John R. Kasich, Governor 

Mary Taylor, Lt. Governor 

Craig W. Butler, Interim Director 

JUL 2 12014 

Ms. Susan Hedman 

Regional Administrator 

U.S. EPA Region 5 

77 W. Jackson Blvd. 

Chicago, IL 60604 

Re: Request to Withdraw and Replace Ohio's General Conformity SIP 

Dear Administrator Hedman: 

Please accept this letter as Ohio's formal request to withdraw our existing General Conformity 

State Implementation Plan (SIP) and replace it with the federal requirements in 40 CFR Part 

93. 

Background 

As part of the Clean Air Act (CAA) amendments of 1990, the federal government established 

requirements in section 176, paragraph (c)(4)(C) stating that a state must submit a plan for SIP 

revision that includes criteria and procedures for assessing general conformity. The language 

in the CAA was codified by US EPA in 40 CFR 51.851. Paragraph (a) of this section also 

required states to submit a General Conformity SIP. Ohio submitted rules in chapter 3745-102 

of the Ohio Administrative Code (OAC) for inclusion into our SIP to fulfill these requirements. 

The rules were accepted into Ohio's SIP in May, 1996 (61 FR 9646). 

In August 2005, Congress passed the Safe, Accountable, Flexible, Efficient Transportation 

Equity Act: A Legacy for Users (SAFETEA-LU) which eliminated the requirement for States to 

adopt and submit General Conformity SIPs. SAFETEA-LU removed the language in Section 

176(c)(4)tC) of the CAA, eliminating the requirements for states to maintain a General 

Conformity SIP. · 

50 West Town Street"' Suite 700 fli P.O. Box 1049 *Columbus, OH 43216-1049 

www.epa.ohio.gov • (614) 644-3020 • (614) 644-3184 (fax) 

In April, 2010, US EPA promulgated changes to 40 CFR 51.851 to address the SAFETEA-LU 

changes. The language in paragraph (a) of the section was changed from "must" to "may", 

thereby eliminating the need for states to maintain a General Conformity SIP. Based on these 

reasons, Ohio is submitting this letter requesting withdrawal of our General conformity SIP. 

Rules to be withdrawn 

Ohio's General Conformity SIP consists of six rules, all located in the OAC. These rules are: 

3745-102-01 -"Purpose" 

3745-102-02- "Definitions" 

3745-102-03- "Applicability" 

3745-102-04 - "Conformity Analysis, Reporting Requirements, Public Participation and 

Consultation" 

3745-102-05- "Conformity Determinations" 

37 45-102-06 - "Mitigation of Air Quality Impacts" 

OAC rules 3745-102-01, and 3745-102-03 to 3745-102-06 have state effective dates of August 

21, 1995 and federal effective dates of May 10, 1996. OAC rule 3745-102-02 has a state 

effective date of February 16, 1999 and a federal effective date of July 31, 2000. 

These rules are equivalent and essentially identical to the federal requirements in 40 CFR Part 

93, Subpart B with the exception of some minor changes to make them state specific to Ohio. 

Ohio EPA is requesting that the rules in OAC Chapter 3745-102 be removed from our SIP and 

replaced with the Federal requirements. This letter should meet the requirements in 40 CFR 

Part 51, Appendix V, Section 2.1 (a): a "formal letter of submittal from the Governor or the 

Governor's designee, requesting EPA approval of the plan or revision." 

Article One addresses the following two requirements: 

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

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

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

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

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

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

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

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

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

/document signed, stamped, and dated by the appropriate State official indicating that it is 

fully enforceable by the State. The effective date of the regulation/document shall, 

whenever possible, be indicated in the document itself. 

Certified copies of the 6 rules, in redline and strikeout, are being submitted for approval and 

incorporation by reference into the plan. The copies are included as evidence that the State 

has adopted the body of regulations in final form. This submittal includes copies of the official 
I 

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I 

I 

I 

I 

I 

I 

I 

I 
State regulations signed, stamped, and dated by the appropriate State official indicating that 

they are fully enforceable by the State. The effective date of each regulation is indicated in the 

document itself. Please consider that Ohio has an electronic rule filing system and all 

certifications/signatures of regulations are done electronically. 

Article Two addresses the following requirement: 

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

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

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

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

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

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

implement the plan. 

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

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

ORC can be provided upon request. 

Article Three addresses the following requirements: 

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

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

and constitution in conducting and completing the adoption/issuance of the plan. 

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

Evidence that public notice was given of the proposed change consistent with procedures 

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

Ohio EPA has included a narrative and several attachments as evidence that the State 

followed all of the procedural requirements of the State's laws and constitution in conducting 

and completing the adoption/issuance of the plan. 

Article Four 

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

Certification that public hearings(s) were held in accordance with the information 

provided in the public notice and the State's laws and constitution, if applicable. 

A copy of the transcript from the public hearing has been provided as certification that a public 

hearing was held in accordance with the information provided in the public notice and the 

State's laws and constitution, if applicable. 

Article Five 

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

Compilation of public comments and the State's response thereto. 

Copies of the Response to Comments documents for both the draft language and proposed 

language comment periods are attached. 

Ohio EPA asks that the above mentioned rules be rescinded from Ohio's SIP. 

Ohio EPA will also provide U.S. EPA an exact duplicate electronic version of this submittal. 

Details about where to access the electronic copy will be provided in a subsequent e-mail 

message. 

Please contact Bob Hodanbosi if you have any questions about this submittal. 

Sincerely, 

~~~\,- Craig W. Butler 

Director, Ohio Environmental Protection Agency 

cc: Bob Hodanbosi, Chief Division of Air Pollution Control 

Attachment 

Article I 

Certified Copy of Rules 

TO BE RESCINDED 

3745-102-01 Purpose. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal rules, and federal statutory provisions 

referenced in this rule, see the last paragraph of rule 3745-102-02 of the Administrative 

Code titled "Incorporation by reference."] 

(A) The purpose of this chapter is to implement Section 176(c) of the CAA and 

regulations under 40 CFR Part 51, Subpart W, with respect to the conformity of 

general federal actions to the applicable implementation plan. Under those 

authorities, no department, agency or instrumentality of the federal government 

shall engage in, support in any way or provide financial assistance for, license or 

permit, or approve any activity which does not conform to an applicable 

implementation plan. This chapter sets forth policy, criteria, and procedures for 

demonstrating and assuring conformity of such actions to the applicable 

implementation plan. 

(B) Under Section 176( c) of the CAA and 40 CFR Part 51, Subpart W, a federal agency 

shall make a determination that a federal action confonns to the applicable 

implementation plan in accordance with the requirements of this chapter before the 

action is taken. 

(C) The preceding sentence does not include federal actions where either: 

(!) A National Environmental Policy Act of 1969 analysis was completed as 

evidenced by a final environmental assessment, environmental impact 

statement, or finding of no significant impact that was prepared prior to 

January 31, 1994; or 

(2) 

(a) Prior to January 31, 1994, an environmental assessment was commenced 

or a contract was awarded to develop the specific environmental 

analysis; 

(b) Sufficient environmental analysis is completed by March 15, 1994, so that 

a federal agency may determine that the federal action is in conformity 

with the specific requirements and the purposes of the applicable 

implementation plan pursuant to the agency's affirmative obligation 

under Section 176(c) of the CAA; and 

(c) A written determination of conformity under Section 176(c) of the CAA 

\:\1 
3745-102-01 TO BE RESCINDED 2 

has been made by the federal agency responsible for the federal action 

by March 15, 1994. 

(D) Notwithstanding any provision of this chapter, a determination that an action is in 

conformity with the applicable implementation plan does not exempt the action 

from any other requirements of the applicable implementation plan, the National 

Environmental Policy Act of 1969, or the CAA. 
3745-102-01 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

TO BE RESCINDED 

06112/2014 

03/20/2014 

119.03 

3704.03(E) 

3704.03(A), 3704.03(E) 

8/21/95, 1113/06 

3 

TO BE RESCINDED 

3745-102-02 Definitions. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal rules, and federal statutory provisions 

referenced in this rule, see the "Incorporation by Reference" paragraph at the end of this 

rule.] 

(A) Terms used but not defined in this chapter shall have the meaning given them by the 

CAA and USEP A's regulations, in that order of priority. Except as otherwise 

provided in this rule, the definitions in rule 3745-15-01 of the Administrative Code 

shall apply to this chapter. 

(B) As used in Chapter 3745-102 of the Administrative Code: 

(I) "Affected federal land manager" means the federal agency or the federal official 

charged with direct responsibility for management of an area designated as 

Class I under 42 USC 7472 that is located within one hundred kilometers of 

the proposed federal action. 

(2) "Applicable implementation plan" means the portion or portions of the state's 

implementation plan, or most recent revision thereof, which has been 

approved under Section II 0 of the CAA , or promulgated under Section 

II 0( c) of the CAA , or promulgated or approved pursuant to regulations 

promulgated under Section 301(d) of the CAA and which implements the 

relevant requirements of the CAA. 

(3) "Areawide air quality modeling analysis" means an assessment on a scale that 

includes the entire nonattainment or maintenance area, which uses an air 

quality dispersion model to determine the effects of emissions on air quality. 

(4) "CAA " means the Clean Air Act as amended November 15, 1990; 42 USC 

7401 to 7671q .. 

(5) "Cause or contribute to a new violation" means a federal action that: 

(a) Causes a new violation of a national ambient air quality standard at a 

location in a nonattainment or maintenance area which would otherwise 

not be in violation of the standard during the future period in question if 

the federal action were not taken; or 

(b) Contributes, in conjunction with other reasonably foreseeable actions, to a 

new violation of a national ambient air quality standard at a location in 

)!); 
3745-102-02 TO BE RESCINDED 2 

a nonattainment or maintenance area in a manner that would increase 

the frequency or severity of the new violation. 

(6) "Caused by", as used in the terms "direct emissions" and "indirect emissions," 

means emissions that would not otherwise occur in the absence of the federal 

action. 

(7) "CERCLA" means the Comprehensive Environmental Response, 

Compensation, and Liability Act, contained in 42 USC 9601 to 9675 .. 

(8) "CO" means carbon monoxide. 

(9) "Criteria pollutant or standard" means any pollutant for which there IS an 

established national ambient air quality standard at 40 CFR Part 50. 

(1 0) "Direct emissions" means those emissions of a criteria pollutant or its 

precursors that are caused or initiated by the federal action and occur at the 

same time and place as the action. 

( 11) "Emergency" means a situation where extremely quick action on the part of 

the federal agencies involved is needed and where the timing of such federal 

activities makes it impractical to meet the requirements of this chapter, such 

as natural disasters like hurricanes or earthquakes, civil disturbances such as 

terrorist acts, and military mobilizations. 

(12) "Emissions budgets" means those portions of the total allowable emissions 

defined in a USEP A-approved revision to the applicable implementation plan 

for a certain date for the purpose of meeting reasonable further progress 

milestones or attainment or maintenance demonstrations, for any criteria 

pollutant or its precursors, specifically allocated by the applicable 

implementation plan to mobile sources, to any stationary source or class of 

stationary sources, to any federal action or class of action, to any class of area 

sources, or to any subcategory of the emissions inventory. The allocation 

system shall be specific enough to assure meeting the criteria of Section 

176(c)(l)(B) of the CAA. An emissions budget may be expressed in terms of 

an annual period, a daily period, or other period established in the applicable 

implementation plan. 

(13) "Emission offsets" for the purposes of paragraph (B) of rule 3745-102-05 of 

the Administrative Code, means emissions reductions which are quantifiable, 

consistent with the applicable implementation plan attainment and reasonable 

further progress demonstrations, surplus to reductions required by and 
3745-102-02 TO BE RESCINDED 3 

credited to other applicable implementation plan provisions, enforceable 

under both state and federal law, and permanent within the time frame 

specified by the program. Emissions reductions intended to be achieved as 

emissions offsets under this chapter shall be monitored and enforced in a 

manner equivalent to that under USEPA's new source review requirements. 

(14) "Emissions that a federal agency has a continuing program responsibility for" 

means emissions that are specifically caused by an agency carrying out its 

authorities, and does not include emissions that occur due to subsequent 

activities, unless such activities are required by the federal agency. Where an 

agency, in performing its normal program responsibilities, takes actions itself 

or imposes conditions that result in air pollutant emissions by a non-federal 

entity taking subsequent actions, such emissions are covered by the meaning 

of a continuing program responsibility. 

(15) "Facility" means any building, structure, roadway, installation, operation, or 

combination thereof. 

(16) "Federal action" means any activity engaged in by a department, agency or 

instrumentality of the federal government, or any activity that a department, 

agency or instrumentality of the federal government supports in any way, 

provides financial assistance for, licenses, permits, or approves, other than 

activities related to transportation plans, programs, and projects developed, 

funded, or approved under Title 23 of the United States Code or the Federal 

Transit Act, contained in 49 USC 53. Where the federal action is a permit, 

license, or other approval for some aspect of a non-federal undertaking, the 

relevant activity is the part, portion, or phase of the non-federal undertaking 

that requires the federal permit, license, or approval. 

(17) "Federal agency" means, for purposes of this chapter, a federal department, 

agency, or instrumentality of the federal government to the extent that it is 

engaging in, supporting in any way or providing financial assistance for, 

licensing or permitting, or approving an action in the state of Ohio. 

(18) "Increase the frequency or severity of any existing violation of any standard in 

any area" means to cause a nonattainment area to exceed a standard more 

often, or to cause a violation at a greater concentration than previously 

existed or would otherwise exist during the futnre period in question if the 

project were not implemented. 

(19) "Indirect emissions" means those emiSSIOns of a criteria pollutant or its 

precursors that: 
3745-102-02 TO BE RESCINDED 4 

(a) Are caused by the federal action, but may occur later in time or may be 

farther removed in distance from the action itself but are still reasonably 

foreseeable; and 

(b) The federal agency can practicably control and will maintain control over 

due to a continuing program responsibility of the federal agency. 

(20) "Local air agency" means an agency that has been delegated air pollution 

control responsibilities by the director pursuant to Section 3704.03 of tbe 

Revised Code. 

(21) "Local air quality modeling analysis" means an assessment of localized 

impacts on a scale smaller than the entire nonattainment or maintenance area, 

including, for example, congested roadway intersections and highways or 

transit terminals, which uses an air quality dispersion model to determine the 

effects of emissions on air quality. 

(22) "Maintenance area" means any geographic region of the United States 

previously designated nonattainment pursuant to the CAA and subsequently 

redesignated to attainment subject to the requirement to develop a 

maintenance plan under Section l75A of the CAA. 

(23) "Maintenance plan" means a revision to the applicable implementation plan, 

meeting the requirements of Section l75A of the CAA. 

(24) "Metropolitan planning organization" or "MPO" means that organization 

designated as being responsible, together with the state, for conducting the 

continuing, cooperative, and comprehensive planning process under 23 USC 

134 and 49 USC 5303 within the MPO boundary as recognized by the 

governor of Ohio. 

(25) "Milestone" has the meaning given in Sections 182(g)(l) and 189( c )(1) of the 

CAA. A milestone consists of an emissions level and the date on which it is 

required to be achieved. 

(26) "National ambient air quality standards" or "NAAQS" means those standards 

established pursuant to Section 109 of tbe CAA and include standards for 

CO, Pb, N0

2

, ozone, PM

10 

and S0

2 • 

(27) "NEPA" means the National Environmental Policy Act of 1969, contained in 

42 USC 4321 to 4370(f). 
3745-102-02 TO BE RESCINDED 5 

(28) "Nonattainment area" or "NAA'' means any geographic area of the United 

States which has been designated as nonattainment under Section 107 of the 

CAA and described in 40 CFR Part 81. 

(29) "NO " means oxides of nitrogen. X 

(30) "N0

2

" means nitrogen dioxide. 

(31) "Ph" means lead. 

(32) "PM " means particulate matter with an aerodynamic diameter less than or IQ . equal to ten microns. 

(33) "Precursors of a criteria pollutant" means: 

(a) For ozone: NO , unless an area is exempted from NO requirements under 

Section 182(f) of the CAA, and volatile organic x compounds (VOC); 

and 

(b) For PM : those pollutants described in the PM nonattainment area 

applicJgle implementation plan as significant colliributors to the PM

10 levels. 

(34) "Reasonably foreseeable emissions" means projected future indirect emissions 

that are identified at the time the conformity determination is made; the 

location of such emissions is known to the extent adequate to determine the 

impact of such emissions; and the emissions are quantifiable, as described 

and documented by the federal agency based on its own information and after 

reviewing any information presented to the federal agency. 

(35) "Regionally significant action" means a federal action for which the direct and 

indirect emissions of any pollutant represent ten per cent or more of a 

nonattainment or maintenance area's emissions inventory for that pollutant. 

(36) "Regional water or wastewater projects" include construction, operation, and 

maintenance of water or wastewater conveyances, water or wastewater 

treatment facilities, and water storage reservoirs which affect a large portion 

of a nonattainment or maintenance area. 

(3 7) "Total of direct and indirect emissions" means the sum of direct and indirect 
3745-102-02 TO BE RESCINDED 6 

emissions increases and decreases caused by the federal action; i.e., the "net" 

emissions considering all direct and indirect emissions. The portion of 

emissions which are exempt or presumed to conform under paragraph (C), 

(D), (E) or (F) of rule 3745-102-03 of the Administrative Code are not 

included in the "total of direct and indirect emissions" except as provided in 

paragraph (J) of rule 3745-102-03 of the Administrative Code. The "total of 

direct and indirect emissions" includes emissions of criteria pollutants and 

emissions of precursors of criteria pollutants. The segmentation of projects 

for conformity analyses when emissions are reasonably foreseeable is not 

pennitted by this chapter. 

(38) "USEPA" means the United States environmental protection agency. 

(39) "VOC" means volatile organic compound as defined in paragraph (B)(6) of 

rule 3745-21-01 of the Administrative Code. 

(C) Incorporation by reference. This chapter includes references to certain matter or 

materials. The text of the incorporated materials is not included in the regulations 

contained in this chapter. The materials are hereby made a part of the regulations in 

this chapter. For materials subject to change, only the specific version specified in 

the regulation are incorporated. Material is incorporated as it exists on the effective 

date of this rule. Except for subsequent annual publication of existing (unmodified) 

Code of Federal Regulation compilations, any amendment or revision to a 

referenced document is not incorporated unless and until this rule has been 

amended to specify the new dates. 

(1) Availability. The materials incorporated by reference are available as follows: 

(a) Clean Air Act. Information and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." The full text of the Act as amended in 

1990 is also available in electronic format at www.epa.gov/oar/caa!. A 

copy of the Act is also available for inspection and copying at most 

public libraries and "The State Library of Ohio." 

(b) Code of Federal Regulations. Information and copies may be obtained by 

writing to: "Superintendent of Documents, Attention: New Orders, PO 

Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is 

also available in electronic format at www.access.gpo.gov/nara!cfr/. 

The CFR compilations are also available for inspection and copying at 

most public libraries and "The State Library of Ohio." 

(c) Compilation of air pollutant emission factors, AP-42. Infonnation and 
3745-102-02 TO BE RESCINDED 7 

copies may be obtained by writing to: "Superintendent of Documents, 

Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The 

full text of the compilation of air pollutant emission factors, AP-42, is 

also available in electronic format at 

http://www.epa.gov/ttn/chief/ap42/index.html. The compilation of air 

pollutant emission factors, AP-42, are also available for inspection and 

copying at most public libraries and "The State Library of Ohio." 

(d) Comprehensive Environmental Response, Compensation, and Liability 

Act. Information and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." The full text of the Act as amended in 

1980 is also available in electronic format at 

http://www4.law.comell.edu/uscode/. A copy of the Act is also 

available for inspection and copying at most public libraries and "The 

State Library of Ohio." 

(e) a.Federal Register. Infonnation and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." It is also available in electronic format at 

http://www.gpoaccess.gov/naralindex.html. A copy of the Register is 

also available for inspection and copying at most public libraries and 

"The State Library of Ohio." 

(f) Federal Transit Act. Information and copies may be obtained by writing 

to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." The full text of the Act as amended in 

1998 is also available in electronic format at 

http:/ /www4.law.cornell.edu/uscode/. A copy of the Act is also 

available for inspection and copying at most public libraries and "The 

State Library of Ohio." 

(g) National Environmental Policy Act. Information and copies may be 

obtained by writing to: "Superintendent of Documents, Attn: New 

Orders, PO Box 371954, Pittsburgh, PA 15250-7954." A copy of the 

Act is also available for inspection and copying at most public libraries 

and "The State Library of Ohio." 

(h) United States Code. Information and copies may be obtained by writing 

to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." The full text of the United States Code is 

also available in electronic format at 

http:/ /www4.law.comell.edu/uscode/. The USC compilations are also 

available for inspection and copying at most public libraries and "The 
3745-102-02 TO BE RESCINDED 8 

State Library of Ohio." 

(2) Incorporated materials 

(a) 23 USC 134; "Metropolitan Planning;" published January 19, 2004 in 

Supplement III of the 2000 Edition of the United States Code; as 

amended August 10, 2005; Pub. L. 109-59, Sec. 6001(a), 119 Stat. 

1839. 

(b) 40 CFR Part 50; "National primary and secondary ambient air quality 

standards;" as published in the July 1, 2005 Code of Federal 

Regulations. 

(c) 40 CFR Part 51, Appendix W; "Guideline on Air Quality Models;" 70 FR 

68228, November 9, 2005. 

(d) 40 CFR Part 51, Subpart W; "Determining Conformity of General Federal 

Actions to State or Federal Implementation Plans;" 58 FR 63247, Nov. 

30, 1993. 

(e) 40 CFR Part 81; "Designation of areas for air quality planning purposes;" 

as published in the July 1, 2005 Code of Federal Regulations. 

(f) 40 CFR Part 93, Subpart A; "Conformity to State or Federal 

Implementation Plans of Transportation Plans, Programs, and Projects 

Developed, Funded or Approved Under Title 23 U.S.C. or the Federal 

Transit Laws;" as published in the July 1, 2005 Code of Federal 

Regulations. 

(g) 42 USC 4321 to 4370f; "National environmental policy;" published 

January 19, 2004 in Supplement III of the 2000 Edition of the United 

States Code. 

(h) 42 USC 7401 to 767lq; "Air Pollution Prevention and Control;" published 

January 19, 2004 in Supplement III of the 2000 Edition of the United 

States Code. 

(i) 42 USC 7472; "Initial classifications;" published January 19, 2004 in 

Supplement III of the 2000 Edition of the United States Code. 

U) 49 USC 5303; "Metropolitan Planning;" published January 19, 2004 in 
3745-102-02 TO BE RESCINDED 9 

Supplement III of the 2000 Edition of the United States Code; as 

amended August 10, 2005; Pub. L. 109-59, Sec. 6001(a), 119 Stat. 

1839. 

(k) "Comprehensive environmental response, compensation, and liability;" 

contained in 42 USC 9601 to 9675; published January 19, 2004 in 

Supplement III of the 2000 Edition of the United States Code. 

(1) Federal Transit Act, contained in 49 USC 53; "Mass Transportation;" 

published January 19,2004 in Supplement III of the 2000 Edition of the 

United States Code; as amended August 10,2005, L. 109-59. 

(m) National Environmental Policy Act of 1969; contained in 42 USC 55; 

"National Enviromnental Policy;" published January 19, 2004 in 

Supplement III of the 2000 Edition of the United States Code. 

(n) Part C of Title I, of the Clean Air Act; contained in 42 USC 7470 to 7492 

"Prevention of significant deterioration of air quality;" published 

January 19, 2004 in Supplement II of the 2000 Edition of United States 

Code. 

(o) Part D of the Clean Air Act; contained in 42 USC 7501 to 7515; "Plan 

Requirements for Non Attainment Areas;" published January 19, 2004 

in Supplement III of the 2000 Edition of the United States Code; as 

amended August 10, 2005, Pub. L. 109-59, sec. 60ll(a)-(f), 119 Stat. 

1878-1881. 

(p) Section 107 of the Clean Air Act; contained in 42 USC 7408;" Air quality 

criteria and control techniques;" published January 19, 2004 in 

Supplement III of the 2000 Edition of the United States Code. 

(q) Section 109 of the Clean Air Act; contained in 42 USC 7409;" National 

Ambient Air Quality Standards;" published January 19, 2004 in 

Supplement III of the 2000 Edition of the United States Code. 

(r) Section 110 of the Clean Air Act; contained in 42 USC 7410;" 

Implementation plans;" published January 19, 2004 in Supplement III 

of the 2000 Edition of the United States Code. 

(s) Section llO(c) of the Clean Air Act; contained in 42 USC 7410;" 

Implementation plans;" published January 19, 2004 in Supplement III 

of the 2000 Edition of the United States Code. 
3745-102-02 TO BE RESCINDED 10 

(t) Section 110(k)(5) of the Clean Air Act, contained in 42 USC 7410;" 

Implementation plans;" published January 19, 2004 in Supplement III 

of the 2000 Edition of the United States Code. 

(u) Section 173 of the Clean Air Act; contained in 42 USC 7503;" Permit 

requirements;" published January 19, 2004 in Supplement III of the 

2000 Edition of the United States Code. 

(v) Section 174 of the Clean Air Act; contained in 42 USC 7504; " Planning 

procedures;" published January 19, 2004 in Supplement III of the 2000 

Edition of the United States Code. 

(w) Section 175A of the Clean Air Act; contained in 42 USC 7505a;" 

Maintenance plans;" published January 19, 2004 in Supplement III of 

the 2000 Edition of the United States Code. 

(x) Section 176(c) of the Clean Air Act; contained in 42 USC 7506;" 

Limitation on certain federal assistance;" published January 19,2004 in 

Supplement III of the 2000 Edition of the United States Code. 

(y) Section 176(c)(l)(B) of the Clean Air Act; contained in 42 USC 7506;" 

Limitation on certain federal assistance;" published January 19,2004 in 

Supplement III of the 2000 Edition of the United States Code. 

(z) Section 182(g)(l) of the Clean Air Act; contained in 42 USC 7511a; "Plan 

submissions and requirements;" published January 19, 2004 in 

Supplement III of the 2000 Edition of the United States Code. 

(aa) Section 182(£) of the Clean Air Act; contained in 42 USC 7511a; "Plan 

submissions and requirements;" published January 19, 2004 m 

Supplement III of the 2000 Edition of the United States Code. 

(bb) Section 189(c)(l) of the Clean Air Act; contained in 42 USC 7513a;" 

Plan provisions and schedules for plan submissions;" published January 

19, 2004 in Supplement III of the 2000 Edition of the United States 

Code. 

(cc) Section 301(d) of the Clean Air Act; contained in 42 USC 7601;" 

Administration;" published January 19, 2004 in Supplement III of the 

2000 Edition of the United States Code. 
3745-102-02 TO BE RESCINDED 11 

(dd) Title 23 of the United States Code; "Highways;" published January 19, 

2004 in Supplement III of the 2000 Edition of the United States Code, 

as amended June 9, 1998; Pub. L. 105-178, title V, §5101(1), , 112 Stat. 

422, Sept. 9, 1966, Pub. L. 89-564, title I, §102(b)(3),, 80 Stat. 735. 

( ee) Title 49 of the United States Code; "Transportation;" published January 

19, 2004 in Supplement III of the 2000 Edition of the United States 

Code. 
3745-102-02 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

TO BE RESCINDED 

06/12/2014 

03/20/2014 

119.03 

3704.03(E) 

3704.03(A), 3704.03(E) 

8/21/95, 1113/06 

12 
TO BE RESCINDED 

3745-102-03 Applicability. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal rules, and federal statutory provisions 

referenced in this rule, see the last paragraph of rule 3745-102-02 of the Administrative 

Code titled "Incorporation by reference."] 

(A) Conforn1ity determinations for federal actions related to transportation plans, 

programs, and projects developed, funded, or approved under Title 23 of the United 

States Code or the Federal Transit Act, contained in 49 USC 5303 shall meet the 

procedures and criteria of Chapter 3745-101 of the Administrative Code, in lieu of 

the procedures set forth in this chapter. 

(B) For federal actions not covered by paragraph (A) of this rule, a conformity 

determination by the federal agency taking the action for which the confonnity 

determination is being made is required for each pollutant where the total of direct 

and indirect emissions in a nonattainment or maintenance area caused by a federal 

action would equal or exceed any of the rates in paragraph (B)(l) or (B)(2) of this 

rule. 

(1) For purposes of paragraph (B) of this rule, the following rates apply in NAA's: 

Pollutant Tons!Year 

Ozone (VOC or NO ) 

X 

Serious NAAs 50 

Severe NAAs 25 

Extreme NAAs 10 

Other ozone NAAs outside an ozone transport region 100 

Marginal and moderate NAAs inside an ozone transport 

regwn 

voc 50 

NO 100 X 

Carbon monoxide 

All NAAs 100 

S0

2 

orN0

2 
3 7 45-102-03 TO BE RESCINDED 2 

AllNAAs 100 

PMIO 

Moderate NAAs 100 

Serious NAAs 70 

Pb 

AllNAAs 25 

(2) For purposes of paragraph (B) of this rule, the following rates apply m 

maintenance areas: 

Pollutant Tons/Year 

Ozone (NO ), SO or NO X 2 2 

All maintenance areas 100 

Ozone (VOC) 

Maintenance areas inside an ozone transpmi region 50 

Maintenance areas outside an ozone transport region 100 

Carbon monoxide 

All maintenance areas 100 

PMIO 

All maintenance areas 100 

Pb 

All maintenance areas 25 

(C) The requirements of this chapter shall not apply to: 

( 1) Actions where the total of direct and indirect emissions are below the emissions 

levels specified in paragraph (B) of this rule. 

(2) The following actions which would result in no emiSSIOns mcrease or an 
3745-102-03 TO BE RESCINDED 3 

increase in emissions that is clearly de minimis: 

(a) Judicial and legislative proceedings. 

(b) Continuing and recurring activities such as permit renewals where 

activities conducted will be similar in scope and operation to activities 

currently being conducted. 

(c) Rulemaking and policy development and issuance; 

(d) Routine maintenance and repair activities, including repair and 

maintenance of administrative sites, roads, trails, and facilities. 

(e) Civil and criminal enforcement activities, such as investigations, audits, 

inspections, examinations, prosecutions, and the training of law 

enforcement personnel. 

(f) Administrative actions such as personnel actions, organizational changes, 

debt management or collection, cash management, internal agency 

audits, program budget proposals, and matters relating to the 

administration and collection of taxes, duties and fees. 

(g) The routine, recurring transportation of materiel and personnel. 

(h) Routine movement of mobile assets, such as ships and aircraft, in home 

port reassignments and stations (when no new support facilities or 

personnel are required) to perform as operational groups or for repair or 

overhaul. 

(i) Maintenance dredging and debris disposal where no new depths are 

required, applicable permits are secured, and disposal will be at an 

approved disposal site. 

(j) With respect to existing structures, properties, facilities and lands where 

future activities conducted will be similar in scope and operation to 

activities currently being conducted at the existing structures, 

properties, facilities, and lands, actions such as relocation of personnel, 

disposition of federally-owned existing structures, properties, facilities, 

and lands, rent subsidies, operation and maintenance cost subsidies, the 

exercise of receivership or conservatorship authority, assistance m 

purchasing structures, and the production of coins and currency. 
3745-102-03 TO BE RESCINDED 4 

(k) The granting of leases, licenses such as for exports and trade, permits, and 

easements where activities conducted will be similar in scope and 

operation to activities currently being conducted. 

(I) Planning, studies, and provision of technical assistance. 

(m) Routine operation of facilities, mobile assets and equipment. 

(n) Transfers of ownership, interests, and titles in land, facilities, and real and 

personal properties, regardless of the form or method of the transfer. 

( o) The designation of empowerment zones, enterprise communities, or 

viticultural areas. 

(p) Actions by any of the federal banking agencies or the federal reserve 

banks, including actions regarding charters, applications, notices, 

licenses, the supervision or examination of depository institutions or 

depository institution holding companies, access to the discount 

window, or the provision of financial services to banking organizations 

or to any department, agency or instrumentality of the United States. 

( q) Actions by the board of governors of the federal reserve system or any 

federal reserve bank to effect monetary or exchange rate policy. 

(r) Actions that implement a foreign affairs function of the United States. 

(s) Actions, or portions thereof, associated with transfers of land, facilities, 

title, and real properties through an enforceable contract or lease 

agreement where the delivery of the deed is required to occur promptly 

after a specific, reasonable condition is met, such as promptly after the 

land is certified as meeting the requirements of CERCLA, and where 

the federal agency does not retain continuing authority to control 

emissions associated with the lands, facilities, title, or real properties. 

(t) Transfers of real property, including land, facilities, and related personal 

property from a federal entity to another federal entity and assignments 

of real property, including land, facilities, and related personal property 

from a federal entity to another federal entity for subsequent deeding to 

eligible applicants. 

(u) Actions by the department of the treasury to effect fiscal policy and to 
3745-102-03 TO BE RESCINDED 5 

exercise the borrowing authority of the United States. 

(3) The following actions where the emissions are not reasonably foreseeable: 

(a) Initial outer continental shelf lease sales which are made on a broad scale 

and are followed by exploration and development plans on a project 

level. 

(b) Electric power marketing activities that involve the acquisition, sale and 

transmission of electric energy. 

( 4) Individual actions which implement a decision to conduct or carry out a 

program that has been found to conform to the applicable implementation 

plan, such as prescribed burning actions which are consistent with a land 

management plan that has been found to conform to the applicable 

implementation plan. Such land management plan shall have been found to 

conform within the past five years. 

(D) Notwithstanding the other requirements of this chapter, a conformity determination is 

not required for the following federal actions, or portion thereof: 

(1) The portion of an action that includes major new or modified stationary sources 

that require a permit under the new source review program pursuant to 

Section 173 of the CAA or the prevention of significant deterioration 

program under Part C of Title I of the CAA. 

(2) Actions in response to emergencies or natural disasters snch as hurricanes, 

earthquakes, etc., which are commenced on the order of hours or days after 

the emergency or disaster and, if applicable, which meet the requirements of 

paragraph (E) of this rule. 

(3) Research, investigations, studies, demonstrations, or training, other than those 

exempted under paragraph (C)(2) of this rule, where no environmental 

detriment is incurred or the particular action fmihers air quality research, as 

determined by the Ohio EPA, which is responsible for the applicable 

implementation plan. 

( 4) Alteration and additions of existing structures as specifically required by new or 

existing applicable environmental legislation or environmental regulations 

e.g., hush houses for aircraft engines and scrubbers for air emissions. 

( 5) Direct emissions from remedial and removal actions carried out under CERCLA 
3745-102-03 TO BE RESCINDED 6 

and associated regulations to the extent such emissions either comply with the 

substantive requirements of the prevention of significant deterioration/new 

source review permitting program or are exempted from other environmental 

regulation under the provisions of CERCLA and applicable regulations issued 

under CERCLA. 

(E) Federal actions which are part of a continuing response to an emergency or disaster 

under paragraph (D)(2) of this rule and which are to be taken more than six months 

after the commencement of the response to the emergency or disaster under 

paragraph (D)(2) ofthis rule are exempt from the requirements of this chapter only 

if: 

(1) The federal agency taking the actions makes a written determination that, for a 

specified period not to exceed an additional six months, it is impractical to 

prepare the confonnity analyses which would otherwise be required and the 

actions cannot be delayed due to overriding concerns for public health and 

welfare, national security interests and foreign policy commitments; or 

(2) For actions which are to be taken after those actions covered by paragraph 

(E)(l) of this rule, the federal agency makes a new determination as provided 

in paragraph (E)( 1) of this rule. 

(F) Notwithstanding other requirements of this chapter, individual actions or classes of 

actions specified by individual federal agencies that have met the criteria set forth 

in either paragraph (G)(l) or (G)(2) of this rule and the procedures set forth in 

paragraph (H) of this rule are presumed to conform, except as provided in 

paragraph (J) of this rule. 

(G) The federal agency shall meet the criteria for establishing activities that are presumed 

to confonn by fulfilling the requirements set forth in either paragraph (G)(l) or 

(G)(2) of this rule: 

( 1) The federal agency shall clearly demonstrate, using methods consistent with this 

chapter, that the total of direct and indirect emissions from the type of 

activities which would be presumed to conform would not: 

(a) Cause or contribute to any new violation of any standard in any area; 

(b) Interfere with provisions in the applicable implementation plan for 

maintenance of any standard; 

(c) Increase the frequency or severity of any existing violation of any 
3745-102-03 TO BE RESCINDED 7 

standard in any area; or 

(d) Delay timely attainment of any standard or any required interim emission 

reductions or other milestones in any area including, where applicable, 

emission levels specified in the applicable implementation plan for 

purposes of: 

(i) A demonstration of reasonable further progress; 

(ii) A demonstration of attainment; or 

(iii) A maintenance plan; or 

(2) The federal agency shall provide documentation that the total of direct and 

indirect emissions from such future actions would be below the emission 

rates for a confonnity detennination that are established in paragraph (B) of 

this rule, based, for example, on similar actions taken over recent years. 

(H) In addition to meeting the criteria for establishing exemptions set forth in paragraph 

(G)( I) or (G)(2) of this rule, the following procedures shall also be complied with 

to presume that activities will conform: 

(I) The federal agency shall identify through publication in the Federal Register its 

list of proposed activities that are presumed to conform and the basis for the 

presumptions; 

(2) The federal agency shall notify the appropriate USEPA regional office(s), Ohio 

EPA and local air agencies and, where applicable, the agency designated 

under Section 17 4 of the CAA and the MPO and provide at least thirty days 

for the public to comment on the list of proposed activities presumed to 

conform; 

(3) The federal agency shall document its response to all the comments received 

and make the cmmnents, response, and final list of activities available to the 

public upon request; and 

(4) The federal agency shall publish the final list of such activities in the Federal 

Register. 

(I) Notwithstanding the other requirements of this chapter, when the total of direct and 

indirect emissions of any pollutant from a federal action does not equal or exceed 
3745-102-03 TO BE RESCINDED 8 

the rates specified in paragraph (B) of this rule, but represents ten per cent or more 

of a nonattainment or maintenance area's total emissions of that pollutant, the 

action is defined as a regionally significant action and the requirements of rule 

3745-102-01 and of paragraph (B) of rule 3745-102-04 to rule 3745-102-06 of the 

Administrative Code shall apply for the federal action. 

(J) Where an action presumed to be de minimis under paragraph (C)(!) or (C)(2) of this 

rule or otherwise presumed to conform under paragraph (F) of this rule is a 

regionally significant action or where an action otherwise presumed to conform 

under paragraph (F) of this rule does not in fact meet one of the criteria in 

paragraph (G)(1) of this rule, that action shall not be considered de minimis or 

presumed to conform and the requirements of rule 3745-102-01 and of paragraph 

(B) of rule 3745-102-04 to rule 3745-102-06 of the Administrative Code shall apply 

for the federal action. 

(K) The provisions of this chapter shall apply in all nonattainment and maintenance areas. 
3745-102-03 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

06/02/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

TO BE RESCINDED 

06112/2014 

03/20/2014 

119.03 

3704.03(E) 

3704.03(A), 3704.03(E) 

8/21/95, 1113/06 

9 

TO BE RESCINDED 

3745-102-04 Conformity analysis, reporting requirements, public 

participation and consultation. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal rules, and federal statutory provisions 

referenced in this rule, see the last paragraph of rule 3745-102-02 of the Administrative 

Code titled "Incorporation by reference."] 

(A) Any federal department, agency, or instrumentality of the federal government taking 

an action subject to 40 CFR Part 51, Subpart W and this chapter shall make its own 

conformity determination consistent with the requirements of this chapter. In 

making its conformity determination, a federal agency shall consider comments 

from any interested parties. Where multiple federal agencies have jurisdiction for 

various aspects of a project, a federal agency may choose to adopt the analysis of 

another federal agency, to the extent that the proposed action and impacts analyzed 

are the same as the project for which a conformity determination is required, or to 

develop its own analysis in order to make its conformity determination. 

(B) A federal agency making a conforn1ity determination under paragraph (B) of rule 

3745-102-05 of the Administrative Code shall: 

(!)Provide to the appropriate USEPA regional office(s), to Ohio EPA and local air 

agencies and, where applicable, to affected federal land managers, to the 

agency designated under Section 174 of the CAA, and to the MPO, a 

thirty-day notice which describes the proposed action and the federal agency's 

draft conforn1ity determination on the action. 

(2) Notify the appropriate USEPA regional office(s), Ohio EPA and local air 

agencies and, where applicable, affected federal land managers, the agency 

designated under Section 174 of the CAA, and the MPO, within thirty days 

after making a final conformity detennination under paragraph (B) of rule 

3745-102-05 of the Administrative Code. 

(C) Upon request by any person regarding a specific federal action, a federal agency shall 

make available for review its draft confonnity determination under paragraph (B) 

of rule 3745-102-05 of the Administrative Code with supporting materials which 

describe the analytical methods, assumptions, and conclusions relied upon in 

making the applicability analysis and draft confonnity determination. In addition, a 

federal agency shall: 

(l) Make public its draft conformity determination under paragraph (B) of rule 

3745-102-05 of the Administrative Code by placing a notice by prominent 

advertisement in a daily newspaper of general circulation in the areas affected 

..... -~~------------- ·•·---~·~~"-'"-~"-•----·--•~ ---m-~ ••-••••••·""~""" ___ , ••-~------ ---•-••••-~~ 

1;,., ''""·'· ,,.· ·:·ljhi •" !?./'''' 
3745-102-04 TO BE RESCINDED 2 

by the action, and by providing thirty days for written public comment prior 

to taking any formal action on the draft determination. This comment period 

may be concurrent with any other public involvement, such as occurs in the 

NEP A process. 

(2) Document its response to all the comments received on its draft conformity 

determination under paragraph (B) of rule 3745-102-05 of the Administrative 

Code and make the comments and responses available, upon request by any 

person regarding a specific federal action, within thirty days of the final 

conformity determination. 

(3) Make public its final conformity determination under paragraph (B) of rule 

3745-102-05 of the Administrative Code for a federal action by placing a 

notice by prominent advertisement in a daily newspaper of general circulation 

in the area affected by the action within thirty days of the final conformity 

determination. 
3745-102-04 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

TO BE RESCINDED 

06/12/2014 

03/20/2014 

119.03 

3704.03(E) 

3704.03(A), 3704.03(E) 

8/21/95, 11/3/06 

3 

TO BE RESCINDED 

3745-102-05 Conformity determinations. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal rules, and federal statutory provisions 

referenced in this rule, see the last paragraph of rule 3745-102-02 of the Administrative 

Code titled "Incorporation by reference."] 

(A) Frequency of conformity determinations. 

(1) The conformity status of a federal action automatically lapses five years from 

the date a final conformity detennination is reported under paragraph (B) of 

rule 3745-102-04 of the Administrative Code, unless the federal action has 

been completed or a continuous program has been commenced to implement 

that federal action within a reasonable time. 

(2) Ongoing federal activities at a given site showing continuous progress are not 

new actions and do not require periodic redeterminations so long as the 

emissions associated with such activities are within the scope of the final 

conformity detennination reported under paragraph (B) of rule 3745-102-04 

of the Administrative Code. 

(3) If, after the conformity determination is made, the federal action is changed so 

that there is an increase in the total of direct and indirect emissions above the 

levels in paragraph (B) of rule 3745-102-03 of the Administrative Code, then 

a new conformity determination is required. 

(B) Criteria for determining conformity of general federal actions. 

(1) The areawide and local air quality modeling analyses shall: 

(a) Meet the requirements in paragraph (C) of this rule; and 

(b) Show that the action does not: 

(i) Cause or contribute to any new violation of any standard in any area; 

or 

(ii) Increase the frequency or severity of any existing violation of any 

standard in any area. 

(2) Notwithstanding any other requirements of paragraph (B) of this rule, an action 

·-~-~-~ .. ··-----·----·----~-- -~~~--------- ----------~----~----.. ------~--------------~---·----------

'! " !IS.'\•'' '.IN)i/j ,-, t.';..,l'> ~7,, l(, 
3745-102-05 TO BE RESCINDED 2 

subject to this chapter shall not be determined to conform to the applicable 

implementation plan unless the total of direct and indirect emissions from the 

action is in compliance or is consistent with all relevant requirements and 

milestones contained in the applicable implementation plan, such as elements 

identified as part of the reasonable further progress schedules, assumptions 

specifi.ed in the attainment or maintenance demonstration, prohibitions, 

numerical emission limits, and work practice requirements, and such action is 

otherwise in compliance with all relevant requirements of the applicable 

implementation plan. 

(3) Any analyses required under paragraph (B) of this rule shall be completed, and 

any mitigation requirements necessary for a finding of conformity shall be 

identified in compliance with rule 3745-102-06 of the Administrative Code, 

before the determination of conformity is made. 

(4) An action required under rule 3745-102-03 of the Administrative Code to have 

a conformity determination for a specific pollutant will be determined to 

confonn to the applicable implementation plan if, for each pollutant that 

exceeds the rates in paragraph (B) of rule 3745-102-03 of the Administrative 

Code or otherwise requires a conformity determination due to the total of 

direct and indirect emissions from the action, the action meets the 

requirements of paragraph (B)(2) of this rule and meets any of the following 

requirements: 

(a) For any criteria pollutant, the total of direct and indirect emissions from 

the action are specifically identified and accounted for in the applicable 

implementation plan's attainment or maintenance demonstration; 

(b) For ozone or NO , the total of direct and indirect emissions from the 

action are fully 2

offset within the same nonattainment or maintenance 

area through a revision to the applicable implementation plan or a 

measure similarly enforceable under state and federal law that effects 

emission reductions so that there is no net increase in emissions of that 

pollutant; 

(c) For any criteria pollutant, except ozone and nitrogen dioxide, the total of 

direct and indirect emissions from the action meet the requirements: 

(i) Specified in paragraph (B)(l) of this rule, based on areawide air 

quality modeling analysis and local air quality modeling analysis; 

or 

(ii) Specified in paragraph (B)(4)(e) of this rule and, for local air quality 
3745-102-05 TO BE RESCINDED 3 

modeling analysis, the requirement of paragraph (B)(l) of this 

rule; 

(d) For CO or PM

10 : 

(i) Where Ohio EPA determines, in accordance with paragraphs (B) and 

(C) of rule 3745-102-04 of the Administrative Code and 

consistent with the applicable implementation plan, that an 

areawide air quality modeling analysis is not needed, the total of 

direct and indirect emissions from the action meet the 

requirements specified in paragraph (B)(l) of this rule, based on 

local air quality modeling analysis; or 

(ii) Where Ohio EPA determines, in accordance with paragraphs (B) 

and (C) of rule 3745-102-04 of the Administrative Code and 

consistent with the applicable implementation plan, that an 

areawide air quality modeling analysis is appropriate and that a 

local air quality modeling analysis is not needed, the total of 

direct and indirect emissions from the action meet the 

requirements specified in paragraph (B)(l) of this rule, based on 

areawide modeling, or meet the requirements of paragraph 

(B)(4)(e) of this rule; or 

(e) For ozone or nitrogen dioxide, and for purposes of paragraphs (B)(4)(c)(ii) 

and (B)(4)(d)(ii) of this rule, each portion of the action or the action as a 

whole meets any of the following requirements: 

(i) Where USEPA has approved a revision to an area's attainment or 

maintenance demonstration after 1990 and the state makes a 

detennination as provided in paragraph (B)( 4)( e )(i)(a) of this rule 

or where the state makes a commitment as provided in paragraph 

(B)( 4)( e )(i)(b) of this rule. Any such determination or 

commitment shall be made in compliance with paragraphs (B) 

and (C) of rule 3745-102-04 of the Administrative Code: 

(a) The total of direct and indirect emissions from the action, or 

portion thereof, is detennined and documented by Ohio 

EPA to result in a level of emissions which, together with 

all other emissions in the nonattainment or maintenance 

area, would not exceed the emissions budgets specified in 

the applicable implementation plan. 

(b) The total of direct and indirect emissions from the action, or 
3745-102-05 TO BE RESCINDED 4 

portion thereof, is determined by Ohio EPA to result in a 

level of emissions which, together with all other emissions 

in the nonattainment or maintenance area, would exceed an 

emissions budget specified in the applicable implementation 

plan and the governor or Ohio EPA makes a written 

commitment to USEP A which includes the following: 

(i) A specific schedule for adoption and submittal of a 

revision to the applicable implementation plan which 

would achieve the needed emission reductions prior to 

the time that emissions from the federal action would 

occm; 

(ii) Identification of specific measures for incorporation into 

the applicable implementation plan which would 

result in a level of emissions which, together with all 

other emissions in the nonattainment or maintenance 

area, would not exceed any emissions budget 

specified in the applicable implementation plan; 

(iii) A demonstration that all existing applicable 

implementation plan requirements are being 

implemented in the area for the pollutants affected by 

the federal action, and that local authority to 

implement additional requirements has been fully 

pursued; 

(iv) A determination that the responsible federal agencies 

have required all reasonable mitigation measures 

associated with their action; 

(v) Written documentation including all air quality analyses 

supporting the conformity determination. 

(c) Where a federal agency made a conformity determination 

based on a state commitment under paragraph 

(B)( 4)( e )(i)(b) of this rule, such a state commitment is 

automatically deemed a call for an implementation plan 

revision by USEPA under Section 110 (k)(5) of the CAA, 

effective on the date of the federal conformity 

determination and requiring response within eighteen 

months or any shorter time within which the state commits 

to revise the applicable implementation plan; 
3745-102-05 TO BE RESCINDED 5 

(ii) The action, or portion thereof, as determined by the MPO, is 

specifically included in a current transportation plan and 

transportation improvement program which have been found to 

conform to the applicable implementation plan under Chapter 

3745-101 of the Administrative Code or 40 CFR Part 93, Subpart 

A; 

(iii) The action, or portion thereof, fully offsets its emissions within the 

same nonattainment or maintenance area through a revision to the 

applicable implementation plan or through an equally enforceable 

measure that effects emission reductions equal to or greater than 

the total of direct and indirect emissions from the action so that 

there is no net increase in emissions of that pollutant; 

(iv) Where USEPA has not approved a revision to the applicable 

implementation plan attainment or maintenance demonstration 

since 1990, the total of direct and indirect emissions from the 

action for the future years (described in paragraph (C)(4) of this 

rule) do not increase emissions with respect to the baseline 

emissions, and: 

(a) The baseline emissions reflect the historical activity levels that 

occurred in the geographic area affected by the proposed 

federal action during: 

(i) Calendar year 1990, 

(ii) The calendar year that is the basis for the classification 

(or, where the classification is based on multiple 

years, the year that is most representative in terms of 

the level of activity), if a classification is promulgated 

in 40 CFR Part 81; or 

(iii) The year of the baseline inventory m the PM

10 applicable implementation plan; 

(b) The baseline emissions are the total of direct and indirect 

emissions calculated for the future years (described in 

paragraph (C)(4) of this rule) using the historic activity 

levels, which are described in paragraph (B)(4)(e)(iv)(a) of 

this rule, and appropriate emission factors for the future 

years; or 
3 7 45-1 02-05 TO BE RESCINDED 6 

(v) Where the action involves regional water or wastewater projects, 

such projects are sized to meet only the needs of population 

projections that are in the applicable implementation plan, based 

on assumptions regarding per capita use that are developed or 

approved in accordance with paragraph (C)(!) of this rule. 

(C) Procedures for conformity determinations of general federal actions. 

(1) The analyses required under this chapter shall be based on the latest planning 

assumptions. 

(a) All planning assumptions shall be derived from the estimates of current 

and future population, employment, travel, and congestion most 

recently developed by the MPO (including, but not limited to, 

assumptions regarding per capita water and sewer use, vehicle miles 

traveled per capita or per household, trip generation per household, 

vehicle occupancy, household size, vehicle fleet mix, vehicle 

ownership, wood stoves per household, and the geographic distribution 

of population growth). The conformity determination shall also be 

based on the latest assumptions about current and future background 

concentrations and other federal actions. 

(b) Any revisions to these estimates used as part of the conformity 

detennination, including projected shifts in geographic location or level 

of population, employment, travel, and congestion, shall be approved 

by the MPO or other agency authorized to make such estimates for the 

area. 

(2) The analyses required under this chapter shall be based on the latest and most 

accurate emission estimation techniques available as described below, unless 

such techniques are inappropriate. If such techniques are inappropriate and 

written approval of the USEP A regional administrator is obtained for any 

modification or substitution, then they may be modified or another technique 

substituted on a case-by-case basis or, where appropriate, on a generic basis 

for a specific federal agency program. 

(a) For motor vehicle emissions, the most current version of the motor vehicle 

emissions model specified by USEP A for use in the preparation or 

revision of implementation plans in the state or area shall be used for 

the conformity analysis as specified below: 

(i) The USEP A publishes in the Federal Register a notice of availability 
3745-102-05 TO BE RESCINDED 7 

of any new motor vehicle emissions model; and 

(ii) A grace period of three months shall apply during which the motor 

vehicle emissions model previously specified by USEPA as the 

most current version may be used. Conformity analyses for which 

the analysis was begw1 during the grace period or no more than 

three years before the Federal Register notice of availability of the 

latest emission model may continue to use the previous version of 

the model specified by USEP A, if a final determination as to 

conformity is made within three years of such analysis. 

(b) For non-motor vehicle sources, including stationary and area source 

emissions, the latest emission factors specified by USEP A in the 

"Compilation of Air Pollutant Emission Factors (AP-42)" shall be used 

for the conformity analysis unless more accurate emission data are 

available, such as actual stack test data from stationary sources which 

are part of the confonnity analysis. 

(3) The air quality modeling analyses required under this chapter shall be based on 

the applicable air quality models, data bases, and other requirements specified 

in the most recent version of the "Guideline on Air Quality Models" 

contained in 40 CFR Part 51, Appendix W, unless: 

(a) The guideline techniques are inappropriate, in which case the model may 

be modified or another model substituted on a case-by-case basis or, 

where appropriate, on a generic basis for a specific federal agency 

program; and 

(b) Written approval of the US EPA regional administrator is obtained for any 

modification or substitution. 

(4) The analyses required under this chapter shall be based on the total of direct and 

indirect emissions from the action and shall reflect emission scenarios that are 

expected to occur under each of the following cases: 

(a) The CAA mandated attainment year or, if applicable, the farthest year for 

which emissions are projected in the maintenance plan; 

(b) The year during which the total of direct and indirect emissions from the 

action for each pollutant analyzed is expected to be the greatest on an 

annual basis; and 
3745-102-05 TO BE RESCINDED 8 

(c) Any year for which the applicable implementation plan specifies an 

emissions budget. 
3745-102-05 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

TO BE RESCINDED 

06/12/2014 

03/20/2014 

119.03 

3704.03(E) 

3704.03(A), 3704.03(E) 

8/21/95, 1113/06 

9 

TO BE RESCINDED 

3745-102-06 Mitigation of air quality impacts. 

(A) Any measures that are intended to mitigate air quality impacts shall be identified in 

the conformity determination, including the identification and quantification of all 

emission reductions claimed, and the process for implementation, including any 

necessary funding of such measures and tracking of such emission reductions, and 

enforcement of such measures shall be described, including an implementation 

schedule containing explicit timelines for implementation. 

(B) Prior to determining that a federal action is in conformity, the federal agency making 

the conformity determination shall obtain written commitments from the 

appropriate persons or agencies to implement any mitigation measures which are 

identified as conditions for making conformity determinations. Such written 

commitment shall describe such mitigation measures and the nature of the 

commitment, in a manner consistent with paragraph (A) of this rule. 

(C) Persons or agencies voluntarily committing to mitigation measures to facilitate 

positive conformity determinations shall comply with the obligations of such 

commitments. 

(D) In instances where the federal agency is licensing, permitting or otherwise approving 

the action of another governmental or private entity, the federal agency shall 

condition its approval in the conformity determination on the other entity meeting 

the mitigation measures set forth in the conformity determination, as provided in 

paragraph (A) of this rule. 

(E) When necessary because of changed circumstances, mitigation measures may be 

modified so long as the new mitigation measures continue to support the 

conformity determination in accordance with this rule and with paragraphs (B) and 

(C) of rule 3745-102-05 of the Administrative Code. Any proposed change in the 

mitigation measures is subject to the reporting requirements of paragraph (B) of 

rule 3745-102-04 of the Administrative Code and the public participation 

requirements of paragraph (C) of rule 3745-102-04 of the Administrative Code. 

(F) The federal agency shall obtain written commitments that mitigation measures will be 

implemented before the federal agency makes a determination that the project 

conforms and that such commitments shall be fulfilled. 

(G) After this implementation plan revision is approved by USEPA, any agreements, 

including mitigation measures, necessary for a conformity determination will be 

both state and federally enforceable. Enforceability through the applicable 

implementation plan will apply to all persons who agree to mitigate direct and 

1 :;,,:-
3 7 45-102-06 TO BE RESCINDED 2 

indirect emissions associated with a federal action for a conformity determination. 
3745-102-06 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

06/02/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

TO BE RESCINDED 

06/12/2014 

03/20/2014 

119.03 

3704.03(E) 

3704.03(A), 3704.03(E) 

8/21/95, 1113/06 

3 

Article II 

Copy of Public Notice and 

Director's Findings & Orders 

State of Ohio 

Environmental Protection Agency 

Notice of Rescission of Rules 

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

Ohio Revised Code Section 3704.03 has rescinded the rules contained in Ohio 

Administrative Code (OAC) Chapter 37 45-102, "General Conformity." 

In April, 2010, US EPA promulgated changes to 40 CFR 51.851 to address SAFETEA-LU. 

The language in paragraph (a) of 40 CFR 51.851 was changed from "must" to "may", 

thereby eliminating the need for states to maintain a General Conformity SIP. 

Upon completion of a review to fulfill the requirements of ORC 119.032, Ohio EPA 

determined that our rules were essentially identical to the federal rules in 40 CFR Part 93, 

Subpart B. Additionally, in the 17 years in which these rules have been in existence, there 

have been few, if any, projects in the state of Ohio large enough to trigger the requirements 

in the rules. For these reasons, Ohio EPA determined that maintaining these rules provided 

no added benefit to the citizens of Ohio. Ohio EPA is, therefore, rescinding the rules in 

OAC Chapter 3745-102 and will default to the federal requirements in 40 CFR Part 93, 

Subpart B as necessary. 

Pursuant to Section 121.39 of the Ohio Revised Code, Ohio EPA was required to consult 

with interested parties affected by the rules before the division formal adopts them. On 

February 14, 2014, these rules and the draft business impact analysis document went out 

for a 30 day review by interested parties. The Director's order of rescission was issued on 

Monday, June 2, 2014. The effective date of the rescission is June 12, 2014. 

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

agency files and records pertaining to the proceeding contact Paul Braun, Ohio EPA, 

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

Ohio 43216-1049 or call Paul Braun at 614-644-3734. 

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

Appeals Commission (ERAC) pursuant to Section 37 45.04 of the Ohio Revised Code. The 

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

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

notice of the Director's action, at 77 South High Street, 17'h Floor, Columbus, Ohio 43215. 

Copies of the appeal must be served upon the Director of the Ohio EPA within three (3) 

days offiling with ERAC. The appeal must be accompanied by a filing fee of $70.00 which 

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

of the full amount of the fee would cause extreme hardship. Ohio EPA also requests that a 

copy of the appeal be served upon the Environmental Enforcement Section of the Ohio 

Attorney General's Office. 

-2 

\.Jl: '_·,, ( V• 

In the Matter of: 

BEFORE THE 

I certify this to be a true lild -.,.,.copy Of llle 

otriclal documenls as tlllcUtU. ._.. aU'III Olllo 

Enviror.menlal ~Aillncv. 

OHIO ENVIRONMENTAL PROTECTIO ~ 

The Rescission of Existing Rules 

3745-102-01 to 3745-102-06 of the 

Ohio Administrative Code 

Director's Final Findings and 

Orders 

FINDINGS AND ORDERS 

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

Procedure Act the rescission of the existing 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 April29, 2014, in Columbus, Ohio, and that 

all interested persons were afforded the opportunity to be heard; and 

2. That upon due consideration, the rescission of the existing 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 existing rules 3745-102-01, 3745-102-02, 3745-102-03, 3745-102-04, 3745-102-05, 

and 37 45-102-06 of the Ohio Administrative Code be rescinded. 

It is further 

ORDERED that the effective date of said rescission shall be 

JUN 12 Z014 

It is further 

ORDERED that copies of these Findings and Orders and certified copies of said amended rules, in 

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

and the Legislative Services Commission, as required by law. 

APPEAL RIGHTS 

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

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised 

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

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

after notice of the Director's action. The appeal must be accompanied by a filing fee of $70.00 which 
the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full 

amount ofthe fee would cause extreme handship. Notice of the filing of the appeal shall be filed with 

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

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

appeal may be filed with the Environmental Review Appeals Commission at the following address: 

Environmental Review Appeals Commission 

77 South High Street, 17"' Floor 

Columbus, OH 43215 

Cra . Butler, Director 

Ohio Environmental Protection Agency 

.,d 

Issued at Columbus, Ohio thisL day of_.:=J:..U_!V_::_( _____ , 201 7. 
Article Ill 

Evidence Ohio EPA Followed 

Rule Adoption Procedures 

Evidence Ohio EPA Followed Rule Adoption Procedures 

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

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

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

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

on the major requirements below: 

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

30 days prior to the date set for a hearing. 

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

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

upon request. The Public Hearing notice was placed in the Ohio Register on March 20, 

2014. Ohio EPA held a public hearing on April 29, 2014 in Columbus, Ohio. This 

hearing was held 39 days after the notice was placed in the register. The ORC 119.03 

requirements for public notice contents were met as evidenced by comparing the public 

notice and ORC 119.03 (A)(1 )-(4). In addition to the Register of Ohio, Ohio EPA also 

placed an advertisement in the major newspapers throughout the state. Copies can be 

provided upon request. 

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

director of the legislative service commission (LSC). 

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

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

included (Attachment A). 

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

answers to questions eight and nine of each of the Rule Summary and Fiscal Analysis 

(RSFA) documents are provided (Attachment B). 

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

Ohio EPA conducted the public hearing on April 29, 2014 as identified in the Public 

Hearing notice. No one attended the hearing and no testimony or comments were 

received. A copy of the hearings transcript may be provided upon request. 

4. ORC 119.03(0): After the period of time when legislative review and invalidation may 

occur expires, the agency may issue an order adopting the rule. 

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

Ohio. A hearing was held with JCARR on May 19, 2014 where these rules were placed 

on the consent agenda as item 33 (Attachment C). No testimony, questions or 

invalidation of the rules occurred during this hearing. JCARR jurisdiction expired on May 

24, 2014 as evidenced by the JCARR consent agenda. 

Ohio EPA issued the order to adopt the rules on June 2, 2014 as evidenced by the 

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

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

(Attachment D). 

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

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

website and through an e-mail notice to all interested parties on June 2, 2014. A copy of 

these notifications can be provided upon request. 

ORC 121.39, Provisions applicable to proposed legislation or administrative rules concerning 

environmental protection, imposes further requirements for interested party review specific to 

environmental rule adoption. Ohio EPA fully complied with the requirements of this law and 

has provided evidence on the major requirements below: 

1. ORC 121.39(8): Legislation dealing with the environment must be accompanied by a 

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

include information on the estimated cost of compliance. 

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

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

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

121.39. As evidenced in Question 6 of the RSFA documents and item (C) of the ERAF 

for the rule, Ohio EPA stated the adoption of this rule, or a version as stringent as, is 

required by U.S. EPA. The RSFA documents also contain a section entitled Fiscal 

Analysis which addresses potential costs. Our responses met the requirements of this 

law as evidenced in the consent by JCARR who reviews these documents. 

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

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

identify any need to adopt in order to maintain approval to administer a federal 

environmental law, and it must include an RSFA. 

On February 6, 2014, Ohio EPA notified interested parties via e-mail of the intent to 

rescind the rules and requesting comments on the rescission. A copy of the notification 

may be provided upon request. We provided a 30-day comment period closing March 

10, 2014. The interested parties list included Ohio EPA, DAPC's general rule making 

list. A copy of the e-mail and interested party list will be provided upon request. 

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

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

those documents in list form. 

Article Ill 

Attachment A 

Letter to Secretary of State and 

Director of LSC 

onic Rule 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse level 

Columbus,OH 43215 

t the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of 

118498 

03/20/2014 10:45 AM 

f28672a2ccf9b11 068b4a3f296818511 

 

 FYR CSI JE Date Eff Date 

ssion y y 05/24/2014 

ssion y y 05/24/2014 

ssion y y 05/24/2014 

ssion y y 05/24/2014 ssion y y 05/24/2014 ssion y y 05/24/2014 

Page 1 

Next FYR Tag line 

Purpose. Definitions. 

Applicability. 

Conformity analysis, reporting requirements, public 

participation and consultation. 

Conformity determinations. 

Mitigation of air quality impacts. 

Article Ill 

Attachment B 

RSFAs 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control CDAPC) 

Division 

Paul J. Braun 

Contact 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paul.Braun@epa.ohio.gov 

Email 

3745-102-01 

Rule Number 

Rule Title/Tag Line 

RESCISSION 

TYPE of rule filing 

Purpose. 

RULE SUMMARY 

614-644-2270 

Phone 

614-644-3681 

Fax 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being rescinded because it is no longer a federal requirement that Ohio 

maintain rules covering general conformity to maintain primacy over our air 

pollution control program. 

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

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, 
Page2 Rule Number: 3745-102-01 

then summarize the content of the rule: 

As part of the Clean Air Act (CAA) amendments of 1990, the federal govemment 

established requirements in section 176, paragraph (c)(4)(C) of the Clean Air Act 

stating that a state must submit a plan for inclusion in their State Implementation 

Plan (SIP) that includes criteria and procedures for assessing general conformity. 

The language in the CAA was codified by USEPA in 40 CFR 51.851. 40 CFR 

51.851 paragraph (a) also required states to submit a General Conformity SIP. In 

1995, Ohio promulgated rules in chapter 3745-102 of the Ohio Administrative 

Code (OAC) and submitted them to USEP A to be included in Ohio's SIP to meet 

the federal requirements. 

In August 2005, Congress passed the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA#LU) which eliminated 

the requirement for States to adopt and submit General Conformity SIPs. 

SAFETEA-LU removed the language in Section 176(c)(4)(C) of the CAA, 

eliminating the requirements for states to maintain a General Confonnity SIP. 

In April, 2010, USEPA promulgated changes to 40 CFR 51.851 to address the 

SAFETEA-LU changes. The language in 40 CFR 51.851 paragraph (a) was 

changed from #must# to #may#, thereby eliminating the need for states to maintain 

a General Conformity SIP. Ohio will, therefore, rescind the rules in OAC chapter 

3745-102 as there is no longer a federal mandate to maintain these rules. 

This rule outlines the purpose of this Chapter. The rules in this chapter implement 

Section 176( c) of the Clean Air Act and regulations under 40 CFR Part 51, Subpart 

W, with respect to the conformity of general federal actions to Ohio's State 

Implementation Plan for attainment and maintenance of the national ambient air 

quality standards as required under section 110 of the Clean Air Act. 

The rules in this chapter contain the procedures and criteria with which entities 

obtaining federal funding must demonstrate that their activities will not cause or 

worsen a violation of the Clean Air Act. This demonstration is typically performed 

as part of an entity's overall NEPA documentation for their project. This chapter 

does not cover transportation conformity. Transportation conformity is addressed in 

OAC Chapter 3745-101. 

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

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121 . 7 4 of the Revised Code because the text or other material is 

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

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

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 
Page 3 Rule Number: 3745-102-01 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

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

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

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

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

through 121.74. 

This rule also contains references to acts of congress, specifically the Clean Air Act 

(CAA) and the National Environmental Protection Act (NEPA). These rules are 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. USC references have also been dated to reference the specific version of 

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

121.71 through 121.74. 

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

3745-102-02 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable 

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

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

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

Not Applicable 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Not Applicable. 

12. 119.032 Rule Review Date: 3/20/2014 

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

scheduled review date. If you answered YES to No. 1, the review date for this 
Page4 Rule Number: 3745-102-01 

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0.00 

Not Applicable 

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

necessitated by the proposed rule: 

Not Applicable 

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

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

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

This rule explains the purpose of this chapter. There is no cost of compliance with 

the rule. 

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

municipal corporations? No 

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

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

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

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

S.B. 2 (129th General Assemb/1() Questions 
Page 5 Rule Number: 3745-102-01 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C.121.82?Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 

Page E-1 Rule Number: 3745-102-01 

Environmental Rule Adoption/Amendment Form 

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

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

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

A 30-day Early Stakeholder comment period was held on these rules ending April 

27, 2012. The comment request was sent to Oho EPA DAPC's electronic interested 

parties list as well as posted on Ohio EPA DAPC's website and published in the 

Ohio EPA Director's Weekly Review document. Ohio EPA received no comments 

on the rules in this chapter. 

The rules and draft BIA document were released for a 30-day public comment 

period ending March 10, 2014. One set of comments was received in support of 

Ohio EPA's plan to rescind the rules. 

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

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

feasibility of the proposed rule or amendment considered? Yes 

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

-·-·-~----·~---.. ~ .... -~--.. ·~--.. --.. ·-~~--- ····-··-·---------~- ---·-·--------- """." -----·-- _____________________ , __ ,.,,,_:_.,!J,:e: ,-:r:r·,-,,,,,~cn;;·nic;r,-, · · n!ii80 'i :;v,,·- ;/,·i•l'_'/iH ,, 3!:\\1 
Page E-2 Rule Number: 3745-102-01 

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Ohio EPA review relevant portions of the Code of Federal Regulations and the 

Clean Air Act. There have been no changes to general conformity legislation at the 

federal level, therefore, Ohio EPA is not revising our rules to allow them to remain 

consistent with the federal rules. 

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

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

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

Not Applicable 

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

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

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

to amend? No 
Rule Summarv and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control IDAPC) 

Division 

Paul J. Braun 

Contact 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paui.Braun@epa.ohio.gov 

Email 

3745-102-02 

Rule Number 

Rule Title/Tag Line 

RESCISSION 

TYPE of rule filing 

Definitions. 

RULE SUMMARY 

614-644-2270 

Phone 

614-644-3681 

Fax 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being rescinded because it is no longer a federal requirement that Ohio 

maintain rules covering general confonnity to maintain primacy over our air 

pollution control program. 

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

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, 
Page 2 Rule Number: 3745-102-02 

then summarize the content of the rule: 

As part of the Clean Air Act (CAA) amendments of 1990, the federal government 

established requirements in section 176, paragraph (c)(4)(C) of the Clean Air Act 

stating that a state must submit a plan for inclusion in their State Implementation 

Plan (SIP) that includes criteria and procedures for assessing general confonnity. 

The language in the CAA was codified by USEPA in 40 CFR 51.851. 40 CFR 

51.851 paragraph (a) also required states to submit a General Conformity SIP. In 

1995, Ohio promulgated rules in chapter 3745-102 of the Ohio Administrative 

Code (OAC) and submitted them to USEPA to be included in Ohio's SIP to meet 

the federal requirements. 

In August 2005, Congress passed the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA#LU) which eliminated 

the requirement for States to adopt and submit General Conformity SIPs. 

SAFETEA-LU removed the language in Section 176(c)(4)(C) of the CAA, 

eliminating the requirements for states to maintain a General Conformity SIP. 

In April, 2010, USEPA promulgated changes to 40 CFR 51.851 to address the 

SAFETEA-LU changes. The language in 40 CFR 51.851 paragraph (a) was 

changed from "must" to "may", thereby eliminating the need for states to maintain a 

General Conformity SIP. Ohio will, therefore, rescind the rules in OAC chapter 

3745-102 as there is no longer a federal mandate to maintain these rules. 

This rule contains definitions used in this chapter and information on the 

availability and version of items incorporated by reference to fulfill the 

requirements of Senate Bill256 of the !24th general assembly. 

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

claims the incorporation by reference is exempt from compliance with sections 

121 . 71 to 121 . 7 4 of the Revised Code because the text or other material is 

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

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

available to those persons: 

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

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

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

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

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

ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 
Page 3 Rule Number: 3745-102-02 

through 121.74. 

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

congress, specifically the Clean Air Act(CAA). These documents are generally 

available through libraries, Ohio EPA and Government Printing Office's websites. 

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

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

through 121.74. 

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

3745-102-02 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable 

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

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

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

Not Applicable 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Not Applicable. 

12. 119.032 Rule Review Date: 3/20/2014 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANAL YS/S 
Page4 Rule Number: 3745-102-02 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0.00 

Not Applicable 

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

necessitated by the proposed rule: 

Not Applicable 

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

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

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

This rule contains definitions used in this chapter and information on items 

incorporated by reference. There is no cost of compliance with this rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 

S.B. 2 (129th General Assembly) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C.121.82?Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 
Page 5 Rule Number: 3745-102-02 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 

Page E-1 Rule Number: 3745-102-02 

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. 

A 30-day Early Stakeholder comment period was held on these rules ending April 

27,2012. The comment request was sent to Oho EPA DAPC's electronic interested 

parties list as well as posted on Ohio EPA DAPC's website and published in the 

Ohio EPA Director's Weekly Review document. Ohio EPA received no comments 

on the rules in this chapter. 

The rules and draft BIA document were released for a 30-day public comment 

period ending March 10,2014. One set of comments was received in support of 

Ohio EPA's plan to rescind the rules. 

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

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

feasibility of the proposed rule or amendment considered ? Yes 

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

_ ..... ~··--·-----·--------·---·-~ .. ·~-- --·-.. ·----·---~--.. ·-·-····---.. ·--· .. ----- -- _, __ ,_,_,,.._, __ , __ ,__ --·-·-""""""--

'J'•,dii!/ii}":!!{'""''' p .. :>9sp" · ..... nc: 2ii! .. iii?'J\:< 
Page E-2 Rule Number: 3745-102-02 

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Ohio EPA review relevant portions of the Code ofF ederal Regulations and the 

Clean Air Act. There have been no changes to general conformity legislation at the 

federal level, therefore, Ohio EPA is not revising our rules to allow them to remain 

consistent with the federal rules. 

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

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

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

Not Applicable 

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

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

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

to amend? No 
Rule Summary and Fiscal Analysis !Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPC) 

Division 

Paul J. Braun 

Contact 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paul.Braun@epa.ohio.gov 

Email 

3745-102-03 

Rule Number 

Rule Title/Tag Line 

RESCISSION 

TYPE of rule filing 

Applicability. 

RULE SUMMARY 

614-644-2270 

Phone 

614-644-3681 

Fax 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being rescinded because it is no longer a federal requirement that Ohio 

maintain rules covering general conformity to maintain primacy over our air 

pollution control program. 

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

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, 
Page 2 Rule Number: 3745-102-03 

then summarize the content of the rule: 

As part of the Clean Air Act (CAA) amendments of 1990, the federal government 

established requirements in section 176, paragraph (c)(4)(C) of the Clean Air Act 

stating that a state must submit a plan for inclusion in their State Implementation 

Plan (SIP) that includes criteria and procedures for assessing general conformity. 

The language in the CAA was codified by USEPA in 40 CFR 51.851. 40 CFR 

51.851 paragraph (a) also required states to submit a General Conformity SIP. In 

1995, Ohio promulgated rules in chapter 3745-102 of the Ohio Administrative 

Code (OAC) and submitted them to USEPA to be included in Ohio's SIP to meet 

the federal requirements. 

In August 2005, Congress passed the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA#LU) which eliminated 

the requirement for States to adopt and submit General Conformity SIPs. 

SAFETEA-LU removed the language in Section 176(c)(4)(C) of the CAA, 

eliminating the requirements for states to maintain a General Conformity SIP. 

In April, 2010, USEPA promulgated changes to 40 CFR 51.851 to address the 

SAFETEA-LU changes. The language in 40 CFR 51.851 paragraph (a) was 

changed from #must# to #may#, thereby eliminating the need for states to maintain 

a General Conformity SIP. Ohio will, therefore, rescind the rules in OAC chapter 

3745-102 as there is no longer a federal mandate to maintain these rules. 

This rule contains the criteria to determine if the rules in this chapter are applicable 

to a facility. 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

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

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

This rule also contains references to the United States Code and acts of congress. 

These documents are generally available through libraries, Ohio EPA and 

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

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

references from the requirements ofORC 121.71 through 121.74. 

Referenced materials are cited, dated and availability noted in paragraph (C) of rule 
Page 3 Rule Number: 3745-102-03 

3745-102-02 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable 

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

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

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

Not Applicable 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Not Applicable. 

12. 119.032 Rule Review Date: 3/20/2014 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0.00 

Not Applicable 
Page4 Rule Number: 3745-102-03 

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

necessitated by the proposed rule: 

Not Applicable 

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

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

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

This rule contains the criteria to determine if the rules in this chapter are applicable 

to a facility. This rule does require that facilities that meet the applicability criteria 

comply with the rules in this chapter, however, there would not be a direct cost of 

compliance associated with this. Ohio EPA will discuss the specific costs of 

compliance in the RSFA's for the other rules in this chapter, specifically OAC rules 

3745-102-04 to 3745-102-06. 

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

municipal corporations? No 

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

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

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

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

S.B. 2 (129th General Assemblll,l Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C.121.82?Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
Page 5 Rule Number: 3745-102-03 

Page E-1 Rule Number: 3745-102-03 

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 prev'1ously 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. 

A 30-day Early Stakeholder comment period was held on these rules ending April 

27, 2012. The comment request was sent to Oho EPA DAPC's electronic interested 

parties list as well as posted on Ohio EPA DAPC's website and published in the 

Ohio EPA Director's Weekly Review document. Ohio EPA received no comments 

on the rules in this chapter. 

The rules and draft BIA document were released for a 30-day public comment 

period ending March 10,2014. One set of comments was received in support of 

Ohio EPA's plan to rescind the rules. 

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

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

feasibility of the proposed rule or amendment considered ? Yes 

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

----·-----~ . __ , _____ , ...... _____ --------·-·--- - - -----·--·-------------- --~----.. ·--·---- -------.. -----·-·-~---~ 

·-·'--•';,-,.! !-'PI 'f;.;rc.o·. I"' ;/.!•/JUj ;·yt;; 5 t! X•' ''' .:ii\<1 li:"i(J 
Page E-2 Rule Number: 3745-102-03 

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Ohio EPA review relevant portions of the Code of Federal Regulations and the 

Clean Air Act. There have been no changes to general conformity legislation at the 

federal level, therefore, Ohio EPA is not revising our rules to allow them to remain 

consistent with the federal rules. 

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

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

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

Not Applicable 

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

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

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

to amend? No 
Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPC) 

Division 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paul.Braun@epa.ohio.gov 

Email 

Paul J. Brann 

Contact 

614-644-2270 

Phone 

3 7 45-102-04 RESCISSION 

Rule Number TYPE of rule filing 

614-644-3681 

Fax 

Rule Title/Tag Line Conformity analysis. reporting requirements. public 

participation and consultation. 

RULE SUMMARY 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being rescinded because it is no longer a federal requirement that Ohio 

maintain rules covering general conformity to maintain primacy over our air 

pollution control program. 

7. If the rule is an AMENDMENT, then summarize the changes and the content 
Page 2 Rule Number: 3745-102-04 

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

then summarize the content of the rule: 

As part of the Clean Air Act (CAA) amendments of 1990, the federal government 

established requirements in section 176, paragraph (c)( 4)(C) of the Clean Air Act 

stating that a state must submit a plan for inclusion in their State Implementation 

Plan (SIP) that includes criteria and procedures for assessing general conformity. 

The language in the CAA was codified by USEP A in 40 CFR 51.851. 40 CFR 

51.851 paragraph (a) also required states to submit a General Conformity SIP. In 

1995, Ohio promulgated rules in chapter 3745-102 of the Ohio Administrative 

Code (OAC) and submitted them to USEPA to be included in Ohio's SIP to meet 

the federal requirements. 

In August 2005, Congress passed the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act A Legacy for Users (SAFETEA#LU) which eliminated 

the requirement for States to adopt and submit General Conformity SIPs. 

SAFETEA-LU removed the language in Section 176(c)(4)(C) of the CAA, 

eliminating the requirements for states to maintain a General Conformity SIP. 

In April, 2010, USEPA promulgated changes to 40 CFR 51.851 to address the 

SAFETEA-LU changes. The language in 40 CFR 51.851 paragraph (a) was 

changed from #must# to #may#, thereby eliminating the need for states to maintain 

a General Conformity SIP. Ohio will, therefore, rescind the rules in OAC chapter 

3745-102 as there is no longer a federal mandate to maintain these rules. 

This rule contains the requirements that facilities must follow to report information 

which will be used to determine if they are in confonnity with the requirements of 

the Clean Air Act. 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

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

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

CFR references have also been dated to reference the specific version of the rules. 
Page 3 Rule Number: 3745-102-04 

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

through 121.74. 

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

congress, specifically the Clean Air Act(CAA). These documents are generally 

available through libraries, Ohio EPA and Government Printing Office's websites. 

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

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

through 121.74. 

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

3745-102-02 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable 

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

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

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

Not Applicable 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Not Applicable. 

12. 119.032 Rule Review Date: 3/20/2014 

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

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

rule is the filing date.) 

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

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

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

Change rules. 
Page4 Rule Number: 3745-102-04 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department 

This will have no impact on revenues or expenditures. 

$0.00 

Not Applicable 

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

necessitated by the proposed rule: 

Not Applicable 

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

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

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

This rule requires facilities to gather information and report it to Ohio EPA for their 

conformity determination. There is a cost of compliance associated with gathering 

this information, however, the infonnation is typically infonnation that is also 

gather to fulfill other federal requirements under the National Environmental 

Protection Act (NEPA), therefore, the cost of compliance for this rule is split with a 

federal requirement. 

The cost to collect the information for the conformity portion of the NEPA 

document is typically in the range from a few thousand dollars to $50,000. This 

cost is typically a very small portion (<l%)ofthe total project cost since the 

threshold project size for which this documentation is required is very large. 

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

municipal corporations? No 

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

dealing with environmental protection as defined in R. C. 121 .39? Yes 

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

comply with Am. Sub. 106 of the !21st General Assembly. 
Page 5 Rule Number: 3745-102-04 

S.B. 2 (129th General Assembly! Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C.121.82?Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

This rule requires facilities to report information that is used to determine if their 

project complies with the requirements of the Clean Air Act and dose not cause or 

contribute to a violation of the national ambient air quality standards in the project 

area. The federal government can delay or withhold funds for the project if Ohio 

EPA determines that the project does not conform to the Clean Air Act 

requirements. 

Page E-1 Rule Number: 3745-102-04 

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. 

A 30-day Early Stakeholder comment period was held on these rules ending April 

27, 2012. The comment request was sent to Oho EPA DAPC's electronic interested 

parties list as well as posted on Ohio EPA DAPC's website and published in the 

Ohio EPA Director's Weekly Review document. Ohio EPA received no comments 

on the rules in this chapter. 

The rules and draft BIA document were released for a 30-day public comment 

period ending March 10, 2014. One set of comments was received in support of 

Ohio EPA's plan to rescind the rules. 

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

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

feasibility of the proposed rule or amendment considered? Yes 

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

--- ----·-·~--- ------- -~···----·--·------~--, ------------·-- ___________ ,_____ ------~-·-------~ ·--------·-·- ""'"""""'""·····215, I:!;! ;;i:>),> ')ji)F ::-::\; ··.~i'\'ib( •• ,,,~ \'c 
Page E-2 Rule Number: 3745-102-04 

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

A 30-day Early Stakeholder comment period was held on these rules ending April 

27, 2012. The comment request was sent to Oho EPA DAPC's electronic interested 

parties list as well as posted on Ohio EPA DAPC's website and published in the 

Ohio EPA Director's Weekly Review document. Ohio EPA received no comments 

on the rules in this chapter. 

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

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

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

Not Applicable 

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

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

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

to amend? No 
Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPC) 

Division 

Paul J. Braun 

Contact 

50 West Town Street. Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paui.Braun@epa.ohio.gov 

Email 

3745-102-05 

Rule Number 

RESCISSION 

TYPE of rule filing 

614-644-2270 

Phone 

Rule Title/Tag Line Conformitv determinations. 

RULE SUMMARY 

614-644-3681 

Fax 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being rescinded because it is no longer a federal requirement that Ohio 

maintain rules covering general conformity to maintain primacy over our air 

pollution control program. 

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

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

~--------------- ----~------------------- ---~-------- ____ , _____ ~~-------~"""'-"'-----

"!l'i,·;J,,:;•i,'! -~e ,, (!/ .,),.,, .. ,, ~<-<> ;-"/; 
Page 2 Rule Number: 3745-102-05 

then summarize the content of the rule: 

As part of the Clean Air Act (CAA) amendments of 1990, the federal government 

established requirements in section 176, paragraph (c)(4)(C) of the Clean Air Act 

stating that a state must submit a plan for inclusion in their State Implementation 

Plan (SIP) that includes criteria and procedures for assessing general confonnity. 

The language in the CAA was codified by USEPA in 40 CFR 51.851. 40 CFR 

51.851 paragraph (a) also required states to submit a General Conformity SIP. In 

1995, Ohio promulgated rules in chapter 3745-102 of the Ohio Administrative 

Code (OAC) and submitted them to USEPA to be included in Ohio's SIP to meet 

the federal requirements. 

In August 2005, Congress passed the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA#LU) which eliminated 

the requirement for States to adopt and submit General Conformity SIPs. 

SAFETEA-LU removed the language in Section 176(c)(4)(C) of the CAA, 

eliminating the requirements for states to maintain a General Conformity SIP. 

In April, 2010, USEPA promulgated changes to 40 CFR 51.851 to address the 

SAFETEA-LU changes. The language in 40 CFR 51.851 paragraph (a) was 

changed from #must# to #may#, thereby eliminating the need for states to maintain 

a General Conformity SIP. Ohio will, therefore, rescind the rules in OAC chapter 

3745-102 as there is no longer a federal mandate to maintain these rules. 

This rule establishes timeframes and criteria for determining the conformity of a 

federally funded action. 

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

claims the incorporation by reference is exempt from compliance with sections 

121 . 71 to 121 . 7 4 of the Revised Code because the text or other material is 

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

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

available to those persons: 

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

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

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

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

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

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

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

through 121.74. 

This rule also contains references to the United States Code and the acts of 
Page 3 Rule Number: 3745-102-05 

congress, specifically the Clean Air Act(CAA). These documents are generally 

available through libraries, Ohio EPA and Government Printing Office's websites. 

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

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

through 121.74. 

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

3745-102-02 of the Administrative Code. 

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

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

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

infeasible: 

Not Applicable 

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

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

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

Not Applicable 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Not Applicable. 

12. 119.032 Rule Review Date: 3/20/2014 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 
Page 4 Rule Number: 3745-102-05 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0.00 

Not Applicable 

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

necessitated by the proposed rule: 

Not Applicable 

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

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

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

This rule establishes timeframes and criteria for determining the conformity of a 

federally funded action. There is no cost of compliance with establishing these 

criteria. The cost of compliance associated with complying with these criteria 

occurs when a facility supplies the information required in OAC rule 3745-102-04. 

A cost of compliance discussion has been supplied in the RSFA for OAC rule 

3745-102-04. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 12lst General Assembly. 

S.B. 2 (129th General Assembly) Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 
Page 5 Rule Number: 3745-102-05 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 

Page E-1 Rule Number: 3745-102-05 

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, 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. 

A 30-day Early Stakeholder comment period was held on these rules ending April 

27,2012. The comment request was sent to Oho EPA DAPC's electronic interested 

parties list as well as posted on Ohio EPA DAPC's website and published in the 

Ohio EPA Director's Weekly Review document. Ohio EPA received no comments 

on the rules in this chapter. 

The rules and draft BIA document were released for a 30-day public comment 

period ending March 10,2014. One set of comments was received in support of 

Ohio EPA's plan to rescind the rules. 

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

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

feasibility of the proposed rule or amendment considered ? Yes 

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

~· ···~~·· .. --··~·-··~~~-~"'"- ------ ---··-·----- ., .jio~7ii!i ! • ·i•) ."\~; 
Page E-2 Rule Number: 3745-102-05 

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Ohio EPA review relevant portions of the Code of Federal Regulations and the 

Clean Air Act. There have been no changes to general conformity legislation at the 

federal level, therefore, Ohio EPA is not revising our rules to allow them to remain 

consistent with the federal rules. 

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

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

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

Not Applicable 

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

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

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

to amend? No 
Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) 

Division 

Paul J. Braun 

Contact 

50 West Town Street, Suite 700 PO Box 1049 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) 

Paui.Braun@epa.ohio.gov 

Email 

3745-102-06 

Rule Number 

RESCISSION 

TYPE of rule filing 

614-644-2270 

Phone 

Rule Title/Tag Line Mitigation of air quality impacts. 

RULE SUMMARY 

614-644-3681 

Fax 

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

review? Yes 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being rescinded because it is no longer a federal requirement that Ohio 

maintain rules covering general conformity to maintain primacy over our air 

pollution control program. 

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

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

-----------·- ----------------~--- -----~-·---------~-~---- . -- "" ----.. --~-·----~---~~- ------------------------·---- ' ,,.; ·,•,,·,·! -~ !'; i:/. . ''<<~'<),I 'be U( i''':~U!-l I! •1\) /,>; 
Page2 Rule Number: 3745-102-06 

then summarize the content of the rule: 

As part of the Clean Air Act (CAA) amendments of 1990, the federal government 

established requirements in section 176, paragraph (c)(4)(C) of the Clean Air Act 

stating that a state must submit a plan for inclusion in their State Implementation 

Plan (SIP) that includes criteria and procedures for assessing general conformity. 

The language in the CAA was codified by USEPA in 40 CFR 51.851. 40 CFR 

51.851 paragraph (a) also required states to submit a General Confonnity SIP. In 

1995, Ohio promulgated rules in chapter 3745-102 of the Ohio Administrative 

Code (OAC) and submitted them to USEPA to be included in Ohio's SIP to meet 

the federal requirements. 

In August 2005, Congress passed the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (SAFETEA#LU) which eliminated 

the requirement for States to adopt and submit General Conformity SIPs. 

SAFETEA-LU removed the language in Section 176(c)(4)(C) of the CAA, 

eliminating the requirements for states to maintain a General Conformity SIP. 

In April, 201 0, USEP A promulgated changes to 40 CFR 51.851 to address the 

SAFETEA-LU changes. The language in 40 CFR 51.851 paragraph (a) was 

changed from #must# to #may#, thereby eliminating the need for states to maintain 

a General Conformity SIP. Ohio will, therefore, rescind the rules in OAC chapter 

3745-102 as there is no longer a federal mandate to maintain these rules. 

This rule contains requirements for efforts intended to mitigate air quality impacts. 

If a project intends to demonstrate conformity by performing a voluntary mitigation 

task, the task must be identified in the conformity determination according to the 

requirements in this rule and must meet the requirements in this rule to allow a 

conformity determination to be made for the project. 

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

claims the incorporation by reference is exempt from compliance with sections 

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

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

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

available to those persons: 

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

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

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

exempts such references from the provisions ofORC 121.71 through 121.75. 

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

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

an explanation of why filing the text or other material electronically was 
Page 3 Rule Number: 3745-102-06 

infeasible: 

Not Applicable 

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

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

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

Not Applicable 

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

filed version of this rule; if none, please state so. If applicable, indicate each 

specific paragraph of the rule that has been modified: 

Not Applicable. 

12. 119.032 Rule Review Date: 3/20/2014 

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

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

rule is the filing date.) 

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

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

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

Change rules. 

FISCAL ANALYSIS 

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

decrease either revenues I expenditures for the agency during the current 

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

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0.00 

Not Applicable 

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

necessitated by the proposed rule: 

Not Applicable 
Page4 Rule Number: 3745-102-06 

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

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

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

This rule contains the requirements the must be followed for voluntary mitigation 

efforts. A facility may attempt to show conformity with federal requirements by 

perfonning a voluntary mitigation effort. Because these efforts would be voluntary, 

there is no direct cost of compliance with this rule. 

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

municipal corporations? No 

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

dealing with environmental protection as defined in R. C. 121 .39? Yes 

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

comply with Am. Sub. 106 of the 12lst General Assembly. 

S.B. 2 (129th General Assemblvl Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C. 121.82? Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, 

or create a cause of action, for failure to comply with its terms? No 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? No 
Page E-1 Rule Number: 3745-102-06 

Environmental Rule Adoption/Amendment Form 

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

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

component dealing with environmental protection, a state agency shall: 

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

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

amendment. 

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

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

proposed rule or rule amendment. 

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

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

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

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

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

stringent, the rationale for not incorporating its federal counterpart. 

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

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

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

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

rule or amendment consulted? Yes 

Please list each contact. 

A 30-day Early Stakeholder comment period was held on these rules ending April 

27, 2012. The comment request was sent to Oho EPA DAPC's electronic interested 

parties list as well as posted on Ohio EPA DAPC's website and published in the 

Ohio EPA Director's Weekly Review document. Ohio EPA received no comments 

on the rules in this chapter. 

The rules and draft BIA document were released for a 30-day public comment 

period ending March 10, 2014. One set of comments was received in support of 

Ohio EPA's plan to rescind the rules. 

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

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

feasibility of the proposed rule or amendment considered ? Yes 

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

---~-----------·------ -------------------~-- ----------·------ ------~--~--·---·--

" "''"''''"''''' ;·:-~i'. " 
Page E-2 Rule Number: 3745-102-06 

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

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Ohio EPA review relevant portions of the Code ofF ederal Regulations and the 

Clean Air Act. There have been no changes to general conformity legislation at the 

federal level, therefore, Ohio EPA is not revising our rules to allow them to remain 

consistent with the federal rules. 

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

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

environmental law or to participate in a federal environmental program ? 

Yes 

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

counterpart? No 

Not Applicable 

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

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

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

to amend? No 
Article Ill 

Attachment C 

JCARR Agenda 

A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

Agenda- 5/19/2014 - l :00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Consent 

I $f5:3 

FINAL AGENDA 

le Foundation 

Filing Date: 3/21/2014 

CSI FYR 

No Yes 

No Yes 

er Protection 

Filing Date: 3/20/2014 

CSI FYB 

No Yes 

No Yes 

No Yes 

No Yes 

nsation • 

Filing Date: 3/24/2014 

CSI FYR 

Yes No Yes Yes 

Yes Yes 

Yes No Yes No 

Yes Yes 

Yes No Yes No 

Date of Revised Filing: 3/21/2014 Jurisdiction Ends: 5/25/2014 Public Hearing: 4/22/2014 

Rule Number 

109:1-4-06 109:1-4-09 

Rule Number 

109:4-1-07 109:4-1-08 109:4-1-09 109:4-1-12 

Rule Number 

4123-6-03.2 4123-6-03.3 

4123-6-03.6 4123-6-03.7 4123-6-03.9 4123-6-05.1 4123-6-05.2 4123-6-05.3 

Rule Title 

Expenses. 

Owner or lessor assistance in the conduct of instant bingo. 

Jurisdiction Ends: 5/24/2014 Public Hearing: 4/22/2014 

Bule Title 

Obtaining information. 

Petitions requesting the adoption, amendment, or repeal of rules. 

Making submissions and requests. 

Notice of public meetings. 

Jurisdiction Ends: 5/28/2014 Public Hearing: 4/29/2014 

Rule Title 

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

MCO participation in the HPP- MCO participation based on MCO capacity. 

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

contracts. 

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

recertify an MCO. 

MCO participation in the HPP- MCO disclosure of relationship. 

Employer access to the HPP- MCO advertising and solicitation. 

Employer access to the HPP- employer enrollment and selection of MCO. 

Employer access to the HPP; certain solicitation practices by MCOs prohibited. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 1 • 5/19/2014 
A 

Yes No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

FINAL AGENDA 

4123-6-06.1 Employee access to medical services-- employee education by MCO and employer. 

• Fairs and Amusement Rides 

Filing Date: 3/31/2014 

FYR Rule Nymber 

Yes No 901:9-1-03 

Yes No 901:9-1-06.1 

 Fairs and Amusement Rides 

Filing Date: 3/31/2014 

CSI FYR Rule Number 

Yes No 901:9-2-01 

Yes Yes 901:9-2-02 

Yes Yes 901:9-2-16 

 Livestock Environmental Permitting 

Filing Date: 3/21/2014 

FYR Byle 

Yes Yes 901:10-1-02 

Yes Yes 901:10-1-03 

Yes Yes 901:10-1-06 

Yes Yes 901:10-1-09 

Yes Yes 901:10-2-02 

Yes Yes 901:10-2-05 

Yes Yes 901:10-2-08 

Yes Yes 901:10-2-11 

Yes Yes 901:10-2-12 

Yes Yes 901:10-2-16 

Yes Yes 901:10-2-19 

Yes Yes 901:10-2-20 

Yes Yes 901:10-3-01 

Yes Yes 901 : 1 0-3-04 

Bule Title 

Prohibitions. 

Jurisdiction Ends: 6/4/2014 Public Hearing: 5/6/2014 

Safety Standards for Inflatable Amusement Devices. 

Jurisdiction Ends: 6/4/2014 

Rule Title 

Definitions. 

General provisions. 

Electronic claw amusement games. 

Jurisdiction Ends: 5/25/2014 

Rule Title 

General administrative requirements for permits. 

Criteria for decision-making. 

Certified livestock manager. 

Permit modifications. Permit to install: siting criteria. 

Fabricated structures. 

Public Hearing: 5/6/2014 

Public Hearing: 4/21/2014 

Contents of the manure management plan: inspections, maintenance and 

monitoring. 

Contents of manure management plan: distribution and utilization methods. Contents of manure management plan: methods to minimize odors. 

Permit to operate and operating record requirements. 

Permit to operate: insect and rodent control plan. 

Annual report. Additional requirements for a NPDES permit application. 

Dairy cows and cattle other than veal calves. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 2 • 511912014 
 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

Yes Yes Yes Yes Yes Yes 

Filing Date: 3/21/2014 

CSI FYR 

Yes Yes 

Filing Date: 3/21/2014 

CSI FYR 

Yes Yes 

Yes Yes 

Yes Yes 

Yes Yes 

Yes Yes Yes Yes 

Filing Date: 3/21/2014 

CSI FYR 

Yes Yes 

901:10-4-05 901:10-6-01 

General operating permit. 

Notice. 

901:10-6-02 Contents of public notices. 

Date of Revised Filing: 4/9/2014 Jurisdiction Ends: 5/25/2014 Public Hearing: 4/21/2014 

Rul§ Number Rule Title 

901:10-6-04 Public meetings; close of the pubic comment period. 

Date of Revised Filing: 4115/2014 Jurisdiction Ends: 5/25/2014 Public Hearing: 4/21/2014 

Rule Number 

901:10-1-01 901:10-2-04 

901:10-2-06 901:10-2-10 

Rule Title Definitions. 

Manure storage and treatment facilities. 

Manure storage pond and manure treatment lagoon. 

Contents of manure management plan: manure characterization. 

901:1 0-2-13 Contents of manure management plan: soil characterization. 901:1 0-2-14 Contents of manure management plan: land application methods. 

Date of Refiled Filing: 5/8/2014 Jurisdiction Ends: 6/7/2014 Public Hearing: 4/21/2014 

Rule Number 

901:10-2-01 

Rule Title 

Permit to install: purpose and applicability. 

Division of Financial Institutions: Consumer Finance 

Filing Date: 3/19/2014 Jurisdiction Ends: 5/23/2014 Public Hearing: 4/23/2014 

CSI FYR Rule Number Rule Title 

Yes Yes 1301:8-10-01 Criteria for qualifying to provide consumer credit counseling services. 

Yes Yes 1301:8-10-02 Electronic database. 

Filing Date: 3/19/2014 Date of Revised Filing: 4/1/2014 Jurisdiction Ends: 5/23/2014 Public Hearing: 4/23/2014 

CSI E:lE Rule Numb§r Rule Iitl§ 

Yes No 1301:8-10-01 Criteria for qualifying to provide counseling services. 

Division of Unclaimed Funds 

Filing Date: 4/1/2014 

CSI FYR Rule 

Yes Yes 1301:10-3-07 

Yes No 1301:10-3-07 

Yes Yes 1301:10-3-08 

Jurisdiction Ends: 6/5/2014 

Rule Title 

Funds constituting unclaimed funds. 

Lawful claims or charges by holder. 

Instruments representing ownership interest. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

Public Hearing: 5/6/2014 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 3 • 511912014 
 

Yes Yes 

Wage and Hour 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

1301:10-5-03 Safe deposit box contents. 

FINAL AGENDA 

iling Date: 3/27/2014 Date of Revised Filing: 3/28/2014 Jurisdiction Ends: 5/31/2014 Public Hearing: 4/29/2014 

No 

FYR Rule Number 

Yes 4101:9-4-01 

Rule Title 

Public hearings on adoption, amendment, or rescission of rules; methods of public 

notice. 

iling Date: 3/26/2014 

CSI FYR 

Yes Yes 

Yes No 

Yes Yes 

Yes Yes 

Yes Yes 

Yes No 

Yes No 

Yes Yes 

Yes Yes 

Yes No 

Yes Yes 

Yes No 

iling Date: 3/26/2014 

CSI FYR 

Yes Yes 

iling Date: 3/26/2014 

FYR 

Yes Yes 

iling Date: 3/26/2014 

CSI FYR 

Rule Number 

3701-3-02.1 3701-3-02.1 

Jurisdiction Ends: 5/30/2014 

Rule Title 

Reporting of occupational diseases. 

Reporting of occupational diseases. 

Public Hearing: 5/5/2014 

3701-3-02.2 3701-3-08 

3701-3-10 3701-3-10 

3701-3-12 

3701-3-13 3701-3-28 

3701-3-28 

3701-3-29 

Air- and blood-borne diseases reasonably likely to be transmitted to emergency 

medical services workers. 

Release of patient's medical records. 

Approval of human immunodeficiency virus tests. 

Approval of human immunodeficiency virus tests. AIDS, ARC, and HIV test reporting. 

Isolation requirement. 

Report of bite of dog or other mammal. 

Report of bite of dog or other mammal. 

Biting animal to be confined; veterinarian to report. 

3701-3-29 Biting animal to be confined; veterinarian to report. 

Date of Revised Filing: 4/8/2014 Jurisdiction Ends: 5/30/2014 Public Hearing: 5/5/2014 

Rule Number Rule Title 

3701-3-12 AIDS, ARC, and HIV test reporting. 

Date of Revised Filing: 4/9/2014 Jurisdiction Ends: 5/30/2014 

Rule Number Rule Title 

3701-3-30 Report of suspected rabid mammal. 

Date of Revised Filing: 4/11/2014 Jurisdiction Ends: 5/30/2014 

Rule Number Rule Title 

Public Hearing: 5/5/2014 

Public Hearing: 5/5/2014 

Click on the rule number !n blue above to view the rule ln its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 4 • 5/19/2014 
A 

Yes Yes 

Yes No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Minimum standards. 

FINAL AGENDA 

3701-36-03 3701-36-05 Collect, report, and share public health quality indicators. 

Filing Date: 4/4/2014 Jurisdiction Ends: 6/8/2014 Public Hearing: 5/5/2014 

.Qm FYR Rule Number Ryle Title 

Yes Yes 3901-6-10 Valuation of life insurance policies. 

Yes Yes 3901-6-15 Preneed life insurance minimum standards for determining reserve liabilities and nonforfeiture values. Yes Yes 

Filing Date: 4/4/2014 

CSI FYR 

Yes Yes 

Filing Date: 4/4/2014 

CSI FYR 

Yes Yes 

3901-8-11 Unfair health claim practices. 

Date of Revised Filing: 4/24/2014 Jurisdiction Ends: 6/8/2014 

Rule Number 

3901-6-08 

Rule Number 

3901-6-14 

Rule Title 

Variable life insurance. 

Jurisdiction Ends: 6/8/2014 

Rule Title 

Yes No 3901-6-14 

Annuity disclosure. Annuity disclosure. 

ily Services· Child Support 

Filing Date: 3/25/2014 

CSI FYR Rule Nym!l!1r 

No Yes 5101:12-45-05 

No Yes 5101:12-45-05.1 

No Yes 5101:12-45-05.2 No Yes 5101:12-45-05.3 

Jurisdiction Ends: 5/29/2014 

Rule Title 

Support order establishment. Scheduling the administrative support hearing. 

Conducting the administrative support hearing. 

Administrative support order. 

Public Hearing: 5/5/2014 Public Hearing: 5/5/2014 

Public Hearing: 4/29/2014 

No No 5101:12-45-99 Chapter 5101:12-45 forms- support establishment. 

ily Services • Division of Food Stamps 

Filing Date: 3/28/2014 

CSI FYR 

No Yes 

No No No No 

Rule Number 

51 01 :4-8-30 

51 01 :4-8-30 

5101:4-8-30.1 

Jurisdiction Ends: 6/1/2014 

Rule Title 

Food assistance: Treasury offset program. Food assistance: Treasury offset program. 

Public Hearing: 

Food assistance: Review of a claim pending a treasury offset program referral. 

Cllck on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 5 • 5/1912014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

mily Services· Division of Social Services 

Filing Date: 3/12/2014 Date of Refiled Filing: 5/2/2014 Jurisdiction Ends: 6/1/2014 

.Q.§l FYR Rule Number Rule Title 

FINAL AGENDA 

Public Hearing: 4/14/2014 

No Yes 5101:2-44-05.2 Covered families and children (CFC) medicaid eligibility for state adoption subsidy recipient moving from or to Ohio. 

mily Services • Division of Social Services 

Filing Date: 3/11/2014 Date of Refiled Filing: 4/25/2014 Jurisdiction Ends: 5/25/2014 

.Q.§l FYR 

Yes Yes Yes Yes 

Rule Number 

5101:2-9-16 5101:2-9-21 

mily Services • Division of Social Services 

Rule Title 

Visiting and communications. 

Care, supervision and discipline. 

Filing Date: 3/14/2014 Date of Refiled Filing: 4/25/2014 Jurisdiction Ends: 5/25/2014 

.Q.§l FYR 

No Yes No Yes 

Rule Number 

5101:2-7-09 5101:2-7-12 

h and Addiction Services • 

Filing Date: 4/2/2014 

CSI FYR Rule Number 

Yes Yes 5122-26-19 

Rule Title 

Care, supervision and discipline. 

Site and safety requirements for a foster home. 

Jurisdiction Ends: 6/6/2014 

Rule Title Uniform cost reporting. 

Public Hearing: 4/14/2014 

Public Hearing: 4/17/2014 

Public Hearing: 5/7/2014 

Yes Yes 5122-26-19.1 Actual uniform cost report (AUCR) agreed upon procedures and report submission requirement. 

h and Addiction Services • Departmental Procedures 

Filing Date: 3/31/2014 Jurisdiction Ends: 6/4/2014 

.Q.§l FYR Rule Number Rule Title 

No Yes 3793:6-1-01 Department withholding funds. 

h and Addiction Services • Fiscal Administration 

Filing Date: 3/31/2014 Date of Revised Filing: 5/1/2014 Jurisdiction Ends: 6/4/2014 

.Q.§l FYR Rule Title 

No No 

Rule Number 

5122:1-3-02 Department withholding funds. 

h and Addiction Services • Program Standards 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

Public Hearing: 5/6/2014 

Public Hearing: 5/6/2014 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) • www.jcarr.state.oh.us • Page 6 • 511912014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014-1:00 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

Filing Date: 4/212014 

CSI FYR 

Yes Yes 

Yes Yes 

Rule Number 

3793:2-1-09 

3793:2-1-10 

Jurisdiction Ends: 61612014 Public Hearing: 5/7/2014 

Rule Title Uniform cost reporting. 

Actual uniform cost report agreed upon procedures and report submission 

requirement. 

ources • Division of Watercraft 

Filing Date: 3/1712014 

CSI FYR 

No Yes 

No No 

Filing Date: 3118/2014 

CSI FYR 

No Yes 

No Yes 

Filing Date: 312412014 

CSI FYR 

Yes No 

Filing Date: 4/1/2014 

CSI FYR 

Yes No 

Yes No 

Yes No 

es • 

Filing Date: 312412014 

CSI FYR 

No Yes No Yes 

Date of Revised Filing: 313112014 Jurisdiction Ends: 5/2112014 Public Hearing: 4/2212014 

Rule Number 

1501:47-3-19 1501:47-3-98 

Rule Number 

5703-7-01 5703-7-02 

Rule Number 

5703-11-04 

Rule Number 

5703-37-01 5703-37-02 

5703-37-03 

Rule Number 

5139-68-01 5139-68-03 

Ryle Title 

Lakes permitting ten horsepower. 

Unlimited horsepower at no-wake speed- Acton lake pilot program. 

Jurisdiction Ends: 512212014 Public Hearing: 

Rule Title 

Time for filing annual personal income tax return for person on a fiscal year basis. 

Applications for personal income tax refunds. 

Jurisdiction Ends: 5/2812014 Public Hearing: 

Rule Title 

Motor fuel tax taxpayers must file and pay electronically. 

Jurisdiction Ends: 61512014 

Rule Title Records retention policy. 

Sampling. Supplier must file and pay electronically. 

Ryle Title 

Definitions. 

Jurisdiction Ends: 5/2812014 

Release authority procedures. 

Public Hearing: 

Public Hearing: 4/2412014 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 7 • 5/1912014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Filing Date: 3/24/2014 Date of Revised Filing: 4/2/2014 Jurisdiction Ends: 5/28/2014 

CSI FYR 

No No 

No No 

No No 

No No No No 

No No 

es • 

Filing Date: 3/24/2014 

CSI FYR 

No No 

No No 

No No 

Rule Number 

5139-68-04 5139-68-05 

5139-68-06 

5139-68-07 

5139-68-09 

5139-68-10 

Rule Title Regular release reviews. Expedited release reviews. 

Special release reviews. 

Appeal of release review. 

Revocation reviews. 

Discharge reviews. 

Date of Revised Filing: 4/2/2014 Jurisdiction Ends: 5/28/2014 

Rule Title 

Definitions. 

Reentry plans. 

Long term youth progress reviews. 

FINAL AGENDA 

Public Hearing: 4/24/2014 

Public Hearing: 

No 

No 

No No 

Rule Number 

5139-68-01 5139-68-03 

5139-68-08 5139-68-11 5139-68-12 

Release authority information and education program. 

Constructive journalization. 

Filing Date: 3/18/2014 

FYR 

No Yes 

d • 

Filing Date: 3/20/2014 

Rule Number 

3333-1-01 

CSI FYR Rule Number 

Jurisdiction Ends: 5/22/2014 Public Hearing: 

Rule Title 

Organization and procedure. 

Jurisdiction Ends: 5/24/2014 Public Hearing: 4/28/2014 

Rule Title 

Yes Yes 5160-31-06 Provider conditions of participation for the PASSPORT HCBS waiver program. 

d • 

Filing Date: 2/27/2014 

CSI FYR 

No No 

No No 

ion Agency • 

Date of Refiled Filing: 4/21/2014 Jurisdiction Ends: 5/21/2014 

Rule Number 

5160-41-18 5160-41-19 

Rule Title 

Individual options waiver-payment standards. 

Level one waiver-payment standards. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

Public Hearing: 3/31/2014 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www_Jcarr.state.ohus • Page 8 • 5/19/2014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

Filing Date: 3/27/2014 

CSI FYR 

Yes Yes 

Filing Date: 3/27/2014 

.QSl FYR 

Yes Yes 

Filing Date: 3/27/2014 

CSI FYR 

Yes No 

tion Agencu • 

Filing Date: 3/20/2014 

CSI FYR 

Yes Yes 

Yes Yes 

Yes Yes Yes Yes Yes Yes 

Yes Yes 

ion Agency • 

Filing Date: 3/17/2014 

CSI FYR 

Yes Yes 

Yes Yes 

Yes Yes 

Yes Yes 

Yes Yes 

Yes Yes 

Jurisdiction Ends: 5/31/2014 Public Hearing: 5/1/2014 

Rule Number Rule Title 

3745-81-76 Water source designation. 

Date of Revised Filing: 4/16/2014 Jurisdiction Ends: 5/31/2014 Public Hearing: 5/1/2014 

Rule Number Rule Title 

37 45-81-01 Definitions. 

Date of Refiled Filing: 5/7/2014 Jurisdiction Ends: 6/6/2014 Public Hearing: 5/1/2014 

Rule Number 

3745-81-76 

Rule Number 

3745-102-01 

3745-102-02 

37 45-102-03 3745-102-04 3745-102-05 3745-102-06 

Rule Number 

3745-84-01 

3745-84-02 3745-84-03 3745-84-04 3745-84-05 3745-84-06 

Rule Title 

Water source designation. 

Rule Title 

Purpose. Definitions. 

Applicability. 

Jurisdiction Ends: 5/24/2014 Public Hearing: 4/29/2014 

Conformity analysis, reporting requirements, public participation and consultation. 

Conformity determinations. 

Mitigation of air quality impacts. 

Rule Title 

Definitions. 

Jurisdiction Ends: 5/21/2014 Public Hearing: 4/21/2014 

Application for a license to operate or maintain a public water system. 

Expiration and renewal of license to operate or maintain a public water system. 

Format and display of license to operate or maintain a public water system. 

Fees for operating or maintaining a public water system. 

Conditioning, denial, suspension and revocation of a license to operate or maintain 

a public water system. 

 Physical Therapy. and Athletic Trainers Board • 

Filing Date: 4/1/2014 Jurisdiction Ends: 6/5/2014 Public Hearing: 5/8/2014 

CSI FYR Rule Number Rule Title 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • {614) 466-4086 • www.jcarr.state.oh.us • Page 9 • 511912014 
A 

No Yes 

No Yes 

n of Ohio • 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014 -1:00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

4755-8-02 Definitions. 4755-8-05 Confidentiality statutes. 

FINAL AGENDA 

Filing Date: 3/26/2014 Jurisdiction Ends: 5/30/2014 Public Hearing: 

.c&l FYR Rule Number Rule Title 

No Yes 4901-1-01 Definitions. 

No Yes 4901-1-02 Filing of pleadings and other papers. 

No No 4901-1-02 Filing of pleadings and other documents. No Yes 4901-1-03 Form of pleadings and other papers. 

No Yes 4901-1-04 Signing of pleadings. 

No Yes 4901-1-05 Service of pleadings and other papers. 

No Yes 4901-1-08 Practice before the commission, representation of corporations, and designation of counsel of record. 

No Yes 4901-1-09 Ex parte discussion of cases. 

No Yes 4901-1-10 Parties. 

No Yes 4901-1-15 Interlocutory appeals. 

No Yes 4901-1-18 Filing and service of discovery requests and responses. 

No Yes 4901-1-21 Depositions. 

No Yes 4901-1-24 Motions for protective orders. 

No Yes 4901-1-25 Subpoenas. 

No Yes 4901-1-27 Hearings. 

No Yes 4901-1-28 Reports of investigation and objections thereto. 

No Yes 4901-1-30 Stipulations. 

No Yes 4901-1-35 Applications for rehearing. No Yes 4901-1-36 Supreme court appeals. No Yes 4901-1-38 General provisions. No No 4901-1-38 General provisions. 

 of Ohio • 

Filing Date: 3/26/2014 Jurisdiction Ends: 5/30/2014 Public Hearing: 

.c&l FYR Rule Number Rule Title 

No Yes 4901-3-01 Commission meetings. 

No Yes 4901-3-02 Photographing, filming, and recording. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 10 • 5/19/2014 
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JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014-1:00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

n of Ohio • 

Filing Date: 3126/2014 

CSI FYR Rule Number 

No Yes 4901-9-01 

 of Ohio • Utilities 

Filing Date: 3/26/2014 

CSI FYR Rule Number 

Yes Yes 4901:1-1-01 Yes Yes 4901:1-1-03 

rosthetics. and Pedorthics • 

Filing Date: 3/1712014 

CSI FYR Rule Number 

Jurisdiction Ends: 5/30/2014 

Rule Title 

Complaint proceedings. 

Jurisdiction Ends: 5/30/2014 

Rule Title 

Consumer information. 

Duty to disclose tariffs. 

Jurisdiction Ends: 5/21/2014 

Rule Title 

FINAL AGENDA 

Public Hearing: 

Public Hearing: 

Public Hearing: 4/23/2014 

Yes 

Yes 

No 

Yes 

4779-5-05 4779-8-01 

Consideration of Military Experience, Education, Training and Term of Service. 

Renewal of license. 

Yes No 

Filing Date: 3/27/2014 

CSI FYR 

Yes No 

 Lottery Commission 

Filing Date: 3/24/2014 

CSI FYR 

 

Yes Yes 

Filing Date: 3/24/2014 

.Q£ EYE 

 

Yes Yes 

Filing Date: 3/24/2014 

CSI FYR 

4779-9-04 Extension of OPPCE reporting period for licensee called to active duty military. 

Rule Number 

4729-11-03 

Jurisdiction Ends: 5/31/2014 

Rule Title 

Schedules II, Ill, IV and V. 

Date of Revised Filing: 3/2412014 Jurisdiction Ends: 5/28/2014 

Rule Number 

3770:1-8-01 

Rule Number 

3770-4-07 

Rule Number 

Rule Title Persons entitled to receive prizes. 

Jurisdiction Ends: 5/28/2014 

Rule Title 

Stolen and destroyed tickets. 

Jurisdiction Ends: 5/28/2014 

Rule Title 

Public Hearing: 5/6/2014 

Public Hearing: 4/29/2014 Public Hearing: 4/29/2014 

Public Hearing: 4/29/2014 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 11 • 511912014 
 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

Yes Yes 3770-4-08 

Filing Date: 3/19/2014 

.\&[ EYE Rule Number 

Yes Yes 4731-24-04 

cjan 8ssistan! Licensing • 

Filing Date: 3/19/2014 

CSI FYR Rule Number 

Yes Yes 4730-1-03 

Yes Yes 4730-1-07 

Yes Yes 4730-2-02 

Yes Yes 4730-2-06 

Yes Yes 4730-2-07 

Yes No 4730-2-10 

Yes Yes 4730-3-01 

Yes Yes 4730-3-02 

• Defined Beo!!fits 

Filing Date: 3/24/2014 

CSI FYR Ryle Number 

No Yes 3307:1-11-06 No Yes 3307:1-11-11 

No Yes 3307:1-11-12 No Yes 3307:1-13-01 

• Defioed Contributions 

iling Date: 3/24/2014 

CSI FYR Rule Number 

No Yes 3307:2-1-01 No Yes 3307:2-2-03 No Yes 3307:2-3-01 No Yes 3307:2-3-03 

Payment of minor prizes. 

Jurisdiction Ends: 5/23/2014 

Ryle Title 

Anesthesiologist assistants: prohibitions. 

Jurisdiction Ends: 5/23/2014 

Rule Title Duties of a supervising physician. 

Miscellaneous provisions. 

Educational requirements for prescriptive authority. 

Physician assistant formulary. 

Standards for prescribing. 

Public Hearing: 4/23/2014 Public Hearing: 4/23/2014 

4 730-2-10 Standards and procedures for review of "Ohio Automated Rx Reporting 

System" (OARRS). 

Definitions. 

Criminal records checks. 

Jurisdiction Ends: 5/28/2014 Public Hearing: 

Rule Title 

Health care services - open enrollment and plan changes. 

Health care assistance. 

"Health care fund". 

Re-employment restrictions applicable to retirants. Rule Title Definitions. 

Jurisdiction Ends: 5/28/2014 

Establishment of combined plan. Election by new members. 

Permanent elections. 

Public Hearing: 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614} 466-4086 • www.jcarr.state.oh.us ·Page 12 • 5!1912014 
A 

No Yes No Yes No Yes 

No Yes No Yes No Yes No Yes No Yes 

No Yes 

No Yes No Yes No Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

FINAL AGENDA 

3307:2-4-01 Participants generally ineligible to purchase credit. 3307:2-4-03 Combined plan participant leaves of absence. 

3307:2-5-03 Distributions from the combined plan. 

3307:2-5-06 Annuitization of defined contribution amounts. 

3307:2-5-07 Beneficiaries. 3307:2-5-08 Spousal consent. 3307:2-5-09 Plans of payment. 

3307:2-6-0'1 Combined plan disability benefits. 3307:2-6-02 Combined plan survivor benefits. 

3307:2-6-03 Combined plan health benefits. 

3307:2-7-02 Allocation of funds. 

3307:2-7-03 Rollovers received. 

To Be Refiled 

Filing Date: 4/1/2014 Date alTo Be Refiled: 5/6/2014 Jurisdiction Ends: Public Hearing: 5/5/2014 

CSI 

Yes Yes Yes Yes 

Yes Yes 

FYR 

Yes Yes Yes Yes 

Yes Yes 

Rule Number 

3701-82-01 3701-82-01.1 3701-82-01.2 3701-82-01.3 3701-82-01.4 3701-82-02 

Rule Title 

Application procedures for lead training programs. 

Qualifications for training managers and instructors. 

Duties of approved training programs and training managers. 

Training program requirements. Third party licensure examination administration. 

Application procedures for environmental lead analytical laboratory and clinical 

laboratory approval and standards of conduct. 

Filing Date: 4/1/2014 Date of To Be Refiled: 5/6/2014 Jurisdiction Ends: Public Hearing: 5/5/2014 

CSI 

Yes Yes Yes 

FYR 

Yes Yes Yes 

Rule Number 

3701-32-01 3701-32-03 3701-32-04 

Rule Title Definitions. 

General provisions and prohibitions. 

General application procedures, provisions, and qualifications for clearance 

technician, lead inspector, lead risk assessor, lead abatement contractor, lead 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • {614) 466-4086 • www.jcarr.state.oh.us • Page 13 • 5/1912014 
 

Yes Yes 

Yes Yes 

Yes Yes Yes Yes 

Yes Yes 

Yes Yes 

Yes Yes 

Yes Yes Yes Yes Yes Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

3701-32-07 3701-32-10 3701-32-12 3701-32-13 3701-32-14 3701-32-16.1 

3701-32-16.2 

3701-32-16.3 3701-32-17 3701-32-18 

abatement worker or lead abatement project designer. 

Lead risk assessor scope of practice and standards of conduct 

Lead abatement project designer scope of practice and standards of conduct. 

Clearance examinations. 

Encapsulant requirements. Record keeping and reporting requirements for environmental lead analytical and 

clinical laboratories. 

Qualifications for essential maintenance practices and lead-safe renovation training 

managers and instructors. 

Duties of approved essential maintenance practices and lead-safe renovation 

training program and training managers. 

Essential maintenance practices and lead-safe renovation training program 

requirements. 

Essential maintenance practices. 

Variances. 

ily Services • Division of Social Services 

Filing Date: 3/25/2014 Date of To Be Refiled: 5/1/2014 Jurisdiction Ends: Public Hearing: 4/29/2014 

.Qlli FYR Rule Rul!;! Title 

No Yes 5101:2-18-01 Definitions for registered and approved child day camps. 

Yes Yes 5101:2-18-03 Requirements for registered day camps. 

No Yes 5101:2-18-04 Application and fee required for approved child day camps. No Yes 5101:2-18-05 Inspection of approved child day camps. No Yes 5101:2-18-06 Issuance and renewal of approvals for child day camps. No Yes 5101:2-18-07 Complaint investigations of approved child day camps investigation. 

No Yes 5101:2-18-08 Denial and termination of approval for child day camps. No Yes 5101:2-18-09 Environmental health inspections for approved child day camps. No Yes 5101:2-18-10 Requirements for personnel in approved child day camps. No Yes 5101:2-18-10.1 Statement of nonconviction and criminal records checks for approved child day 

camps. 

No Yes 5101:2-18-11 Training requirements for program personnel in approved child day camps. 

No Yes 5101:2-18-12 Requirements for supervision of children in approved child day camps. 

No Yes 5101:2-18-13 Requirements for program activities in approved child day camps. 

No Yes 5101:2-18-14 Requirements for field trips from approved child day camps. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www-fcarr.state.oh.us • Page 14 • 511912014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

No Yes 5101:2-18-15 Requirements for health care and medication administration in approved child day 

camps. 

No Yes 5101:2-18-17 Requirements for first aid supplies in an approved child day camp. 

No Yes 5101:2-18-18 Requirements for the care of children with special needs in an approved child day 

camp. 

No Yes 5101:2-18-19 Information for parents of children attending approved child day camps. 

No Yes 5101:2-18-20 Requirements for records of children in approved child day camps. No Yes 5101:2-18-21 Safety requirements in approved child day camps. 

No Yes 5101:2-18-22 Behavior management for children in approved child day camps. 

No Yes 5101:2-18-23 Medical emergency procedures in approved child day camps. 

No Yes 5101:2-18-24 Food preparation in approved child day camps. 

No Yes 5101:2-18-25 Vehicle safety and driver training in approved child day camps. 

ilv Services • Divi.sionof Social Services 

Filing Date: 3/25/2014 

.Qlli .EYE 

No Yes 

Date of To Be Refiled: 5/1/2014 Jurisdiction Ends: Public Hearing: 4/29/2014 

Rule Number Rule Title 

5101:2-18-02 Programs that are exempt from being a registered or an approved child day camp. 

cian Assistant Licensing • 

Filing Date: 3/19/2014 

CSI FYR 

Yes Yes Yes Yes Yes Yes 

Yes Yes 

Date ofTo Be Refiled: 4/28/2014 Jurisdiction Ends: 

Rule Number 

4730-1-06 4730-1-08 4730-2-03 4730-2-05 

Rule Title 

Certificate to practice as a physician assistant. 

Special services plan. 

Application for a provisional certificate to prescribe. 

Certificate to prescribe. 

Withdrawn 

Public Hearing: 4/23/2014 

ily Services • Division of Social Services 

Filing Date: 3/24/2014 

CSI FYR 

g Yes Yes 

Date of Withdrawn Filing: 5/12/2014 Jurisdiction Ends: Public Hearing: 4/29/2014 

Rule Number 

5101:2-47-11 

Rule Title Reimbursement for foster care maintenance costs for children's residential centers, 

group homes, maternity homes, residential parenting facilities, and purchased 

foster care homes. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 15 • 511912014 
 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

5/19/2014- 1:00 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

g Yes Yes 5101:2-47-26.1 g Yes Yes 5101:2-47-26.2 

Public children services agencies (PCSA), private child placing agencies (PCPA), 

private noncustodial agencies (PNA): Title IV-E cost report filing requirements, 

record retention requirements and related party disclosure requirements. 

Cost report "Agreed Upon Procedures" engagement. 

urces • Division of Watercraft 

Filing Date: 3/17/2014 

CSI FYR 

g No Yes 

g No No 

Date of Withdrawn Filing: 5/8/2014 Jurisdiction Ends: Public Hearing: 4/24/2014 

Rule Title 

Lakes permitting electric motors only. 

Rule Number 

1501:47-3-17 1501:47-3-97 No wake operation on the waters of Hargus lake - pilot program. 

n and Correction • Division of Parole and Communitv Services 

Filing Date: 5/12/2014 

FYR 

g No Yes 

 of Ohio • Utilities 

Filing Date: 3/7/2014 

CSI FYR 

g Yes Yes g Yes Yes 

egistration • 

Filing Date: 5/12/2014 

CSI FYR 

g Yes No 

Date of Withdrawn Filing: 5/16/2014 Jurisdiction Ends: 

Rule Number Rule Title 

5120:1-1-35 Contracts for the transportation of inmates. 

Date of Withdrawn Filing: 5/16/2014 

Rule Title 

Definitions. 

Jurisdiction Ends: 

Public Hearing: 6/12/2014 Public Hearing: 

Rule Number 

4901:1-41-01 4901:1-41-03 Greenhouse gas reporting and carbon dioxide control planning. 

Date of Withdrawn Filing: 5/13/2014 Jurisdiction Ends: Public Hearing: 6/11/2014 

Rule Number Rule Title 

4736-17-01 Registration for Current and Former Servicemen & Servicewomen. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 16 • 5/19/2014 
Article Ill 

Attachment D 

Final Adoption Notice to LSC 

Director and Secretary of State 

Electrcni Ru 

The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High Sl, Concourse Level 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuan

Ohio Revised Code. 

Package Number: 118498 

File Date and Time: 

Confirmation Number: 

06/02/2014 09:59AM 

7ce368399c2b7378a847724c2c6be7b 

FINAl FILE 

Rule Number Type FYR CSI JE Date Eff Date 

3745-102-01 Rescission y y 05/24/2014 06/12/2014 

3745-102-02 Rescission y y 05/24/2014 06/12/2014 

3745-102-03 Rescission y y 05/24/2014 06/12/2014 

37 45-102-04 Rescission y y 05/24/2014 06/12/2014 

3745-102-05 Rescission y y 05/24/2014 06/12/2014 

3745-102-06 Rescission y y 05/24/2014 06/12/2014 

Page 1 

Next FYR Tag line 

Purpose. Definitions. 

Applicability. 

Conformity analysis, report

participation and consultat

Conformity determinations

Mitigation of air quality imp