# Article II Copy of Public Notice and Director's Findings & Orders

# I DATE: 05/02/2011 4:28PM

# I

State ofOhio Environmental Protection Agency Notice ofAdoption of Rules

Notice is herebygiven thatthe DirectorofEnvironmental Protection, underthe authorityof Ohio Revised Code Section 3704.03 hasadopted 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 oftheAdministrative Code, and new rules 3745-21-27, 3745-21-28, and 3745-21-29 ofthe 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 organiccompound (VOC) emissionsfrom stationary sources. VOC emissions area precursorto ozoneformation. These rules have had theirapplicability extended to include the Cleveland/Akron, Ohio non-attainment area in order to aid in the reduction ofozone 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 ofadoption was issued on May 2, 2011. The effective date ofthese rules is May 12, 2011. To request a copy ofthese rules, obtainfurther information, orinspectorrequestcopies of agencyfilesand records pertaining to the proceeding contactMr. Alan Harness, Ohio EPA, Division ofAir Pollution Control, Lazarus Government Center, PO Box 1049, Columbus, Ohio 43216-1049 orcall Mr. Alan Harness at (614) 644-4838. These rules are available on the Web page for electronic downloading by scrolling down to OAC Chapter 3745-21, "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 whichthe appeal is based. The appeal mustbefiled with ERACwithin thirty (30) daysafter notice of the Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio 43215. Copies ofthe appeal must be served upon the Director ofthe Ohio EPA within three (3) days offiling with ERAC. Ohio EPA also requests that a copy ofthe appeal be served uponthe Environmental Enforcement Section ofthe OhioAttorney General'sOffice.

### BEFORE THE OHIO ENVIRONMENTAL PROTECTION AGENCY

In the Matter of: The Adoption of New Rules 3745-21-27, 3745-21-28, 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' 3745-110-03 ofthe Ohio Administrative Code Director's Final Findings and Orders

FINDINGS AND ORDERS



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

Administrative ProcedureActthe adoption, in final form, ofthe 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 affordedthe opportunityto be heard; and 2. That upon due consideration, the adoption, in final form, ofthe 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 ofthese Findings and Orders and certified copies ofsaid 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 ofthe Director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after**noti~e** 

### ofthe Director's action. The appeal mustbe accompanied by afiling fee of$70.00which the Commission, in its discretion, may reduce ifby affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice ofthe filing ofthe appeal shall be filed with the Director within three (3) days offiling with the Commission. Ohio EPA requests that a copy ofthe 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, Proceduresforadoption, 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 EPAfully complied with the requirements ofthis law and has provided evidence on the major requirements below: 1. ORC 119.03(A): Reasonable public notice shall be given in the register ofOhio at least 30 days priorto the date setfor a hearing. Ohio's electronic rule filing system automatically posts public notices in the Ohio Register when rules are proposed. A copy of the Public Hearing notice can be provided upon request. The Public Hearing noticewas placed in the Ohio Register on January 3, 2011. Ohio EPA held a public hearing on February 11, 2011 in Columbus, Ohio. This hearing was held 39 days afterthe 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 additionto 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 befiled withthesecretary ofstate and the director ofthe legislative service commission (LSC). Ohio'selectronicfiling system automaticallygenerates a letterwhen 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 answersto questions eightand nine ofeach ofthe Rule Summaryand Fiscal Analysis (RSFA) documents are provided (Attachment B). 3. ORC 119.03(C): Conduct public hearings as advertised. Ohio EPA conducted the public hearing on 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 hearingsforthese 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 ofthese rules occurred during the hearings. JCARRjurisdiction expired on March 25, 2011, April17, 2011, and May 1, 2011, respectively, forthese hearings as evidenced by

### the JCARR consent agenda. Ohio EPA issued the orderto adoptthese rules on May2, 2011 as evidenced bythe Director's Findings 

### &Orders and the Public Notice (both contained in Article 2). The Secretary ofthe State and Director ofthe LSC once again received a letter of notice (Attachment D). 5. ORC 119.03(E): Provide notice to public priorto effective date of rule. Ohio EPA provided an update ofthe adoption ofthe rules through the Ohio EPA website, the Register ofOhio, and through an e-mail noticeto all interested parties on May 2, 2011. Copies ofthese notifications can be provided upon request. ORC 121.39, Provisions applicable to proposed legislation or administrative rules concerning environmental protection, imposes further requirements for interested party review specific to environmental rule adoption. Ohio EPA fully complied with the requirements ofthis law and has provided evidence on the major requirements below: 1. ORC 121.39(B): Legislation dealing with the environmentmust 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 RSFAand 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) ofthe ERAF foreach rule, Ohio EPAstated the adoption ofthe rule, oraversion as stringent as, is required in orderto maintain approval to administer a federal environmental law. The RSFA documents also contain a section entitled Fiscal Analysis which addresses potential costs. Our responses metthe requirements ofthis law as evidenced in the consent byJCARR who reviews these documents. 2. ORC 121.39(D): Priorto adopting any environmental rule, the agency mustconsult with interested parties, considerall documentation relevanttothe need forthe rule making, identify any need to adopt in order to maintain approval to administer a federal environmental law, and it must include an RSFA. On December 9, 2009 Ohio EPA notified interested parties via e-mail ofthe draft rules language. A copy of the notification may be provided upon request. We provided a 30-daycomment period closing January8, 2010. The interested parties list included Ohio EPA, DAPC's general rule making list. A copy ofthe interested party list may be provided upon request. As evidenced in item (A) of the ERAF for this rule, Ohio EPA identified that it considered all documentation relevanttothe need forthe rule making and identified those documents in listform.

# Article IV Attachment A Letter to Secretary of State and Director of LSCThe HonorableJennifer Brunner Secretary ofState 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77South High St., 9th Floor Columbus,OH 43215 Greg Fouche, Interim Director Joint Committeeon Agency Rule Review

77 South High St., Concourse Level Columbus,OH 43215 Lisa Patt-McDaniel, Director Departmentof 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 10:46AM Confirmation Number: 27e3cc2f1d42753f1a22d047f184d835 

## ORIGINAL FILE Rule Number Type FYR? JE Date EffDate Next FYR Tagline 3745-21-01 Amendment N 03/09/2011 Definitions. 3745-21-09 Amendment N 03/09/2011 Control ofemissions ofvolatile organic compounds from stationary sources and perchloroethylenefrom dry cleaning facilities. 3745-21-21 Amendment N 03/09/2011 Storage ofvolatile organic liquids in fixed rooftanks and external floating rooftanks. 3745-21-23 Amendment N 03/09/2011 Control ofvolatile 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 ofvolatile organic compound emissions from automobile and 3745-21-29 New N 03/09/2011 light-dutytruckassembly coating operations, heaviervehicle 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 NOxfrom stationary sources.

# Article IV Attachment B RSFA

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

Rule Summary and Fiscal Analysis (Part A) 

### Ohio EnvironmentalProtectionAgency Agency Name 

### Division ofAir Pollution Control <DAPC) Alan Harness Division Contact 

### 50 WestTown 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 ofthe RC 119.032 review? 

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

### No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### ll9.03 4. Statute(s) authorizing agencyto 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 inthe newrules being adopted for this chapter as part ofthis rulemaking package.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:


### This rule defines the various terms usedthroughout Chapter 3745-21 ofthe Administrative Code. This rule is being amended to include information onitems

:ur;Page2 Rule Number: 

### 3745-21-01
incorporatedbyreference andto add andmodify definitions as necessary due to modifications elsewhere inChapter3745-21 ofthe Administrative Code. Minor typographical changeshave also beenmadeto conformtoLSC style andformatting guidelines.
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.7 4 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation ofhowthe text orother material is generally available to those persons: This rule containsreferences to the OhioAdministrative Code (OAC). While copies ofthese rules and statutes are generally available to the publicthrough libraries andon-line sources, includingthe Ohio EPA website, ORC 121.76 (A) exempts suchreferences from theprovisions ofORC 121.71 through 121.75. This rule also contains references tothe Code ofFederal Regulations (CFR). These rules aregenerally available through libraries, OhioEPA andU.S. EPAwebsites. CFRreferences have alsobeendatedtoreferencethe specific version oftherules. ORC 121.75 (D) exempts suchreferences from therequirements ofORC 121.71 through 121.74. This rule also containsreferences tothe United States Code (USC), theFederal Insecticide, Rodenticide, and FungicideAct, and the CleanAirAct. Theserules and Acts are generallyavailable through libraries, OhioEPA and GovermnentPrinting Office's websites. USC references have also been datedto reference the specific version oftherules. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Therule also containsreferences to analytical testmethods usedto determine parametersfor materials subjectto this rule or othermaterials utilizedbyregulators and impactedparties to determine orachieve compliance withtheserules. These testmethods andmaterials are cormnonlyknown andutilizedbylaboratories performingthis type ofanalytical work. Copies ofthese testmethods are available in libraries andthe websites ofthe method's supporting organization (ASTM, ANSI, NFPA, NACE, etc.). Referencedmaterials are cited, dated and availabilitynoted inparagraph (JJ) ofthis rule.
9. Ifthe rule incorporates a text orother material by reference, and itwas infeasible for the agencyto file the text orother material electronically, provide an explanation ofwhyfiling the text orother material electronically was infeasible:Page 3 Rule Number: 3745-21-01



### NotApplicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and itwas infeasible for the agency to file the text orother material, provide an explanation ofwhy filing the text or other material was infeasible: 

### NotApplicable.
11. Ifrevising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: 

### ThirdRefile: This rule is beingrefiledto correct a technical issuewhichresulted in the wrong language beinguploaded. The changes remainthose indicated for the secondrefile. Second Refile: Thefollowing definitions will be addedto paragraph (II) ofrule 3745-21-01 ofthe Administrative Code purusantto commentsreceived: "DigitalPrinting" means a print-on-demand method ofprinting inwhich an electronic output devicetransfers variable data, inthe form ofan image, from a computerto a variety ofsubstrates. Digital printingmethods include, but are not limitedto, inkjetprinting, electrophotographicprinting, dye sublimationprinting, thermal waxprinting and solid inkprinting. FirstRefile: The following defmitions will be addedtoparagraph (EE) ofrule 3745-21-01 ofthe Administrative Code purusant to commentsreceived: "ScreenPrinting" means a process in which the printing

### inkpasses through a web ora fabric to which arefmed form ofstencil has been applied. The stencil openings determine the form and dimensions ofthe imprint. "DigitalPrinting" means a print-on-demandmethod ofprinting in which an electronic output device transfers variable data, in the form ofan image, from a computerto a varietY ofsubstrates. Digital printing methods include, butare not limitedto, inkjetprinting, electrophotographicrinting, dye sublimationprinting, thermal wax printing and solidinkprinting.
12. 119.032 Rule Review Date: 8/25/2013 (Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal 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 notto exceed 5 years from the review date for NoPage4 Rule Number: 3745-21-01
Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which this proposedrule would 

### increase 

### I decrease either 

### revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. 

### This willhave no impact onrevenues orexpenditures. 

### $0 NotApplicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: 

### Not Applicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 throughoutthis chapter. There is no cost of compliance associatedwith this rule.
16. Doesthis rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection orcontain a component dealing with environmental protection as defined in R. C. 121.39? Yes 

### You mustcompletethe Environmental ruleAdoption/AmendmentFormin orderto comply with Am. Sub. 106 ofthe 12lstGeneral 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, whetherthe 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 ofinterested 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 ofthe proposed rule oramendment considered? Yes Please list the information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) Clean AirAct.Page E-2



### USEPA Control Technique Guidance Documents Comments from interestedparties. LSC Style andFormattingManual Rule Number: 3745-21-01

(C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program ? 

### Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? 

### No
(D) Ifthis is a rule amendment that is being adopted undera 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 NotApplicable

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

Rule Summary and Fiscal Analysis (PartAl 

### Ohio EnvironmentalProtectionAgency Agency Name 

### Division ofAirPollution Control IDAPC) Division 

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

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

### 119.03 4. Statute(s) authorizing agencyto 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 pursuantto changes made toparagraphs (C), (U), and(HH) ofthis rule due to thepromulgation oftwo new control technique guidline (CTG) rules (i.e.,rules 3745-21-26 and 3745-21-29 ofthe Administrative Code). The amendments to these paragraphs will prevent conflictwiththe new CTG rules.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE,Page 2 Rule Number: 

### 3745-21-09

then summarize the content ofthe rule:


### Therequirements ofparagraphs (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 berequiredto complywith one oftwo new CTGs inthe future (i.e., rules 3745-21-26 and 3745-21-29 ofthe Administrative Code). This is discussed further below: Paragraph (C). Thisparagraphidentifies VOCrequirements for surface coating ofautomobile and light-duty trucks. This paragraph willbereplacedbynewrule 3745-21-29 ofthe Administrative Code for sources inAshtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties uponthe compliance date for thenewrule. Language is being suggested for additionto the beginning ofthis paragraphto identifY the phasingoutofthis paragraph forthese Counties. Paragraph 

### (U). This paragraph identifies VOCrequirements for surface coating ofmiscellaneous metalparts andproducts. This paragraphwill bereplacedbynewrule 3745-21-26 ofthe Administrative Code for sources inAshtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and SununitCountiesuponthe compliance date inthe newrule. Language isbeing suggested for addition to the beginning ofthis paragraph to identifY thephasing out ofthis paragraph for these Counties. Paragraph (HH). Thisparagraph identifiesVOC requirements for surface coating of automotive/transportation andbusiness machineplasticparts. This paragraphwill be replacedbynewrule 3745-21-26 ofthe Administrative Code for sources in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit County upon the compliance date for the newrule. Language is being suggested for additionto the beginning ofthis paragraph to identifY the phasing out ofthis paragraph for these Counties.
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.7 4 ofthe Revised Code because the text orother material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text orother material is generally available to those persons: 

### This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public throughlibraries andPage 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 ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPAwebsites. CFRreferences have alsobeendatedto reference the specific version ofthe rules. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. This rule also contains references to the United States Code (USC) andacts of congress. Theserules are generally available through libraries, OhioEPA and GovernmentPrinting Office's websites. USCreferences have also beendatedto referencethe specific version ofthe rules. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Therule also contains references to analytical testmethods usedto determine parameters for materials subjecttothis rule orothermaterials utilizedbyregulators andimpactedparties to determine orachieve compliance with these rules. These testmethods and materials are commonlyknown andutilizedbylaboratories performingthis type ofanalytical work. Copies ofthese test methods are available in libraries andthe website for (ASTM, ANSI, NFPA, NACE, etc.)." Referenced materials are cited, datedand availability noted inparagraph (JJ) ofrule 3745-21-01 ofthe Administrative Code.
9. Ifthe rule incorporates a text orother material by reference, and it was infeasible forthe agencyto file the text or other material electronically, provide an explanation ofwhyfiling the text orother material electronically was infeasible: NotApplicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and it was infeasible for the agency to file the text orother material, provide an explanation ofwhy filing the text orother material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 8/25/2013Page4 Rule Number: 

### 3745-21-09
(Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at thetime offinal 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 bywhich thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impact onrevenues orexpenditures. 

### $0 NotApplicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance with the rule to all directly affected persons. When appropriate, please include the source foryour information/estimated costs, e.g. industry, CFR, internal/agency: Please see the attached fiscal analysis for a discussion ofthe estimated costof compliance withthis rule.
16. Doesthis rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection orcontain a component dealing with environmental protection as defined in R. C. 121.39?Yes Youmustcompletethe EnvironmentalruleAdoption/AmendmentForm 

### in orderto complywith Am. Sub. 106 ofthe I21stGeneralAssembly.

## 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 bythe proposed rule or amendment consulted 

### ? Yes Please list each contact. 

### OhioEPAinvitedinterestedparties to comment onthis rule during theperiod of December 9, 2009 to January 8, 2010. Comments received were consideredand appropriate revisions to the rules were made. A list ofinterested 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 ofthe proposed rule or amendment considered 

### ? Yes Please list the information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) 

### CleanAirAct.Page E-2 Rule Number: 3745-21-09

Federal Control Technique Guideline (CTG) documents. Comments from interestedparties. LSC Style andFormattingManual. (C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental laworto participate in a federal environmental program ? 

### Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? No
(D) Ifthis 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 stringentthan the rule that it is proposing to amend? No NotApplicable

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

Rule Summary and Fiscal Analysis (Part A) 

### Ohio EnvironmentalProtection Agency Agency Name 

### Division ofAir Pollution Control <DAPC) Division 

### 50West 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 rooftanks.

RULE SUMMARY 

### 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

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

### No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agencyto 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: Thisrule is being filed to correctan omission during a previous review.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
Thisrule was originally effective August, 25, 2008 with a compliance date of twelve months later. An amendment occurred onApril 2, 2009; however OhioEPAPage2 Rule Number: 3745-21-21
inadvertently forgot to changeparagraph (G) ofthis rulebyreplacingthetext "twelvemonths from the effective date ofthis rule" to specifY the compliance date of"August25, 2009." This amendment corrects this.
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of howthe text orother material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC. While copies ofthese rules and statutes are generally available to thepublic 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 ofFederal Regulations (CFR). These rules are generally available through libraries, OhioEPA andU.S. EPA websites. CFRreferences have also beendatedto referencethe specific version ofthe rules. ORC 121.75 (D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Therule also contains references to analytical testmethods usedto determine parameters for materials subject to this rule orothermaterials utilizedbyregulators and impactedparties to determine orachieve compliance with these rules. These testmethods and materials are commonlyknown andutilizedbylaboratories performingthis 

### type ofanalytical work. Copies ofthese testmethods are available in libraries and the websites ofthe method's supporting organization (ASTM, ANSI, NFPA, NACE, etc.). Referenced materials are cited, datedand availability notedin OACrule 3745-21-01.
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible forthe agency to file the text orother material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: NotApplicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and itwas infeasible forthe agency to file the text orother material, provide an explanation ofwhyfiling the text or other material was infeasible:Page3 Rule Number: 3745-21-21

NotApplicable.
11. Ifrevising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 8/25/2013 (Ifthe. rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review datefor this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal 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 notto exceed 5 years from the review date for No Change rules.


### FISCAL ANALYS/S 13. Estimate the total amount bywhich this proposedrule would increase I decrease either revenues 

### I expenditures forthe agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impact onrevenues or expenditures. $0 NotApplicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 ofthe cost ofcompliance withthis rule.Page4 Rule Number: 3745-21-21

16. Doesthis rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection orcontain a component dealing with environmental protection as defined in R. C. 121.39? Yes Youmustcompletethe EnvironmentalruleAdoption/ AmendmentForm 

### in orderto complywithAm. Sub. 106 ofthe !21stGeneral 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. whetherthe 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 oramendment consulted ? No Please list each contact. The change to this rule does not affectthe substance orintent ofthe rule. This rule was originally effective August, 25, 2008 with a compliance date oftwelvemonths later. An amendment occurred onApril 2, 2009; howeverOhioEPA inadvertently forgot to change paragraph (G) ofthis rulebyreplacing the text" twelve months from the effective date ofthis rule" to specify the compliance date of"August25, 2009." This amendment corrects this. There will be a 30-day commentperiod 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 ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy ofeach 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

CleanAirAct. FederalAlternative Control Technique Guideline (ACT) documents. Comments from interested parties. LSC Style andFormattingManual. (C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administerand enforce a federal environmental law orto participate in a federal environmental program ? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? No
(D) Ifthis is a rule amendment that is being adopted undera 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 NotApplicable

## ACTION: Final DATE: 05/02/2011 3:46PM

Rule Summaryand Fiscal Analysis <Part A) Ohio EnvironmentalProtectionAgency Agency Name 

### Division ofAirPollution Control<DAPC) Division 

### 50 WestTown Street, Suite700 POBox 1049 Columbus OH43216-1049 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 industrialsolventcleaningoperations.

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

### 119.03 4. Statute(s) authorizing agencyto 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 languageto avoid conflictwithnew rule 3745-21-27 ofthe Administrative Code.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:


### The following amendments are beingmade to this rule:Page2 Rule Number: 3745-21-23

1. Correcting a typographical errorin the table ofstandards. Specifically,the solvent cleaning operationfor "ultraviolet 

### ink and electronbeam 

### ink application equipment, except screenprinting" will have the VOC contentlimitation standard amended from 4.2 pounds/gallonto correctlyread 5.4pounds/gallon. 2. Due tothepromulgation ofa newCTG-basedrule (rule 3745-21-27 ofthe Administrative Code); adding anexemptionto paragraph (D)(2)(p) ofthisrule. (This form ofcleaningwhich was formerly coveredinthis paragraphis now addressed as partofthe newrule.) 3. Amendingparagraph (F)(l)by allowing the use oftechnical data sheets and/or material safetydata sheetstodetermine VOC content. 4. Adding the recordkeepingrequirementinparagraph (J) for sources that claim exemption from this rule whenVOC emissions are less than 15.0poundsperday.
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.7 4 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation of howthe text orother material is generally available to those persons: Thisrule containsreferences tothe OhioAdministrative Code (OAC). While copies oftheserules and statutes are generally available to thepublicthrough libraries andon-line sources,includingtheOhioEPA website, ORC 121.76(A) exempts suchreferences from theprovisions ofORC 121.71 through 121.75. Thisrule also containsreferences to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPAwebsites. CFRreferences have also beendatedto reference the specific version oftherules. ORC 121.75(0)exempts suchreferences from therequirements ofORC 121.71 through 121.74. Therule also containsreferences to USEPA analytical testmethods usedto determineparameters for materials subjectto this rule orothermaterials utilizedby regulators and impactedpartiesto determine orachieve compliance withthese rules. Thesetestmethods andmaterials are commonlyknown andutilizedby laboratories performingthis type ofanalyticalwork. Copies ofthese testmethods are available in libraries andthe website forUSEP A. Referenced materials are cited, dated and availabilitynotedinparagraph (JJ) ofrule 3745-21-01 oftheAdministrative Code.
9. Ifthe rule incorporates a text orother material by reference, and itwasPage 3 Rule Number: 3745-21-23
infeasible forthe agency to file the text orother material electronically, provide an explanation ofwhyfiling the text or other material electronically was infeasible: NotApplicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasiblefor the agency to file the text orother material, provide an explanation ofwhyfiling the text or other material was infeasible: NotApplicable.
11. Ifrevising or refiling this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: Third Refile: This rule is beingrefiledto correct atechnical issue which resultedin the wrong languagebeinguploaded. The changes remain those indicatedfor the secondrefile. Second Refile: This is the thirdrevision oftheproposedrule language. The changes from the otherrevisions are discussedbelow: Paragraphs (A)(1)(c) and (J)(1) addclarifYing language to allow processes that are exemptfrom therule tobe excludedwhen calculating whether ornotthe facility as a whole is subjectto this RACTrequirement. FirstRefile: This is the secondrevision oftheproposedrule language. The changes from the originalrevision are discussed below: Paragraph (D) ofthis rule is amendedby adding an exemption. The specific exemptionis underparagraph (D)(!)(e) ofthisrule andreads "cleaning operations associated with digital printing." Paragraphs (C)(6)(b)(i)(d) and (G)(7) correct cross references that were inerror from the first revised filing. The following are changes made for the original revised filing onJanuary 31, 2011: Paragraphs (C)(6), (F)(2), (G)(2), (G)(3), and (G)(7) ofthis rule have beenrevised to address comments bythe American Coatings Association. The specific changes to eachparagraph are as follows: Paragraph (C)(6). Additional language hasbeen addedto this paragraph to allow for additional alternate compliance options withtherule. Paragraph(F)(2). This paragraph has been amendedbyincorporating referenceto paragraph (C)(6) ofthis rule.Page4 Rule Number: 3745-21-23
Paragraph (G)(2). This paragraphhas been amendedbyincorporatingreference to paragraph (C)(6) ofthis rule. Paragraph (G)(3). This paragraph has been amendedbyincorporatingreference to paragraph (C)(6) ofthis rule. Paragraph(G)(7). This paragraphhas been amendedbyincorporating record keepingrequirements for those facilities complyingwithparagraph (C)(6)(d) ofthis rule.
12. 119.032 Rule Review Date: 8/25/2013 (Ifthe rule is not exempt and you answered NOto question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule isthe filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules ora date notto exceed 5 years from the review date for No Change rules.
FISCAL ANALYS/S 13. Estimate the total amount bywhich 

### thisproposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will haveno impact onrevenues orexpenditures. 

### $0 NotApplicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance with the rule to all directly affected persons. When appropriate, please include the source foryour information/estimated costs, 

### e.g. industry, CFR, internal/agency: Please seethe attached fiscal analysis for a discussion ofthe costofcompliance withthis 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 orcontain a component dealing with environmental protection as defined in 

### R. C. 121.39?Yes You must complete the Environmental rule Adoption! Amendment Form in orderto comply with Am. Sub. 106 ofthe !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, whetherthe 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 bythe proposed rule or amendment consulted? Yes Please list each contact. Ohio EPAinvited interestedparties 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 ofinterested parties will be furnished uponrequest. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered ? Yes Please list the information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) CleanAir Act. LSC Style and FonnattingManual.Page E-2 Rule Number: 

### 3745-21-23

Federal Control Technique Guideline (CTG) documents. Comments from interestedparties. LSC Style and FormattingManual. (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 orto participate in a federal environmental program ? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? No
(D) Ifthis is a rule amendmentthat 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 NotApplicable

## ACTION: Final DATE: 05/02/2011 3:46PM

Rule Summary and Fiscal Analysis (Part A) OhioEnvironmentalProtectionAgency Agency Name 

### Division ofAirPollution ControlIDAPC) Division 

### Alan Harness Contact 

### 50 WestTown Street. Suite700 POBox 1049 ColumbusOH43216-1049 Agency Mailing Address (Plus Zip)


# 3745-21-24 Rule Number 

# AMENDMENT TYPE of rule filing 

### 614-644-2270
Phone

Rule Title/Tag Line 

### Flatwood panelingcoatings.

RULE SUMMARY 

### 614-644-3681 Fax

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

### 119.03 4. Statute(s) authorizing agency to adoptthe 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 filedto addnecessarymonitoring, record keeping andreporting requirements thatwere inadvertently omittedwhenthis rule was originally promulgated.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
Therule is being amended to add monitoring, record keeping andreportingPage 2 Rule Number: 3745-21-24


### requirements thatwere inadvertently omittedwhenthis rulewas originally promulgated. The amendments are included inparagraphs (F) to (K) ofthis rule. Additionally, several minorchanges were made to fix typographical errors and alignthe rule language with LSC formatting guidancerequirements.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is 

### generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation ofhow the text orother material is generally available to those persons: 

### This rule contains references to the Ohio Administrative Code (OAC). While copies oftheserules and statutes are generally available to the public through libraries and on-line sources, includingthe OhioEPA website, ORC 121.76(A) exempts suchreferences from theprovisions ofORC 121.71 through 121.75. The rule also contains references to analyticaltestmethods usedto determine parameters for materials subject to this rule orothermaterials utilizedbyregulators and impactedparties to determine orachieve compliancewiththeserules. These testmethods and materials are commonly known andutilizedbylaboratories performing this type ofanalytical work. Copies ofthese testmethods are available in libraries andthe USEPA website. Referencedmaterials are cited, dated and availabilitynoted inparagraph (JJ) 

### ofrule 3745-21-01 ofthe Administrative Code.
9. Ifthe rule incorporates a text orother material by reference, and itwas 

### infeasible forthe agency to file the text orother material electronically, provide an explanation ofwhyfiling the text orother material electronically was infeasible: 

### NotApplicable.
10. Ifthe rule is being 

### rescinded and incorporates a text orother material by reference, and itwas 

### infeasibleforthe agency to file the text orother material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If

### revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so:Page 3 Rule Number: 3745-21-24



### NotApplicable.
12. 119.032 Rule Review Date: 8/25/2013 (Ifthe rule is not exempt and you answered NOto question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal 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 ANALYS/S 13. Estimate the total amount bywhich 

### this proposedrule would 

### increase 

### I decrease either 

### revenues 

### Iexpenditures forthe agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. 

### This will have no impactonrevenues or expenditures. 

### $0 Not Applicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: 

### NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 ofthe cost ofcompliance 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 Environmentalrule Adoption/AmendmentForm inorderto comply with

### Am. Sub. 106 ofthe !21stGeneral 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 bythe proposed rule or amendment consulted 

### ? Yes Please list each contact. 

### OhioEPA invited interestedparties to comment on this rule during theperiod of December9, 2009 to January 8, 2010. Commentsreceivedwere considered and appropriate revisions to the rules were made. A list ofinterested 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 ofthe proposed rule or amendment considered 

### ? Yes Please listthe 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 AirAct.

I'lLIll

### Page E-2 Rule Number: 3745-21-24

Federal Control Technique Guideline (CTG) documents. Comments from interestedparties. LSC Style and FormattingManual. 

### (C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program ? 

### Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? No


### (D) Ifthis is a rule amendmentthat is being adopted undera 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 NotApplicable

## ACTION: Final 

# I DATE: 05/02/2011 3:43PM 

# I

Rule Summarv and Fiscal Analysis (PartA) OhioEnvironmentalProtection Agency Agency Name 

### Division ofAir Pollntion Control(DAPC) Division 

### Alan Harness Contact 

### 50 WestTown Street, Suite700 PO Box 1049 Columbus OH43216-1049 Agency Mailing Address (Plus Zip)


# 3745-21-27 NEW Rule Number TYPE of rule filing Rule Title/Tag Line 

### Boatmanufacturing. 614-644-2270 614-644-3681 Phone Fax



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

### 119.03 4. Statute(s) authorizing agencyto 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 beingproposedto meet federal requirements for reasonably available control technology requirements for several source categories ofVOCinmoderate nonattainment areas.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the contentofthe rule: 

### This is a new rule that establishes emission reductionrequirements for fiberglassPage2 Rule Number: 3745-21-27

boatmanufacturing operations in the Cleveland/ Akron area (i.e., Ashtabula, Cuyahoga; Geauga, Lake, Lorain, Medina, Portage, and SummitCounties).
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of howthe text orother material is generally available to those persons: This rule containsreferences tothe OhioAdministrative Code (OAC). While copies ofthese rules and statutes are generally available to thepublicthrough libraries and on-line sources, including the Ohio EPAwebsite, ORC 121.76(A) exempts suchreferences from theprovisions ofORC 121.71 through 121.75. This rule also containsreferences to the CodeofFederalRegulations (CFR). These rules are generally available through libraries, Ohio EPA andU.S. EPAwebsites. CFRreferences have also beendatedto reference the specific version oftherules. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Therule also containsreferences to USEPA analytical test methods used to determineparameters formaterials subjecttothis rule or othermaterials utilizedby regulators andimpactedparties to determine orachieve compliancewiththese rules. These testmethods and materials are commonlyknown andutilizedby laboratoriesperformingthis type ofanalytical work. Copies ofthese testmethods are available inlibraries andthe website for USEP 

### A. Referenced materials are cited, dated and availabilitynotedinparagraph (JJ) ofrule 3745-21-01 ofthe Administrative Code.
9. Ifthe rule incorporates a text orother material by reference, and it was infeasible for the agency to file the text orother material electronically, provide an explanation ofwhy filing the text orother material electronically was infeasible: NotApplicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and it was infeasible for the agencyto file the text orother material, provide an explanation ofwhyfiling the text orother material was infeasible: NotApplicable.Page 3 Rule Number: 3745-21-27

11. Ifrevising or refiling this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: NotApplicable.
12. 119.032 Rule Review Date: 08/25/2013 (Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules ora date notto exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which this proposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. 

### $0 Not Applicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not Applicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 ofthe costof 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 orcontain a component dealing with environmental protection as defined in R. C. 121.39?

### Yes You must complete the Environmentalrule Adoption/AmendmentForm inorderto comply withAm. Sub. 106 ofthe 121stGeneralAssembly.

## 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 ofinterested 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 ofthe 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 AirAct.

### Page E-2 Rule Number: 3745-21-27

Federal Control Technique Guideline (CTG) documents. Comments from interestedparties. LSC Style aud FormattingManual. (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 orto participate in a federal environmental program ? Yes Is the proposed rule or rule amendment more stringentthan its federal counterpart ? No
(D) Ifthis is a rule amendment that is being adopted undera 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 EnvironmentalProtectionAgency Agency Name Division ofAirPollution ControlfDAPC) Division 50 West Town Street. Suite 700 POBox 1049 Columbus OH43216-1049 Agency Mailing Address (Plus Zip)


## 3745-21-28 NEW Alan Harness Contact614-644-2270 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 ofthe RC 119.032 review? No


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


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 

### 4. Statute(s) authorizing agency to adoptthe 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 beingproposed to meet federal requirements for reasonably available control technology requirements for several source categories ofVOC inmoderate nonattainmentareas.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: This is a new rule thatestablishes emissionreductionrequirements for

'PriPage2 Rule Number: 

### 3745-21-28

miscellaneous industrial adhesives and sealants employedinthe Cleveland! Akron area (i.e., Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and SummitCounties).
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation of how the text orother material is generally available to those persons: Thisrule contains references to the OhioAdministrative Code (OAC). While copies ofthese rules and statutes are generally available to the publicthrough libraries andon-line sources, includingthe OhioEPAwebsite, ORC 121.76(A) exempts suchreferences from the provisions ofORC 121.71 through 121.75. This rule also contains references tothe Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPAwebsites. CFRreferences have also beendatedtoreferencethe specific version ofthe rules. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Therule also containsreferences to USEP A analytical testmethodsusedto determineparameters for materials subjecttothis rule orothermaterials utilizedby regulators andimpactedpartiesto determine orachieve compliance withthese rules. Thesetestmethods andmaterials are commonlyknown and utilizedby laboratoriesperformingthis type ofanalytical work. Copies·ofthese testmethods are available inlibraries and the website forUSEP 

### A. Referenced materials are cited, dated and availability noted in paragraph (JJ) ofrule 3745-21-01 oftheAdministrative Code.
9. Ifthe rule incorporates a text orother material by reference, and it was infeasible forthe agencyto file the text orother material electronically, provide an explanation ofwhy filing the text orother material electronically was infeasible: NotApplicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and itwas infeasible for the agencyto file the text orother material, provide an explanation ofwhy filing the text orother material was infeasible: NotApplicable.Page 3 Rule Number: 3745-21-28

11. Ifrevising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: ThirdRefile: This rule is beingrefiledto correct a technical issue whichresultedin the wrong language being uploaded. The changes remain those indicated for the secondrefile. SecondRefile: Ohio EPAis refiling this rule to add an exemptionfor digital printing operations inparagraph (A)(2)(h) per a commentreceived during the commentperiod. FirstRefile: Ohio EPAis refiling this rule to add clarifying language inparagraph (A)(3). The Control Techniques Guidance (CTG) Documentfor Miscellaneous Industrial Adhesives issuedbyUSEPA under Section 183 ofthe Clean AirActprovides that theMiscellaneous Industrial Adhesives categorydoes notinclude adhesives already addressedunder otherCTGdocuments, including: aerospace coatings; metal furniture coatings; large appliance coatings; flat woodpaneling coatings; paper, film, andfoil coatings; offsetlithographic printing andletterpress printing; flexible packageprinting; coil coating; fabric coating; andrubbertire manufacturing. Ohio EPAhas added new paragraph (A)(3) 

### to clarify thatthis rule does notapply to an adhesive ifthe adhesive is alreadyregulatedbyone ofthe otherCTG categories.
12. 119.032 Rule Review Date: 08/25/2013 (Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt atthe time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review datefor No Change rules.

FISCAL ANALYS/S 13. Estimate the total amount by which this proposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. 

### $0Page4 Rule Number: 3745-21-28

NotApplicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated bythe proposed rule: Not Applicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 ofthe cost of compliance withthis 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 orcontain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes Youmust complete tbe Environmentalrule Adoption! AmendmentForm 

### in orderto comply withAm. Sub. 106 oftbe !21stGeneral 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 bythe proposed rule oramendment consulted? Yes Please list each contact. 

### OhioEPA invited interestedparties to commentonthis rule during theperiod of December 9, 2009 to January 8, 2010. Comments received were considered and appropriate revisions to the rules were made. A list ofinterestedparties will be furnished uponrequest. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule oramendment considered ? Yes Please list the information provided and attach a copy ofeach 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 interestedparties. LSC Style andFormattingManual. (C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program ? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? No
(D) Ifthis is a rule amendmentthat is being adopted undera state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringentthan the rule that it is proposing to amend? No NotApplicable

## ACTION: Final DATE: 05/02/2011 3:43PM

Rule Summary and Fiscal Analysis (PartAl 

### Ohio EnvironmentalProtection Agency Agency Name 

### Division ofAirPollution Control (])APC) Division 

### 50 WestTown Street, Suite700 POBox 1049 Columbus OH43216-1049 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 ofthe RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adoptthe 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 beingproposedto meet federal requirements for reasonably available control technology requirements for several source categories ofVOCinmoderate nonattainmentareas.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE,

-'.ll:iPage2 Rule Number: 3745-21-29

then summarize the content ofthe rule: This rule establishes emissionreductionrequirements ofvolatile organic compound emissions from automobile and light-duty truck assembly coating operations, heaviervehicle assembly coating operations, and associatedfacility coating operations for facilities located inthe Cleveland/ Akron area (i.e., Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina,Portage, and SummitCounties).
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation ofhow the text orother material is generally available to those persons: This rule contains references to the OhioAdministrative Code (OAC). While copies ofthese rules and statutes are generally available to thepublicthrough libraries and on-line sources, includingthe Ohio EPA website, ORC 121.76(A) exempts such references from theprovisions ofORC 121.71 through 121.75. The rule also contains references to USEP A analytical testmethods used to determineparameters for materials subjectto this rule orothermaterials utilizedby regulators andimpactedparties to determine orachieve compliance withthese rules. These test methods and materials are commonlyknown and utilizedby laboratoriesperformingthis type ofanalytical work. Copies ofthese testmethods are available in libraries andthe website for USEP

### A. Referenced materials are cited, datedandavailabilitynoted inparagraph (JJ) ofrule 3745-21-01 ofthe Administrative Code

.. 9. Ifthe rule incorporates a text orother material by reference, and itwas infeasible for the agencyto file the text orother material electronically, provide an explanation ofwhy filing the text orother material electronically was infeasible: Not Applicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and itwas infeasible for the agency to file the text orother material, provide an explanation ofwhyfiling the text orother material was infeasible: NotApplicable.Page 3 Rule Number: 3745-21-29

11. Ifrevising or refiling this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: 

### NotApplicable.
12. 119.032 Rule Review Date: 08/25/2013 (Ifthe rule is not exempt and you answered NOto question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review datefor No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which 

### this proposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. 

### This will have no impact onrevenues or expenditures. $0 

### NotApplicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated bythe proposed rule: 

### Not Applicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 discussionofthe 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 

### Youmust complete the EnvironmentalruleAdoption/ AmendmentForm 

### in orderto comply withAm. Sub. 106 ofthe 12lstGeneralAssembly.

## ACTION: Final DATE: 05/02/201 13:43PM

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, whetherthe 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 oramendment consulted 

### ? Yes Please list each contact. Ohio EPAinvited interestedparties to commentonthis rule duringthe period of December 9, 2009 to January 8, 2010. Commentsreceived were considered and appropriate revisions to the rules were made. A list ofinterestedparties will be furnished uponrequest. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule oramendment considered 

### ? Yes Please Jist the information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) CleanAir Act.

### Page E-2 Rule Number: 3745-21-29

Federal Control Technique Guideline (CTG) documents. Commentsfrom interestedparties. LSC Style and FormattingManual. 

### (C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program ? 

### Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? No


### (D) Ifthis is a rule amendment that is being adopted undera 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 NotApplicable

## ACTION: Final DATE: 05/02/2011 3:41 PM 

# I

Rule Summarv and Fiscal Analysis (PartA) OhioEnvironmentalProtection Agency Agency Name Division ofAirPollution Control <DAPC) Division 50 WestTown Street. Suite700 PO Box 1049 ColumbusOH43216-1049 Agency Mailing Address (Plus Zip) Alan Harness Contact614-644-2270 Phone 614-644-3681 Fax


# 3745-72-02 Rule Number 

# AMENDMENT TYPE of rule filing Rule Title/Tag Line Definitions.



### RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe 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 agencyto adoptthe 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 OhioEPA's 5-yearreview ofthis rule.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
Minorwording changes havebeen made to this rule in orderto provide clarity. The changes do not affectthe scope orintent ofthis rule.Page2 Rule Number: 3745-72-02

8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text orother material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC)and Ohio revisedCode (ORC). While copies ofthese rules and statutes are generally available to the public through libraries and on-line sources, includingthe Ohio EPA website, ORC 121.76(A)exempts suchreferences from the provisions ofORC 121.71 through 121.75. This rule also containsreferences to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFRreferences have also been dated to referencethe specific versionoftherules. ORC 121.75 (D) exempts suchreferences from therequirements ofORC 121.71 through 121.74. This rule also containsreferences to the United States Code (USC), andthe Clean AirAct. Theserules andActs are generally available through libraries, Ohio EPA and GovernmentPrinting Office's websites. USC references have alsobeen datedto referencethe specific version oftherules. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Therule also contains references to USEPA analyticaltestmethods usedto determine parameters for materials subjectto this rule or othermaterials utilizedby regulators andimpactedparties to determine orachieve compliancewith these rules. These testmethods and materials are commonlyknownandutilizedby laboratories performingthis type ofanalytical work. Copies ofthesetestmethods are available inlibraries andthe website for USEPA. Referencedmaterials are cited, dated and availabilitynoted inparagraph (C)(2) of this rule.
9. Ifthe rule incorporates a text orother material by reference, and itwas infeasible for the agency to file the text or other material electronically, provide an explanation ofwhyfiling the text orother material electronically was infeasible: NotApplicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and itwas infeasiblefor the agency to file the text orother material, provide an explanation ofwhyfiling the text orother material was infeasible:Page 3 Rule Number: 3745-72-02

NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: NotApplicable.
12. 119.032 Rule Review Date: 113/2011 and 08/04/2015 (Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date notto exceed 5 years from the review date for No Change rules.
FISCAL ANALYS/S 13

.. Estimate the total amount bywhich 

### thisproposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will havenoimpact onrevenues or expenditures. $0 NotApplicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 costofcompliance associated with this rule. Thisrule contains definitions that are applicable withthe otherrules inthis 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/AmendmentFormin orderto comply with Am. Sub. 106 ofthe !21stGeneral 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 interestedparties to comment onthis rule during theperiod of December 9, 2009 to January 8, 2010. Commentsreceived were considered and appropriate revisions to the rules were made. A list ofinterestedparties 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 ofthe proposed rule or amendment considered? Yes Please listthe information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) CleanAirAct.Page E-2

Comments from interestedparties. LSC Style and FormattingManual. Rule Number: 3745-72-02

(C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program ? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? No
(D) Ifthis is a rule amendmentthat 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 NotApplicable

## ACTION: Final DATE: 05/02/2011 3:41PM

Rule Summary and Fiscal Analysis (PartA) 

### OhioEnvironmentalProtectionAgency Agency Name 

### Division ofAirPollution ControlfDAPC) Division 

### 50 WestTown Street, Suite700 POBox 1049 Columbus OH43216-1049 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.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe 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 adoptthe rule: 

### 119.03 4. Statute(s) authorizing agencyto adoptthe 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 OhioEPA's 5-yearreview ofthis rule.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
Minorwording changes have beenmade to this rule in orderto provide more clarity. The changes do not affectthe scope or intent ofthe rule. Specifically, thePage 2 Rule Number: 3745-72-05

word "produced" has beendeleted andreplacedwith theword "blended."
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text orother material is generally available to those persons: This rule containsreferences to the Ohio Administrative Code (OAC). While copies ofthese rules and statutes are generally available to thepublicthrough libraries and on-line sources, includingthe OhioEPAwebsite, ORC 121.76(A)exempts suchreferences from theprovisions ofORC 121.71 through 121.75.
9. Ifthe rule incorporates a text orother material by reference, and it was infeasible for the agencyto file the text orother material electronically, provide an explanation ofwhyfiling the text orother material electronically was infeasible: Not Applicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and itwas infeasiblefor the agencyto file the text or other material, provide an explanation ofwhyfiling the text orother material was infeasible: NotApplicable.
11. Ifrevising or refiling this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: NotApplicable.
12. 119.032 Rule Review Date: 113/2011 and 08/04/2015 (Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt atthe time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date forAmended rules ora 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 thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues orexpenditures. 

### $0 NotApplicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated bythe proposed rule: NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 ofa violation. There is no costofcompliance associatedwith 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 Youmust complete the Environmentalrule Adoption! AmendmentForm in orderto comply with Am. Sub. 106 ofthe !21stGeneral 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 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, whetherthe 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 bythe proposed rule oramendment 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. Commentsreceivedwere considered and appropriate revisions to the rules were made. A list ofinterested parties willbe furnished uponrequest. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered ? Yes Please listthe information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) CleanAir Act.Page E-2 Rule Number: 3745-72-05

Comments from interestedparties. LSC Style and FormattingManual. (C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program ? 

### Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendmentthat is being adopted undera 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 NotApplicable

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

# I

Rule Summary and Fiscal Analysis (PartA) OhioEnvironmentalProtectionAgency Agency Name 

### Division ofAirPollution ControlIDAPC) Alan Harness Division Contact 

### 50 WestTown Street. Suite 700 POBox 1049 ColumbusOH43216-1049 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 ofthe 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 agencyto 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 thatwere made during OhioEPA's 5-yearreview ofthis rule.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
Minor wording changes have beenmade to this rule inorderto provide more clarity. The changes do notaffectthe scope or intent ofthis rule. Specifically,the

P.\1Page2 Rule Number: 3745-72-06
genderwording "he","him", and "his" has beendeleted and replacedbythe "distributor", "therefmer/importer's", "the ethanolblender's", "the carrier's", or "the retailer/wholesale purchaser-consumer", as appropriate.
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation of howthe text orother material is generally available to those persons: This rule containsreferences to the Ohio Administrative Code (OAC). While copies ofthese rules and statutes are generally available tothepublicthrough libraries and on-line sources, includingthe Ohio EPAwebsite, ORC 121.76(A) exempts suchreferences from the provisions ofORC 121.71 through 121.75.
9. Ifthe rule incorporates a text orother material by reference, and itwas infeasible forthe agencyto file the text orother material electronically, provide an explanation ofwhy filing the text orother material electronically was infeasible: NotApplicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text orother material was infeasible: NotApplicable.
11. Ifrevising or refiling this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: NotApplicable.
12. 119.032 Rule Review Date: 1/3/2011 and 08/04/2015 (Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules ora date not to exceed 5 years from the review date for NoPage 3 Rule Number: 3745-72-06 Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which this proposedrule would 

### increase 

### I decrease either 

### revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave noimpact onrevenues or expenditures. $0 NotApplicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 administrativerule which outlines the defenses which apotentially affectedpartymay use ifa shipment offuel does notmeetthe requirements of paragraph (A) ofrule 3745-72-03 ofthe Administrative Code. There is no cost ofof compliance associatedwith 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 Youmustcompletethe Environmentalrule Adoption/ AmendmentForm in orderto comply with Am. Sub. 106 ofthe 121stGeneral 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 ofthe 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, whetherthe 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 interestedparties to comment on this rule during the periodof December 9, 2009 to January 8, 2010. Comments received were considered and appropriate revisions to the rules were made. A list ofinterested 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 ofthe 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 AirAct.Page E-2

Comments from interestedparties. LSC Style andFormattingManual. Rule Number: 

### 3745-72-06

(C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program ? 

### Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? 

### No


### (D) Ifthis is a rule amendmentthat is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringentthan the rule that it is proposing to amend? No NotApplicable

## ACTION: Final DATE: 05/02/2011 3:46PM I

Rule Summarv and Fiscal Analysis (PartA) Ohio EnvironmentalProtection Agency Agency Name 

### Division ofAirPollution Control<DAPC) Alan Harness Division Contact 

### 50 WestTown Street. Suite700 POBox 1049 ColumbusOH43216-1049 Agency Mailing Address (Plus Zip)


# 3745-110-01 Rule Number Rule Title/Tag Line 

# AMENDMENT TYPE of rule filing 

### Definitions.

RULESUMMARY 

### 614-644-2270 Phone 

### 614-644-3681 Fax

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

### 119.03 4. Statute(s) authorizing agencyto adoptthe 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 beingproposed to incorporate a new definition andupdate referenced materials.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
The amendments consistofaddingthe definition "lb/mmBtu" to the listof definitions andupdating referencedmaterials inparagraph (C) ofthis rule.

### Page2 Rule Number: 3745-110-01

8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is generally available 

### to persons who reasonably can be expected to be affected by the rule, provide an explanation of howthe text orother material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules and statutes are generally available tothepublic through libraries andon-line sources, includingthe Ohio EPAwebsite, ORC 121.76 (A) exempts suchreferences from the provisions ofORC 121.71 through 121.75. The rule also containsreferences to ASTM and USEPA testmethods usedto determineparametersfor materials subject to thisrule orothermaterials utilizedby regulators and impactedparties to determine orachieve compliance with these rules. Thesetestmethods andmaterials are commonlyknown and utilizedby laboratories performing this type ofanalytical work. Copies ofthese testmethods are available in libraries and the website for USEP

### A. Referencedmaterials are cited, dated and availabilitynoted inparagraph 

### (C) ofthis rule.
9. Ifthe rule incorporates a text orother material by reference, and it was infeasible

### forthe agency to file the text orother material electronically, provide an explanation ofwhy filing the text orother material electronically was infeasible: NotApplicable.
10. Ifthe rule is being rescinded 

### and incorporates a text orother material by reference, and itwas infeasible 

### for the agency to file the text orother material, provide an explanation ofwhy filing the text orother material was infeasible: NotApplicable.
11. If revising or refiling 

### this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: NotApplicable.
12. 119.032 Rule Review Date: 12/22/2012 (Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for thisPage 3 Rule Number: 

### 3745-110-01

rule is the filing date.) NOTE: Ifthe rule is not exempt atthe time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date for Amended rules or a date notto exceed 5 years from the review date for No Change rules.


### FISCAL ANALYSIS 13. Estimate the total amount by which 

### this proposedrule would 

### increase I decrease either 

### revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. 

### This will have no impact on revenues orexpenditures. 

### $0 Not Applicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated bythe proposed rule: 

### NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance 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 throughoutthe 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 mustcomplete the Environmental rule Adoption/AmendmentForm 

### in orderto complywithAm. Sub. 106 ofthe !21stGeneral 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, whetherthe 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 EPAinvitedinterestedparties to commentonthis rule during the period of December9, 2009 to January 8, 2010. Comments received were considered and appropriate revisions to the rules weremade. A list ofinterestedparties willbe 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 ofthe proposed rule or amendment considered ? Yes Please list the information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) Clean AirAct.

·,,m:lPage E-2 Rule Number: 3745-110-01

Comments from interestedparties. LSC Style and FormattingManual. (C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program ? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis is a rule amendment that is being adopted undera 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 NotApplicable

## Ar'm[O.NT· ·p: ,l '-• 1.

. 

## ma DATE: 05/02/2011 3:46PM

Rule Summary and Fiscal Analysis (PartA) Ohio EnvironmentalProtectionAgency Agency Name 

### Division ofAirPollution ControlIDAPC) Division 

### 50 WestTownStreet, Suite700 POBox 1049 Columbus OH43216-1049 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 stationarysources.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

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

### No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

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

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

### 3704.03(A), 3704.03(E)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: 

### Thisrule is beingproposedto incorporate new site-specificNOx emission requirements.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:


### Thisrule is being amended to add four site-specificrules based on approvedNOxPage 2 Rule Number: 3745-110-03

RACTstudies submittedunderparagraph (I) ofrule 3745-110-03 ofthe Administrative Code. Specifically,the four site-specificrules are for Northeast Ohio Regional SewerDistrict SoutherlyWastewater Treatment Center, ArcelorMittal Cleveland,Inc., Republic Engineered Products, andU.S. Steel.
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation ofhowthe textorother material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese 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 theprovisions ofORC 121.71 through 121.75. Referencedmaterials are cited, dated and availabilitynoted inrule 3745-110-01 of the Administrative Code.
9. Ifthe rule incorporates a text orother material by reference, and it was infeasible for the agency to file the text orother material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not Applicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and itwas infeasible for the agencyto file the text orother material, provide an explanation ofwhy filing the text orother material was infeasible: 

### NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; 

### if none, please state so: Thefollowing revisionshavebeenmade pursuantto commentsreceived from ArcelorMittal Cleveland Inc.: 1. The commabetween the words Cleveland and Inc. hasbeenremoved. 2. The NOx emission limitation for emissions unit P071 has been changedfrom 0.18lb/MMBtuto 0.23lb/MMBtu.Page 3 Rule Number: 3745-110-03

3. The name ofemissions units P905 and P906 has been changed from No. 2 BOF: Ladle Preheaters to No. 1BOF: Ladle Preheaters. 4. The name ofemissions units P925 and P926 has been changed from No. 1BOF: Ladle Preheaters to No. 2 BOF: Ladle Preheaters.
12. 119.032 Rule Review Date: 12/22/2012 (Ifthe rule is not exempt and you answered NOto question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt atthe time offinal filing, two dates are required: the current review date plus a date 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 proposedrule would 

### increase I decrease either 

### revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. 

### $0 NotApplicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable.
15. Provide a summary ofthe estimated cost ofcompliance 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. Doesthis rule have a fiscal effect on school districts, counties, townships, or municipal corporations? NoPage4 Rule Number: 3745-110-03

17. Does this rule deal with environmental protection orcontain a component dealing with environmental protection as defined in R. C. 121.39?Yes Youmustcompletethe Environmentalrule Adoption/ AmendmentForm 

### in orderto comply with Am. Sub. 106 ofthe !21stGeneral 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 bythe proposed rule oramendment consulted 

### ? Yes Please list each contact. Ohio EPA invited interestedparties to commentonthis rule during theperiod of December9, 2009 to January 8, 2010. Commentsreceivedwere considered and appropriate revisions to the rules were made. A list ofinterestedparties willbe furnished uponrequest. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered 

### ? Yes Please list the information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) CleanAirAct.Page E-2

Comments from interestedparties. LSC Style andFormattingManual. 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 orto participate in a federal environmental program ? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart ? No NotApplicable
(D) Ifthis 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 Agenda1

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 ofadministrative rules hearing. Legal representation. Meetings ofthe board. Committees ofthe board. Duties ofthe 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 offuneral homes and embalming facilities. Continuing education requirements. Summary suspension. Forfeitures.

Rule Title Definitions. Jurisdiction Ends: 3/9/2011

Meetings ofthe board. Committees ofthe board. Public Hearing: 1/24/2011

JCARR 77South High Street• Concourse Level• Columbus, Ohio 43215• (614)**466~4086** • www.jcarr.state.oh.us ·Page 1• 3fi/20113

4 FINALAGENDA

Rescission Original Filing Yes Rescission Original Filing Yes Rescission Original Filing Yes JOINT COMMITTEE ONAGENCY RULE REVIEW 317/2011 - 1:30 P.M. Statehouse Hearing Room 121(William McKinley Room)

4717-1-05 Duties ofthe president. 4717-1-06 Duties ofthe 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 forfuneral directors. Rescission Original Filing Yes 4717-1-09 Fees and charges. Rescission Original Filing Yes 4717-1-10 Requirements forembalmer's license. Rescission Original Filing Yes 4717-1-11 Requirements for reciprocal embalmer's license. Rescission Original Filing Yes 4717-1-12 Requirements forfuneral 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 forfuneral home license. Rescission Original Filing Yes 4717-1-18 General rules for conduct ofbusiness. 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 ofmeetings. 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 ofthe 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 ofWorkers' 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 ofambulatory surgical centerservices. Bureau ofWorkers' 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• 31712011FINAL AGENDA

Amendment Original Filing No 5 Bureau ofWorkers' Compensation· JOINT COMMITTEEONAGENCY RULEREVIEW 3/7/2011 - 1:30 P.M. Statehouse Hearing Room 121(William McKinley Room)

4123-6-37.2 Payment ofhospital 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 ofWorkers' Compensation• Division ofSafety 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 oflocal 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: 1Action FYR? Revised Filing No Original Filing Date: 12/9/2010Rule 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 ofethical practice and professional conduct: clients/consumers of services. Standards ofethical practice and professional conduct: multiple relationships. Standards ofethical practice and professional conduct paymentfor services. Standards ofethical practice and professional conduct: record keeping. Reports prepared for court review including custody, visitation and guardianship concerns. Approval ofcontinuing professional education programs required for renewal of licenses and certificates ofregistration 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/2011FINALAGENDA JOINT COMMITTEE ONAGENCYRULE REVIEW 

### 3/7/2011-1:30 P.M. Statehouse Hearing Room 121(William McKinley Room) FINALAGENDA

8 Department ofAdministrative 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 forthe office ofthe attorney general. 9 Department ofAging•

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 ofAging• 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 ofAgriculture• 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 ofage orolder. Enrollment process for those sixty years ofage orolder. Enrollment process for those eighteen to fifty-nine years ofage. Enrollment process for those eighteen to fifty-nine years ofage. 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

Proceduresfor application. Loan applicant eligibility. Forms for applicants. Public Hearing: 2/8/2011

Public Hearing: 2/18/2011

JCARR 77South High Street· Concourse Level• Columbus, Ohio 43215 • (614) 466-4086• www.jcarr.state.oh.us ·Page 4• 3fl/201112 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 ofAgriculture• Plant lndust[Jl JOINT COMMITTEEONAGENCYRULE REVIEW 317/2011 - 1:30P.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. Otherterms 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 departmentofdevelopment submission ofloan application to director. Administration offamily farm loan program. Agricultural financing commission. Determination ofloan approval by director ofagriculture. Transmittal of directorofagriculture's determinations to controlling board. Notification by directorofdecision ofcontrolling board. Contract ofguarantee with lending institutions. Inform agricultural organizations and others aboutthe program. Annual report bydirector.

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 ofAlcohol 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 deafor 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 77South High Street• Concourse Level• Columbus, Ohio 43215• (614) 4664086• www.jcarr.state.oh.us• Page 5• 3/7/2011FINAL 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 ONAGENCYRULE 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 ofconstruction. 4101:1-7-01 Fire-resistance-rated construction. 4101:1-8-01 Interiorfinishes. 4101:1-9-01 Fire protection systems. 4101:1-10-01 Means ofegress. 4101:1-11-01 Accessibility. 4101:1-12-01 Interiorenvironment. 4101:1-13-01 Energy efficiency. 4101:1-14-01 Exteriorwalls. 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.

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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 317/2011-1:30P.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 ofCQmmerce• 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 ofconstruction. New Rule Refiled Filing No 4101:1-7-01 Fire and smoke protection features. New Rule Refiled Filing No 4101:1-8-01 Interiorfinishes. New Rule Refiled Filing No 4101:1-9-01 Fire protection systems. New Rule Refiled Filing No 4101:1-10-01 Means ofegress. 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 Exteriorwalls. 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 ofCommerce• 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• 3171201118 FINAL AGENDA JOINT COMMITTEE ONAGENCY 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 intothe 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 77South High Street• Concourse Level• Columbus, Ohio 43215• (614) 466-4086• www.jcarr.state.oh.us• Page 8• 31712011FINAL 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 Ductsystems. 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 Solarsystems. 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.
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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 ONAGENCYRULE REVIEW 

### 3/7/2011-1:30p.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 ofEducation• 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 ofscholarship 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/2011FINAL AGENDA JOINT COMMITTEE ONAGENCY 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 ofprivate 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 oursight 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

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28 FINAL AGENDA JOINT COMMITTEE ON AGENCYRULEREVIEW 

### 317/2011-1:30P.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, orother substantial alteration ofpublic swimming pools, public spas, and special use pools on orafter January 1, 1999. Health and safety. Operation. Rescission Original Filing Yes 3701-31-07 Disinfection and quality ofwater. Rescission Original Filing Yes 3701-31-08 Limited variance. Total Rules: 3 Original Filing Date: 12/15/2010 Date ofRevised 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 ofthe director of health. New Rule Revised Filing No 3701-31-03 Responsibilities ofthe licensor. New Rule Revised Filing No 3701-31-05 Submission ofplans priorto licensure. Total Rules: 3 Original Filing Date: 12/15/2010 Date ofRevised 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 ofthe licensee. New Rule Revised Filing No 3701-31-05.1 Design criteria for new construction orsubstantial alteration ofa public swimming pool on orafterApril 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 ofHealth• 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 ofthe public health council.
JCARR 77 South High Street• Concourse Level· Columbus, Ohio 43215 • (614) 466-4086• www.jcarr.state.oh.us• Page 12• 3fl/2011FINAL 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 FINALAGENDA

Public Hearing: 1/20/2011

Amendment Original Filing FYR? Yes Rule Number 3701:1-38-07 General provisions; purpose, scope, and communications. 30 Department ofJob 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 ofJob 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 hierarchyfor support collections. Public Hearing: 2/23/2011

Public Hearing: 2/23/2011

32 Department ofJoband 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 ofextra corporeal membrane oxygenator (ECMO) services. 33 Department ofJob 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 ofJob 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 ofa 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· 31712011FINAL AGENDA JOINT COMMITTEE ON AGENCY RULE REVIEW 

### 3/7/2011-1:30P.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 ofJob and Familv Services• Division ofMedical 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 ofJob and Family Services• Division ofSocial 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 eligibilityfor 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 ofeligibility for publicly funded child care by the county department ofjob 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 ofjob and family services responsibilities for the administration ofpublicly funded child care. Caretaker eligibility requirements for publicly funded child care. Use ofthe JFS 01140 "Temporary Voucherfor Publicly Funded Child Care

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### 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 ofpublicly funded child care. 37 Department ofJob and Family Services• Division ofSocial 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 Title Rule Number 5101:2-16-44 Provider agreementfor reimbursement ofpubliclyfunded 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 oforganization. Personnel management. Human resources management. Personnel qualifications. Agency service plan. Physical plant and safety. Environment ofcare 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
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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 ONAGENCYRULE 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 ofqualifications. 1501-3-04 Statement ofqualifications. 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 ofhearing. FINALAGENDA

Public Hearing: 2/8/2011

41 De(!artment of Public Safety• Bureau of MotorVehicles

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 MotorVehicles 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 ofcommercial trucks, commercial trailers, and commercial semitrailers.

Jurisdiction Ends: 3/9/2011 Public Hearing: 2/2/2011 Rule Title License restrictions; suspension oflicense. License restrictions; suspension oflicense. Unsatisfactory medical report; suspension oflicense. Refusal ofform or medical report; suspension oflicense. Pre-temporary driverexamination required. Pre-temporary driver examination procedure. Issuance oftemporary instruction permit. Road test requirements for driver examination. Failure ofdriverexamination. Failure ofdriverexamination. Identification card applications to be retained by deputy registrars. Record retention policy for deputy registrars.

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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 ofcommercial driver's license sanctions. Disqualification ofcommercial driverfor 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. Material approved for incorporation by reference. Rescission New Rule Amendment Total Rules: 1Original Filing Material approved for incorporation by reference. No 4501:1-1-39 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

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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 ofemissions ofvolatile organic compounds from stationary sources and perchloroethylene from dry cleaning facilities. Storage ofvolatile organic liquids in fixed rooftanks and external floating roof tanks. Flat wood paneling coatings. Surface coating ofmiscellaneous metal and plastic parts. Boat manufacturing. Control ofvolatile organic compound emissions from automobile and light-duty truck assembly coating operations, heaviervehicle 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 limitationsfor emissions of NOxfrom 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 3745-18-01 Definitions and incorporation by reference.

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### 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 majorstationary sources and major modifications ofsources emitting greenhouse gases. Title V penmits for majorsources 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.

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Amendment Original Filing Amendment Original Filing Amendment Original Filing Amendment Original Filing Yes No Yes Yes JOINT COMMITTEE ONAGENCYRULE 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 oflicensure. Application for reinstatement. Rescission Rescission Amendment Total Rules: 1Original 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 ofconfidential information. Exploitation ofpersons served. Rescission Rescission Total Rules: 1Original Filing Yes 4755-7-07 Use ofall available resources.

Rule Type New Rule Original Filing Yes 4755-7-08 Code ofethics. 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 ofethical 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 oflicensure. Amendment Original Filing No 4755-44-02 Certificate oflicense; 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• FINALAGENDA

Public Hearing: 1/20/2011

Public Hearing: 1/20/2011

Public Hearing: 1/20/2011

Public Hearing: 1/19/2011

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57 FINALAGENDA 

### JOINT COMMITTEE ONAGENCY RULE REVIEW 317/2011-1:30P.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 oflicense. 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 ofchange 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 orchange in level ofcertificate to practice. Rescission Original Filing Yes 4765-8-18 Reinstatement ofcertificate to practice. New Rule Original Filing No 4765-8-18 Reinstatement ofa certificate to practice. Amendment Original Filing Yes 4765-9-01 Professional standards ofconduct. Amendment Original Filing Yes 4765-9-02 Professional standards ofconduct for holders ofcertificate 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 instructorto EMS

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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 ofdental 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 Title Rule Number 3769-15-04 Entry in name ofall owners and proof ofownership. 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 ofvolatile 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.
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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 ofcontinuing education. 4726-9-03 Education activities that meet and educational activities that do not meetthe continuing education requirements. 4726-11-01 Continuing education requirements. 4726-11-02 Board approval ofcontinuing education programs. 4726-11-03 Licensees requesting an extension orwaiver ofthe 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 ofJob and Family Services· Division ofSocial Services Total Rules: 1 Original Filing Date: 2/11/2011 Date ofWithdrawn Filing: 2/24/2011 Jurisdiction Ends: Rule Type Action New Rule Withdrawn Filing 64 State Board ofOptometry• 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 ofWithdrawn 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 offees. Practicing under unlicensed control. Public Hearing: 3/16/2011

Public Hearing: 10/14/2009

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Withdrawn Filing No 

### JOINTCOMMITTEE ON AGENCYRULE REVIEW 3/7/2011 -1:30P.M. Statehouse Hearing Room 121(William McKinley Room)

4725-5-10 Practicing under unlicensed control prohibited. FINALAGENDA

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### JOINT COMMITTEE ONAGENCY 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 FINALAGENDA



## 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 ofAgriculture• Animal Industry Total Rules: 1 Original Filing Date: 2/15/2011 Rule Tyoe Action Amendment Revised Filing FYR? No 3 Pepartment ofAgriculture• 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 ofAgriculture• 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

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Amendment Revised Filing No Amendment Revised Filing No Amendment Revised Filing No Amendment Revised Filing No JOINT COMMITTEE ON AGENCY RULE REVIEW 

### 4/18/2011-1:30P.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. FINALAGENDA

5 Department ofAgriculture• 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 ofAlcohol 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 ofCommerce• Division ofState 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 USTsystems. 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 ofdirector.
JCARR 77 South High**Street~** Concourse Level• Columbus, Ohio 43215• (614} 466-4086• www.jcarr.state.oh.us • Page 2.· 4118/2011FINAL AGENDA JOINT COMMITTEE ONAGENCY RULE REVIEW 

### 4/18/2011-1:30P.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 ofJob 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 ofJob 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 FINALAGENDA

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 disabilityfinancial assistance. 12 Department ofJob and Family Services• Division ofSocial 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 ofterms.

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 ofvolatile organic compound emissions from industrial solvent cleaning operations. 3745-21-28 Miscellaneous industrial adhesives and sealants.

JCARR 77South High Street• Concourse Level• Columbus, Ohio 43215• (614)**466~4086** • www.jcarr.state.oh.us • Page 3• 4118/2011FINAL AGENDA JOINT COMMITTEE ON AGENCY RULE REVIEW 

### 4/18/2011 -1:30P.M. FINAL AGENDA Statehouse Hearing Room 121(William McKinley Room)

14 State Board ofOptometry• 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 ofRehabilitation 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 ofcontinuing education. Exemption from compliance. 

## To Be Refiled

Date ofTo Be Refiled: 4/14/2011 Jurisdiction Ends: Rule Number 5120-9-09 Rule Title Limited privilege housing assignments. 

## Withdrawn Public Hearing:

16 Department ofJob and Family Services• Division ofSocial Services Total Rules: 9 Original Filing Date: 1/21/2011 Date ofWithdrawn 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 eligibilityfor 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 ofjob and family services responsibilities for the administration ofpublicly funded child care. Eligibility requirements for receipt ofpublicly funded child care benefits. Income eligibility requirements for publicly funded child care benefits. Determination ofeligibilityfor publicly funded child care bythe county department ofjob and family services (CDJFS). Copaymentfor publicly funded child care benefits. Reimbursement waivers for children with special needs. Use ofthe JFS 01140 "Temporary Voucher for Publicly Funded Child Care Services". Child care improper payments.

JCARR 77South 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 StateThe Honorable Jon Husted Secretary ofState 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77 South High St., 9th Floor Columbus,OH 43215 Larry Wolpert, Director JointCommittee 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 thatthe Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 ofthe Ohio Revised Code. Package Number: 51617 File Date and Time: 05/02/2011 03:46 PM Confirmation Number: cf701feb5c82e2ca0057a15dea0b 

## 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 Tagline Control ofvolatile 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 ofState 180 E. Broad St., 15th Floor Columbus,OH 43215 

# cRuleJili

# nt

Mark Flanders, Director Legislative Service Commission

77 South High St., 9th Floor Columbus,OH 43215 Larry Wolpert, Director JointCommittee 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 ofthe 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 1390a39893abf57e93f52da108e216a

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 ofvolatile organic compound emissions from automobile and light-duty truck assembly coating operations, heaviervehicle assembly coating operations, and cleaning operations associated with these coating operations.The Honorable Jon Husted SecretaryofState 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77 South High St., 9th Floor Columbus,OH 43215 LarryWolpert, Director JointCommittee on Agency Rule Review

77 South High St., Concourse Level Columbus,OH 43215 James A. Leftwich, Director DepartmentofDevelopment 77 South High St., 27th Floor Columbus,OH43215



### It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 ofthe Ohio Revised Code. Package Number: File Date and Time: Confirmation Number: 

# FINAL FILE Type 51617 05/02/2011 03:41 PM dbcab64a9718337d17714f0721c58e9

FYR? JE Date Rule Number 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 1The HonorableJon Husted Secretary ofState 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77South 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 JamesA. Leftwich, Director Departmentof Development 77 South High St., 27th Floor Columbus,OH43215

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuantto section 119.04 ofthe Ohio Revised Code. Package Number: 51617 File Date and Time: 05/02/2011 03:49 PM Confirmation Number: d0f88f50551a 7 d 104b9f168aa04acf2 

## 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 ofemissions ofvolatile organic compounds from stationary sources and perchloroethylene from dry cleaning facilities. 3745-21-21 Amendment N 03/09/2011 05/12/2011 Storage ofvolatile organic liquids in fixed rooftanks and external floating rooftanks. 3745-72-06 Amendment y 03/09/2011 05/12/2011 08/04/2015 Defenses.

Page 1

# Article V Hearing Transcript0

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. Page 20 

### 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.) 3 4 5 6 7 

### Page 3 40 8 9 

### 10 11 

### 12 13 

### 14 15 

### 16 17 

### 18 19 20 

### 21 22 

### 23 

### 24

1 2 3 4 

### 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 ofAir Pollution Control Response to Comments Draft Rule Language Comment Period Rule: OAC Chapter 3745-21 Agency Contactforthis Package Division Contact: Alan Harness, DAPC, 644-4838, alan.harness@epa.state.oh.us

Ohio EPA provided a 30-day comment period which 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 ofthe 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 ofthe commenterfollows the comment in parentheses.

Specific Comments Rule 3745-21-09 "Control of Emissions ofVolatile Organic Compounds from Stationary Sources." Comment 1: In section (C)(2) the applicability ofthis section is very differentfrom 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 clearthatthe (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) ofthis rule shall applyto 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 ofan automobile or light-dutytruckand to other parts that are coated along with these bodies or body parts. The emission limitation specified

...." (Jeffrey Waid, Honda)Rule Package: OAC Chapter21 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 orbody parts." Comment2: In section (C)(4) you have crossed out reference to the old "Protocol for Determining the Daily Volatile Organic Compound Emission Rate ofAutomobile 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)? Orwould it be more useful to make a statement suggesting the use ofthe 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, orservicing ofparts, products, tools, machinery, equipment, or general work areas, and stores and/or disposes ofthese solvent materials." This section should add more clarity on waste solvent that is recycled on-site or solvent that is sent offsite for recycling or reclaim and returned to the facilityfrom where itwas generated. Ifa facility reclaims these materialsthey appearto be exempt from this rule. (Mathew P. Narducci, MFG Composite Systems Company)Rule Package: OAC Chapter21 Response to Comments August 10, 2010
Response 3: Page 3 of22

This rule regulates the "use" ofindustrial cleaning solvents. A facility may recycle an industrial solvent, but once it is used in a manner as specified in paragraph (A)(1)(b) ofthis rule, it is subjectto the provisions ofthis rule. No changes will be madeto this part ofthe rule. Comment4: Under 3745-21-23(0), exemptions, include exemption from the requirements of this rule ifcleanup 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 sufficientfor the purpose ofthis rule. CommentS: Under 3745-21-23(D)(1)(c), the proposed rule states: "The following solvent cleaning operations are exemptfrom all the requirements ofthis rule: (c) Stripping ofcured coatings, cured ink, or cured adhesives." We recommend thatthis 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 ofcleaning solvents that contain HAP, exceptthat 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

### WWand WWWW, or OAC rule 3745-21-27 (fiberglass boat manufacturing), specifically, the exemptions specified listed in paragraphs (D)(2)(o) and (D)(2)(p) ofthis rule.Rule Package: OAC Chapter21 Response to Comments August 10, 2010
Comment 6: Page4of22

Under3745-21-23(F)(1) Compliance Test Methods, the proposed rule states: "For any solvent cleaning operation that is subject to the requirements of paragraph (C)(1) ofthis rule, USEPA Method 24 shall be used to determine the VOC content ofthe solvent material employed in the solvent cleaning operation." Add language that allowsfor use ofsuppliertechnical data sheets and/or Material Safety Data Sheets to determine VOC content ofthe solvent material, provided the manufacturer or supplier used Method 24 or equivalent to determine VOC content ofthe material. (Mathew P. Narducci, MFG Composite Systems Company) Response 6: Ohio EPA agrees with your suggested change and will add clarifying languageto allowforthe use offormulation data from the supplier. Rule 3745-21-24 "FlatWood 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 ofthe Administrative Code will be revised accordingly.

Rule 3745-21-26 "Control Techniques Guidelinesfor Miscellaneous Metal and Plastic Parts Coatings." This rule is no longer a part ofthis package. Ohio EPA istaking 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 documentwill address comments received relevant to this rule.Rule Package: OAC Chapter21 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 bythe 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 ofthe 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: MonomerVOC limit- change to "total allowable monomerVOC 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, 1996to SCAQMD Method 312-91.Rule Package: OAC Chapter21 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 "Ifthe weighted-average VOC content for all materials ofa 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 amendmentwill be made. 

### Comment23: (1)(1 )(a)- change to "The total amounts, in pounds, ofatomized 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 Chapter21 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 limitfor "Automotive Glass Adhesive Primer" of 5.9 lb VOC/gal while the USEPA CTG for "Motor Vehicle Glass Bonding Primer" has a listed limit of7.51b VOC/gal. Dueto the extreme importance ofthis application in creating a qualitywindow seal we request that the USEPA CTG limit be used in place ofthe proposed OAC limit. (Jeffrey Waid, Honda)
Response 25: The above-mentioned limit of5.9 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 ofthe limits in Table 1 ofOhio's rule indicates that automotive glass isthe only category that does not match its CTG counterpart. Therefore, Ohio EPA will modifythe category limitto 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 3745-112 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 consistentwith the exemption as itwas written on page 16ofthe USEPA CTG. Comment27: (C)(1)(c)- The last sentence should be revised to "similartransfer 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 Chapter21 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 ofa miscellaneous industrial adhesive and sealant application process who complies with paragraph (C}{2) in lieu of {C)(1) ofthis 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) ofthis 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 pergallon is needed, in addition to percent by weight, ifgallons 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 Chapter21 Response to Comments August 10, 2010 Page 9 of22

Rule 3745-21·29 "Control Techniques GuidelinesforAutomobiles and Light-Dutvtruck Assembly Coatings." Comment 

### 32: In OAC 3745-21-29 (F)(4) it states that the Protocol isto 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 ofa panel testfor compliance. Is it Ohio EPA's intentto only allow the use of Method 204 for capture efficiency testing orwould the use ofa panel test still be permissible? Could the language in this section be more clear aboutwhattesting is allowed underthis section? (Jeffrey Waid, Honda) Response 

### 32: The panel testfound in the protocol document can be used to determine the capture efficiency. Therefore, the proposed wording has been added to allowfor the testing provided in the protocol document. Comment 

### 33: OAC 3745-21-29 (F)(7) references monitoring requirements and the establishment ofoperating parameters by following the requirements ofOAC 3745-21-15 (H) and (J)(2). While we recognize thatthese requirements are similar to the requirements ofthe Auto MACT, they are notthe same and are in some cases more stringentthan the requirements of40 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 notfound in the Auto MACT. In addition, 40 CFR 63.3165 ofthe Auto MACT clearly states what constitutes a "natural draft opening". Such clarifying language is notfound in the definition of "natural draft opening" for OAC 3745-21-15. Finally, itwould make compliance with these requirements much easierto accomplish for the regulated community ifthey matched requirements that were already in place, ratherthan asking the Auto industry to complywith a set of requirements originally established forthe Wood Furniture Manufacturing Industry. We requestthat OAC 3745-21-29 (F)(7) reference the monitoring and establishment ofoperating parameters in the Auto MACT rather than the requirements ofOAC 3745-21-15. (Jeffrey Waid, Honda) Response 

### 33: The Ohio EPA agrees with the commenterthat the Auto MACTwould 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 Chapter21 Response to Comments August 10, 2010 Page 10 of22

has been deleted and replaced with a reference to the Auto MACT, namely subpart Iill of40 CFR part 63. Comment 34: Ford Motor Company (Ford) appreciates the opportunitytoprovide comments on the draftregulatorylanguage preparedby Ohio EPA fornewandamendedrules in Chapter37 45-21 ofthe OhioAdministrative Code (OAC) 

### as referencedin the December9, 2009 e-mailfrom RobertHodanbosi. Fordsupports the adoption of the recommendedlimits and workpractices incorporatedinto the Control · Techniques Guidelines (September2008) 

### as identifiedin the FederalRegister. The proposednewrules under OAC 3745-21-29 (Control ofvolatile organic compoundemissions from automobile andlight-duty truckassemblycoating operations, heavier vehicle assemblycoating operations, andassociatedfacility coating operations) are consistent with the recommendedlimits generally with perhaps a few exceptions andshouldreplace the previous limits basedon the 1977 CTGpromulgatedat OAC 3745-21-09(C). The comments offeredbelow are intended to help clarifythe proposedrules. Following the comment, the proposedrule language is excerptedandmarked up with suggestedchanges to be more consistent with the "Control Techniques Guidelines forAutomobile and Light-Duty TruckAssembly Coatings", PA-453/R-08-006, September2008[2], hereinaftercalled the 2008Auto CTG, and the Auto Protocolandmore flexible with the Title Vpermittingprogram. The definitions pertaining to OAC 3745-21-29 are incorporated into OAC 3745-21-01 (D)togetherwith the definitions pertaining to several other rules including OAC 3745-21-26 covering miscellaneous metal and plastics parts coating operations. Given the similarterms used in the different rules, one will have to be very careful notto use the wrong term ordefinition, otherwise conflicts could arise. For example, "Final Repair" is differentfrom "Repair Coating." It may be betterto amend OAC 3745-21-01(0) to separate the definitionsfor 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 3745-21-29. In orderto avoid ambiguity with otherterms 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 ofthe new material VOC limits replace thoseRule Package: OAC Chapter21 Response to Comments August 10, 2010 Page 11 of22

limits thatwere 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 applyto facilities subject to OAC 3745-21-29. (A) Applicability. (1) Except asotherwise provided in paragraph (A)(3) ofthis rule, the requirements of paragraphs (B) to (I} this rule shall applyto the following operations atan automobile and light-dutytruck assemblyfacility, a facility that performs these operations on a contractual basis, or a heaviervehicle assembly facility that meetsthe criteria under paragraph (A)(2} ofthis rule in lieu of OAC 3745-21-09(C) orOAC 3745-21-09(U): (a} All primary coatings applied to: (i) New automobile or new light-dutytruck bodies; (ii) Body parts for newautomobiles 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, bedliner, weatherstrip adhesive and lubricating waxes/compounds; and (c) The coating of bodies and/or body parts for new heaviervehicles atan automobile and light-dutytruck assembly facility ora heaviervehicle assembly facility that meet the applicability requirements of rule 3745-21-26 ofthe Administrative Code; however, the owner or operator elects to comply with the requirements ofthis rule in lieu ofthe requirements of rule 3745-21-26 ofthe Administrative Code. (Duane Johnson, Ford Motor Company) Response 35: The commenter makes a good point about transferring the applicability ofVOC limits to a coating operation from one rule to another. Please note thatthe 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) ofthis rule, the requirement to comply with paragraph (C) ofthis rule shall terminate at such time the source becomes subject to and complies with rule 3745-21-29 ofthe Administrative Code."Rule Package: OAC Chapter21 Response to Comments August 10, 2010 Page 12 of22
Also, the introduction to paragraph (U) ofOAC rule 3745-21-09 contains the following newwording: "For any source located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage or Summit County subject to paragraph (U) 

### ofthis rule, the requirement to complywith paragraph (U) ofthis rule shall terminate at such time the source becomes subject to and complies with rule 3745-21-26 ofthe Administrative Code." The above two newly worded paragraphs should be adequate for identifying the properapplication 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 consistentwith the "comment" listed immediately under itto 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) ofthis rule, for combined primer-surfacerand topcoat coating operations, 12.0 pounds ofVOC per gallon ofdeposited solids. [Comment: This is an alternative emission limitation in place ofthe emission limitations separately applicable to primer-surfacer coating operations and topcoat coating operations atthe 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 EPAfeels the comment stands on its own and doesn't necessitate duplicate wording similar to that suggested bythe 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 Chapter21 Response to Comments August 10, 2010 Page 13 of22
(1) The VOC content ofa coating, otherthan a reactive adhesive, shall be determined by the owneroroperator in accordance with paragraph (B) of rule 3745-21-10 ofthe Administrative Code, wherein coating manufacturer's formulation data or USEPA Method 24 procedures (which include various ASTM measurement methods) may be employed. (Duane Johnson, Ford Motor Company) Response 37: Paragraph (8)(4) ofOAC rule 3745-21-10 refers to "coating formulation data from the coating manufacturerand coating user." As such, the coating manufacturer'sformulation data may be used. The recommended clarification is not needed.

Comment 38: Paragraph (F)(2) should be clarified to indicate thatthis 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 ofa reactive adhesive. For reactive adhesives that contain reactive diluents, the VOC content ofthe adhesive is determined afterthe adhesive material finishes curing. The pounds ofVOC per gallon ofadhesive, lesswater 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 adjustmenttoRule Package: OAC Chapter21 Response to Comments August 10, 2010 Page 14 of22

the emission limit was needed to accountfor 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 ofthe emission is made; otherwise no computation should be made. (3) VOC content ofa coating applied by a dip coater (rollin§ thirty Etay calendar month average VOC content). The asapplied VOC content ofa coating applied by a dip coater shall be determined bythe owner oroperator as a rollin§ thirty Etay calendar month average ofthe VOC content ofthe material (coating and thinner) added to the reservoir ofthe dip coater. The rollin§ thirty Etay calendar month average VOC content (C30), expressed in pounds ofVOC per gallon ofcoating, excluding water and exempt solvents, as applied, shall be calculated for each month Gay ofoperation ofthe dip coater as follows: Where: Ai,30 =amountof material i added to the reservoir ofthe dip coater during a thirty Etay calendar month period eonsisting ofthe Etay ofoperation ofthe Etip seater plus the previous tvventy nine ealenEtar Etays, expressed in gallons. Ci,VOC = VOC content of material i expressed in pounds ofVOC per gallon. Vi,solids =volume fraction ofsolids (nonvolatile matter) in material 

### i. Vi,VOC =volume fraction ofVOC in material 

### i. i = subscript denoting a specific material (coating orthinner) added to the reservoir ofthe dip coater during the thirty Etay perioEt calendar month.

n =total number of materials (coatings and thinners) added to the reservoir ofthe 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) ofthis rule shall be determined each dayofoperation in accordance with the publication entitled "Protocol for Determining the Daily Volatile Organic Compound Emission Rate ofAutomobile and Light-DutyTruck Primer-Surfacer and Topcoat Operations" (EPA-453/R-08-002). Compliance with the limitation specified in paragraph (C)(1 )(a) ofthis rule shall be determined each Elay-£alendar month ofoperation and is based upon a weighted average byvolume ofall 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) ofthis rule is based upon a weighted average by volume ofall coating materials employed in the coating operation in any one day. (Duane Johnson, Ford Motor Company)Rule Package: OAC Chapter21 Response to Comments August 10, 2010

Response 39: Page 15 of22

The commenter is correctthat the averaging time for electrostatic dip coating underthe Auto NSPS is monthly. Also, under paragraph (C)(2)(a) ofOAC rule 3745-21-29, the solids turnover ratio, which determines the applicable limit, is a monthly value. As such, the determination ofcompliance for the electrostatic dip primer coating is a monthly determination. However, for any other dip coating, the determination ofcompliance 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 orderto avoid ambiguity regarding the electrostatic dip primer coating and other types ofdip 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 ofcompliance is established within the protocol document, wherein monthly coating usage is prorated to a day based upon the type ofvehicle coated and the type/color ofvehicle coating. Comment40: Paragraph (F)(7), describing the required monitoring requirements for add-on control equipment when used to meetthe 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) ofthis rule, the owneroroperator shall: (a) Meetthe 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 ofthe /\drninistrotive 

### GaGe; and (b) Conduct a compliance test to determine the capture efficiency ofa capture system, the control efficiency ofa control device (or each control device ifa combination ofcontrol 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 ofthe Administrative Code wherein USEPA Method 25 or25A shall be used for determining the concentration ofVOC 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 theRule Package: OAC Chapter21 Response to Comments August 10, 2010 Page 16 of22
requirements contained in the "Protocol for Determining the Daily Volatile Organic Compound Emission Rate ofAutomobile 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 bythe owner oroperator ofa 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 subjectto the add-on pollution control equipment requirements of paragraph (D). (2) For any coating operation subject to paragraph (C) ofthis 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 ofcoating, as identified under paragraph (C) ofthis rule. (b) All data, calculations, and test results (including USEPA Method 24 results) used in determining the VOC content ofeach coating, expressed in pounds of VOC per gallon ofcoating, excluding waterand exempt solvents, as applied. (c)The amount (gallons) ofeach coating used each month atthe facility. (d) For each EDP primer coating operation, calculate the turnover ratio (RT) when used to adjust the EDP emission limit as described in paragraphRule Package: OAC Chapter21 Response to Comments August 10, 2010
(C)(1)(a)(ii) or (iii), bythe following equation: Page 17of22

Then calculate orselect the appropriate limit according to paragraph (C)(1 )(a) of this rule. (e) For any coating operation subjectto the add-on pollution control equipment requirements ofparagraph (D) ofthis rule: (i) Identification ofthe coating line orcoating operation. (ii) Documentation on the overall control efficiency ofeach individual add-on pollution control equipment and the overall control efficiency ofthe add-on pollution control system, including design estimates and the results of compliance tests conducted pursuant to paragraph (F)(7) ofthis rule. (iii) For any coating that is controlled by add-on pollution control equipment, the name ofthe coating, the dates (ortime periods) ofcontrol, and the amount (gallons) ofsuch coating controlled each month. (f) Records pertaining to a rolling thirty day calendar month average VOC contentfor a dip coater: (i) For each day ofoperation, the gallons ofeach material (coating and thinner) added to the dip coater reservoir. (ii) The VOC content (in pounds ofVOC per gallon), volume fraction VOC, and volume fraction solids for each material added to the dip coater reservoir. (iii) For each calendar month €layofoperation, the rolling thirty day average VOC content in pounds ofVOC per gallon ofcoating, excluding water and exempt solvent, as applied, as determined in aooordanoe with paragraph (P:)(3) ofthis**rt~le.** (Duane Johnson, Ford Motor Company) Response 41: The Ohio EPA agrees with the additional wording suggested bythe 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 ofcompliance for dip coating, other than the electrostatic dip primer.Rule Package: OAC Chapter21 Response to Comments August 10, 2010


### Comment42: Page 18 of22

Paragraphs (H) and (I) describethe 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 oroperator ofa coating operation that is subject to this rule shall comply with the requirements ofthis rule no laterthan the following dates: (a) Forany subject coating operation forwhich installation commenced before the effective date ofthis rule, the compliance datefor the coating operation is eithertwelve months afterthe effective date ofthis rule orthe date ofinitial startup ofthe coating operation, whichever is later. (b) For any subject coating operation forwhich installation commenced on or afterthe effective date ofthis rule, the compliance date forthe coating operation isthe initial startup date ofthe coating operation. (2) The owner oroperator ofa coating operation that is subject to this rule shall demonstrate compliance with paragraph (G)(2)(e) ofthis rule by testing the control device on each subject source in accordance with paragraph (G)(2)(e) ofthis rule according to the following: (a) Foranyowner oroperator ofa coating operation subject to paragraph (H)(1)(a) ofthis rule, by no laterthan ninety 

### one hundred eighty days afterthe process's compliance date. In aEIEiition, the Ohio environR'lental proteotion a!jency R'lay acceptthe res1o1lts ofan oR'lission test**conEI~oJoteEI** priorto the effootive Elate of this**r~oJie,** ifthe owner oroperator provisos infoFR'lation ana Elata 

### to the Ohio environR'lental protection a!Jenoy which EleR'lonstrate that the test 'Nas witnesses bythe Ohio environR'lental protection a!Jenoy or its Sele!jateEI a!Jent, that an approves USEPA oR'lission test R'lethoEI was eR'lployeEI, ana thatthe operation of the process was consistent with the c1o1rrent operatin!l conEiitions ana operatin!J capacity. (b) For any owner oroperator ofa coating operation subject to paragraph (H)(1 )(b) ofthis rule, within one hundred eighty days afterthe coating operation's compliance date.Rule Package: OAC Chapter21 Response to Comments August 10, 2010 Page 19 of22 

### ,{£1 The Ohio environmental protection agency mayaccept the results of emission testing conducted prior to the effective date ofthis rule, ifthe owner or operator provides information and data to the Ohio environmental protection agencywhich 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 ofthe process was consistent with the current operating conditions and operating capacity. In addition. the Ohio environmental protection agency mayaccept a compliance demonstration provided by the owner or operator consistent with the source's existing Title V operating permit. (3) Additional testing ofa subject coating operation and its VOC add-on air pollution control equipment in accordance with paragraph (G)(2)(e) ofthis rule may be required bythe directorto ensure continued compliance. (I) Requirements on applicability notification, compliance certification and permit requirements. (1) The owner oroperator ofa coating operation that is subject to this rule with an initial startup date before the effective date ofthis rule shall notifythe 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 laterthan sixty days after the effective date ofthis rule (orwithin sixty days afterthe coating operation becomes subject to this rule), shall provide the following information: (a) Name and address ofthe owner or operator; (b) Address (i.e., physical location) ofthe facility; (c) Equipment description and Ohio EPA application number (if assigned) ofthe subject process; (d) Identification ofthe VOC emission requirement, the means ofcompliance, and the compliance dateforthe subject process; (e) Submission ofan application for an operating permit or an application for a modification to an operating permit in accordance with Chapter 3745-77 ofthe Administrative Code (for sources subject to the Title V permit program) or in accordance with Chapter 3745-31 ofthe 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) Thatdoes possess an effective operating permit and the owner or operateRule Package: OAC Chapter21 Response to Comments August 10, 2010 Page 20of22

cannot certify in writing to the directorthat such subject process is in compliance with all requirements ofthis rule. An application for an operating permit is not required provided the subject process is operating underan effective permit and certifies compliance. Such certification shall include all compliance certification requirements under paragraph (1)(3) ofthis rule. As an alternative, the compliance certification may be made as part ofthe current Title V compliance certification requirements. (Duane Johnson, Ford Motor Company) Response 42: For compliance testing ofadd-on control equipmentfor a coating operation having a compliance date under paragraph (H)(1)(a) ofOAC rule 3745-21-29, the compliance testing deadline specified under paragraph (H)(2)(a) has been changed to 180 daysfrom 90 days. This would be consistentwith 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'sTitle V permitwas 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 ofa Title V permitwas 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 ofa reactive adhesive, that is an adhesive in which volatile monomer reacts during the adhesive's curing operation. The draftwording was based upon a SCAQMD rule. The wording ofthis paragraph has been revised to specify the analytical test procedure in appendix A to subpart PPPP of40 CFR part 63, which is based upon the industrial adhesives CTG.Rule Package: OAC Chapter21 Response to Comments August 10, 2010 Page 21 of22
Paragraph (F)(3) provides the determination ofa rolling 30-day average VOC contentfor a dip coating operation. The draftwording and equation were based upon rulesfound in the Indiana and Pennsylvania SIPs that allow a rolling 30-day average, instead ofa daily average, for a dip coating operation due to practical difficulties ofallocating the intermittent addition ofVOC to a specific day because such VOC is notdirectly applied to a part, as in a spray coating operation. The wording ofthis paragraph has been revised to provide a determination ofa rolling 30-day average VOC contentfor a dip coater that is not an EDP primer coating operation and the determination ofa monthly average VOC contentfor 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 ofsolids, the equation forthe determination ofa monthly average VOC content is based upon the monthly summation ofall VOC added to the EDP primertank divided bythe monthly summation ofall solids added to the EDP primer tank. Because the VOC emission limitfora dip coater that is notan EDP primer coating operation is expressed in pounds VOC per gallon ofcoating, excluding water and exempt solvents, the equation for the determination ofa rolling 30-day average VOC content is based upon the rolling 30-day summation ofall VOC added to the dip tank divided by the rolling 30-day summation ofall solids and VOC added to the dip tank.

Comment44: (G)(2)- compliance with (C)(1)(b) and (C)(1)(f) is based on a dailyweighted average. Therefore, the dailyvolume 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 subjectto 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 ofcleaning solvent used must also be considered. (Steve Rosenthal, U.S. EPA) Response 45:Rule Package: OAC Chapter21 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 ofAir Pollution Control Response to Comments Proposed Rule Language Comment Period
Rule: OAC Chapter 3745-21 - VOC RACT Phase Ill Agency Contact forthis 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 ofthe 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 ofthe commenterfollows the comment in parentheses.

Rule 3745-21-01 "Definitions" Comment 1: Thefollowing definitions should be added to Rule 3745-21-01 ofthe 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 ofthe screen for other production runs. "Screen Printing: is a process in which the printing ink passesthrough a web or a fabric to which a refined form ofstencil has been applied. The stencil openings determine the form and dimensions ofthe imprint."Rule Package: OAC Chapter21 Response to Comments February22, 2011 Page 2of7

"Digital Printing: A print-on-demand method of printing in which an electronic output devicetransfers variable data, in the form ofan image, from a computer to a variety ofsubstrates. 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 definitionsfor "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 limitfor the cleaning of ink application equipment for screen printing operations of6.4 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 ofthis proposed limit, SGIA recommends thattwo separate limits be established for solvent usage by screen printing facilities recognizing the different uses: Foron press cleaning: 6.4 lbs/gallon Forscreen 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 of6.4 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 ofthis control measure is only an EPA recommendation, SGIA strongly suggests that the Ohio EPA include this measure as a control option forall industrial applications. Inclusion ofthis control measure aligns Ohio's proposal with that ofother statesRule Package: OAC Chapter21 Response to Comments February22, 2011 Page 3of7

that have incorporated the provisions ofthis CTG into their air pollution control standards. (Marcia Y. Kinter, Specialty Graphic Imaging Association(SGIA)) Response 3: Paragraph (C)(6)(a) ofthis rule specifies an alternative compliance option for the use ofa material with a specific composite vapor pressure limit. Specifically, a facility may use solvents or solvent solutionsfor industrial cleaning operations which have a VOC composite partial pressure of lessthan or equal to 8 mm of mercury at20 degrees Celcius. Comment4: As the CTG is nottechnically considered a regulation, and so that this burgeoning technology is not crippled, SGIA urgesthe 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 ofa 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) ofthis 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 ofOAC 3745-21-28, PIANKO requests thatthe OEPA include graphic arts sources in the list ofexempt 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 underthe applicability section.Rule Package: OAC Chapter21 Response to Comments February22, 2011 Page 4 of7
Page 4 ofthe 2008 CTG for miscellaneous industrial adhesives states:**~'Tl!e.J!li~~<;ll.ap~O_IJ$**itcd.lll!i!i?laftp"c'ive_sp;-odp9t_**C?~eggry_ d_oi'~** I)Ot**includea~~e~Y_e!l**th_a! are addressedbyCTGs already issuedforcategories listed underCAA Section 183(e) or byearlierCTGs. These include the CTGsissued under Section 183(e)for aerospace coatings; metal furniture coatings; largeappliance coatings;.flatwood panelingcoatings; paper, film, and foil .coati11gs; offsetlithographic printingandletterpressprinting; and flexible packageprinting, Coil.cqating,**fabri~**goatil)g,**ft!'clD!~bQr}i!1'**ma!lu(agtut:i!lg

. were.nqtlistedunderCAA Section 183(e), however, theywerdhe.subject.ofearlier CTGswhich address adhesivesusedin those processes.':

__ Additionally,the 2008 CTG is based on guidelines issued irtthe October 8, 2008 Federal RegisterVoL73,No. 195. Page 58482 ofthat Federal Registercontains a chart describing the Miscellaneous Industrial Adhesive category as follows.: Category NA!CScode Examples ofaffected entities Miscellaneous industrial adhesives 316, 321, 326, 331' 332,333, Facilities1hatmanufactureand-repair**334~** 336. 337, 339,482, 81.1. leatherand 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 anyothergraphic arts operations are identified.eitherby NAICS .code, or by example. The adhesives used in graphic arts operationswere notstudied by EPAas the intentofthe rule was to.specifically not includetheme
It is clearthat lithographic and letterpress printing, flexible packaging and other graphicarts 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, thefollowing exemption should be added to Section (A): (3) Adhesives used in lithographic, letterpress, digital, and flexographic printing operations are not subjectto 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 rubbertire manufacturing.Rule Package: OAC Chapter21 Response to Comments February22, 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 NOxfrom 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. Subsequentto Ohio EPA's review ofthe NOx RACT December 12, 2008 report, the Ohio EPA issued an April29, 2009 response stating that "Ohio EPA approves ofthis 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 deviatefrom 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 ofthe 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 Chapter21 Response to Comments February22, 2011 · Response 7: Page 6 of7

The Ohio EPA agreeswith the commenter. Therefore, the suggested revisions will be made to the rule. Comment 8: The January 3, 2011 draft amendments ofOAC rule 3745-110 (L), incorrectly propose to reduce the existing NOx limitation, applicable to the natural gasfired, 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 3745-110-03(1)4),a BAT determination ofthis vintage (within five years prior to 12-22-07) presumptively satisfies NOx RACT. Ohio EPA'sApril 29, 2009 letter (Appendix A) acknowledged that ArcelorMittal proposed a RACT limit of0.23 lb/MMBtu and confirmed that additional emission control measuresfor 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 limitfor P071. In support ofthis 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 of0.19 lbs NOx/MMBtu and a twenty percent contingency. A recent stack test in 2007 confirmed compliance with the BAT NOx rate by testing at0.15 lb/MMBtu. Both ofthese stack tests are valid for the current operating configuration for P071. Thus, the source has demonstrated variability of0.15 to 0.191b/MMBtu for NOx. To ensure that NOx RACT is achievable underall operating conditions, Ohio EPA must consider all ofthe valid NOx data. Thus, NOx RACT is appropriately based on the highertested emission rate plus a margin ofsafety. This is howthe 0.231b/MMBtu NOx BATwas established in the 2005 PTI. Therefore, Ohio EPA has strong supportforaccepting the presumption that BAT constitutes NOx RACTforthis 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 Chapter21 Response to Comments February22, 2011

Comment 9: Page 7of7

The proposed rule amendments in OAC 3745-110-03(L) include the following emission units that do not have stacks capable ofbeing tested with approved U.S.EPAtest 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 orotherwise, that stack testing ofthese sources is not required. Compliance demonstrationsforthese units should be based on the use ofnatural gasfuel 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 notaware 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 methodologyforthese sources would be defined in the facilities valid operating (i.e., Title V) permit.

End of Response to Comments