later. An amendment occurred on April 2, 2009; however Ohio EPA inadvertently 

forgot to change paragraph (G) of this rule by replacing the text" twelve months 

from the effective date of this rule" to specify the compliance date of"August 25, 

2009." This amendment corrects this. There will be a 30-day comment period when 

this rule is formally proposed. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 
Page E-2 Rule Number: 3745-21-21 

Clean Air Act. 

Federal Alternative Control Technique Guideline (ACT) documents. 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:46PM 

Rule Summary and Fiscal Analysis <Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control <DAPC) 

Division 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Alan Harness 

Contact 

614-644-2270 

Phone 

3745-21-23 

Rule Number 

AMENDMENT 

TYPE of rule filing 

614-644-3681 

Fax 

Rule Title/Tag Line Control of volatile organic compound emissions from 

industrial solvent cleaning operations. 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute( s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being filed to correct typographical errors and to incorporate additional 

language to avoid conflict with new rule 3745-21-27 of the Administrative Code. 

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

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

then summarize the content of the rule: 

The following amendments are being made to this rule: 
Page2 Rule Number: 3745-21-23 

1. Correcting a typographical error in the table of standards. Specifically, the 

solvent cleaning operation for "ultraviolet ink and electron beam ink application 

equipment, except screen printing" will have the VOC content limitation standard 

amended from 4.2 pounds/gallon to correctly read 5.4 pounds/gallon. 

2. Due to the promulgation of a new CTG-based rule (rule 3745-21-27 of the 

Administrative Code); adding an exemption to paragraph (D)(2)(p) ofthis rule. 

(This form of cleaning which was formerly covered in this paragraph is now 

addressed as part of the new rule.) 

3. Amending paragraph (F)(l) by allowing the use of technical data sheets and/or 

material safety data sheets to determine VOC content. 

4. Adding the record keeping requirement in paragraph (J) for sources that claim 

exemption from this rule when VOC emissions are less than 15.0 pounds per day. 

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

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.7 4 of the Revised Code because the text or other material is 

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

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

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

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

ORC 121.75(0) exempts such references from the requirements ofORC 121.71 

through 121.74. 

The rule also contains references to USEP A analytical test methods used to 

determine parameters for materials subject to this rule or other materials utilized by 

regulators and impacted parties to determine or achieve compliance with these 

rules. These test methods and materials are commonly known and utilized by 

laboratories performing this type of analytical work. Copies of these test methods 

are available in libraries and the website for USEP A. 

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

3745-21-01 of the Administrative Code. 

9. If the rule incorporates a text or other material by reference, and it was 
Page 3 Rule Number: 3745-21-23 

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 

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

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

Third Refile: This rule is being refiled to correct a technical issue which resulted in 

the wrong language being uploaded. The changes remain those indicated for the 

second refile. 

Second Refile: This is the third revision of the proposed rule language. The changes 

from the other revisions are discussed below: 

Paragraphs (A)(1)(c) and (J)(1) add clarifYing language to allow processes that are 

exempt from the rule to be excluded when calculating whether or not the facility as 

a whole is subject to this RACT requirement. 

First Refile: This is the second revision of the proposed rule language. The changes 

from the original revision are discussed below: 

Paragraph (D) of this rule is amended by adding an exemption. The specific 

exemption is under paragraph (D)(!)( e) ofthis rule and reads "cleaning operations 

associated with digital printing." 

Paragraphs (C)(6)(b)(i)(d) and (G)(7) correct cross references that were in error 

from the first revised filing. 

The following are changes made for the original revised filing on January 31, 2011: 

Paragraphs (C)(6), (F)(2), (G)(2), (G)(3), and (G)(7) of this rule have been revised 

to address comments by the American Coatings Association. The specific changes 

to each paragraph are as follows: 

Paragraph (C)(6). Additional language has been added to this paragraph to allow 

for additional alternate compliance options with the rule. 

Paragraph (F)(2). This paragraph has been amended by incorporating reference to 

paragraph (C)(6) of this rule. 
Page4 Rule Number: 3745-21-23 

Paragraph (G)(2). This paragraph has been amended by incorporating reference to 

paragraph (C)(6) of this rule. 

Paragraph (G)(3). This paragraph has been amended by incorporating reference to 

paragraph (C)(6) of this rule. 

Paragraph (G)(7). This paragraph has been amended by incorporating record 

keeping requirements for those facilities complying with paragraph (C)(6)(d) of this 

rule. 

12. 119.032 Rule Review Date: 8/25/2013 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANAL YS/S 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

Please see the attached fiscal analysis for a discussion of the cost of compliance 

with this rule. 
Page 5 Rule Number: 3745-21-23 

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

municipal corporations? No 

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

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

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

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

Page E-1 Rule Number: 3745-21-23 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. LSC Style and Fonnatting Manual. 
Page E-2 Rule Number: 3745-21-23 

Federal Control Technique Guideline (CTG) documents. 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the. state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:46PM 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control IDAPC) 

Division 

Alan Harness 

Contact 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

3745-21-24 

Rule Number 

AMENDMENT 

TYPE of rule filing 

614-644-2270 

Phone 

Rule Title/Tag Line Flat wood paneling coatings. 

RULE SUMMARY 

614-644-3681 

Fax 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being filed to add necessary monitoring, record keeping and reporting 

requirements that were inadvertently omitted when this rule was originally 

promulgated. 

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

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

then summarize the content of the rule: 

The rule is being amended to add monitoring, record keeping and reporting 
Page 2 Rule Number: 3745-21-24 

requirements that were inadvertently omitted when this rule was originally 

promulgated. The amendments are included in paragraphs (F) to (K) of this rule. 

Additionally, several minor changes were made to fix typographical errors and 

align the rule language with LSC formatting guidance requirements. 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

The rule also contains references to analytical test methods used to determine 

parameters for materials subject to this rule or other materials utilized by regulators 

and impacted parties to determine or achieve compliance with these rules. These 

test methods and materials are commonly known and utilized by laboratories 

performing this type of analytical work. Copies of these test methods are available 

in libraries and the USEP A website. 

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

3745-21-01 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 

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

filed version of this rule; if none, please state so: 
Page 3 Rule Number: 3745-21-24 

Not Applicable. 

12. 119.032 Rule Review Date: 8/25/2013 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANAL YS/S 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

Please see the attached fiscal analysis for a discussion of the cost of compliance 

with this rule. 

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

municipal corporations? No 

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

dealing with environmental protection as defined in R. C. 121.39? Yes 
Page4 Rule Number: 3745-21-24 

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

comply with Am. Sub. 106 of the !21st General Assembly. 
ACTION: Final DATE: 05/02/2011 3:46PM I 

Page E-1 Rule Number: 3745-21-24 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted ? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 

I'lL Ill 
Page E-2 Rule Number: 3745-21-24 

Federal Control Technique Guideline (CTG) documents. 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final I DATE: 05/02/2011 3:43PM I 

Rule Summarv and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollntion Control (DAPC) 

Division 

Alan Harness 

Contact 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

3745-21-27 NEW 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Boat manufacturing. 

614-644-2270 614-644-3681 

Phone Fax 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being proposed to meet federal requirements for reasonably available 

control technology requirements for several source categories ofVOC in moderate 

nonattainment areas. 

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

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

then summarize the content of the rule: 

This is a new rule that establishes emission reduction requirements for fiberglass 
Page2 Rule Number: 3745-21-27 

boat manufacturing operations in the Cleveland/ Akron area (i.e., Ashtabula, 

Cuyahoga; Geauga, Lake, Lorain, Medina, Portage, and Summit Counties). 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

libraries and on-line sources, including the Ohio EPA website, ORC 121. 76(A) 

exempts such references from the provisions ofORC 121.71 through 121.75. 

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

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

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

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

through 121.74. 

The rule also contains references to USEPA analytical test methods used to 

determine parameters for materials subject to this rule or other materials utilized by 

regulators and impacted parties to determine or achieve compliance with these 

rules. These test methods and materials are commonly known and utilized by 

laboratories performing this type of analytical work. Copies of these test methods 

are available in libraries and the website for USEP A. 

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

3745-21-01 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 
Page 3 Rule Number: 3745-21-27 

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

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

Not Applicable. 

12. 119.032 Rule Review Date: 08/25/2013 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

Please see the attached fiscal analysis for a detailed discussion of the cost of 

compliance with this rule. 

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

municipal corporations? No 
Page4 Rule Number: 3745-21-27 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 05/02/2011 3:43PM 

Page E-1 Rule Number: 3745-21-27 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

' 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 Rule Number: 3745-21-27 

Federal Control Technique Guideline (CTG) documents. 

Comments from interested parties. 

LSC Style aud Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:43PM 

Rule Summary and Fiscal Analysis <Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPC) 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

3745-21-28 NEW 

Alan Harness 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Miscellaneous industrial adhesives and sealants. 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being proposed to meet federal requirements for reasonably available 

control technology requirements for several source categories of VOC in moderate 

nonattainment areas. 

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

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

then summarize the content of the rule: 

This is a new rule that establishes emission reduction requirements for 

'Pri 
Page2 Rule Number: 3745-21-28 

miscellaneous industrial adhesives and sealants employed in the Cleveland! Akron 

area (i.e., Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and 

Summit Counties). 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

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

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

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

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

through 121.74. 

The rule also contains references to USEP A analytical test methods used to 

determine parameters for materials subject to this rule or other materials utilized by 

regulators and impacted parties to determine or achieve compliance with these 

rules. These test methods and materials are commonly known and utilized by 

laboratories performing this type of analytical work. Copies· of these test methods 

are available in libraries and the website for USEP A. 

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

3745-21-01 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 
Page 3 Rule Number: 3745-21-28 

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

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

Third Refile: This rule is being refiled to correct a technical issue which resulted in 

the wrong language being uploaded. The changes remain those indicated for the 

second refile. 

Second Refile: Ohio EPA is refiling this rule to add an exemption for digital 

printing operations in paragraph (A)(2)(h) per a comment received during the 

comment period. 

First Refile: Ohio EPA is refiling this rule to add clarifying language in paragraph 

(A)(3). 

The Control Techniques Guidance (CTG) Document for Miscellaneous Industrial 

Adhesives issued by USEP A under Section 183 of the Clean Air Act provides that 

the Miscellaneous Industrial Adhesives category does not include adhesives already 

addressed under other CTG documents, including: aerospace coatings; metal 

furniture coatings; large appliance coatings; flat wood paneling coatings; paper, 

film, and foil coatings; offset lithographic printing and letterpress printing; flexible 

package printing; coil coating; fabric coating; and rubber tire manufacturing. 

Ohio EPA has added new paragraph (A)(3) to clarify that this rule does not apply to 

an adhesive if the adhesive is already regulated by one of the other CTG categories. 

12. 119.032 Rule Review Date: 08/25/2013 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANAL YS/S 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 
Page4 Rule Number: 3745-21-28 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

Please see tbe attached fiscal analysis for a detailed discussion of the cost of 

compliance with this rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 oftbe !21st General Assembly. 
ACTION: Final DATE: 05/02/2011 3:43PM 

Page E-1 Rule Number: 3745-21-28 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 Rule Number: 3745-21-28 

Federal Control Technique Guideline (CTG) documents. 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:43PM 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (])APC) 

Division 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

3745-21-29 NEW 

Alan Harness 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Control of volatile organic compound emissions from 

automobile aud light-duty truck assembly coating operations. 

heavier vehicle assembly coating operations, and cleaning 

operations associated with these coating operations. 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being proposed to meet federal requirements for reasonably available 

control technology requirements for several source categories of VOC in moderate 

nonattainment areas. 

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

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

-'.ll:i 
Page2 Rule Number: 3745-21-29 

then summarize the content of the rule: 

This rule establishes emission reduction requirements of volatile organic compound 

emissions from automobile and light-duty truck assembly coating operations, 

heavier vehicle assembly coating operations, and associated facility coating 

operations for facilities located in the Cleveland/ Akron area (i.e., Ashtabula, 

Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties). 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

The rule also contains references to USEP A analytical test methods used to 

determine parameters for materials subject to this rule or other materials utilized by 

regulators and impacted parties to determine or achieve compliance with these 

rules. These test methods and materials are commonly known and utilized by 

laboratories performing this type of analytical work. Copies of these test methods 

are available in libraries and the website for USEP A. 

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

3745-21-01 of the Administrative Code .. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 
Page 3 Rule Number: 3745-21-29 

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

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

Not Applicable. 

12. 119.032 Rule Review Date: 08/25/2013 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

Please see the attached fiscal analysis for a detailed discussion of the cost of 

compliance with this rule. 

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

municipal corporations? No 
Page4 Rule Number: 3745-21-29 

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

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

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

comply with Am. Sub. 106 of the 12lst General Assembly. 
ACTION: Final DATE: 05/02/201 1 3:43PM 

Page E-1 Rule Number: 3745-21-29 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted ? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 Rule Number: 3745-21-29 

Federal Control Technique Guideline (CTG) documents. 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:41 PM I 

Rule Summarv and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control <DAPC) 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Alan Harness 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-72-02 

Rule Number 

AMENDMENT 

TYPE of rule filing 

Rule Title/Tag Line Definitions. 

RULE SUMMARY 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being filed due to amendments that were made during Ohio EPA's 

5-year review of this rule. 

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

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

then summarize the content of the rule: 

Minor wording changes have been made to this rule in order to provide clarity. The 

changes do not affect the scope or intent of this rule. 
Page2 Rule Number: 3745-72-02 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

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

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

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

121.71 through 121.75. 

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

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

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

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

through 121.74. 

This rule also contains references to the United States Code (USC), and the Clean 

Air Act. These rules and Acts are generally available through libraries, Ohio EPA 

and Government Printing Office's websites. USC references have also been dated to 

reference the specific version of the rules. ORC 121.75(D) exempts such references 

from the requirements ofORC 121.71 through 121.74. 

The rule also contains references to USEP A analytical test methods used to 

determine parameters for materials subject to this rule or other materials utilized by 

regulators and impacted parties to determine or achieve compliance with these 

rules. These test methods and materials are commonly known and utilized by 

laboratories performing this type of analytical work. Copies of these test methods 

are available in libraries and the website for USEP A. 

Referenced materials are cited, dated and availability noted in paragraph (C)(2) of 

this rule. 

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

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

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

infeasible: 

Not Applicable. 

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

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

provide an explanation of why filing the text or other material was infeasible: 
Page 3 Rule Number: 3745-72-02 

Not Applicable. 

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

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

Not Applicable. 

12. 119.032 Rule Review Date: 113/2011 and 08/04/2015 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANAL YS/S 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

There is no cost of compliance associated with this rule. This rule contains 

definitions that are applicable with the other rules in this Chapter. 
Page4 Rule Number: 3745-72-02 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the !21st General Assembly. 
ACTION:.Final DATE: 05/02/2011 3:41 PM 

Page E-1 Rule Number: 3745-72-02 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 

Comments from interested parties. 

LSC Style and Formatting Manual. 

Rule Number: 3745-72-02 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:41PM 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPC) 

Division 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Alan Harness 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-72-05 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Liability. 

RULE SUMMARY 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being filed due to amendments that were made during Ohio EPA's 

5-year review of this rule. 

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

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

then summarize the content of the rule: 

Minor wording changes have been made to this rule in order to provide more 

clarity. The changes do not affect the scope or intent of the rule. Specifically, the 
Page 2 Rule Number: 3745-72-05 

word "produced" has been deleted and replaced with the word "blended." 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

libraries and on-line sources, including the Ohio EPA website, ORC 

121.76(A)exempts such references from the provisions ofORC 121.71 through 

121.75. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 

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

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

Not Applicable. 

12. 119.032 Rule Review Date: 113/2011 and 08/04/2015 

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

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

rule is the filing date.) 

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

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

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

Change rules. 
Page 3 Rule Number: 3745-72-05 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

This rule contains administrative requirements outlining responsibilities in case of a 

violation. There is no cost of compliance associated with this rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the !21st General Assembly. 
ACTION: Final DATE: 05/02/2011 3:41PM 

Page E-1 Rule Number: 3745-72-05 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121 st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 Rule Number: 3745-72-05 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:49PM I 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control IDAPC) Alan Harness 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

614-644-2270 614-644-3681 

Agency Mailing Address (Plus Zip) 

3745-72-06 

Rule Number 

Rule Title/Tag Line 

AMENDMENT 

TYPE of rule filing 

Defenses. 

RULE SUMMARY 

Phone Fax 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being filed due to amendments that were made during Ohio EPA's 

5-year review of this rule. 

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

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

then summarize the content of the rule: 

Minor wording changes have been made to this rule in order to provide more 

clarity. The changes do not affect the scope or intent of this rule. Specifically, the 

P.\1 
Page2 Rule Number: 3745-72-06 

gender wording "he","him", and "his" has been deleted and replaced by the 

"distributor", "the refmer/importer's", "the ethanol blender's", "the carrier's", or "the 

retailer/wholesale purchaser-consumer", as appropriate. 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 

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

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

Not Applicable. 

12. 119.032 Rule Review Date: 1/3/2011 and 08/04/2015 

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

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

rule is the filing date.) 

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

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

for Amended rules or a date not to exceed 5 years from the review date for No 
Page 3 Rule Number: 3745-72-06 

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

This is an administrative rule which outlines the defenses which a potentially 

affected party may use if a shipment of fuel does not meet the requirements of 

paragraph (A) of rule 3745-72-03 of the Administrative Code. There is no cost of of 

compliance associated with this rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final I DATE: 05/02/2011 3:49PM 

Page E-1 Rule Number: 3745-72-06 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted ? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

fumished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 

Comments from interested parties. 

LSC Style and Formatting Manual. 

Rule Number: 3745-72-06 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

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

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

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

to amend? No 

Not Applicable 
ACTION: Final DATE: 05/02/2011 3:46PM I 

Rule Summarv and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control <DAPC) Alan Harness 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

3745-110-01 

Rule Number 

Rule Title/Tag Line 

AMENDMENT 

TYPE of rule filing 

Definitions. 

RULE SUMMARY 

614-644-2270 

Phone 

614-644-3681 

Fax 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being proposed to incorporate a new definition and update referenced 

materials. 

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

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

then summarize the content of the rule: 

The amendments consist of adding the definition "lb/mmBtu" to the list of 

definitions and updating referenced materials in paragraph (C) of this rule. 
Page2 Rule Number: 3745-110-01 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these rules and statutes are generally available to the public through 

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

The rule also contains references to ASTM and USEP A test methods used to 

determine parameters for materials subject to this rule or other materials utilized by 

regulators and impacted parties to determine or achieve compliance with these 

rules. These test methods and materials are commonly known and utilized by 

laboratories performing this type of analytical work. Copies of these test methods 

are available in libraries and the website for USEP A. 

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

rule. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 

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

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

Not Applicable. 

12. 119.032 Rule Review Date: 12/22/2012 

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

scheduled review date. If you answered YES to No. 1, the review date for this 
Page 3 Rule Number: 3745-110-01 

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

This rule contains definitions used throughout the chapter. There is no cost of 

compliance with definitions. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the !21st General Assembly. 
ACTION: Final DATE: 05/02/2011 3:46PM 

Page E-1 Rule Number: 3745-110-01 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 

·,,m:l 
Page E-2 Rule Number: 3745-110-01 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

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

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

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

to amend? No 

Not Applicable 
Ar'm[O.NT· ·p: , l '-• 1. . ma DATE: 05/02/2011 3:46PM 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control IDAPC) 

Division 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Alan Harness 

Contact 

614-644-2270 

Phone 

614-644-3681 

Fax 

3745-110-03 

Rule Number 

AMENDMENT 

TYPE of rule filing 

Rule Title/Tag Line RACT requirements and/or limitations for emissions of NOx 

from stationary sources. 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being proposed to incorporate new site-specific NOx emission 

requirements. 

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

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

then summarize the content of the rule: 

This rule is being amended to add four site-specific rules based on approved NOx 
Page 2 Rule Number: 3745-110-03 

RACTstudies submitted under paragraph (I) of rule 3745-110-03 ofthe 

Administrative Code. Specifically, the four site-specific rules are for Northeast 

Ohio Regional Sewer District Southerly Wastewater Treatment Center, 

ArcelorMittal Cleveland, Inc., Republic Engineered Products, and U.S. Steel. 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

copies of these rules are generally available to the public through libraries and 

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

references from the provisions ofORC 121.71 through 121.75. 

Referenced materials are cited, dated and availability noted in rule 37 45-110-01 of 

the Administrative Code. 

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

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

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

infeasible: 

Not Applicable. 

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

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

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

Not Applicable. 

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

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

The following revisions have been made pursuant to comments received from 

ArcelorMittal Cleveland Inc.: 

1. The comma between the words Cleveland and Inc. has been removed. 

2. The NOx emission limitation for emissions unit P071 has been changed from 

0.18lb/MMBtu to 0.23lb/MMBtu. 
Page 3 Rule Number: 3745-110-03 

3. The name of emissions units P905 and P906 has been changed from No. 2 BOF: 

Ladle Preheaters to No. 1 BOF: Ladle Preheaters. 

4. The name of emissions units P925 and P926 has been changed from No. 1 BOF: 

Ladle Preheaters to No. 2 BOF: Ladle Preheaters. 

12. 119.032 Rule Review Date: 12/22/2012 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not Applicable. 

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

necessitated by the proposed rule: 

Not Applicable. 

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

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

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

This rule establishes reasonably available control technology (RACT) for NOx 

emissions. See attached fiscal analysis. 

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

municipal corporations? No 
Page4 Rule Number: 3745-110-03 

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

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

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

comply with Am. Sub. 106 of the !21st General Assembly. 
ACTION: Final DATE: 05/02/2011 3:46PM 

Page E-1 Rule Number: 3745-110-03 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted ? Yes 

Please list each contact. 

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

December 9, 2009 to January 8, 2010. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

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

feasibility of the proposed rule or amendment considered ? Yes 

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

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act. 
Page E-2 

Comments from interested parties. 

LSC Style and Formatting Manual. 

Rule Number: 3745-110-03 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart ? No 

Not Applicable 

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

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

proposed rule amendment more stringent than the rule that it is proposing 

to amend? No 
Article IV 

Attachment C 

JCARR Agenda 
1 

2 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

Agenda- 3/7/2011-1:30 P.M. 

v fJC RtrC~ flU ~/('5 

ff(}lt :#-i-f? 

Statehouse Hearing Room 121(William McKinley Room) 

FINAL AGENDA 

Board of Embalmers and Funeral Directors• 

Total Rules: 15 Original Filing Date: 12/20/2010 

Rule T)lge Action FYR? Rule Number 

New Rule Original Filing No 4717-1-03 

New Rule Original Filing No 4717-1-04 

New Rule Original Filing No 4717-2-01 

New Rule Original Filing No 4717-2-02 

New Rule Original Filing No 4717-2-03 

New Rule Original Filing No 4717-2-04 

New Rule Original Filing No 4717-2-05 

New Rule Original Filing No 4717-3-01 

New Rule Original Filing No 4717-5-01 

New Rule Original Filing No 4717-6-01 

New Rule Original Filing No 4717-6-02 

New Rule Original Filing No 4717-7-01 

New Rule Original Filing No 4717-9-01 

New Rule Original Filing No 4717-11-01 

New Rule Original Filing No 4717-12-01 

Board of Embalmers and Funeral Directors• 

Total Rules: 27 Original Filing Date: 12/22/2010 

Rule T)lge Action FYR? Rule Number 

Rescission Original Filing Yes 4717-1-01 

Rescission Original Filing Yes 4717-1-03 

Rescission Original Filing Yes 4717-1-04 

Consent 

Jurisdiction Ends: 3/9/2011 

Rule Title 

Notice of administrative rules hearing. 

Legal representation. 

Meetings of the board. 

Committees of the board. 

Duties of the Officers. 

Crematory Review Board. 

Personal information system. 

Fees and charges. 

Apprenticeship requirements. 

Embalmer's examination and subjects. 

Funeral directors' examination and subjects. 

FINAL AGENDA 

Public Hearing: 1/24/2011 

Fixed place or location and general requirements for licensure of funeral homes 

and embalming facilities. 

Continuing education requirements. 

Summary suspension. 

Forfeitures. 

Rule Title 

Definitions. 

Jurisdiction Ends: 3/9/2011 

Meetings of the board. 

Committees of the board. 

Public Hearing: 1/24/2011 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466~4086 • www.jcarr.state.oh.us ·Page 1• 3fi/2011 
3 

4 

FINAL AGENDA 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011 - 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4717-1-05 Duties of the president. 

4717-1-06 Duties of the secretary-treasurer. 

4717-1-07 Regulation forms used by the board for embalmers. 

FINAL AGENDA 

Rescission Original Filing Yes 4717-1-08 Regulation forms used by the board for funeral directors. 

Rescission Original Filing Yes 4717-1-09 Fees and charges. 

Rescission Original Filing Yes 4717-1-10 Requirements for embalmer's license. 

Rescission Original Filing Yes 4717-1-11 Requirements for reciprocal embalmer's license. 

Rescission Original Filing Yes 4717-1-12 Requirements for funeral director's license. 

Rescission Original Filing Yes 4717-1-13 Requirements for reciprocal funeral director's license. 

Rescission Original Filing Yes 4717-1-14 Apprenticeship. 

Rescission Original Filing Yes 4717-1-15 Examinations. 

Rescission Original Filing Yes 4717-1-16 Requirements for funeral home license. 

Rescission Original Filing Yes 4717-1-18 General rules for conduct of business. 

Rescission Original Filing Yes 4717-1-19 Legal representation. 

Rescission Original Filing Yes 4717-1-20 Adoption, amendment, and rescission of rules. 

Rescission Original Filing Yes 4717-1-21 Notice of meetings. 

Rescission Original Filing Yes 4717-1-23 Continuing education requirements. 

Rescission Original Filing Yes 4717-1-25 Preneed funeral contract annual report. 

Rescission Original Filing Yes 4717-1-26 Meetings of the crematory review board. 

Rescission Original Filing Yes 4717-1-27 Embalming facilities. 

Rescission Original Filing Yes 4717-1-28 Crematory facilities. 

Rescission Original Filing Yes 4717-1-29 Summary suspension. 

Rescission Original Filing Yes 4717-1-30 Forfeitures. 

Rescission Original Filing Yes 4717-1-31 Inspections. 

Bureau of Workers' Com11ensation• 

Total Rules: 1 Original Filing Date: 1/4/2011 Jurisdiction Ends: 3/10/2011 Public Hearing: 2/11/2011 

Ryle T)(!Je 8l<li.Q!l FYR? Rule Number Rule Title 

Amendment Original Filing No 4123-6-37.3 Payment of ambulatory surgical center services. 

Bureau of Workers' Com11ensation• 

Total Rules: 1 Original Filing Date: 1/3/2011 Jurisdiction Ends: 3/9/2011 Public Hearing: 2/11/2011 

Rule T)(Qe Action FYR? Rule Number Rule Title 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 2• 31712011 
FINAL AGENDA 

Amendment Original Filing No 

5 Bureau of Workers' Compensation· 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/7/2011 - 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4123-6-37.2 Payment of hospital outpatient services. 

FINAL AGENDA 

Total Rules: 1 Original Filing Date: 1/3/2011 Date of Revised Filing: 1/25/2011 Jurisdiction Ends: 3/9/2011 Public Hearing: 2/11/2011 

Rule Type Action 

Amendment Revised Filing 

FYR? 

No 

Rule Number 

4123-6-08 

6 Bureau of Workers' Compensation• Division of Safety and Hygiene 

Total Rules: 1 Original Filing Date: 1/3/2011 

Rule Type Action 

Rescission Original Filing 

FYR? 

Yes 

Rule Number 

4123:1-5-99.2 

7 Counselor. Social Worker. and Marriage and Family Therapist Board• 

Rule Title 

Bureau fee schedule. 

Jurisdiction Ends: 3/9/2011 Public Hearing: 2/11/2011 

Rule Title 

Examples of local exhaust ventilation. 

Total Rules: 9 Original Filing Date: 12/9/2010 Date of Revised Filing: 12/13/2010 Jurisdiction Ends: 3/9/2011 Public Hearing: 1/13/2011 

Rule Type Action FYR? 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Total Rules: 1 Original Filing Date: 12/9/2010 

Rule Type 

New Rule 

Total Rules: 1 

Action FYR? 

Revised Filing No 

Original Filing Date: 12/9/2010 

Rule N!Jmber 

4757-3-01 

4757-5-02 

4757-5-03 

4757-5-08 

4757-5-09 

4757-6-01 

4757-9-05 

4757-13-07 

4757-25-02 

Rule Title 

Definitions. 

Standards of ethical practice and professional conduct: clients/consumers of 

services. 

Standards of ethical practice and professional conduct: multiple relationships. 

Standards of ethical practice and professional conduct payment for services. 

Standards of ethical practice and professional conduct: record keeping. 

Reports prepared for court review including custody, visitation and guardianship 

concerns. 

Approval of continuing professional education programs required for renewal of 

licenses and certificates of registration issued by the board. 

Counselor program approval. 

Marriage and family therapist examination policy. 

Date of Revised Filing: 12/16/2010 Jurisdiction Ends: 3/9/2011 Public Hearing: 1/13/2011 

Rule Number Rule Title 

4757-1-07 Discipline actions that may include fines. 

Date of Refiled Filing: 2/16/2011 Jurisdiction Ends: 3/18/2011 Public Hearing: 1/13/2011 

Rule Type Action 

Amendment Refiled Filing 

FYR? 

No 

Rule Number 

4757-9-04 

Rule Title 

Clock hours for continuing professional education. 

JCARR 77 South High Street • Concourse Levef • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 3• 3fi/2011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/7/2011-1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

FINAL AGENDA 

8 Department of Administrative Services• Division of Human Resources 

Total Rules: 2 Original Filing Date: 1/7/2011 Jurisdiction Ends: 3/13/2011 Public Hearing: 2/8/2011 

Rule Type Action FYR? Rule Number Rule Title 

Amendment Original Filing No 123:1-7-15 State managerial and supervisory classifications. 

Amendment Original Filing No 123:1-7-21 Classifications for the office of the attorney general. 

9 Department of Aging• 

10 

11 

Total Rules: 1 Original Filing Date: 11/18/2010 Date of Revised Filing: 12/1/2010 Jurisdiction Ends: 3/9/2011 Public Hearing: 12/21/2010 

Rule Type Action FYR? Rule Number Rule Title 

New Rule Revised Filing No 173-39-02.1 Adult day service. 

Department of Aging• 

Total Rules: 7 Original Filing Date: 1/6/2011 

Bule Type Action FYR? 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Rescission Original Filing Yes 

New Rule Original Filing No 

Rescission Original Filing Yes 

New Rule Original Filing No 

Amendment Original Filing Yes 

Total Rules: 1 Original Filing Date: 1/6/2011 

Rule Type Action FYR? 

Amendment Revised Filing Yes 

Department of Agriculture• Food Safety 

Total Rules: 21 Original Filing Date: 1/11/2011 

Bule Type Action FYR? 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rule Nymber 

173-6-01 

173-6-02 

173-6-03 

173-6-03 

173-6-04 

173-6-04 

Jurisdiction Ends: 3/12/2011 

Rule Title 

Introduction and definitions. 

Eligibility. 

Public Hearing: 2/8/2011 

Enrollment process for those sixty years of age or older. 

Enrollment process for those sixty years of age or older. 

Enrollment process for those eighteen to fifty-nine years of age. 

Enrollment process for those eighteen to fifty-nine years of age. 

173-6-05 Provider participation. 

Date of Revised Filing: 1/27/2011 Jurisdiction Ends: 3/12/2011 

Rule Number 

173-6-06 

Rule Number 

901 :3-63-01 

901:3-63-02 

901 :3-63-03 

901 :3-63-04 

Ryle Title 

Records that identify cardholders. 

Rule Title 

Definitions. 

Jurisdiction Ends: 3/17/2011 

Procedures for application. 

Loan applicant eligibility. 

Forms for applicants. 

Public Hearing: 2/8/2011 

Public Hearing: 2/18/2011 

JCARR 77 South High Street· Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us ·Page 4• 3fl/2011 
12 

FINAL AGENDA 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

!;!eQartment of Agriculture• Plant lndust[Jl 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011 - 1:30 P.M. FINAL AGENDA 

Statehouse Hearing Room 121(William McKinley Room) 

901 :3-63-05 

901 :3-63-06 

901:3-63-07 

901 :3-63-08 

901 :3-63-10 

901:3-63-11 

901:3-63-13 

901:3-63-14 

901 :3-63-15 

901:3-63-16 

901 :3-63-17 

901:3-63-18 

901 :3-63-19 

901:3-63-20 

901:3-63-21 

901 :3-63-22 

901:3-63-23 

Fees and charges for loan guarantees. 

Farm business plan and management strategy. 

Interest rates. 

Payment schedules. 

Other terms and conditions for loan guarantees. 

Criteria for reviewing, evaluating, ranking, approving applications. 

Location criteria. 

Lending institution submission of loan application to Ohio department of 

development. 

Ohio department of development submission of loan application to director. 

Administration of family farm loan program. 

Agricultural financing commission. 

Determination of loan approval by director of agriculture. 

Transmittal of director of agriculture's determinations to controlling board. 

Notification by director of decision of controlling board. 

Contract of guarantee with lending institutions. 

Inform agricultural organizations and others about the program. 

Annual report by director. 

Total Rules: 1 Original Filing Date: 1/1012011 Jurisdiction Ends: 3/16/2011 Public Hearing: 2110/2011 

Rule Type Action FYR? Rule Number Rule Title 

Amendment Original Filing No 901:5-7-12 Guaranteed analysis. 

13 DeQartment of Alcohol and Drug Addiction Services• Program Standards 

Total Rules: 2 Original Filing Date: 11512011 Date of Revised Filing: 218/2011 Jurisdiction Ends: 311112011 Public Hearing: 2/7/2011 

Rule Type Actjon 

New Rule Revised Filing 

New Rule Revised Filing 

FYR? 

No 

No 

Rule Number 

3793:2-1-11 

3793:2-1-12 

Rule Title 

Alcohol and drug treatment services provided by interactive videoconferencing. 

Alcohol and drug treatment services provided by interactive videoconferencing for 

clients that are deaf or hearing impaired. 

14 DeQartment of Commerce• Board of Building Standards: Ohio Building Code 

Total Rules: 20 Original Filing Date: 10/912009 Date of Refiled Filing: 2/2412011 Jurisdiction Ends: 312612011 Public Hearing: 11113/2009 

Rule Type Action Rule Number Rule Title 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 4664086 • www.jcarr.state.oh.us • Page 5• 3/7/2011 
FINAL AGENDA 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011- 1:30 p.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4101:1-1-01 Administration. 

4101:1-2-01 Definitions. 

4101:1-3-01 Use and occupancy classification. 

FINAL AGENDA 

4101:1-4-01 Special detailed requirements based on use and occupancy. 

4101:1-5-01 General building heights and areas. 

4101:1-6-01 Types of construction. 

4101:1-7-01 Fire-resistance-rated construction. 

4101:1-8-01 Interior finishes. 

4101:1-9-01 Fire protection systems. 

4101:1-10-01 Means of egress. 

4101:1-11-01 Accessibility. 

4101:1-12-01 Interior environment. 

4101:1-13-01 Energy efficiency. 

4101:1-14-01 Exterior walls. 

4101:1-15-01 Roof assemblies and rooftop structures. 

4101:1-16-01 Structural design. 

4101:1-17-01 Structural tests and special inspections. 

4101:1-18-01 Soils and foundations. 

4101:1-19-01 Concrete. 

4101:1-20-01 Aluminum. 

15 Department of Commerce• Board of Building Standards: Ohio Building Code 

Total Rules: 15 Original Filing Date: 10/9/2009 Date of Refiled Filing: 2/24/2011 Jurisdiction Ends: 3/26/2011 Public Hearing: 11/13/2009 

Bule T¥Qe Action FYR? Rule Number Rule Title 

Rescission Refiled Filing Yes 4101:1-21-01 Masonry. 

Rescission Refiled Filing Yes 4101:1-22-01 Steel. 

Rescission Refiled Filing Yes 4101:1-23-01 Wood. 

Rescission Refiled Filing Yes 4101:1-24-01 Glass and glazing. 

Rescission Refiled Filing Yes 4101:1-25-01 Gypsum board and plaster. 

Rescission Refiled Filing Yes 4101:1-26-01 Plastic. 

Rescission Refiled Filing Yes 4101:1-27-01 Electrical. 

Rescission Refiled Filing Yes 4101:1-28-01 Mechanical systems. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466H4086 • www.jcarr.state.oh.us • Page 6• Jfl/2011 
16 

17 

FINAL AGENDA 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011-1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4101:1-29-01 Plumbing systems. 

4101:1-30-01 Elevators and conveying systems. 

4101:1-31-01 Special construction. 

4101:1-32-01 Encroachments into the public right-of-way. 

4101:1-33-01 Safeguards during construction. 

4101:1-34-01 Existing structures. 

4101:1-35-01 Referenced standards. 

Degartment of CQmmerce• Board of Building Standards: Ohio Building Code 

Total Rules: 20 Original Filing Date: 10/9/2009 Date of Refiled Filing: 2/24/2011 Jurisdiction Ends: 3/26/2011 

Rule T)!Qe Action FYR? Rule Number Rule Title 

New Rule Refiled Filing No 4101:1-1-01 Administration. 

New Rule Refiled Filing No 4101:1-2-01 Definitions. 

New Rule Refiled Filing No 4101:1-3-01 Use and occupancy classification. 

FINAL AGENDA 

Public Hearing: 11/13/2009 

New Rule Refiled Filing No 4101:1-4-01 Special detailed requirements based on use and occupancy. 

New Rule Refiled Filing No 4101:1-5-01 General building heights and areas. 

New Rule Refiled Filing No 4101:1-6-01 Types of construction. 

New Rule Refiled Filing No 4101:1-7-01 Fire and smoke protection features. 

New Rule Refiled Filing No 4101:1-8-01 Interior finishes. 

New Rule Refiled Filing No 4101:1-9-01 Fire protection systems. 

New Rule Refiled Filing No 4101:1-10-01 Means of egress. 

New Rule Refiled Filing No 4101:1-11-01 Accessibility. 

New Rule Refiled Filing No 4101:1-12-01 Interior environment. 

New Rule Refiled Filing No 4101:1-13-01 Energy efficiency. 

New Rule Refiled Filing No 4101:1-14-01 Exterior walls. 

New Rule Refiled Filing No 4101:1-15-01 Roof assemblies and rooftop structures. 

New Rule Refiled Filing No 4101:1-16-01 Structural design. 

New Rule Refiled Filing No 4101:1-17-01 Structural tests and special inspections. 

New Rule Refiled Filing No 4101:1-18-01 Soils and foundations. 

New Rule Refiled Filing No 4101:1-19-01 Concrete. 

New Rule Refiled Filing No 4101:1-20-01 Aluminum. 

Degartment of Commerce• Board of Building Standards: Ohio Building Code 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcaff.state.oh.us ·Page 7• 31712011 
18 

FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/7/2011 - 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

Total Rules: 15 Original Filing Date: 10/9/2009 Date of Refiled Filing: 2/24/2011 Jurisdiction Ends: 3/26/2011 

Rule T)1Qe Action FYR? Rule Number Rule Title 

New Rule Refiled Filing No 4101:1-21-01 Masonry. 

New Rule Refiled Filing No 4101:1-22-01 Steel. 

New Rule Refiled Filing No 4101:1-23-01 Wood. 

New Rule Refiled Filing No 4101:1-24-01 Glass and glazing. 

New Rule Refiled Filing No 4101:1-25-01 Gypsum board and plaster. 

New Rule Refiled Filing No 4101:1-26-01 Plastic. 

New Rule Refiled Filing No 4101:1-27-01 Electrical. 

New Rule Refiled Filing No 4101:1-28-01 Mechanical systems. 

New Rule Refiled Filing No 4101:1-29-01 Plumbing systems. 

New Rule Refiled Filing No 4101:1-30-01 Elevators and conveying systems. 

New Rule Refiled Filing No 4101:1-31-01 Special construction. 

New Rule Refiled Filing No 4101:1-32-01 Encroachments into the public right-of-way. 

New Rule Refiled Filing No 4101:1-33-01 Safeguards during construction. 

New Rule Refiled Filing No 4101:1-34-01 Existing structures. 

New Rule Refiled Filing No 4101:1-35-01 Referenced standards. 

Deg;u:tment of !:;Qmmer~;e• Board of Building Standards: Ohio Mechanical Code 

Total Rules: 15 Original Filing Date: 10/9/2009 Date of Refiled Filing: 2/24/2011 Jurisdiction Ends: 3/26/2011 

Rule T)1Qe Action FYR? Rule Number Rule Title 

Rescission Refiled Filing Yes 4101:2-1-01 Administration. 

Rescission Refiled Filing Yes 4101:2-2-01 Definitions. 

Rescission Refiled Filing Yes 4101:2-3-01 General regulations. 

Rescission Refiled Filing Yes 4101:2-4-01 Ventilation. 

Rescission Refiled Filing Yes 4101:2-5-01 Exhaust systems. 

Rescission Refiled Filing Yes 4101:2-6-01 Duct systems. 

Rescission Refiled Filing Yes 4101:2-7-01 Combustion air. 

Rescission Refiled Filing Yes 4101:2-8-01 Chimneys and vents. 

FINAL AGENDA 

Public Hearing: 11/13/2009 

Public Hearing: 11/13/2009 

Rescission Refiled Filing Yes 4101:2-9-01 Specific appliances, fireplaces and solid fuel-burning equipment. 

Rescission Refiled Filing Yes 4101:2-10-01 Boilers, water heaters and pressure vessels. 

Rescission Refiled Filing Yes 4101:2-11-01 Refrigeration. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 8• 31712011 
FINAL AGENDA 

Rescission Refiled Filing 

Rescission Refiled Filing 

Rescission Refiled Filing 

Rescission Refiled Filing 

Yes 

Yes 

Yes 

Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011 - 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4101:2-12-01 

4101:2-13-01 

4101:2-14-01 

4101:2-15-01 

Hydronic piping. 

Fuel oil piping and storage. 

Solar systems. 

Referenced standards. 

19 Department of Commerce• Board of Building Standards: Ohio Mechanical Code 

Total Rules: 15 Original Filing Date: 10/9/2009 Date of Refiled Filing: 2/24/2011 Jurisdiction Ends: 3/26/2011 

Rule Tl£Qe Action FYR? Ryle Number Rule Title 

New Rule Refiled Filing No 4101:2-1-01 Administration. 

New Rule Refiled Filing No 4101:2-2-01 Definitions. 

New Rule Refiled Filing No 4101:2-3-01 General regulations. 

New Rule Refiled Filing No 4101:2-4-01 Ventilation. 

New Rule Refiled Filing No 4101:2-5-01 Exhaust systems. 

New Rule Refiled Filing No 4101:2-6-01 Duct systems. 

New Rule Refiled Filing No 4101:2-7-01 Combustion air. 

New Rule Refiled Filing No 4101:2-8-01 Chimneys and vents. 

FINAL AGENDA 

Public Hearing: 11/13/2009 

New Rule Refiled Filing No 4101:2-9-01 Specific appliances, fireplaces and solid fuel-burning equipment. 

New Rule Refiled Filing No 4101:2-10-01 Boilers, water heaters and pressure vessels. 

New Rule Refiled Filing No 4101:2-11-01 Refrigeration. 

New Rule Refiled Filing No 4101:2-12-01 Hydronic piping. 

New Rule Refiled Filing No 4101:2-13-01 Fuel oil piping and storage. 

New Rule Refiled Filing No 4101:2-14-01 Solar systems. 

New Rule Refiled Filing No 4101:2-15-01 Referenced standards. 

20 Department of Commerce• Board of Building Standards: Ohio Plumbing Code 

Total Rules: 13 Original Filing Date: 10/9/2009 Date of Refiled Filing: 2/24/2011 Jurisdiction Ends: 3/26/2011 Public Hearing: 11/13/2009 

Bule T)l[le Action FYR? Rule Numger Rule Title 

Rescission Refiled Filing Yes 4101:3-1-01 Administration. 

Rescission Refiled Filing Yes 4101:3-2-01 Definitions. 

Rescission Refiled Filing Yes 4101:3-3-01 General regulations. 

Rescission Refiled Filing Yes 4101:3-4-01 Fixtures, faucets and fixture fittings. 

Rescission Refiled Filing Yes 4101:3-5-01 Water heaters. 

Rescission Refiled Filing Yes 4101 :3-6-01 Water supply and distribution. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466~4086 • www.jcarr.state.oh.us • Page 9• 317/2011 
FINAL AGENDA 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

Rescission Refiled Filing Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/7/2011-1:30 p.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4101:3-7-01 Sanitary drainage. 

4101:3-8-01 Indirect/special waste. 

4101:3-9-01 Vents. 

4101:3-10-01 Traps, interceptors and separators. 

4101:3-11-01 Storm drainage. 

4101:3-12-01 Special piping and storage systems. 

4101:3-13-01 Referenced standards. 

21 Department of Commerce• Board of Building Standards: Ohio Plumbing Code 

Total Rules: 13 Original Filing Date: 10/9/2009 Date of Refiled Filing: 2/24/2011 Jurisdiction Ends: 3/26/2011 

Bule T~ge Action FYR? Rule Number Rule Title 

New Rule Refiled Filing No 4101:3-1-01 Administration. 

New Rule Refiled Filing No 4101:3-2-01 Definitions. 

New Rule Refiled Filing No 4101:3-3-01 General regulations. 

New Rule Refiled Filing No 4101:3-4-01 Fixtures. faucets and fixture fittings. 

New Rule Refiled Filing No 4101:3-5-01 Water heaters. 

New Rule Refiled Filing No 4101:3-6-01 Water supply and distribution. 

New Rule Refiled Filing No 4101:3-7-01 Sanitary drainage. 

New Rule Refiled Filing No 4101:3-8-01 Indirect/special waste. 

New Rule Refiled Filing No 4101:3-9-01 Vents. 

New Rule Refiled Filing No 4101:3-10-01 Traps, interceptors and separators. 

New Rule Refiled Filing No 4101:3-11-01 Storm drainage. 

New Rule Refiled Filing No 4101:3-12-01 Special piping and storage systems. 

New Rule Refiled Filing No 4101:3-13-01 Referenced standards. 

22 DeQartment of Education• 

Total Rules: 9 Original Filing Date: 1/7/2011 Jurisdiction Ends: 3/13/2011 

Bule T~ge Action FYR? Rule Nymber Bule Title 

Amendment Original Filing Yes 3301-11-10 Payment of scholarship amounts. 

Rescission Original Filing Yes 3301-24-03 Teacher education programs. 

New Rule Original Filing No 3301-24-03 Educator preparation programs. 

Amendment Original Filing Yes 3301-39-01 Definitions. 

Rescission Original Filing Yes 3301-39-02 Regulations. 

FINAL AGENDA 

Public Hearing: 11/13/2009 

Public Hearing: 2/14/2011 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 10• 3n/2011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011- 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

New Rule Original Filing No 3301-39-02 Regulations. 

Rescission Original Filing Yes 3301-39-03 Criteria. 

New Rule Original Filing No 3301-39-03 Procedures. 

Rescission Original Filing Yes 3301-39-04 Procedures. 

23 Department of Health• 

Total Rules: 1 Original Filing Date: 10/18/2010 Date of Refiled Filing: 12/14/2010 Jurisdiction Ends: 3/9/2011 

Rule Type Action Rule Title 

New Rule Refiled Filing 

FYR? 

No 

Rule Number 

3701-28-17 Procedures for the sealing of private water systems. 

24 Department of Health• 

Total Rules: 1 Original Filing Date: 12/15/2010 

Rule Type Action FYR? Rule Number 

Amendment Original Filing Yes 3701-20-23 

25 Deoartment of Health• 

Total Rules: 1 Original Filing Date: 12/16/2010 

Rule Type Action Rule Number 

Rule Title 

Residents' rights. 

Rule Title 

Amendment Original Filing Yes 3701-48-01 Definitions. 

Total Rules: 1 Original Filing Date: 12/16/2010 Date of Revised Filing: 1/24/2011 

Rule Type Action FYR? Rule Number Rule Title 

Jurisdiction Ends: 3/9/2011 

Jurisdiction Ends: 3/9/2011 

Jurisdiction Ends: 3/9/2011 

FINAL AGENDA 

Public Hearing: 11/18/2010 

Public Hearing: 1/20/2011 

Public Hearing: 1/20/2011 

Public Hearing: 1/20/2011 

Amendment Revised Filing Yes 3701-48-02 Procedures and parameters for 501 (c) organizations to request funding from the 

save our sight fund. 

26 Department of Health• 

Total Rules: 13 Original Filing Date: 12/15/2010 

Rule TyRe Action FYR? Bule Number 

Rescission Original Filing Yes 3701-31-01 

Rescission Original Filing Yes 3701-31-02 

Rescission Original Filing Yes 3701-31-02.1 

Rescission Original Filing Yes 3701-31-02.2 

Rescission Original Filing Yes 3701-31-02.3 

Rescission Original Filing Yes 3701-31-03 

Rule Title 

Definitions. 

Jurisdiction Ends: 3/9/2011 

License to operate or maintain; licensing inspections. 

Fees. 

License fee categories. 

Cost methodology. 

Plan approvaL 

Public Hearing: 1/20/2011 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614} 466-4086 • www.jcarr.state.oh.us ·Page 11• 317/2011 
27 

28 

FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011-1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

FINAL AGENDA 

Rescission Original Filing Yes 3701-31-03.1 

3701-31-04 

Compliance with approved plans; verification inspections. 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

Rescission Original Filing 

Yes 

Yes 

Yes 

Yes 

3701-31-04.1 

3701-31-05 

3701-31-06 

Design requirements applicable to all public swimming pools, public spas, and 

special use pools. 

Design requirements for construction, installation, renovation, or other substantial 

alteration of public swimming pools, public spas, and special use pools on or after 

January 1, 1999. 

Health and safety. 

Operation. 

Rescission Original Filing Yes 3701-31-07 Disinfection and quality of water. 

Rescission Original Filing Yes 3701-31-08 Limited variance. 

Total Rules: 3 Original Filing Date: 12/15/2010 Date of Revised Filing: 12/21/2010 Jurisdiction Ends: 3/9/2011 Public Hearing: 1/20/2011 

Bule Tl(ge Action FYR? Rule Number Bule Title 

New Rule Revised Filing No 3701-31-02 Responsibilities of the director of health. 

New Rule Revised Filing No 3701-31-03 Responsibilities of the licensor. 

New Rule Revised Filing No 3701-31-05 Submission of plans prior to licensure. 

Total Rules: 3 Original Filing Date: 12/15/2010 Date of Revised Filing: 2/4/2011 Jurisdiction Ends: 3/9/2011 Public Hearing: 1/20/2011 

Bule T~ge Action FYR? Rule Number Bule Title 

New Rule Revised Filing No 3701-31-01 Definitions. 

New Rule Revised Filing No 3701-31-04 Responsibilities of the licensee. 

New Rule Revised Filing No 3701-31-05.1 Design criteria for new construction or substantial alteration of a public swimming 

pool on or after April 1, 2011. 

Dellarlment of Health• 

Total Rules: 3 Original Filing Date: 12/16/2010 

Bule Tl(ge Action FYR? Rule Number 

Amendment Original Filing Yes 3701-49-01 

Amendment Original Filing Yes 3701-49-01.1 

Amendment Original Filing Yes 3701-49-02 

Dellarlment of Health• 

Total Rules: 1 Original Filing Date: 1/5/2011 

Bule Tl(ge Action FYR? Rule D!umber 

Jurisdiction Ends: 3/9/2011 

Bule Title 

Fees for laboratory services. 

Fees for laboratory services (variable fees). 

Procedures for administration of laboratory fee. 

Jurisdiction Ends: 3/11/2011 

Rule Title 

Public Hearing: 1/20/2011 

Public Hearing: 

Amendment Original Filing Yes 3701-1-02 Notice of regular and special meetings of the public health council. 

JCARR 77 South High Street • Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 12• 3fl/2011 
FINAL AGENDA 

29 Department of Health• Radiation Control 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011-1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

Total Rules: 1 Original Filing Date: 12/16/2010 Jurisdiction Ends: 3/9/2011 

Rule Type Action Rule Title 

FINAL AGENDA 

Public Hearing: 1/20/2011 

Amendment Original Filing 

FYR? 

Yes 

Rule Number 

3701:1-38-07 General provisions; purpose, scope, and communications. 

30 Department of Job and Family Services• Child Support 

Total Rules: 1 Original Filing Date: 1/20/2011 

Rule Type Action 

Amendment Original Filing 

FYR? 

Yes 

Rule Number 

5101:12-10-05 

31 Department of Job and Family Services• Child Support 

Total Rules: 1 Original Filing Date: 1/20/2011 

Rule Type Action 

Amendment Original Filing 

FYR? 

No 

Rule Number 

5101:12-80-10 

Rule Title 

Case records. 

Rule Title 

Jurisdiction Ends: 3/26/2011 

Jurisdiction Ends: 3/26/2011 

Allocation hierarchy for support collections. 

Public Hearing: 2/23/2011 

Public Hearing: 2/23/2011 

32 Department of Job and Family Services• Division of Medical Assistance 

Total Rules: 1 Original Filing Date: 1/12/2011 

Rule Type Action 

Amendment Original Filing 

FYR? 

Yes 

Rule Number 

5101:3-4-31 

Jurisdiction Ends: 3/18/2011 Public Hearing: 2/17/2011 

Rule Title 

Coverage of extra corporeal membrane oxygenator (ECMO) services. 

33 Department of Job and Family Services• Division of Medical Assistance 

Total Rules: 4 Original Filing Date: 1/3/2011 Jurisdiction Ends: 3/9/2011 Public Hearing: 2/7/2011 

Rule Type Action FYR? Rule Number Rule Title 

Amendment Original Filing Yes 5101:3-10-16.1 Wheelchair rentals. 

Amendment Original Filing Yes 5101:3-10-21 Incontinence garments and related supplies. 

Amendment Original Filing Yes 5101:3-10-25 Lactation pumps. 

Amendment Original Filing Yes 5101:3-10-27 Continuous passive motion (CPM) devices. 

34 Department of Job and Family Services• Division of Medical Assistance 

Total Rules: 7 Original Filing Date: 1/7/2011 

Rule Type Action 

Amendment Original Filing 

Amendment Original Filing 

No 

Yes 

Rule Number 

5101:3-1-19.3 

5101:3-4-09 

Jurisdiction Ends: 3/13/2011 Public Hearing: 2/11/2011 

Rule Title 

General claim submission [except for services provided to consumers who are 

members of a medicaid managed care program]. 

Office incentive program. 

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466~4086 • www.jcarr.state.oh.us • Page 13· 31712011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/7/2011-1:30 P.M. FINAL AGENDA 

Statehouse Hearing Room 121(William McKinley Room) 

Amendment Original Filing No 

Amendment Original Filing No 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Total Rules: 2 Original Filing Date: 1/7/2011 

Rule Type Action 

Amendment Revised Filing 

Amendment Revised Filing 

FYR? 

No 

Yes 

5101:3-4-12 

5101:3-4-22 

5101:3-5-06 

Immunizations. 

Surgical services. 

Dental program: covered endodontic services and limitations. 

5101:3-5-09 Dental program: covered oral surgery services and limitations. 

5101 :3-10-20 Covered orthotic and prosthetic services and associated limitations. 

Date of Revised Filing: 1/20/2011 Jurisdiction Ends: 3/13/2011 Public Hearing: 2/11/2011 

Rule Number 

5101:3-1-60 

5101:3-10-03 

Rule Title 

Medicaid reimbursement. 

"Medicaid Supply List". 

35 Department of Job and Familv Services• Division of Medical Assistance 

Total Rules: 1 Original Filing Date: 1/7/2011 

Rule Type Action FYR? 

Amendment Original Filing No 

Rule Number 

5101:3-2-21 

Jurisdiction Ends: 3/13/2011 

Rule Title 

Policies for outpatient hospital services. 

Public Hearing: 2/11/2011 

36 Department of Job and Family Services• Division of Social Services 

Total Rules: 7 Original Filing Date: 1/21/2011 

Bule Type Action FYR? 

Amendment Original Filing No 

Amendment Original Filing No 

Amendment Original Filing No 

Amendment Original Filing No 

Amendment Original Filing No 

Amendment Original Filing No 

Amendment Original Filing No 

Total Rules: 3 Original Filing Date: 1/21/2011 

Bule Type Acliilll 

Amendment Revised Filing 

New Rule Revised Filing 

Amendment Revised Filing 

No 

No 

No 

Rule Number 

5101:2-16-01 

5101:2-16-30 

5101:2-16-34 

5101:2-16-35 

5101:2-16-39 

Jurisdiction Ends: 3/27/2011 Public Hearing: 2/24/2011 

Rule Title 

Definitions for eligibility for publicly funded child care benefits. 

Eligibility requirements for receipt of publicly funded child care benefits. 

Income eligibility requirements for publicly funded child care benefits. 

Determination of eligibility for publicly funded child care by the county department 

of job and family services (CDJFS). 

Copayment for publicly funded child care benefits. 

5101 :2-16-42 Reimbursement waivers for children with special needs. 

5101:2-16-71 Child care improper payments. 

Date of Revised Filing: 2/22/2011 Jurisdiction Ends: 3/27/2011 Public Hearing: 2/24/2011 

Rule Number 

5101:2-16-07 

5101:2-16-35.1 

5101:2-16-55 

BuleTitle 

County department of job and family services responsibilities for the administration 

of publicly funded child care. 

Caretaker eligibility requirements for publicly funded child care. 

Use of the JFS 01140 "Temporary Voucher for Publicly Funded Child Care 

JCARR 77 South High Street· Concourse Level• Columbus, Ohio 43215 • (614) 466H4086 • www.jcarr.state.oh.us • Page 14• 3/1/2011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011 - 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

Services". 

FINAL AGENDA 

Total Rules: 1 Original Filing Date: 1/21/2011 Date of Revised Filing: 2/25/2011 Jurisdiction Ends: 3/27/2011 Public Hearing: 2/24/2011 

Rule Type Action 

Amendment Revised Filing 

FYR? 

No 

Rule Number 

5101:2-16-41 

Rule Title 

Reimbursement rates for providers of publicly funded child care. 

37 Department of Job and Family Services• Division of Social Services 

Total Rules: 1 Original Filing Date: 1/20/2011 

Rule Type Action FYR? 

Amendment Original Filing No 

38 Oepartment of Mental Health• 

Total Rules: 9 Original Filing Date: 1/4/2011 

Rule Type Action FYR? 

Rescission Original Filing Yes 

Rescission Original Filing Yes 

New Rule Original Filing No 

Rescission Original Filing Yes 

New Rule Original Filing No 

Rescission Original Filing Yes 

New Rule Original Filing No 

Rescission Original Filing Yes 

Amendment Original Filing Yes 

Total Rules: 1 Original Filing Date: 1/4/2011 

Rule Type Action 

Rescission Revised Filing Yes 

Total Rules: 1 Original Filing Date: 1/4/2011 

Rule Type Action FYR? 

Amendment Revised Filing Yes 

Jurisdiction Ends: 3/26/2011 Public Hearing: 2/23/2011 

Rule Number Rule Title 

5101:2-16-44 Provider agreement for reimbursement of publicly funded child care. 

Rule Number 

5122-26-05 

5122-26-06 

5122-26-06 

5122-26-07 

5122-26-09 

5122-26-12 

5122-26-12 

5122-26-14 

5122-26-15 

Jurisdiction Ends: 3/10/2011 

Rule Title 

Table of organization. 

Personnel management. 

Human resources management. 

Personnel qualifications. 

Agency service plan. 

Physical plant and safety. 

Environment of care and safety. 

Infection control. 

Medication handling. 

Date of Revised Filing: 1/13/2011 Jurisdiction Ends: 3/10/2011 

Rule Number 

5122-26-09 

Rule Title 

Agency service plan. 

Date of Revised Filing: 1/31/2011 

Rule Number 

5122-26-03 

Rule Title 

Governing body. 

Jurisdiction Ends: 3/10/2011 

Public Hearing: 2/7/2011 

Public Hearing: 2/7/2011 

Public Hearing: 2/7/2011 

39 Department of Natural Resources• 

Total Rules: 6 Original Filing Date: 12/30/2010 Date of Revised Filing: 1/5/2011 Jurisdiction Ends: 3/9/2011 Public Hearing: 2/8/2011 

Rule Type Action Rule Number Rule Title 

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466H4086 • www.jcarr.state.oh.us • Page 15· 317/2011 
40 

FINAL AGENDA 

Rescission Revised Filing Yes 

Amendment Revised Filing Yes 

Rescission Revised Filing Yes 

New Rule Revised Filing No 

Amendment Revised Filing Yes 

Amendment Revised Filing Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011- 1:30 p.M. 

Statehouse Hearing Room 121(William McKinley Room) 

1501-3-02 Prequalification. 

1501-3-03 Pre-design and announcement. 

1501-3-04 Statement of qualifications. 

1501-3-04 Statement of qualifications. 

1501-3-05 Selection process. 

1501-3-06 Exceptions. 

De(!artment of Naturill Resources• Dil(ision of Engineering 

Total Rules: 1 Original Filing Date: 12/30/2010 Date of Revised Filing: 1/5/2011 Jurisdiction Ends: 3/9/2011 

Rule Type Action FYR? Rule Number Rule Title 

Amendment Revised Filing Yes 1501:7-1-01 Public notice of hearing. 

FINAL AGENDA 

Public Hearing: 2/8/2011 

41 De(!artment of Public Safety• Bureau of Motor Vehicles 

42 

Total Rules: 1 Original Filing Date: 1/3/2011 

Rule Type Action FYR? Rule Number 

Amendment Original Filing No 4501:1-7-05 

De(!artment of Public Safety• BureilU of Motor Vehicles 

Total Rules: 22 Original Filing Date: 12/30/2010 

Bule Tyge Action FYR? Rule Number 

Rescission Original Filing Yes 4501:1-1-02 

New Rule Original Filing No 4501:1-1-02 

Amendment Original Filing Yes 4501:1-1-04 

Rescission Original Filing Yes 4501:1-1-05 

Amendment Original Filing Yes 4501:1-1-07 

Amendment Original Filing Yes 4501:1-1-08 

Amendment Original Filing Yes 4501:1-1-09 

Amendment Original Filing Yes 4501:1-1-10 

Rescission Original Filing Yes 4501:1-1-11 

New Rule Original Filing No 4501:1-1-11 

Rescission Original Filing Yes 4501:1-1-15 

New Rule Original Filing No 4501:1-1-15 

Jurisdiction Ends: 3/9/2011 Public Hearing: 2/3/2011 

Rule Title 

Registration of commercial trucks, commercial trailers, and commercial 

semitrailers. 

Jurisdiction Ends: 3/9/2011 Public Hearing: 2/2/2011 

Rule Title 

License restrictions; suspension of license. 

License restrictions; suspension of license. 

Unsatisfactory medical report; suspension of license. 

Refusal of form or medical report; suspension of license. 

Pre-temporary driver examination required. 

Pre-temporary driver examination procedure. 

Issuance of temporary instruction permit. 

Road test requirements for driver examination. 

Failure of driver examination. 

Failure of driver examination. 

Identification card applications to be retained by deputy registrars. 

Record retention policy for deputy registrars. 

JCARR 77 South High Street· Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 16• 3/112011 
FINAL AGENDA 

Amendment Original Filing Yes 

Rescission Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Original Filing Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011- 1:30 P.M. FINAL AGENDA 

Statehouse Hearing Room 121(William McKinley Room) 

4501:1-1-20 

4501:1-1-23 

4501:1-1-24 

4501:1-1-33 

4501:1-1-35 

4501:1-1-36 

4501:1-1-37 

4501:1-1-39 

Vision standards for driver license applicants. 

Serious traffic violation defined for purposes of commercial driver's license 

sanctions. 

Disqualification of commercial driver for certain convictions. 

Vision and examination standards for persons using bioptic/telescopic devices. 

Residency for driving and identification purposes. 

Donor registry for anatomical gifts. 

Nonrenewable drivers licenses and nonrenewable identification cards for 

temporary residents. 

Rescission Material approved for incorporation by reference. 

New Rule 

Amendment 

Total Rules: 1 

Original Filing No 4501:1-1-39 Material approved for incorporation by reference. 

Original Filing No 4501:1-1-40 Next of kin database. 

Original Filing Date: 12/30/2010 Date of Refiled Filing: 2/24/2011 Jurisdiction Ends: 3/26/2011 Public Hearing: 2/2/2011 

Rule Type Action Rule Number Rule Title 

Amendment Refiled Filing Yes 4501:1-1-21 

Acceptable identification to be submitted along with an application for a temporary 

permit, driver's license, commercial driver's license, motorcycle operator's license, 

or identification card. 

43 Department of Rehabilitation and Correction• Division of Parole and Community Services 

Total Rules: 8 Original Filing Date: 1/4/2011 Jurisdiction Ends: 3/10/2011 Public Hearing: 2/10/2011 

BuleType Action FYR? Rule Number Rule Title 

Rescission Original Filing Yes 5120:1-1-17 Responding to release violations. 

New Rule Original Filing No 5120:1-1-17 Responding to release violations. 

Amendment Original Filing No 5120:1-1-18 Release revocation hearing. 

Amendment Original Filing Yes 5120:1-1-36 Parole board records. 

Amendment Original Filing Yes 5120:1-1-41 Standards for imposing, modifying and reducing post-release control. 

Amendment Original Filing Yes 5120:1-1-42 Discharge from post release control. 

Rescission Original Filing Yes 5120:1-1-43 Violations of post-release control. 

Amendment Original Filing Yes 5120:1-3-01 Contracting and payment reimbursement for offenders placed in halfway houses. 

44 Department of Rehabilitation and Correction• Division of Parole and Community Services 

Total Rules: 2 Original Filing Date: 1/4/2011 Jurisdiction Ends: 3/10/2011 Public Hearing: 

Rule Type Action Rule Number Rule Title 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 17• 31712011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

31712011- 1:30 P.M. FINAL AGENDA 

Statehouse Hearing Room 121(William McKinley Room) 

Rescission Original Filing 

New Rule Original Filing 

Yes 

No 

45 Liauor Control• Liauor Control Commission 

5120:1-1-12 

5120:1-1-12 

Conditions of release. 

Conditions of release. 

Total Rules: 1 Original Filing Date: 11/5/2007 Date of Refiled Filing: 12/17/2010 Jurisdiction Ends: 3/9/2011 Public Hearing: 1/20/2011 

Rule Type Action 

Rescission Refiled Filing 

FYR? 

Yes 

46 Ohio Environmental Protection Agency• 

Total Rules: 10 Original Filing Date: 1/3/2011 

Rule Type Action 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

New Rule Original Filing 

New Rule Original Filing 

New Rule Original Filing 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

FYR? 

No 

No 

No 

No 

No 

No 

Yes 

Yes 

Yes 

Amendment Original Filing No 

Total Rules:. 1 Original Filing Date: 1/3/2011 

Rule Type Action 

Amendment Refiled Filing 

FYR? 

No 

47 Ohio Environmental Protection Agency• 

Rule Number 

4301:1-1-23 

Rule Number 

3745-21-09 

3745-21-21 

3745-21-24 

3745-21-26 

3745-21-27 

3745-21-29 

3745-72-02 

3745-72-05 

3745-72-06 

3745-110-01 

Rule Title 

Consent for Ohio residents to import alcoholic beverages for personal use. 

Jurisdiction Ends: 3/9/2011 Public Hearing: 2/11/2011 

Rule Title 

Control of emissions of volatile organic compounds from stationary sources and 

perchloroethylene from dry cleaning facilities. 

Storage of volatile organic liquids in fixed roof tanks and external floating roof 

tanks. 

Flat wood paneling coatings. 

Surface coating of miscellaneous metal and plastic parts. 

Boat manufacturing. 

Control of volatile organic compound emissions from automobile and light-duty 

truck assembly coating operations, heavier vehicle assembly coating operations, 

and cleaning operations associated with these coating operations. 

Definitions. 

Liability. 

Defenses. 

Definitions. 

Date of Refiled Filing: 2/25/2011 Jurisdiction Ends: 3/27/2011 Public Hearing: 2/11/2011 

Rule Number 

3745-110-03 

Rule Title 

RACT requirements and/or limitations for emissions of NOx from stationary 

sources. 

Total Rules: 1 Original Filing Date: 11/30/2010 Date of Refiled Filing: 2/9/2011 Jurisdiction Ends: 3/11/2011 Public Hearing: 1/7/2011 

Rule Type Action FYR? Rule Number Rule Title 

Amendment Refiled Filing Yes 37 45-18-01 Definitions and incorporation by reference. 

JCARR 77 South High Street• Concourse Level• Columbus, Ohio 43215 • (614) 466~4086 • www.jcarr.state,ohus • Page 18· 31712011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317!2011- 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

FINAL AGENDA 

48 Ohio Environmental Protection Agency• 

Total Rules: 1 Original Filing Date: 11/30/2010 Date of Refiled Filing: 2/9/2011 Jurisdiction Ends: 3/11/2011 

Rule Tyoe Action 

Amendment Refiled Filing 

FYR? 

Yes 

Rule Number 

3745-18-54 

Rule Title 

Lucas county emission limits. 

Public Hearing: 1/7/2011 

49 Ohio EnvironmentaiProtection Agency• 

50 

51 

Total Rules: 1 Original Filing Date: 11/30/2010 Date of Refiled Filing: 2/9/2011 Jurisdiction Ends: 3/11/2011 Public Hearing: 1/7/2011 

Rule TyQe Action FYR? 

Amendment Refiled Filing Yes 

Ohio Environmental Protection Agency• 

Total Rules: 8 Original Filing Date: 1/6/2011 

Rule TyQe Action FYR? 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Ohio Environmental Protection Agency• 

Total Rules: 2 Original Filing Date: 1/4/2011 

Rule TyQe Action 

New Rule Refiled Filing 

New Rule Refiled Filing 

No 

No 

Rule Number Rule Title 

3745-18-82 Stark county emission limits. 

Jurisdiction Ends: 3/12/2011 Public Hearing: 2/10/2011 

Rule Number Rule Title 

3745-1-10 Grand river drainage basin. 

3745-1-12 Sandusky river drainage basin. 

3745-1-19 Huron river drainage basin. 

3745-1-21 Great Miami river drainage basin. 

3745-1-23 Portage river drainage basin. 

3745-1-24 Muskingum river drainage basin. 

3745-1-25 Mahoning river drainage basin. 

3745-1-30 Mill creek drainage basin. 

Date of Refiled Filing: 2/18/2011 Jurisdiction Ends: 3/20/2011 Public Hearing: 2/11/2011 

Rule Number 

3745-31-34 

3745-77-11 

Rule Title 

Permits to install for major stationary sources and major modifications of sources 

emitting greenhouse gases. 

Title V penmits for major sources emitting greenhouse gases. 

52 Ohio Occupational Therapy. Physical Therapy. and Athletic Trainers Board• 

Total Rules: 8 Original Filing Date: 12/13/2010 

Rule TyQe Action 

Amendment Original Filing 

FYR? 

Yes 

Rule Number 

4755-1-01 

Jurisdiction Ends: 3/9/2011 Public Hearing: 1/20/2011 

Rule Title 

Notice of meetings. 

JCARR 77 South High Street· Concourse Level• Columbus, Ohio 43215 • (614) 466H4086 • www.jcarr.state.oh.us • Page 19• 3fll2011 
FINAL AGENDA 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

Yes 

No 

Yes 

Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/7/2011-1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4755-1-03 

4755-3-01 

4755-3-10 

4755-3-12 

On-site investigations/inspections. 

Applications for initial licensure. 

Biennial renewal of licensure. 

Application for reinstatement. 

Rescission 

Rescission 

Amendment 

Total Rules: 1 

Original Filing Yes 4755-5-02 Fee for limited permit. 

Original Filing Yes 4755-7-11 Limited permit holders. 

Original Filing No 4755-9-01 Continuing education. 

Original Filing Date: 12/13/2010 Date of Revised Filing: 12/23/2010 Jurisdiction Ends: 3/9/2011 

Rule Type Action 

Amendment Revised Filing 

FYR? 

Yes 

Rule Number 

4755-3-05 

Rule Title 

Escrow of license; restoration. 

53 Ohio Occupational Therapy. Physical TheraPY. and Athletic Trainers Board• 

Total Rules: 4 Original Filing Date: 12/13/2010 

Rule Type Action 

Rescission Original Filing 

Rescission Original Filing 

FYR? 

Yes 

Yes 

Rule Number 

4755-7-05 

4755-7-06 

Jurisdiction Ends: 3/9/2011 

Rule Title 

Disclosure of confidential information. 

Exploitation of persons served. 

Rescission 

Rescission 

Total Rules: 1 

Original Filing Yes 4755-7-07 Use of all available resources. 

Rule Type 

New Rule 

Original Filing Yes 4755-7-08 Code of ethics. 

Original Filing Date: 12/13/2010 Date of Revised Filing: 12/23/2010 Jurisdiction Ends: 3/9/2011 

Action FYR? Rule Number Rule Title 

Revised Filing No 4755-7-08 Code of ethical conduct. 

54 Ohio Occupational Therapy. Physical Therapy. and Athletic Trainers Board• 

Total Rules: 6 Original Filing Date: 12/13/2010 Jurisdiction Ends: 3/9/2011 

Rule Type Action FYR? Rule Number Rule Title 

New Rule Original Filing No 4755-41-03 Reporting requirements. 

Amendment Original Filing No 4755-43-01 Applications for licensure. 

Amendment Original Filing No 4755-43-06 Reinstatement of licensure. 

Amendment Original Filing No 4755-44-02 Certificate of license; display; copies. 

Amendment Original Filing Yes 4755-48-01 Investigations and inspections. 

Amendment Original Filing Yes 4755-48-02 Disciplinary procedures. 

55 Ohio Occupational Therapy. Physical Therapy. and Athletic Trainers Board• 

FINAL AGENDA 

Public Hearing: 1/20/2011 

Public Hearing: 1/20/2011 

Public Hearing: 1/20/2011 

Public Hearing: 1/19/2011 

JCARR 77 South High Street • Concourse Level• Columbus, Oh;o 43215 • (614) 4664086 • www.jcarr.state.oh.us • Page 20• 317/2011 
56 

57 

FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011-1:30 P.M. FINAL AGENDA 

Statehouse Hearing Room 121(William McKinley Room) 

Total Rules: 5 Original Filing Date: 12/7/2010 

Rule T~ge Action FYR? Rule Number 

Amendment Original Filing No 4755-23-01 

Amendment Original Filing No 4755-23-10 

Amendment Original Filing No 4755-23-12 

Amendment Original Filing Yes 4755-24-07 

Amendment Original Filing No 4755-28-01 

Jurisdiction Ends: 3/9/2011 

Rule Title 

Applications for initial license. 

Reinstatement of license. 

Requirements for foreign educated applicants. 

Fee for mailing lists. 

Surrender of license. 

Public Hearing: 1/13/2011 

Total Rules: 1 Original Filing Date: 12/7/2010 Date of Revised Filing: 1/18/2011 Jurisdiction Ends: 3/9/2011 Public Hearing: 1/13/2011 

Rule T~Qe Action FYR? Rule Number Rule Title 

Amendment Revised Filing No 4755-23-08 Continuing education. 

School Emi!IOJ1ees Retirement Sl£stem• 

Total Rules: 1 Original Filing Date: 1/5/2011 Jurisdiction Ends: 3/11/2011 Public Hearing: 

Rule T)lQe Action FYR? Rul(l Number Rule Title 

Amendment Original Filing Yes 3309-1-46 Retirement- option selection. 

§tate Board of Emergencl£ Megical Servis;es• 

Total Rules: 13 Original Filing Date: 1/14/2011 Jurisdiction Ends: 3/20/2011 Public Hearing: 2/16/2011 

Rule T)lQe Action FYR? Rule Number Rule Title 

Amendment Original Filing No 4765-1-01 Definitions. 

Amendment Original Filing Yes 4765-8-02 Application for certificate to practice. 

Amendment Original Filing Yes 4765-8-03 Notification to board of change of personal information. 

Amendment Original Filing Yes 4765-8-15 Certification by reciprocity. 

Amendment Original Filing Yes 4765-8-16 Application fees for certification. 

Amendment Original Filing Yes 4765-8-17 Voluntary surrender or change in level of certificate to practice. 

Rescission Original Filing Yes 4765-8-18 Reinstatement of certificate to practice. 

New Rule Original Filing No 4765-8-18 Reinstatement of a certificate to practice. 

Amendment Original Filing Yes 4765-9-01 Professional standards of conduct. 

Amendment Original Filing Yes 4765-9-02 Professional standards of conduct for holders of certificate to teach. 

Amendment Original Filing No 4765-10-02 Investigations. 

Amendment Original Filing No 4765-18-09 Qualifications for a physician to be certified as an EMS instructor. 

Amendment Original Filing No 4765-18-21 Upgrade process for certificate to teach as assistant EMS instructor to EMS 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466~4086 • www.jcarr.state.oh.us • Page 21• 31712011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011- 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

instructor. 

FINAL AGENDA 

58 State Dental Board• 

Total Rules: 2 Original Filing Date: 11/4/2010 

Rule Type Action FYR? 

New Rule Revised Filing No 

New Rule Revised Filing No 

Date of Revised Filing: 12/9/2010 Jurisdiction Ends: 3/9/2011 Public Hearing: 12/8/2010 

Rule Number 

4715-9-06 

4715-9-06.1 

Rule Title 

Dental hygienist participating in the oral health access supervision program 

(OHASP). 

Course requirement for the practice of dental hygiene under oral health access 

supervision program (OHASP). 

59 State Racing Commission• 

Total Rules: 1 Original Filing Date: 11/9/2010 

Rule Type Action 

Amendment Refiled Filing 

FYR? 

Yes 

Date of Refiled Filing: 12/15/2010 Jurisdiction Ends: 3/9/2011 

Rule Number Rule Title 

3769-15-04 Entry in name of all owners and proof of ownership. 

Public Hearing: 12/14/2010 

60 Transportation Review Advisory Council• 

Total Rules: 1 Original Filing Date: 12/10/2010 

Rule Type Action 

Amendment Original Filing 

FYR? 

Yes 

Rule Number 

5512-1-02 

Jurisdiction Ends: 3/9/2011 Public Hearing: 1/10/2011 

Rule Title 

Public notice of meetings. 

To Be Refiled 

61 Ohio Environmental Protection Agency• 

62 

Total Rules: 3 Original Filing Date: 1/3/2011 

Bule Type Action FYR? 

Amendment To Be Refiled No 

Amendment To Be Refiled No 

New Rule To Be Refiled No 

Ohio Optical Dispensers Board• 

Total Rules: 19 Original Filing Date: 1/14/2011 

Bule Type Action 

New Rule To Be Refiled 

FYR? 

No 

Date otTo Be Refiled: 3/3/2011 Jurisdiction Ends: Public Hearing: 2/11/2011 

Rule Number 

3745-21-01 

3745-21-23 

3745-21-28 

Rule Title 

Definitions. 

Control of volatile organic compound emissions from industrial solvent cleaning 

operations. 

Miscellaneous industrial adhesives and sealants. 

Date otTo Be Refiled: 2/28/2011 Jurisdiction Ends: Public Hearing: 2/17/2011 

Rule Number 

4726-3-01 

Rule Title 

Definitions. 

JCARR 77 South High Street· Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 22• 3!712011 
FINAL AGENDA 

Rescission To Be Refiled Yes 

Rescission To Be Refiled Yes 

New Rule To Be Refiled No 

New Rule To Be Refiled No 

New Rule To Be Refiled No 

New Rule To Be Refiled No 

New Rule To Be Refiled No 

New Rule To Be Refiled No 

New Rule To Be Refiled No 

Rescission To Be Refiled Yes 

Rescission To Be Refiled Yes 

Rescission To Be Refiled Yes 

Rescission To Be Refiled Yes 

New Rule To Be Refiled No 

New Rule To Be Refiled No 

New Rule To Be Refiled No 

Rescission To Be Refiled Yes 

Rescission To Be Refiled Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

317/2011-1:30 P.M. FINAL AGENDA 

Statehouse Hearing Room 121(William McKinley Room) 

4726-3-06 Definitions. 

4726-5-02 Registration as an apprentice. 

4726-7-01 Definitions. 

4726-7-02 Licensure renewal requirements. 

4726-7-03 Extension and waivers. 

4726-7-04 Apprentice registration renewal. 

4726-9-01 Definitions. 

4726-9-02 Application for approval of continuing education. 

4726-9-03 Education activities that meet and educational activities that do not meet the 

continuing education requirements. 

4726-11-01 Continuing education requirements. 

4726-11-02 Board approval of continuing education programs. 

4726-11-03 Licensees requesting an extension or waiver of the continuing education 

requirements. 

4726-11-04 Continuing education requirements excused. 

4726-13-01 General information. 

4726-13-02 Standards relating to competent practice as a licensed dispensing optician. 

4726-13-03 Standards relating to competent practice as an ocularist. 

4726-17-01 License displayed. 

4726-17-02 Proper identification. 

Withdrawn 

63 Department of Job and Family Services· Division of Social Services 

Total Rules: 1 Original Filing Date: 2/11/2011 Date of Withdrawn Filing: 2/24/2011 Jurisdiction Ends: 

Rule Type Action 

New Rule Withdrawn Filing 

64 State Board of Optometry• 

FYR? 

No 

Rule Number 

5101:2-44-14 

Rule Title 

State adoption assistance loan fund. 

Total Rules: 3 Original Filing Date: 9/11/2009 Date of Withdrawn Filing: 3/2/2011 Jurisdiction Ends: 

Rule Type Action 

Amendment Withdrawn Filing 

Rescission Withdrawn Filing 

FYR? 

No 

Yes 

Rule Number 

4725-5-06 

4725-5-10 

Rule Title 

Splitting of fees. 

Practicing under unlicensed control. 

Public Hearing: 3/16/2011 

Public Hearing: 10/14/2009 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 23• 3fl/2011 
New Rule 

FINAL AGENDA 

Withdrawn Filing No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/7/2011 -1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4725-5-10 Practicing under unlicensed control prohibited. 

FINAL AGENDA 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 24• 3fl/2011 
JOINT COMMITTEE ON AGENCY RULE REVIEW 

Agenda- 4/18/2011- 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

FINAL AGENDA 

(9/HO /Jf/1-- /Wtt5 

If( /Ill J;f !3 

FINAL AGENDA 

Consent 

1 Board of Embalmers and Funeral Directors• 

Total Rules: 1 Original Filing Date: 12/20/2010 Date of Refiled Filing: 4/4/2011 Jurisdiction Ends: 5/4/2011 

Rule Type Action 

New Rule Refiled Filing 

FYR? 

No 

2 Pepartment of Agriculture• Animal Industry 

Total Rules: 1 Original Filing Date: 2/15/2011 

Rule Tyoe Action 

Amendment Revised Filing 

FYR? 

No 

3 Pepartment of Agriculture• Animallndustr:y 

Total Rules: 7 Original Filing Date: 2/15/2011 

Rule Ty[le Action FYR? 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

New Rule Revised Filing No 

4 Department of Agriculture• Animallndustr:y 

Total Rules: 6 Original Filing Date: 2/15/2011 

Rule Twe Action 

Amendment Revised Filing 

Amendment Revised Filing 

FYR? 

No 

No 

Rule Number 

4717-8-01 

Rule Title 

Unprofessional conduct. 

Date of Revised Filing: 3/17/2011 Jurisdiction Ends: 4/21/2011 

Rule Number 

901:1-13-03 

Rule Title 

Quarantine. 

Date of Revised Filing: 3/10/2011 Jurisdiction Ends: 4/21/2011 

Rule Number Rule Title 

901:1-17-01 General requirements. 

901:1-17-02 Definitions. 

901:1-17-04 Cattle and bison imported for feeding and grazing. 

901:1-17-06 Goats. 

901:1-17-07 Horses, mules, asses, ponies, and other equidae. 

901:1-17-09 Swine. 

901:1-17-15 Llamas and Alpacas. 

Date of Revised Filing: 3/10/2011 Jurisdiction Ends: 4/21/2011 

Rule Number 

901:1-18-06 

901:1-18-07 

Rule Title 

Cattle. 

Goats. 

Public Hearing: 1/24/2011 

Public Hearing: 3/24/2011 

Public Hearing: 3/24/2011 

Public Hearing: 3/24/2011 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215• (614) 466-4086 • www.jcarr.state.oh.us • Page 1• 411812011 
FINAL AGENDA 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

Amendment Revised Filing No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/18/2011-1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

901:1-18-08 

901:1-18-09 

901:1-18-10 

901:1-18-11 

Horses, mules and ponies. 

Sheep. 

Swine. 

Llama. 

FINAL AGENDA 

5 Department of Agriculture• Weights and Measures 

Total Rules: 1 Original Filing Date: 2/23/2011 

Rule Type Action 

Amendment Original Filing 

FYR? 

No 

Rule Number 

901:6-1-01 

Jurisdiction Ends: 4/29/2011 Public Hearing: 3/29/2011 

Rule Title 

Revision of "Handbook 44". 

6 Department of Alcohol and Drug Addiction Services• Program Standards 

Total Rules: 1 Original Filing Date: 3/2/2011 

Rule Type Action 

Amendment Original Filing 

FYR? 

No 

Rule Number 

3793:2-1-08 

Rule Title 

Treatment services. 

Jurisdiction Ends: 5/6/2011 Public Hearing: 4/6/2011 

7 Department of Commerce• Division of State Fire Marshal 

8 

Total Rules: 6 Original Filing Date: 11/24/2010 Date of Refiled Filing: 4/5/2011 Jurisdiction Ends: 5/5/2011 Public Hearing: 12/29/2010 

Bule Type 8!;!jg.!J. FYR? 

Rescission Refiled Filing Yes 

New Rule Refiled Filing No 

Rescission Refiled Filing Yes 

New Rule Refiled Filing No 

Rescission Refiled Filing Yes 

New Rule Refiled Filing No 

Department of Health• 

Total Rules: 2 Original Filing Date: 3/1/2011 

Bule Type Action FYR? 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Total Rules: 1 Original Filing Date: 3/1/2011 

Bule Type Action 

Amendment Refiled Filing 

FYR? 

Yes 

Rule Number 

1301:7-9-06 

1301:7-9-06 

1301:7-9-07 

1301:7-9-07 

1301:7-9-08 

1301:7-9-18 

Bule Numb§r 

3701-64-01 

3701-64-04 

Rule Title 

Design, construction, installation, modification and major repair for UST systems. 

Design, construction, installation, operation and maintenance for UST systems. 

Release detection requirements and methods for UST systems. 

Release detection methods and requirements for UST systems. 

Operating requirements for UST systems. 

Delivery prohibition for USTs. 

Rule Title 

Definitions. 

Hearing procedure. 

Jurisdiction Ends: 5/5/2011 Public Hearing: 4/7/2011 

Date of Refiled Filing: 4/7/2011 Jurisdiction Ends: 5/7/2011 Public Hearing: 4/7/2011 

Rule Number 

3701-64-05 

Rule Title 

Findings of director. 

JCARR 77 South High Street~ Concourse Level• Columbus, Ohio 43215 • (614} 466-4086 • www.jcarr.state.oh.us • Page 2.· 4118/2011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/18/2011-1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

9 Department of Health• Radiation Control 

Total Rules: 1 Original Filing Date: 2/7/2011 Date of Refiled Filing: 3/21/2011 Jurisdiction Ends: 4/20/2011 

Rule Tyoe Action 

Amendment Refiled Filing 

FYR? 

No 

Rule Number 

3701:1-67-08 

10 Department of Job and Family Services• Division of Public Assistance 

Total Rules: 2 Original Filing Date: 3/2/2011 

Rule Type Action 

Rescission Original Filing 

New Rule Original Filing 

FYR? 

Yes 

No 

Rule Number 

5101:1-23-60 

5101:1-23-60 

11 Department of Job and Family Services• Division of Public Assistance 

Total Rules: 2 Original Filing Date: 3/2/2011 

Rule Type Action 

Rule Title 

Shielding and safety design requirements. 

Jurisdiction Ends: 5/6/2011 

Rule Title 

Ohio works first (OWF): underpayments. 

Ohio works first: Underpayments. 

Jurisdiction Ends: 5/6/2011 

Rule Title 

FINAL AGENDA 

Public Hearing: 3/17/2011 

Public Hearing: 4/11/2011 

Public Hearing: 4/11/2011 

Rescission Original Filing 

New Rule Original Filing 

FYR? 

Yes 

No 

Rule Number 

5101:1-2-30 

5101:1-2-30 

Citizenship and alien status: Ohio works first and disability financial assistance. 

Citizenship and alien status: Ohio works first and disability financial assistance. 

12 Department of Job and Family Services• Division of Social Services 

Total Rules: 1 Original Filing Date: 2/24/2011 Jurisdiction Ends: 4/30/2011 Public Hearing: 3/30/2011 

Rule Type Action FYR? Rule Number Rule Title 

Amendment Original Filing No 

Total Rules: 1 Original Filing Date: 2/24/2011 

Rule Type Action 

Amendment Revised Filing 

FYR? 

No 

13 Ohio Environmental Protection Agency• 

Total Rules: 3 Original Filing Date: 1/3/2011 

Rule Type Action FYR? 

Amendment Refiled Filing No 

Amendment Refiled Filing No 

New Rule Refiled Filing No 

5101:2-42-18 PCSA and PCPA approval of placements with relative and nonrelative substitute 

caregivers. 

Date of Revised Filing: 3/31/2011 Jurisdiction Ends: 4/30/2011 Public Hearing: 3/30/2011 

Rule Number 

5101:2-1-01 

Rule Title 

Children services definitions of terms. 

Date of Refiled Filing: 4/1/2011 Jurisdiction Ends: 5/1/2011 Public Hearing: 2/11/2011 

Rule Number Rule Title 

3745-21-01 Definitions. 

3745-21-23 Control of volatile organic compound emissions from industrial solvent cleaning 

operations. 

3745-21-28 Miscellaneous industrial adhesives and sealants. 

JCARR 77 South High Street• Concourse Level • Columbus, Ohio 43215 • (614) 466~4086 • www.jcarr.state.oh.us • Page 3• 4118/2011 
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/18/2011 -1:30 P.M. FINAL AGENDA 

Statehouse Hearing Room 121(William McKinley Room) 

14 State Board of Optometry• 

Total Rules: 3 Original Filing Date: 3/4/2011 Jurisdiction Ends: 5/8/2011 Public Hearing: 4/13/2011 

Rule Type Action FYR? Rule Number Rule Title 

Amendment Original Filing 

Amendment Original Filing 

Amendment Original Filing 

No 

No 

No 

15 Department of Rehabilitation and Correction• 

Total Rules: 1 Original Filing Date: 2/22/2011 

Rule Type 

New Rule 

Action 

To Be Refiled 

FYR? 

No 

4725-9-02 

4725-9-03 

4725-9-04 

Approved education programs. 

Board approval of continuing education. 

Exemption from compliance. 

To Be Refiled 

Date of To Be Refiled: 4/14/2011 Jurisdiction Ends: 

Rule Number 

5120-9-09 

Rule Title 

Limited privilege housing assignments. 

Withdrawn 

Public Hearing: 

16 Department of Job and Family Services• Division of Social Services 

Total Rules: 9 Original Filing Date: 1/21/2011 Date of Withdrawn Filing: 4/6/2011 Jurisdiction Ends: Public Hearing: 2/24/2011 

Rule Type Action FYR? Rule Number Rule Title 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Amendment 

Withdrawn Filing No 

Withdrawn Filing No 

Withdrawn Filing No 

Withdrawn Filing No 

Withdrawn Filing No 

Withdrawn Filing No 

Withdrawn Filing No 

Withdrawn Filing No 

Withdrawn Filing No 

5101 :2-16-01 Definitions for eligibility for publicly funded child care benefits. 

5101:2-16-07 

5101:2-16-30 

5101:2-16-34 

5101:2-16-35 

5101:2-16-39 

5101:2-16-42 

5101:2-16-55 

5101:2-16-71 

County department of job and family services responsibilities for the administration 

of publicly funded child care. 

Eligibility requirements for receipt of publicly funded child care benefits. 

Income eligibility requirements for publicly funded child care benefits. 

Determination of eligibility for publicly funded child care by the county department 

of job and family services (CDJFS). 

Copayment for publicly funded child care benefits. 

Reimbursement waivers for children with special needs. 

Use of the JFS 01140 "Temporary Voucher for Publicly Funded Child Care 

Services". 

Child care improper payments. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 4• 411812011 
Article IV 

Attachment D 

Final Adoption Notice to LSC 

Director and Secretary of 

State 
The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse Level 

Columbus,OH 43215 

James A. Leftwich, Director 

Department of Development 

77 South High St., 27th Floor 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 of the 

Ohio Revised Code. 

Package Number: 51617 

File Date and Time: 05/02/2011 03:46 PM 

Confirmation Number: cf701 feb5c82e2ca0057 a 15dea0b 

FINAL FILE 

Rule Number Type FYR? JE Date Eff Date 

3745-21-23 Amendment N 0510112011 0511212011 

3745-21-24 Amendment N 0310912011 05/1212011 

3745-110-01 Amendment N 03/0912011 05112/2011 

3745-110-03 Amendment N 03/2712011 05/12/2011 

Next FYR 

Page 1 

Tag line 

Control of volatile organic compound emissions from industrial 

solvent cleaning operations. 

Flat wood paneling coatings. 

Definitions. 

RACT requirements and/or limitations for emissions of NOx from 

stationary sources. 
The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

c Rule Jili nt 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse level 

Columbus,OH 43215 

James A. Leftwich, Director 

Department of Development 

77 South High St., 27th Floor 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 of the 

Ohio Revised Code. 

Package Number: 

File Date and Time: 

Confirmation Number: 

FINAL FILE 

Rule Number Type 

3745-21-26 New 

3745-21-27 New 

3745-21-28 New 

3745-21-29 New 

51617 

05/02/2011 03:43 PM 

1390a39893abf57 e93f52da 1 08e216a 

FYR? JE Date Eff Date 

N 03/09/2011 05/12/2011 

N 03/09/2011 05/12/2011 

N 05/01/2011 05/12/2011 

N 03/09/2011 05/12/2011 

NextFYR 

08/25/2013 

08/25/2013 

08/25/2013 

08/25/2013 

Page 1 

Tagline 

Surface coating of miscellaneous metal and plastic parts. 

Boat manufacturing. 

Miscellaneous industrial adhesives and sealants. 

Control of volatile organic compound emissions from automobile and 

light-duty truck assembly coating operations, heavier vehicle 

assembly coating operations, and cleaning operations associated 

with these coating operations. 
The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse Level 

Columbus,OH 43215 

James A. Leftwich, Director 

Department of Development 

77 South High St., 27th Floor 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 of the 

Ohio Revised Code. 

Package Number: 

File Date and Time: 

Confirmation Number: 

FINAL FILE 

Type 

51617 

05/02/2011 03:41 PM 

dbcab64a9718337d17714f0721c58e9 

Rule Number FYR? JE Date 

3745-72-02 

3745-72-05 

Amendment Y 

Amendment Y 

03/09/2011 

03/09/2011 

Eff Date 

05/12/2011 

05/12/2011 

Next FYR Tagline 

08/04/2015 

08/04/2015 

Definitions. 

Liability. 

Page 1 
The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse level 

Columbus,OH 43215 

James A. Leftwich, Director 

Department of Development 

77 South High St., 27th Floor 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 of the 

Ohio Revised Code. 

Package Number: 51617 

File Date and Time: 05/02/2011 03:49 PM 

Confirmation Number: d0f88f50551 a 7 d 1 04b9f168aa04acf2 

FINAL FILE 

Rule Number Type FYR? JE Date Eff Date Next FYR Tagline 

3745-21-01 Amendment N 05/01/2011 05/12/2011 Definitions. 

3745-21-09 Amendment N 03/09/2011 05/12/2011 Control of emissions of volatile organic compounds from stationary 

sources and perchloroethylene from dry cleaning facilities. 

3745-21-21 Amendment N 03/09/2011 05/12/2011 Storage of volatile organic liquids in fixed roof tanks and external 

floating roof tanks. 

3745-72-06 Amendment y 03/09/2011 05/12/2011 08/04/2015 Defenses. 

Page 1 
Article V 

Hearing Transcript 
0 

0 

1 

2 

3 

IN RE: 

2481a-epavoc NOxRACT Transcript. txt 

BEFORE THE OHIO EPA 

OAC Rules 3745-21, 3745-72, and 3745-110 

Public Hearing before Moderator Mary 

Mccarron, taken at the ohio Environmental 

Protection Agency, 50 west Town street, 6th Floor 

conference Room A, columbus, ohio, on Friday, 

February 11, 2011, at 10:30 a.m. 

APPEARANCES: 

Mary Mccarron, Moderator 

Alan Harness 

Mandy Payton Paul Braun 

P-R-0-C-E-E-D-I-N-G-S 

MODERATOR McCARRON: My name is Mary 

4 Mccarron. I am the public involvement manager 

Page 1 

2 
2481a-epavoc NOXRACT Transcript.txt 5 for ohio Environmental Protection Agency's Public 

6 Interest center. I will be presiding over 

7 today's public hearing. The purpose of the 

8 hearing today is to obtain comments from any 

9 interested person regarding ohio EPA's proposed 

10 rules. 

11 ohio EPA Division of Air Pollution 

12 control is proposing new and amended rules in 

13 chapters 3745-21, 3745-72, and 3745-110 of the 

14 ohio Administrative code. These rules are 

15 related to the control of volatile organic 

16 compound emissions from stationary sources, low 

17 Reid vapor pressure fuel requirements, and 

18 nitrogen oxides reasonably available control 

19 technology. 

20 These rules have been filed with the 

21 Joint committee on Agency Rule Review. 

22 All interested persons are entitled to 

23 attend or be represented and to present oral 

24 and/or written comments concerning the proposed 

0 

3 

1 rules. All written and oral comments received as 

2 part of the official record will be considered by 

3 the director of ohio EPA. To be included in the 

4 official record, written comments must be 

5 received by ohio EPA by the close of business 

6 today, Friday, February 11, 2011. 

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2481a-epavoc NOxRACT Transcript.txt 

7 At this time there's no one present. 

8 we'll go off the record until 11. 

9 (Break taken.) 

10 MODERATOR MCCARRON: We're going to go 

11 back on the record now. It is 11 a.m. 

12 I'm going to read your names. Just --

13 if you don't want to say anything, say "pass." 

14 The first person who signed in is Gabrielle 

15 Delarose. 

16 would you like to provide testimony? 

17 MS. DELAROSE: No. 

18 

19 

20 

MODERATOR McCARRON: And Colin Reeder. 

MR. REEDER: NO. 

MODERATOR McCARRON: All right. At this 

21 time no one wants to present today, so we will 

22 end the hearing; and the time is 11 a.m. 

23 Thank you. 

24 (Thereupon, at 11:00 a.m. on Friday, 

1 February 11, 2011, the public hearing was 

2 adjourned.) 

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2481a-epavoc NOxRACT Transcript. txt 

C E R T I F I C A T E 

STATE OF OHIO 

COUNTY OF FRANKLIN 

ss: 

5 I, Jennifer L. Parish, Registered 

6 Professional Reporter and Notary Public in the 

7 state of ohio, do hereby certify that the 

8 foregoing is a true, correct, and complete 

Page 4 

5 
2481a-epavoc NOxRACT Transcript.txt 9 transcript of the proceedings in the matter 

10 before the ohio EPA as reported by me in 

11 stenotype and transcribed from my stenographic 

12 notes. 

13 

14 

15 

16 

17 

18 

DATED this 18th day of February, 2011. 

JENNIFER L. PARISH, RPR 

NOTARY PUBLIC-STATE OF OHIO 

19 My commission Expires: November 23, 2014. 

20 

21 

22 

23 

24 

Page 5 
Article VI 

Response to Comments 
Division of Air Pollution Control 

Response to Comments 

Draft Rule Language Comment Period 

Rule: OAC Chapter 3745-21 

Agency Contact for this Package 

Division Contact: Alan Harness, DAPC, 644-4838, alan.harness@epa.state.oh.us 

Ohio EPA provided a 30-day comment period which initially ended on January 8, 

2010. This document summarizes the comments and questions received at the public 

hearing and/or during the associated comment period. 

Ohio EPA reviewed and considered all comments received during the public 

comment period. By law, Ohio EPA has authority to consider specific issues related 

to protection of the environment and public health. 

In an effort to help you review this document, the questions are grouped by topic and 

organized in a consistent format. The name of the commenter follows the comment 

in parentheses. 

Specific Comments 

Rule 3745-21-09 "Control of Emissions of Volatile Organic Compounds 

from Stationary Sources." 

Comment 1: 

In section (C)(2) the applicability of this section is very different from the 

applicability in new rule OAC 3745-21-29 (A)(1). Honda believes that OAC 

3745-21-09(C)(2) should be modified to make it clear that the (C)(1) limits can 

apply and should apply to other automobile parts coated with the body. We 

recommend the following change to (C)(2): 

"The emission limitations specified in paragraph (C)(1) of this rule shall apply to 

the application of surface coatings, except sound-proofing materials, to the 

frame, main body, interior panels and exterior sheet metal such as the hood, 

trunk lid, fenders, cargo boxes, doors and grill openings of an automobile or 

light-duty truck and to other parts that are coated along with these bodies or 

body parts. The emission limitation specified .... " 

(Jeffrey Waid, Honda) 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 

Response 1: 

Page 2of22 

Ohio EPA agrees with the suggested amendment Therefore, paragraph (C)(2) 

of this rule will be amended by adding the following text to the end of the first 

sentence in this paragraph; " ... and to other parts that are coated along with 

these bodies or body parts." 

Comment2: 

In section (C)(4) you have crossed out reference to the old "Protocol for 

Determining the Daily Volatile Organic Compound Emission Rate of Automobile 

and Light-Duty Truck Topcoat Operations" (EPA 4§{},13 88 018). Did Ohio EPA 

intend on referencing the new document as they did in OAC 3745-21-29(F)(4)? 

Or would it be more useful to make a statement suggesting the use of the most 

current approved document ? 

(Jeffrey Waid, Honda) 

Response 2: 

Ohio EPA has deleted reference to "EPA 450/3-88-018" in this paragraph 

because all such references to documents are found in the last paragraph of 

OAC rule 3745-21-01(i.e., paragraph JJ) titled "Reference to Materials." 

Rule 3745-21-23 "Industrial Cleaning Solvents." 

Comment3: 

Under 3745-21-23(A)(1)(b), the proposed rule states: "The facility employs 

solvent materials in solvent cleaning operations during the production, repair, 

maintenance, or servicing of parts, products, tools, machinery, equipment, or 

general work areas, and stores and/or disposes of these solvent materials." 

This section should add more clarity on waste solvent that is recycled on-site or 

solvent that is sent off site for recycling or reclaim and returned to the facility from 

where it was generated. If a facility reclaims these materials they appear to be 

exempt from this rule. 

(Mathew P. Narducci, MFG Composite Systems Company) 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 

Response 3: 

Page 3 of22 

This rule regulates the "use" of industrial cleaning solvents. A facility may recycle 

an industrial solvent, but once it is used in a manner as specified in paragraph 

(A)( 1 )(b) of this rule, it is subject to the provisions of this rule. No changes will be 

made to this part of the rule. 

Comment4: 

Under 3745-21-23(0), exemptions, include exemption from the requirements of 

this rule if cleanup solvent used is listed in 3745-21-01(8)(16), definition of nonVOC compounds. 

(Mathew P. Narducci, MFG Composite Systems Company) 

Response4: 

An additional exemption is not necessary. Following the regulatory definition of 

VOC, which includes specific VOC compounds that are excluded, is sufficient for 

the purpose of this rule. 

CommentS: 

Under 3745-21-23(D)(1)(c), the proposed rule states: "The following solvent 

cleaning operations are exempt from all the requirements of this rule: (c) 

Stripping of cured coatings, cured ink, or cured adhesives." 

We recommend that this exemption also identify cured or dried polyester resins, 

using similar language from 40 CFR Part 63, Subpart WWWW Composites 

MACT, for cleanup operations. The exemption language in WWWW reads as 

follows: "No use of cleaning solvents that contain HAP, except that Styrene may 

be used as a cleaner in closed systems, and organic HAP containing cleaners 

may be used to clean cured resin from application equipment. Application 

equipment includes any equipment that directly contacts resin" (Table 4 to 

Subpart WWWW of Part 63- Work Practice Standards). 

(Mathew P. Narducci, MFG Composite Systems Company) 

Response 5: 

Ohio EPA acknowledges your suggestion. However, exemptions are already 

provided in this rule for those facilities employing polyester resins subject to the 

MACT standards in Subpart WW and WWWW, or OAC rule 3745-21-27 

(fiberglass boat manufacturing), specifically, the exemptions specified listed in 

paragraphs (D)(2)(o) and (D)(2)(p) of this rule. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 

Comment 6: 

Page4of22 

Under 3745-21-23(F)(1) Compliance Test Methods, the proposed rule states: 

"For any solvent cleaning operation that is subject to the requirements of 

paragraph (C)(1) of this rule, USEPA Method 24 shall be used to determine the 

VOC content of the solvent material employed in the solvent cleaning operation." 

Add language that allows for use of supplier technical data sheets and/or 

Material Safety Data Sheets to determine VOC content of the solvent material, 

provided the manufacturer or supplier used Method 24 or equivalent to determine 

VOC content of the material. 

(Mathew P. Narducci, MFG Composite Systems Company) 

Response 6: 

Ohio EPA agrees with your suggested change and will add clarifying language to 

allow for the use of formulation data from the supplier. 

Rule 3745-21-24 "Flat Wood Paneling Coatings." 

Comment 7: 

3745-21-09 (B)(3)(a) should reference 3745-21-24 to close the loop in 

order to make (8)(3) applicable. 

(Steve Rosenthal, U.S. EPA) 

Response 7: 

The Ohio EPA agrees. Paragraph (B)(3)(a) of rule 3745-21-09 of the 

Administrative Code will be revised accordingly. 

Rule 3745-21-26 "Control Techniques Guidelines for Miscellaneous Metal 

and Plastic Parts Coatings." 

This rule is no longer a part of this package. Ohio EPA is taking additional time 

to review comments and perform a needed analysis to develop this rule. This 

rule will proceed under a separate comment period and public notice in the near 

future. A separate Response to Comments document will address comments 

received relevant to this rule. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 5of22 

Rule 3745·21-27 "Control Techniques Guidelines Fiberglass Boat 

Manufacturing." 

Comment 17: 

General comments - include and refer to Equation Nos. 

(Steve Rosenthal, U.S. EPA) 

Response 17: 

Formatting guidelines and procedures for Ohio rules as specified by the 

Legislative Service Commission (LSC) establish that Ohio EPA cannot number 

equations in our rules. The rules do reference appropriate equations by 

paragraph as needed. No amendments will be made to this part of the rule. 

Comment 18: 

(D)(3)(a)- change "molding operations" to "open molding resin and gel coat 

operations" (Steve Rosenthal, U.S. EPA) 

Response 18: 

The Ohio EPA agrees. The text in this paragraph will be amended accordingly. 

Comment 19: 

Monomer VOC limit- change to "total allowable monomer VOC that can be 

emitted from the molding operations included in the average, pounds per 12-

month period." (Steve Rosenthal, U.S. EPA) 

Response 19: 

The Ohio EPA agrees. The text in this paragraph will be amended accordingly. 

Comment20: 

Paragraph (F): (8)(1)(a) and (8)(1)(c) should be (8)(1) and (8)(3). 

(Steve Rosenthal, U.S. EPA) 

Response 20: 

The Ohio EPA agrees. The paragraph references will be amended accordingly. 

Comment 21: 

(H)(2)(a)(ii)- add April, 1996 to SCAQMD Method 312-91. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 

(Steve Rosenthal, U.S. EPA) 

Response 21 : 

Page 6of22 

The Ohio EPA agrees. The SCAQMD Method 312-91 referenced in this 

paragraph will be updated accordingly in the "Referenced Materials" section of 

OAC rule 3745-21-01. 

Comment22: 

(H)(2)(a)(iv)- revise the last paragraph to "If the weighted-average VOC content 

for all materials of a certain type and a specific application method does not 

exceed ... "(Steve Rosenthal, U.S. EPA) 

Response 22: 

The Ohio EPA agrees. Specifically, the amendment concerns (H)(2)(a)(v). The 

suggested amendment will be made. 

Comment23: 

(1)(1 )(a)- change to "The total amounts, in pounds, of atomized molding 

production resin, nonatomized production resin, pigmented gel coat, clear gel 

coat, atomized tooling resin, nonatomized tooling resin and tooling gel coat used 

per month and the weighted-average VOC contents for each operation, 

expressed as weight percent." 

(Steve Rosenthal, U.S. EPA) 

Response 23: 

The Ohio EPA agrees. The text in this paragraph will be amended accordingly. 

Comment24: 

(M)(2)- (8)(1)(a), (8)(1)(b) and (8)((1)(c) should be (8)(1), (8)(2) and (8)(3). 

(Steve Rosenthal, U.S. EPA) 

Response 24: 

The Ohio EPA agrees. The paragraph references will be amended accordingly. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 7 of22 

Rule 3745-21-28 "Control Techniques Guidelines for Miscellaneous 

Industrial Adhesives." 

Comment25: 

In OAC 3745-21-28 (C)(1) Table 1 has a listed limit for "Automotive Glass 

Adhesive Primer" of 5.9 lb VOC/gal while the US EPA CTG for "Motor Vehicle 

Glass Bonding Primer" has a listed limit of 7.51b VOC/gal. Due to the extreme 

importance of this application in creating a quality window seal we request that 

the US EPA CTG limit be used in place of the proposed OAC limit. (Jeffrey Waid, 

Honda) 

Response 25: 

The above-mentioned limit of 5.9 lb VOC/gal for "Automotive Glass Adhesive 

Primer" was taken from the Ozone Transport Commission (OTC) model rule 

which Ohio used as background for preparing our initial draft rule. A review of the 

limits in Table 1 of Ohio's rule indicates that automotive glass is the only category 

that does not match its CTG counterpart. Therefore, Ohio EPA will modify the 

category limit to 7.5 lb VOC/gal to match the CTG limit and create uniformity 

between Ohio's Table and federal requirements. · 

Comment 26: 

(A)(2)( d) - It is not appropriate to exempt adhesives, etc., subject to 37 45-112 

because 3745-112 does not cover manufacturing operations and the limits in 

3745-21-28 have been determined to constitute RACT for this source category. 

(Steve Rosenthal, U.S. EPA) 

Response 26: 

Ohio EPA agrees with the commenter. This exemption will be modified to be 

consistent with the exemption as it was written on page 16 of the US EPA CTG. 

Comment27: 

(C)(1)(c)- The last sentence should be revised to "similar transfer efficiencies to 

HVLP" (Steve Rosenthal, U.S. EPA) 

Response 27: 

Ohio EPA agrees with the commenter. The suggested amendment will be made. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 

Comment28: 

(C)(3}- please make consistent with the work practices in CTG. 

(Steve Rosenthal, U.S. EPA) 

Response 28: 

Page 8of22 

Ohio EPA agrees with the commenter. The suggested amendment will be made. 

Comment29: 

(0)(2} - please revise the first sentence to "Any owner or operator of a 

miscellaneous industrial adhesive and sealant application process who complies 

with paragraph (C}{2) in lieu of {C)(1) of this rule ... " 

(Steve Rosenthal, U.S. EPA) 

Response 29: 

Ohio EPA agrees with the commenter. The suggested amendment will be made. 

Comment30: 

(E)(1)- I believe that this should be "Except as provided in paragraphs (E)(3) to 

(E)( 4) of this rule ... " 

(Steve Rosenthal, U.S. EPA) 

Response 30: 

Ohio EPA agrees with the commenter. The suggested amendment will be made. 

Comment 31: 

(H)(1 )(a)(ii) and (b)(ii)- lbs VOC per gallon is needed, in addition to percent by 

weight, if gallons are reported in (H)(1)(a)(i) and (b)(i}. 

(Steve Rosenthal, U.S. EPA) 

Response 31: 

Ohio EPA agrees with the commenter. The suggested amendment will be made. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 9 of22 

Rule 3745-21·29 "Control Techniques Guidelines for Automobiles and 

Light-Dutv truck Assembly Coatings." 

Comment 32: 

In OAC 3745-21-29 (F)(4) it states that the Protocol is to be used for compliance; 

however, in OAC 3745-21-29 (F)(7) it requires compliance testing and monitoring 

in accordance with the requirements referenced in 21-15 and 21-10. While the 

Protocol and the Auto MACT clearly allow the company to test capture efficiency 

by a panel test OR Method 204, the language in OAC 3745-21-29 (F)(7) seems 

to prohibit the use of a panel test for compliance. Is it Ohio EPA's intent to only 

allow the use of Method 204 for capture efficiency testing or would the use of a 

panel test still be permissible? Could the language in this section be more clear 

about what testing is allowed under this section? (Jeffrey Waid, Honda) 

Response 32: 

The panel test found in the protocol document can be used to determine the 

capture efficiency. Therefore, the proposed wording has been added to allow for 

the testing provided in the protocol document. 

Comment 33: 

OAC 3745-21-29 (F)(7) references monitoring requirements and the 

establishment of operating parameters by following the requirements of OAC 

3745-21-15 (H) and (J)(2). While we recognize that these requirements are 

similar to the requirements of the Auto MACT, they are not the same and are in 

some cases more stringent than the requirements of 40 CFR 63.3165, 

63.3167 and 63.3168. Most notably, in OAC 3745-21·15 (J)(2)(e) it sets 

forth requirements for enclosures that are not found in the Auto MACT. In 

addition, 40 CFR 63.3165 of the Auto MACT clearly states what constitutes 

a "natural draft opening". Such clarifying language is not found in the 

definition of "natural draft opening" for OAC 3745-21-15. Finally, it would make 

compliance with these requirements much easier to accomplish for the regulated 

community if they matched requirements that were already in place, rather than 

asking the Auto industry to comply with a set of requirements originally 

established for the Wood Furniture Manufacturing Industry. We request that OAC 

3745-21-29 (F)(7) reference the monitoring and establishment of operating 

parameters in the Auto MACT rather than the requirements of OAC 3745-21-15. 

(Jeffrey Waid, Honda) 

Response 33: 

The Ohio EPA agrees with the commenter that the Auto MACT would be more 

appropriate for monitoring requirements and the related establishment of 

operating parameters. Therefore, the reference to OAC rule 3745-21-09(J)(2) 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 10 of22 

has been deleted and replaced with a reference to the Auto MACT, namely 

subpart I ill of 40 CFR part 63. 

Comment 34: 

Ford Motor Company (Ford) appreciates the opportunity to provide comments on 

the draft regulatory language prepared by Ohio EPA for new and amended rules 

in Chapter 37 45-21 of the Ohio Administrative Code (OAC) as referenced in the 

December 9, 2009 e-mail from Robert Hodanbosi. Ford supports the adoption of 

the recommended limits and work practices incorporated into the Control · 

Techniques Guidelines (September 2008) as identified in the Federal Register. 

The proposed new rules under OAC 3745-21-29 (Control of volatile organic 

compound emissions from automobile and light-duty truck assembly coating 

operations, heavier vehicle assembly coating operations, and associated facility 

coating operations) are consistent with the recommended limits generally with 

perhaps a few exceptions and should replace the previous limits based on the 

1977 CTG promulgated at OAC 3745-21-09(C). The comments offered below 

are intended to help clarify the proposed rules. Following the comment, the 

proposed rule language is excerpted and marked up with suggested changes to 

be more consistent with the "Control Techniques Guidelines for Automobile and 

Light-Duty Truck Assembly Coatings", PA-453/R-08-006, September 2008[2], 

hereinafter called the 2008 Auto CTG, and the Auto Protocol and more flexible 

with the Title V permitting program. 

The definitions pertaining to OAC 3745-21-29 are incorporated into OAC 

37 45-21-01 (D) together with the definitions pertaining to several other rules 

including OAC 3745-21-26 covering miscellaneous metal and plastics parts 

coating operations. Given the similar terms used in the different rules, one will 

have to be very careful not to use the wrong term or definition, otherwise conflicts 

could arise. For example, "Final Repair" is different from "Repair Coating." It 

may be better to amend OAC 3745-21-01(0) to separate the definitions for the 

different rules in which they are used. (Duane Johnson, Ford Motor Company) 

Response 34: 

The term "final repair" is used under both OAC rule 3745-21-09(C) and OAC rule 

37 45-21-29. In order to avoid ambiguity with other terms that pertain to a repair 

coating, references to the appropriate rule will be inserted into any defined term 

that pertains to a repair coating. 

Comment 35: 

OAC 3745-21-29 is more stringent than its predecessor (OAC-3745-21-09(C)) 

and it should include a provision to avoid improperly applying both rules to the 

same source. In addition, some of the new material VOC limits replace those 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 11 of22 

limits that were only contained in OAC 3745-21-09(U) such as windshield primer 

materials. Therefore, paragraph (A} should be revised to clarify that OAC 

3745-21-09(C) does not apply to facilities subject to OAC 3745-21-29. 

(A) Applicability. 

(1) Except as otherwise provided in paragraph (A)(3) of this rule, the 

requirements of paragraphs (B) to (I} this rule shall apply to the following 

operations at an automobile and light-duty truck assembly facility, a facility that 

performs these operations on a contractual basis, or a heavier vehicle assembly 

facility that meets the criteria under paragraph (A)(2} of this rule in lieu of OAC 

3745-21-09(C) or OAC 3745-21-09(U): 

(a} All primary coatings applied to: 

(i) New automobile or new light-duty truck bodies; 

(ii) Body parts for new automobiles or new light-duty trucks; and 

(iii) Other parts that are coated along with these bodies or body parts. 

(b) Additional coatings applied during the vehicle assembly process. Additional 

coatings include glass bonding primer, adhesives, cavity wax, sealer, deadener, 

gasket/gasket sealing material, underbody coating, trunk interior coating, 

bed liner, weatherstrip adhesive and lubricating waxes/compounds; and 

(c) The coating of bodies and/or body parts for new heavier vehicles at an 

automobile and light-duty truck assembly facility or a heavier vehicle assembly 

facility that meet the applicability requirements of rule 37 45-21-26 of the 

Administrative Code; however, the owner or operator elects to comply with the 

requirements of this rule in lieu of the requirements of rule 37 45-21-26 of the 

Administrative Code. (Duane Johnson, Ford Motor Company) 

Response 35: 

The commenter makes a good point about transferring the applicability of VOC 

limits to a coating operation from one rule to another. Please note that the 

introduction to paragraph (C) of OAC rule 3745-21-09 contains the following new 

wording: 

"For any source located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, 

Portage or Summit County subject to paragraph (C) of this rule, the requirement 

to comply with paragraph (C) of this rule shall terminate at such time the source 

becomes subject to and complies with rule 37 45-21-29 of the Administrative 

Code." 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 12 of22 

Also, the introduction to paragraph (U) of OAC rule 3745-21-09 contains the 

following new wording: 

"For any source located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, 

Portage or Summit County subject to paragraph (U) of this rule, the requirement 

to comply with paragraph (U) of this rule shall terminate at such time the source 

becomes subject to and complies with rule 3745-21-26 of the Administrative 

Code." 

The above two newly worded paragraphs should be adequate for identifying the 

proper application of paragraphs (C) and (U) to operations that are subject to 

OAC rule 3745-21-26 or OAC rule 3745-21-29. 

Comments 36: 

Paragraph (E) should be clarified consistent with the "comment" listed 

immediately under it to specifically state that it is an alternative to the separate 

limits imposed under Paragraphs (C) and (D). 

(C)(1)(e) ~As an alternative to the separate limits listed in paragraphs 

(C) and (0) of this rule, for combined primer-surfacer and topcoat coating 

operations, 12.0 pounds of VOC per gallon of deposited solids. 

[Comment: This is an alternative emission limitation in place of the emission 

limitations separately applicable to primer-surfacer coating operations and 

topcoat coating operations at the facility.] 

(Duane Johnson, Ford Motor Company) 

Response 36: 

The Ohio EPA agrees that paragraph (C)(1)(e) can be better clarified as an 

alternative to the separate limits under paragraphs (C)(1)(c) and (C)(1)(d). 

However, Ohio EPA feels the comment stands on its own and doesn't 

necessitate duplicate wording similar to that suggested by the commenter. 

Clarifying language will be added. 

Comment 37: 

Paragraph (F)(1) should be clarified to indicate that coating manufacturer's 

formulation data may be used to establish the coating VOC content consistent 

with the 2008 Auto CTG. 

(F) Compliance procedures and test methods. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 13 of22 

( 1) The VOC content of a coating, other than a reactive adhesive, shall be 

determined by the owner or operator in accordance with paragraph (B) of rule 

37 45-21-10 of the Administrative Code, wherein coating manufacturer's 

formulation data or US EPA Method 24 procedures (which include various ASTM 

measurement methods) may be employed. 

(Duane Johnson, Ford Motor Company) 

Response 37: 

Paragraph (8)(4) of OAC rule 3745-21-10 refers to "coating formulation data from 

the coating manufacturer and coating user." As such, the coating 

manufacturer's formulation data may be used. The recommended clarification is 

not needed. 

Comment 38: 

Paragraph (F)(2) should be clarified to indicate that this paragraph pertains to 

reactive adhesives (and not necessarily reactive "diluents") because diluents 

may not be added to the reactive adhesives; rather it may simply be the materials 

themselves that are reactive. 

(2) VOC content of a reactive adhesive. 

For reactive adhesives that contain reactive diluents, the VOC content of the 

adhesive is determined after the adhesive material finishes curing. The pounds 

of VOC per gallon of adhesive, less water and exempt compounds, shall be 

calculated according to the following equation: 

(Duane Johnson, Ford Motor Company) 

Response 38: 

The Ohio EPA agrees with the commenter that this paragraph pertains to 

reactive adhesives and not necessarily reactive diluents. As such, the wording 

"that contain reactive diluents" has been deleted for the proposed rule. 

Comment 39: 

Paragraphs (F)(3) and (F)( 4) pertain to electrostatic dip coating (EDP or E-Coat) 

operations. The averaging time for such operations is on a calendar month basis 

like that in the Auto NSPS as explained in the 2008 Auto CTG. It is not based on 

a 30-day rolling average. The current tools used to demonstrate compliance 

throughout the country with these limits are based on collecting daily pours 

during a calendar month and reporting the results on a monthly average. Please 

note that it has been exceptionally rare in our experience that an adjustment to 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 14 of22 

the emission limit was needed to account for a very low solids turnover ratio, 

such an adjustment is appropriate when there is very little to no production. 

However, computing the solids turnover ratio should only be required when an 

adjustment of the emission is made; otherwise no computation should be made. 

(3) VOC content of a coating applied by a dip coater (rollin§ thirty Etay calendar 

month average VOC content). 

The as applied VOC content of a coating applied by a dip coater shall be 

determined by the owner or operator as a rollin§ thirty Etay calendar month 

average of the VOC content of the material (coating and thinner) added to the 

reservoir of the dip coater. The rollin§ thirty Etay calendar month average VOC 

content (C30), expressed in pounds of VOC per gallon of coating, excluding 

water and exempt solvents, as applied, shall be calculated for each month Gay 

of operation of the dip coater as follows: 

Where: 

Ai,30 =amount of material i added to the reservoir of the dip coater during a 

thirty Etay calendar month period eonsisting of the Etay of operation of the Etip 

seater plus the previous tvventy nine ealenEtar Etays, expressed in gallons. 

Ci,VOC = VOC content of material i expressed in pounds of VOC per gallon. 

Vi,solids =volume fraction of solids (nonvolatile matter) in material i. 

Vi,VOC =volume fraction of VOC in material i. 

i = subscript denoting a specific material (coating or thinner) added to the 

reservoir of the dip coater during the thirty Etay perioEt calendar month. 

n =total number of materials (coatings and thinners) added to the reservoir of the 

dip coater during the thirty Etay perioEt calendar month. 

(4) Compliance with the limitations specified in paragraphs (C)(1)(c), (C)(1)(d), 

and (C)(1 )(e) of this rule shall be determined each day of operation in 

accordance with the publication entitled "Protocol for Determining the Daily 

Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck 

Primer-Surfacer and Topcoat Operations" (EPA-453/R-08-002). Compliance with 

the limitation specified in paragraph (C)(1 )(a) of this rule shall be determined 

each Elay-£alendar month of operation and is based upon a weighted average 

by volume of all coating materials employed in the coating operation in the ~ 

thirty Etays calendar month. Compliance with the limitation specified in 

paragraphs (C)(1 )(b) and (C)(1 )(f) of this rule is based upon a weighted average 

by volume of all coating materials employed in the coating operation in any one 

day. (Duane Johnson, Ford Motor Company) 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 

Response 39: 

Page 15 of22 

The commenter is correct that the averaging time for electrostatic dip coating 

under the Auto NSPS is monthly. Also, under paragraph (C)(2)(a) of OAC rule 

3745-21-29, the solids turnover ratio, which determines the applicable limit, is a 

monthly value. As such, the determination of compliance for the electrostatic dip 

primer coating is a monthly determination. However, for any other dip coating, 

the determination of compliance is a daily determination based upon coating 

materials added to the dip tank during the past 30 days. RACT limits for VOC 

are generally enforced on a daily basis due to the National Ambient Air Quality 

Standard for ozone being a daily-determined value. In order to avoid ambiguity 

regarding the electrostatic dip primer coating and other types of dip coating, a 

clarifying statement has been added to paragraph (F)(3). Also, paragraph (F)(4) 

pertains to topcoat and primer surface coatings that are regulated on a daily 

basis. The daily determination of compliance is established within the protocol 

document, wherein monthly coating usage is prorated to a day based upon the 

type of vehicle coated and the type/color of vehicle coating. 

Comment40: 

Paragraph (F)(7), describing the required monitoring requirements for add-on 

control equipment when used to meet the emission limits per Paragraph (D), 

should refer to the Auto Protocol and not OAC 3745-21-15. The Auto Protocol 

explains how add-on controls should be monitored and how capture efficiency 

tests should be performed and provides a more appropriate reference. 

(7) Add-on pollution control equipment. 

For add-on air pollution control equipment employed in accordance with 

paragraph (D) of this rule, the owner or operator shall: 

(a) Meet the same monitoring requirements as contained in the "Protocol for 

Determining the Daily Volatile Organic Compound Emission Rate of 

Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations" 

(EPA-453/R-08·002). parogroph (1=1) of rule 3748 21 1a of the /\drninistrotive 

GaGe; and 

(b) Conduct a compliance test to determine the capture efficiency of a capture 

system, the control efficiency of a control device (or each control device if a 

combination of control devices is employed), and the overall control efficiency of 

the add-on air pollution control equipment in accordance with paragraph (C) of 

rule 3745-21-10 of the Administrative Code wherein USEPA Method 25 or 25A 

shall be used for determining the concentration of VOC in a gas stream. During 

the compliance test, the owner or operator shall establish the operating limits 

(operating parameter values) for the required monitoring devices by following the 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 16 of 22 

requirements contained in the "Protocol for Determining the Daily Volatile 

Organic Compound Emission Rate of Automobile and Light-Duty Truck 

Primer-Surfacer and Topcoat Operations" (EPA-453/R-08-002). 

(Duane Johnson, Ford Motor Company) 

Response 40: 

Ohio EPA agrees with the commenter, and changes will be made to reference 

the monitoring and testing specified in the protocol document. 

Comment41: 

Paragraph (G) should be revised to be consistent with the comments raised 

above. 

(G) Recordkeeping and reporting. 

( 1) The following types of records are to be maintained by the owner or operator 

of a facility subject to this rule: 

(a) Compliance demonstration records for coating operations. 

(b) Compliance demonstration records for coating-related activities and cleaning 

materials. 

(c) Monitoring records for add-on air pollution control systems subject to the 

add-on pollution control equipment requirements of paragraph (D). 

(2) For any coating operation subject to paragraph (C) of this rule, the owner or 

operator shall maintain the following records: 

(a) For each coating in use at the facility: 

{i) The name and VOC content as received and as applied. 

(ii) The type of coating, as identified under paragraph (C) of this rule. 

(b) All data, calculations, and test results (including USEPA Method 24 results) 

used in determining the VOC content of each coating, expressed in pounds of 

VOC per gallon of coating, excluding water and exempt 

solvents, as applied. 

(c) The amount (gallons) of each coating used each month at the facility. 

(d) For each EDP primer coating operation, calculate the turnover ratio (RT) 

when used to adjust the EDP emission limit as described in paragraph 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 

(C)(1 )(a)(ii) or (iii), by the following equation: 

Page 17 of22 

Then calculate or select the appropriate limit according to paragraph (C)(1 )(a) of 

this rule. 

(e) For any coating operation subject to the add-on pollution control equipment 

requirements of paragraph (D) of this rule: 

(i) Identification of the coating line or coating operation. 

(ii) Documentation on the overall control efficiency of each individual add-on 

pollution control equipment and the overall control efficiency of the add-on 

pollution control system, including design estimates and the results of 

compliance tests conducted pursuant to paragraph (F)(7) of this rule. 

(iii) For any coating that is controlled by add-on pollution control equipment, the 

name of the coating, the dates (or time periods) of control, and the amount 

(gallons) of such coating controlled each month. 

(f) Records pertaining to a rolling thirty day calendar month average VOC 

content for a dip coater: 

(i) For each day of operation, the gallons of each material (coating and thinner) 

added to the dip coater reservoir. 

(ii) The VOC content (in pounds of VOC per gallon), volume fraction VOC, and 

volume fraction solids for each material added to the dip coater reservoir. 

(iii) For each calendar month €lay of operation, the rolling thirty day average 

VOC content in pounds of VOC per gallon of coating, excluding water and 

exempt solvent, as applied, as determined in aooordanoe with paragraph (P:)(3) 

of this rt~le. 

(Duane Johnson, Ford Motor Company) 

Response 41: 

The Ohio EPA agrees with the additional wording suggested by the commenter 

for paragraphs (G)(1 )(c) and (G)(2)(d) and changes will be made to the proposed 

rule accordingly. However, the suggested wording changes pertaining to 

paragraphs (D)(2)(f) and (D)(2)(f)(iii) will not be made due to the daily 

determination of compliance for dip coating, other than the electrostatic dip 

primer. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 

Comment42: 

Page 18 of22 

Paragraphs (H) and (I) describe the compliance dates and testing requirements. 

It is believed that existing facilities will likely be able to demonstrate compliance 

based on historical testing and current data and are already subject to Title V 

permitting and certification requirements. Typically, a 180-day period is provided 

for new or modified sources that become subject to the testing/compliance 

demonstration requirements. Therefore, the 90-day period should be changed to 

a 180-day period and additional Agency discretion should be provided. In 

addition, compliance certifications and testing requirements should be aligned 

with existing Title V permits wherever possible. 

(H) Compliance dates. 

( 1) The owner or operator of a coating operation that is subject to this rule shall 

comply with the requirements of this rule no later than the following dates: 

(a) For any subject coating operation for which installation commenced before 

the effective date of this rule, the compliance date for the coating operation is 

either twelve months after the effective date of this rule or the date of initial 

startup of the coating operation, whichever is later. 

(b) For any subject coating operation for which installation commenced on or 

after the effective date of this rule, the compliance date for the coating operation 

is the initial startup date of the coating operation. 

(2) The owner or operator of a coating operation that is subject to this rule shall 

demonstrate compliance with paragraph (G)(2)(e) of this rule by testing the 

control device on each subject source in accordance with 

paragraph (G)(2)(e) of this rule according to the following: 

(a) For any owner or operator of a coating operation subject to paragraph 

(H)(1 )(a) of this rule, by no later than ninety one hundred eighty days after the 

process's compliance date. In aEIEiition, the Ohio environR'lental proteotion a!jency 

R'lay accept the res1o1lts of an oR'lission test conEI~oJoteEI prior to the effootive Elate of 

this r~oJie, if the owner or operator provisos infoFR'lation ana Elata to the Ohio 

environR'lental protection a!Jenoy which EleR'lonstrate that the test 'Nas witnesses 

by the Ohio environR'lental protection a!Jenoy or its Sele!jateEI a!Jent, that an 

approves US EPA oR'lission test R'lethoEI was eR'lployeEI, ana that the operation of 

the process was consistent with the c1o1rrent operatin!l conEiitions ana operatin!J 

capacity. 

(b) For any owner or operator of a coating operation subject to paragraph 

(H)(1 )(b) of this rule, within one hundred eighty days after the coating operation's 

compliance date. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 19 of22 

,{£1 The Ohio environmental protection agency may accept the results of 

emission testing conducted prior to the effective date of this rule, if the 

owner or operator provides information and data to the Ohio environmental 

protection agency which demonstrate that the test was witnessed by the 

Ohio environmental protection agency or its delegated agent, that an 

approved USEPA emission test method was employed, and that the 

operation of the process was consistent with the current operating 

conditions and operating capacity. In addition. the Ohio environmental 

protection agency may accept a compliance demonstration provided by the 

owner or operator consistent with the source's existing Title V operating 

permit. 

(3) Additional testing of a subject coating operation and its VOC add-on air 

pollution control equipment in accordance with paragraph (G)(2)(e) of this rule 

may be required by the director to ensure continued compliance. 

(I) Requirements on applicability notification, compliance certification and permit 

requirements. 

( 1) The owner or operator of a coating operation that is subject to this rule with 

an initial startup date before the effective date of this rule shall notify the Ohio 

eiwironmental protection agency district office or local air agency in writing that 

the coating operation is subject to this rule. The notification, which shall be 

submitted not later than sixty days after the effective date of this rule (or within 

sixty days after the coating operation becomes subject to this rule), shall provide 

the following information: 

(a) Name and address of the owner or operator; 

(b) Address (i.e., physical location) of the facility; 

(c) Equipment description and Ohio EPA application number (if assigned) of the 

subject process; 

(d) Identification of the VOC emission requirement, the means of compliance, 

and the compliance date for the subject process; 

(e) Submission of an application for an operating permit or an application for a 

modification to an operating permit in accordance with Chapter 3745-77 of the 

Administrative Code (for sources subject to the Title V permit program) or in 

accordance with Chapter 3745-31 of the Administrative Code (for sources not 

subject to the Title V permit program) for each subject process: 

(i) That does not possess an effective operating permit, or 

(ii) That does possess an effective operating permit and the owner or operate 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 20of22 

cannot certify in writing to the director that such subject process is in compliance 

with all requirements of this rule. An application for an operating permit is not 

required provided the subject process is operating under an effective permit and 

certifies compliance. 

Such certification shall include all compliance certification requirements under 

paragraph (1)(3) of this rule. As an alternative, the compliance certification 

may be made as part of the current Title V compliance certification 

requirements. 

(Duane Johnson, Ford Motor Company) 

Response 42: 

For compliance testing of add-on control equipment for a coating operation 

having a compliance date under paragraph (H)(1)(a) of OAC rule 3745-21-29, the 

compliance testing deadline specified under paragraph (H)(2)(a) has been 

changed to 180 days from 90 days. This would be consistent with the 180-day 

deadline for compliance testing under paragraph (H)(2)(b). The commenter's 

suggestion for moving the second sentence of paragraph (H)(2)(a) to a new 

paragraph (H)(2)(c) has. been made. However, the commenter's additional 

wording pertaining to Ohio EPA accepting a compliance demonstration 

consistent with a source's Title V permit was determined to not be necessary and 

as such was not inserted. Also, the commenter's additional wording suggested 

for paragraph (1)(1 )(e)(ii) pertaining to a compliance certification as part of a Title 

V permit was determined to not be needed. 

Comment43: 

Please provide the basis for (F)(2) and (F)(3). 

(Steve Rosenthal, U.S. EPA) 

Response 43: 

Paragraph (F)(2) specifies the procedure for determining the VOC content of a 

reactive adhesive, that is an adhesive in which volatile monomer reacts during 

the adhesive's curing operation. The draft wording was based upon a SCAQMD 

rule. The wording of this paragraph has been revised to specify the analytical 

test procedure in appendix A to subpart PPPP of 40 CFR part 63, which is based 

upon the industrial adhesives CTG. 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 21 of22 

Paragraph (F)(3) provides the determination of a rolling 30-day average VOC 

content for a dip coating operation. The draft wording and equation were based 

upon rules found in the Indiana and Pennsylvania SIPs that allow a rolling 30-day 

average, instead of a daily average, for a dip coating operation due to practical 

difficulties of allocating the intermittent addition of VOC to a specific day because 

such VOC is not directly applied to a part, as in a spray coating operation. The 

wording of this paragraph has been revised to provide a determination of a rolling 

30-day average VOC content for a dip coater that is not an EDP primer coating 

operation and the determination of a monthly average VOC content for a dip 

coater that is an EDP primer coating operation. Because the VOC emission limit 

for an EDP primer is expressed in pounds VOC per gallon of solids, the equation 

for the determination of a monthly average VOC content is based upon the 

monthly summation of all VOC added to the EDP primer tank divided by the 

monthly summation of all solids added to the EDP primer tank. Because the 

VOC emission limit for a dip coater that is not an EDP primer coating operation is 

expressed in pounds VOC per gallon of coating, excluding water and exempt 

solvents, the equation for the determination of a rolling 30-day average VOC 

content is based upon the rolling 30-day summation of all VOC added to the dip 

tank divided by the rolling 30-day summation of all solids and VOC added to the 

dip tank. 

Comment44: 

(G)(2)- compliance with (C)(1)(b) and (C)(1)(f) is based on a daily weighted 

average. Therefore, the daily volume of non-EDP primer and final repair coating 

use is required. (Steve Rosenthal, U.S. EPA) 

Response 44: 

Paragraph (G)(2)(h) has been added to this rule to specify the daily records 

associated with a daily weighted average for a coating operation subject to 

paragraph (C)(1 )(b) or paragraph (C)(1 )(f). Such records are similar to the 

records specified under OAC rule 3745-21-09(B)(3)(h). 

Comment45: 

(J)(1)- The quantity of cleaning solvent used must also be considered. 

(Steve Rosenthal, U.S. EPA) 

Response 45: 
Rule Package: OAC Chapter 21 

Response to Comments 

August 10, 2010 Page 22of22 

The quantity, VOC content, and VOC emissions for cleaning solvents have been 

added under paragraph (J)(1 )(a). 

End of Response to Comments 
CJiiEH\ Division of Air Pollution Control 

Response to Comments 

Proposed Rule Language Comment Period 

Rule: OAC Chapter 3745-21 - VOC RACT Phase Ill 

Agency Contact for this Package 

Division Contact: Alan Harness, DAPC, 644-4838, alan.harness@epa.state.oh.us 

Ohio EPA provided a 30-day comment period which ended on January 11, 2011 and 

a public hearing held on January 11, 2011. This document summarizes the 

comments and questions received at the public hearing and/or during the associated 

comment period. 

Ohio EPA reviewed and considered all comments received during the public 

comment period. By law, Ohio EPA has authority to consider specific issues related 

to protection of the environment and public health. 

In an effort to help you review this document, the questions are grouped by topic and 

organized in a consistent format. The name of the commenter follows the comment 

in parentheses. 

Rule 3745-21-01 "Definitions" 

Comment 1: 

The following definitions should be added to Rule 37 45-21-01 of the 

Administrative Code: 

"On press screen cleaning: is a solvent cleaning activity carried out during press 

runs in screen printing operation to remove excess inks and contaminants from a 

screen that is still attached to the press" 

"Screen Reclamation: is a solvent cleaning activity carried out in screen printing 

operation where the screen is completely cleaned for recycling or reuse of the 

screen for other production runs. 

"Screen Printing: is a process in which the printing ink passes through a web or a 

fabric to which a refined form of stencil has been applied. The stencil openings 

determine the form and dimensions of the imprint." 
Rule Package: OAC Chapter 21 

Response to Comments 

February 22, 2011 Page 2of7 

"Digital Printing: A print-on-demand method of printing in which an electronic 

output device transfers variable data, in the form of an image, from a computer to 

a variety of substrates. Digital printing methods include, but are not limited to, 

inkjet printing, electrophotographic printing, dye sublimation printing, thermal wax 

printing and solid ink printing." 

(Marcia Y. Kinter, Specialty Graphic Imaging Association(SGIA)) 

Response 1: 

Ohio EPA agrees with the definitions and will add the definitions for "Screen 

Printing" and "Digital Printing." Because Ohio EPA will not be adopting the 

suggested limit in comment 2 below, the definitions for "On press screen printing" 

and "Screen Reclamation" are redundant and will not be added. 

Rule 3745-21-23 "Industrial Cleaning Solvents." 

Comment2: 

SGIA advocates that the OH EPA establish a limit for the cleaning of ink 

application equipment for screen printing operations of 6.4 pounds VOC per 

gallon. This limit allows screen printing operations to use solvents for both on 

press and off press cleaning activities that meet the technical limitations of both 

cleaning processes. In lieu of this proposed limit, SGIA recommends that two 

separate limits be established for solvent usage by screen printing facilities 

recognizing the different uses: 

For on press cleaning: 6.4 lbs/gallon 

For screen reclamation: 4.2 lbs/gallon 

(Marcia Y. Kinter, Specialty Graphic Imaging Association(SGIA)) 

Response 2: 

The Ohio EPA acknowledges your comment. However, Ohio EPA, in 

consultation with U.S. EPA considers the VOC limit of 6.4 lbs/gallon as proposed 

by the commenter to be excessive. This analysis is based upon the current 

allowable VOC content limit as established by the South Coast rule and the Bay 

Area rule. Therefore, no change will be made to the proposed rule. 

Comment 3: 

The US EPA's CTG guidelines also include a recommended control measure of 

an alternative composite vapor pressure limit. While inclusion of this control 

measure is only an EPA recommendation, SGIA strongly suggests that the Ohio 

EPA include this measure as a control option for all industrial applications. 

Inclusion of this control measure aligns Ohio's proposal with that of other states 
Rule Package: OAC Chapter 21 

Response to Comments 

February 22, 2011 Page 3of7 

that have incorporated the provisions of this CTG into their air pollution control 

standards. (Marcia Y. Kinter, Specialty Graphic Imaging Association(SGIA)) 

Response 3: 

Paragraph (C)(6)(a) of this rule specifies an alternative compliance option for the 

use of a material with a specific composite vapor pressure limit. Specifically, a 

facility may use solvents or solvent solutions for industrial cleaning operations 

which have a VOC composite partial pressure of less than or equal to 8 mm of 

mercury at 20 degrees Celcius. 

Comment4: 

As the CTG is not technically considered a regulation, and so that this 

burgeoning technology is not crippled, SGIA urges the OH EPA to adopt an 

exemption for digital printing operations. Other states, most notably Illinois, 

included an exemption for digital printing in its final Industrial Solvent Cleaning 

regulation (218.187, Other Industrial Solvent Cleaning Operations). As it stands 

now, the adoption of a limit of .42 lbs/gallon would both economically and 

technologically cripple an entire industry sector. We propose that the following 

exemption be added in Section (D): 

Cleaning operations associated with digital printing. 

(Marcia Y. Kinter, Specialty Graphic Imaging Association(SGIA)) 

Response4: 

Ohio EPA agrees with the comment. Therefore, paragraph (D) of this rule will be 

amended by adding an exemption for "cleaning operations associated with digital 

printing." 

Rule 3745-21-28 "Control Techniques Guidelines for Miscellaneous 

Industrial Adhesives." 

Comment 5: 

In reviewing the proposed draft of OAC 3745-21-28, PIANKO requests that the 

OEPA include graphic arts sources in the list of exempt sources. As offset 

lithographic printing, letterpress printing, and flexible package printing are 

specifically mentioned as categories that are not included in the Miscellaneous 

Industrial Adhesive CTG, these processes should be excluded from the 

miscellaneous industrial adhesive rule. This is supported by EPA's statement 

contained in the CTG under the applicability section. 
Rule Package: OAC Chapter 21 

Response to Comments 

February 22, 2011 Page 4 of7 

Page 4 of the 2008 CTG for miscellaneous industrial adhesives states: 

~'Tl!e.J!li~~<;ll.ap~O_IJ$ itcd.lll!i!i?laftp"c'ive_s p;-odp9t_ C?~eggry_ d_oi'~ I)Ot includea~~e~Y_e!l th_a! 

are addressed by CTGs already issued for categories listed under CAA Section 183(e) or 

by earlier CTGs. These include the CTGsissued under Section 183(e) for aerospace 

coatings; metal furniture coatings; large appliance coatings;. flatwood paneling coatings; 

paper, film, and foil .coati11gs; offset lithographic printingand letterpress printing; and 

flexible package printing, Coil.cqating, fabri~ goatil)g, ft!'clD!~bQr}i!1' ma!lu(agtut:i!lg . were.nqtlisted under CAA Section 183( e), however, they werdhe.subject .of earlier 

CTGs which address adhesives used in those processes.': __ 

Additionally, the 2008 CTG is based on guidelines issued irt the October 8, 2008 

Federal Register VoL 73, No. 195. Page 58482 of that Federal Register contains 

a chart describing the Miscellaneous Industrial Adhesive category as follows.: 

Category NA!CScode Examples of affected entities 

Miscellaneous industrial adhesives 316, 321, 326, 331' 332,333, Facilities 1hat manufacture and-repair 

334~ 336. 337, 339, 482, 81.1. leather and allied pre:ducts,_ 

wood products, plastic and rubber 

prodUcts,·tabricated m6tal, ·machinery, 

compu_terand etectronlc;equipment, 

transp_ol;tlation e_quip_mel1_t, 

furniture-and related prodUcts, rail 

tran~p_ortation equipment, 

and facllities involved in 

miSc6lla"ne0us·m~nufa~uring. 

. I f.9§1lnJ_n_e]tjl~r!lth_o_9!§QI}r9 §nd_ le_tt_e_rg[~s_s_Q.QJDm~r9i?J p[ID!II:Ig J!'ll\19_8_ gqcje :3~:3} __ . or anyother graphic arts operations are identified .either by NAICS .code, or by 

example. The adhesives used in graphic arts operations were notstudied by 

EPA as the intent of the rule was to. specifically not include theme 

It is clear that lithographic and letterpress printing, flexible packaging and other 

graphic arts operations are not miscellaneous industrial adhesive operations, as 

specified in the October 8,2008 Federal Register and the 2008 CTG, these 

sources should be exempt. · 

Therefore, the following exemption should be added to Section (A): 

(3) Adhesives used in lithographic, letterpress, digital, and flexographic printing 

operations are not subject to this rule. 

Response 5: 

The Control Techniques Guidance (CTG) Document for miscellaneous Industrial 

Adhesives provides that the category does not include adhesives already 

addressed under other CTG documents, including: aerospace coatings; metal 

furniture coatings; large appliance coatings; flat wood paneling coatings; paper, 

film, and foil coatings; offset lithographic printing and letterpress printing; flexible 

package printing; coil coating; fabric coating; and rubber tire manufacturing. 
Rule Package: OAC Chapter 21 

Response to Comments 

February 22, 2011 Page 5 ofl 

Ohio EPA will add paragraph (A)(3) to clarify that this rule does not apply to an 

adhesive if the operation using the adhesive is already regulated by one of the 

other CTG categories mentioned above. 

Rule 3745-110-03 "RACT limitations for emissions of NOx from stationary 

sources." 

Comment 6: 

The proper legal name listed in OAC 3745-110-03(L) is requested to be revised 

from "ArcelorMittal Cleveland, Inc." to "ArcelorMittal Cleveland Inc." 

(Rich Zavoda, ArcelorMittal Cleveland Inc.) 

Response 6: 

Ohio EPA will incorporate the suggested change as recommended in this 

comment. 

Comment 7: 

In accordance with OAC 3745-110, ArcelorMittal Cleveland Inc. submitted a NOx 

Reasonably Available Control Technology (RACT) study in correspondence 

dated December 12, 2008. Subsequent to Ohio EPA's review of the NOx RACT 

December 12, 2008 report, the Ohio EPA issued an April29, 2009 response 

stating that "Ohio EPA approves of this RACT study." This Ohio EPA response 

also included the appropriate terminology to describe the specific ArcelorMittal 

Cleveland emission units. The April 29, 2009 Ohio EPA response is attached as 

Appendix A. 

However, the January 3, 2011 proposed rule amendments in OAC 3745-110-

03(L) included emission unit description revisions that deviate from the April 29, 

2009 descriptions. The suggested corrections included in Appendix B conform 

these emission unit descriptions to those included in the NOx RACT Plan and 

those included in Ohio EPA's April 29, 2009 letter. This will ensure that the final 

rule does not introduce ambiguity regarding the affected emission units when the 

rule is implemented or enforced. 

ArcelorMittal requests that the proposed revisions included as a mark-up of the 

proposed OAC 3745-110-03(L) in Appendix B be incorporated in the final rule. 

The mark-up also includes the correct current descriptions of P905 and P906, 

which were revised from No.2 BOF to No.1 BOF, and P925 and P926 which 

were revised from No. 1 BOF to No.2 BOF. 

(Rich Zavoda, ArcelorMittal Cleveland Inc.) 
Rule Package: OAC Chapter 21 

Response to Comments 

February 22, 2011 · 

Response 7: 

Page 6 of7 

The Ohio EPA agrees with the commenter. Therefore, the suggested revisions 

will be made to the rule. 

Comment 8: 

The January 3, 2011 draft amendments of OAC rule 3745-110 (L), incorrectly 

propose to reduce the existing NOx limitation, applicable to the natural gas fired, 

Continuous (Hot Dip) Galvanizing Line (Anneal Furnace) P071 from 0.23 lbs 

NOx/MMBtu to 0.181bs NOx/MMBtu. The 0.231bs NOx/MMBtu limit is a Best 

Available Technology (BAT) determination pursuant to OAC rule 3745-31-

05(A)(3) issued in PTI13-01915 dated November 1, 2005 that ArcelorMittal is 

currently employing. According to OAC rule 37 45-11 0-03(1)4 ),a BAT 

determination of this vintage (within five years prior to 12-22-07) presumptively 

satisfies NOx RACT. Ohio EPA's April 29, 2009 letter (Appendix A) 

acknowledged that ArcelorMittal proposed a RACT limit of 0.23 lb/MMBtu and 

confirmed that additional emission control measures for P071 "were not 

considered to be technically and/or economically feasible." ArcelorMittal has not 

received any notification from the Director that Ohio EPA determined that BAT in 

this instance would not satisfy NOx RACT. Therefore, the 0.23 lbs NOx/MMBtu 

is the appropriate NOx RACT limit for P071. 

In support of this determination, we have attached PTI 13-0196 (November 1, 

2005) as Appendix C. The BAT determination for P071 was based on a stack 

test result of 0.19 lbs NOx/MMBtu and a twenty percent contingency. A recent 

stack test in 2007 confirmed compliance with the BAT NOx rate by testing at 0.15 

lb/MMBtu. Both of these stack tests are valid for the current operating 

configuration for P071. Thus, the source has demonstrated variability of 0.15 to 

0.191b/MMBtu for NOx. To ensure that NOx RACT is achievable under all 

operating conditions, Ohio EPA must consider all of the valid NOx data. Thus, 

NOx RACT is appropriately based on the higher tested emission rate plus a 

margin of safety. This is how the 0.231b/MMBtu NOx BAT was established in the 

2005 PTI. Therefore, Ohio EPA has strong support for accepting the 

presumption that BAT constitutes NOx RACT for this source. 

(Rich Zavoda, ArcelorMittal Cleveland Inc.) 

Response 8: 

Upon further consideration the Ohio EPA agrees with the comment. Therefore, 

the NOx emission limitation for emissions units P071 will be revised to reflect a 

0.23 lb/MMBtu NOx emission limit, which is consistent with the BAT 

determination established in the 2005 PTI. 
Rule Package: OAC Chapter 21 

Response to Comments 

February 22, 2011 

Comment 9: 

Page 7 of7 

The proposed rule amendments in OAC 3745-110-03(L) include the following 

emission units that do not have stacks capable of being tested with approved 

U.S.EPA test methods: P049, Anneal -North; P050, Anneal- South; P905, No. 1 

BOF Ladle Preheaters; P906, No. 1 BOF Ladle Preheaters; P925, No. 2 BOF 

Ladle Preheaters; and P926, No.2 BOF Ladle Preheaters. The Ohio EPA is 

requested to appropriately acknowledge, in the rule or otherwise, that stack 

testing of these sources is not required. Compliance demonstrations for these 

units should be based on the use of natural gas fuel and the continued use of 

burner technology that Ohio EPA acknowledged in its April 29, 2009 

determination as sufficient to meet NOx RACT. 

(Rich Zavoda, ArcelorMittal Cleveland Inc.) 

Response 9: 

Ohio EPA is not aware that these sources do not have stacks capable of 

accommodating appropriate emissions testing as stated in your comment. Ohio 

EPA would need to further investigate this matter before making a commitment 

as to the appropriate compliance methodology. Typically, the appropriate 

compliance methodology for these sources would be defined in the facilities valid 

operating (i.e., Title V) permit. 

End of Response to Comments