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Rules to be withdrawn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

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### 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 RulesTO 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 indirect3745-102-02 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 and3745-102-02 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
2 X 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 an3745-102-03 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 CERCLA3745-102-03 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 any3745-102-03 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 exceed3745-102-03 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 9TO 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 3TO 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, or3745-102-05 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 availability3745-102-05 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; and3745-102-05 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 whichthe 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 LSCElectronicRuleTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission77SouthHighSt.,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourselevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyoriginalfiledthefollowingrule(s)pursuanttosection119.03oftheOhioRevisedCode.PackageNumber:118498FileDateandTime:ConfirmationNumber:03/20/201410:45AMf28672a2ccf9b11068b4a3f296818511ORIGINALFILERuleNumberTypeFYRCSIJEDateEffDate3745-102-01Rescissionyy05/24/20143745-102-02Rescissiony y05/24/20143745-102-03Rescissionyy05/24/20143745-102-04Rescissiony y05/24/20143745-102-05Rescissiony y05/24/20143745-102-06Rescissiony y05/24/2014Page1NextFYRTaglinePurpose.Definitions.Applicability.Conformityanalysis,reportingrequirements,publicparticipationandconsultation.Conformitydeterminations.Mitigationofairqualityimpacts.

# 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 OhioPage 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 thisPage4 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? NoPage 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!:\\1Page 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 121.71Page 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/SPage4 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? NoPage 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? NoRule 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 rulePage 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 ApplicablePage4 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: 3745-102-03Page 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(JPage 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? NoRule 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 contentPage 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(** ••**,,,~** \'cPage 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? NoRule 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 ofPage 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 currentPage 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? NoPage 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? NoPage 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 wasPage 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 ApplicablePage4 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? NoPage 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 AgendaFINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEWAgenda-5/19/2014- 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10-3-04BuleTitleProhibitions.JurisdictionEnds:6/4/2014PublicHearing:5/6/2014SafetyStandardsforInflatableAmusementDevices.JurisdictionEnds:6/4/2014RuleTitleDefinitions.Generalprovisions.Electronicclawamusementgames.JurisdictionEnds:5/25/2014RuleTitleGeneraladministrativerequirementsforpermits.Criteriafordecision-making.Certifiedlivestockmanager.Permitmodifications.Permittoinstall:sitingcriteria.Fabricatedstructures.PublicHearing:5/6/2014PublicHearing:4/21/2014Contentsofthemanuremanagementplan:inspections,maintenanceandmonitoring.Contentsofmanuremanagementplan:distributionandutilizationmethods.Contentsofmanuremanagementplan:methodstominimizeodors.Permittooperateandoperatingrecordrequirements.Permittooperate:insectandrodentcontrolplan.Annualreport.AdditionalrequirementsforaNPDESpermitapplication.Dairycowsandcattleotherthanvealcalves.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel·Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page2•511912014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)AmendmentOriginalFilingAmendmentOriginalFilingYes 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Yes1301:8-10-02Electronicdatabase.TotalRules:1OriginalFilingDate:3/19/2014DateofRevisedFiling:4/1/2014JurisdictionEnds:5/23/2014PublicHearing:4/23/2014RuleIYP!lActionCSIE:lERuleNumb§rRuleIitl§NewRuleRevisedFilingYesNo1301:8-10-01Criteriaforqualifyingtoprovidecounselingservices.8DepartmentofCommerce•DivisionofUnclaimedFundsTotalRules:4OriginalFilingDate:4/1/2014Rul!lTypeActionCSIFYRRuleRescissionOriginalFilingYes Yes1301:10-3-07NewRuleOriginalFilingYesNo1301:10-3-07AmendmentOriginalFilingYes Yes1301:10-3-08JurisdictionEnds:6/5/2014RuleTitleFundsconstitutingunclaimedfunds.Lawfulclaimsorchargesbyholder.Instrumentsrepresentingownershipinterest.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.PublicHearing:5/6/2014JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page3•5119120149FINALAGENDAAmendmentOriginalFilingYesYesDel!artmentofCommerce•WageandHourJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.SenateFinanceHearingRoom(FinanHearingRoom)1301:10-5-03Safedepositboxcontents.FINALAGENDATotalRules:1OriginalFilingDate:3/27/2014DateofRevisedFiling:3/28/2014JurisdictionEnds:5/31/2014PublicHearing:4/29/2014RuleTvoeActionAmendmentRevisedFilingNoFYRRuleNumberYes4101:9-4-01RuleTitlePublichearingsonadoption,amendment,orrescissionofrules;methodsofpublicnotice.10l:!!!l!artmentofHei!l!h•TotalRules:12OriginalFilingDate:3/26/2014RuleActionCSIFYRRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoAmendmentOriginalFilingYesYesAmendmentOriginalFilingYesYesRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoAmendmentOriginalFilingYesYesRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoTotalRules:1OriginalFilingDate:3/26/2014RuleActionCSIFYRRescissionRevisedFilingYes YesTotalRules:1OriginalFilingDate:3/26/2014RuleT::£Q!2ActionFYRAmendmentRevisedFilingYesYes11Del!artmentofHealth•TotalRules:2OriginalFilingDate:3/26/2014RuleTvoeActionCSIFYRRuleNumber3701-3-02.13701-3-02.1JurisdictionEnds:5/30/2014RuleTitleReportingofoccupationaldiseases.Reportingofoccupationaldiseases.PublicHearing:5/5/20143701-3-02.23701-3-083701-3-103701-3-103701-3-123701-3-133701-3-283701-3-283701-3-29Air-andblood-bornediseasesreasonablylikelytobetransmittedtoemergencymedicalservicesworkers.Releaseofpatient'smedicalrecords.Approvalofhumanimmunodeficiencyvirustests.Approvalofhumanimmunodeficiencyvirustests.AIDS,ARC,andHIVtestreporting.Isolationrequirement.Reportofbiteofdogorothermammal.Reportofbiteofdogorothermammal.Bitinganimaltobeconfined;veterinariantoreport.3701-3-29Bitinganimaltobeconfined;veterinariantoreport.DateofRevisedFiling:4/8/2014JurisdictionEnds:5/30/2014PublicHearing:5/5/2014RuleTitleRuleNumber3701-3-12AIDS,ARC,andHIVtestreporting.DateofRevisedFiling:4/9/2014JurisdictionEnds:5/30/2014RuleTitleRuleNumber3701-3-30Reportofsuspectedrabidmammal.DateofRevisedFiling:4/11/2014JurisdictionEnds:5/30/2014RuleNumberRuleTitlePublicHearing:5/5/2014PublicHearing:5/5/2014Clickontherulenumber!nblueabovetoviewtherulelnitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page4•5/19/2014FINALAGENDAAmendmentRevisedFilingNewRuleRevisedFiling12DepartmentofInsurance•YesYesYesNoJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.SenateFinanceHearingRoom(FinanHearingRoom)Minimumstandards.FINALAGENDA3701-36-033701-36-05Collect,report,andsharepublichealthqualityindicators.TalaiRules:3OriginalFilingDate:4/4/2014JurisdictionEnds:6/8/2014PublicHearing:5/5/2014RuleTypeAction.QmFYRRuleNumberRyleTitleYesYes3901-6-10Valuationoflifeinsurancepolicies.AmendmentOriginalFilingAmendmentOriginalFilingYesYes3901-6-15Preneedlifeinsuranceminimumstandardsfordeterminingreserveliabilitiesandnonforfeiturevalues.AmendmentOriginalFilingYesYesTotalRules:1OriginalFilingDate:4/4/2014RuleTypeActionCSIFYRAmendmentRevisedFiling13DepartmentofInsurance•YesYesTotalRules:2OriginalFilingDate:4/4/2014RuleTypeActionCSIFYRRescissionOriginalFilingYesYes3901-8-11Unfairhealthclaimpractices.DateofRevisedFiling:4/24/2014JurisdictionEnds:6/8/2014RuleNumber3901-6-08RuleNumber3901-6-14RuleTitleVariablelifeinsurance.JurisdictionEnds:6/8/2014RuleTitleNewRuleOriginalFilingYesNo3901-6-14Annuitydisclosure.Annuitydisclosure.14DepartmentofJobandFamilyServices·ChildSupportTotalRules:5OriginalFilingDate:3/25/2014RuleTypeActionCSIFYRRuleNym!l!1rAmendmentOriginalFilingNoYes5101:12-45-05AmendmentOriginalFilingNoYes5101:12-45-05.1AmendmentOriginalFilingNoYes5101:12-45-05.2AmendmentOriginalFilingNoYes5101:12-45-05.3JurisdictionEnds:5/29/2014RuleTitleSupportorderestablishment.Schedulingtheadministrativesupporthearing.Conductingtheadministrativesupporthearing.Administrativesupportorder.PublicHearing:5/5/2014PublicHearing:5/5/2014PublicHearing:4/29/2014NewRuleOriginalFilingNo No5101:12-45-99Chapter5101:12-45forms-supportestablishment.15DepartmentofJobandFamilyServices•DivisionofFoodStampsTotalRules:3RuleTyp!1RescissionNewRuleNewRuleOriginalFilingDate:3/28/2014ActionCSIFYROriginalFilingNoYesOriginalFilingNoNoOriginalFilingNoNoRuleNumber5101:4-8-305101:4-8-305101:4-8-30.1JurisdictionEnds:6/1/2014RuleTitleFoodassistance:Treasuryoffsetprogram.Foodassistance:Treasuryoffsetprogram.PublicHearing:Foodassistance:Reviewofaclaimpendingatreasuryoffsetprogramreferral.CllckontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel·Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page5•5/1912014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.SenateFinanceHearingRoom(FinanHearingRoom)16DepartmentofJobandFamilyServices·DivisionofSocialServicesTotalRules:1OriginalFilingDate:3/12/2014DateofRefiledFiling:5/2/2014JurisdictionEnds:6/1/2014RuleTypeAction.Q.§lFYRRuleNumberRuleTitleFINALAGENDAPublicHearing:4/14/2014AmendmentRefiledFilingNoYes5101:2-44-05.2Coveredfamiliesandchildren(CFC)medicaideligibilityforstateadoptionsubsidyrecipientmovingfromortoOhio.17DepartmentofJobandFamilyServices•DivisionofSocialServicesTotalRules:2OriginalFilingDate:3/11/2014DateofRefiledFiling:4/25/2014JurisdictionEnds:5/25/2014RuleTypeAction.Q.§lFYRAmendmentRefiledFilingAmendmentRefiledFilingYesYesYesYesRuleNumber5101:2-9-165101:2-9-2118DepartmentofJobandFamilyServices•DivisionofSocialServicesRuleTitleVisitingandcommunications.Care,supervisionanddiscipline.TotalRules:2OriginalFilingDate:3/14/2014DateofRefiledFiling:4/25/2014JurisdictionEnds:5/25/2014RuleTypeAction.Q.§lFYRAmendmentRefiledFilingNoYesAmendmentRefiledFilingNoYesRuleNumber5101:2-7-095101:2-7-1219DepartmentofMentalHealthandAddictionServices•TotalRules:2OriginalFilingDate:4/2/2014RuleTypeActionCSIFYRRuleNumberRescissionOriginalFilingYesYes5122-26-19RuleTitleCare,supervisionanddiscipline.Siteandsafetyrequirementsforafosterhome.JurisdictionEnds:6/6/2014RuleTitleUniformcostreporting.PublicHearing:4/14/2014PublicHearing:4/17/2014PublicHearing:5/7/2014RescissionOriginalFilingYesYes5122-26-19.1Actualuniformcostreport(AUCR)agreeduponproceduresandreportsubmissionrequirement.20DepartmentofMentalHealthandAddictionServices•DepartmentalProceduresTotalRules:1OriginalFilingDate:3/31/2014JurisdictionEnds:6/4/2014RuleTypeAction.Q.§lFYRRuleNumberRuleTitleRescissionOriginalFilingNoYes3793:6-1-01Departmentwithholdingfunds.21DepartmentofMentalHealthandAddictionServices•FiscalAdministrationTotalRules:1OriginalFilingDate:3/31/2014DateofRevisedFiling:5/1/2014JurisdictionEnds:6/4/2014RuleTypeAction.Q.§lFYRRuleTitleNewRuleRevisedFilingNo NoRuleNumber5122:1-3-02Departmentwithholdingfunds.22DepartmentofMentalHealthandAddictionServices•ProgramStandardsClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.PublicHearing:5/6/2014PublicHearing:5/6/2014JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)•www.jcarr.state.oh.us•Page6•511912014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)TotalRules:2OriginalFilingDate:4/212014Ryl§I¥QeActionCSIFYRRescissionOriginalFilingYesYesRescissionOriginalFilingYesYesRuleNumber3793:2-1-093793:2-1-10JurisdictionEnds:61612014PublicHearing:5/7/2014RuleTitleUniformcostreporting.Actualuniformcostreportagreeduponproceduresandreportsubmissionrequirement.23DepartmentofNatyralResources•DivisionofWatercraftTotalRules:2OriginalFilingDate:3/1712014RuleT¥QeActionCSIFYRAmendmentRevisedFilingNewRuleRevisedFiling24DepartmentofTaxation•NoYesNo NoTotalRules:2OriginalFilingDate:3118/2014RuleT¥QeActionCSIFYRAmendmentOriginalFilingAmendmentOriginalFiling25DepartmentofTaxation•NoYesNoYesTotalRules:1OriginalFilingDate:312412014RuleT¥oeActionCSIFYRNewRuleOriginalFilingYesNo26DepartmentofTaxation•TotalRules:3OriginalFilingDate:4/1/2014RuleT¥oeActionCSIFYRNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNo27DepartmentofYouthServices•TotalRules:2OriginalFilingDate:312412014RuleT¥0eActionCSIFYRRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesDateofRevisedFiling:313112014JurisdictionEnds:5/2112014PublicHearing:4/2212014RuleNumber1501:47-3-191501:47-3-98RuleNumber5703-7-015703-7-02RuleNumber5703-11-04RuleNumber5703-37-015703-37-025703-37-03RuleNumber5139-68-015139-68-03RyleTitleLakespermittingtenhorsepower.Unlimitedhorsepoweratno-wakespeed-Actonlakepilotprogram.JurisdictionEnds:512212014PublicHearing:RuleTitleTimeforfilingannualpersonalincometaxreturnforpersononafiscalyearbasis.Applicationsforpersonalincometaxrefunds.JurisdictionEnds:5/2812014PublicHearing:RuleTitleMotorfueltaxtaxpayersmustfileandpayelectronically.JurisdictionEnds:61512014RuleTitleRecordsretentionpolicy.Sampling.Suppliermustfileandpayelectronically.RyleTitleDefinitions.JurisdictionEnds:5/2812014Releaseauthorityprocedures.PublicHearing:PublicHearing:4/2412014ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page7•5/1912014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.SenateFinanceHearingRoom(FinanHearingRoom)TotalRules:6OriginalFilingDate:3/24/2014DateofRevisedFiling:4/2/2014JurisdictionEnds:5/28/2014RuleTypeActionCSIFYRNewRuleRevisedFilingNo NoNewRuleRevisedFilingNoNoNewRuleRevisedFilingNo NoNewRuleRevisedFilingNo NoNewRuleRevisedFilingNoNoNewRuleRevisedFilingNoNo28DepartmentQfYouthServices•TotalRules:5OriginalFilingDate:3/24/2014RuleTypeActionCSIFYRNewRuleRevisedFilingNo NoNewRuleRevisedFilingNoNoNewRuleRevisedFilingNoNoRuleNumber5139-68-045139-68-055139-68-065139-68-075139-68-095139-68-10RuleTitleRegularreleasereviews.Expeditedreleasereviews.Specialreleasereviews.Appealofreleasereview.Revocationreviews.Dischargereviews.DateofRevisedFiling:4/2/2014JurisdictionEnds:5/28/2014RuleTitleDefinitions.Reentryplans.Longtermyouthprogressreviews.FINALAGENDAPublicHearing:4/24/2014PublicHearing:NewRuleRevisedFilingNoNewRuleRevisedFilingNoNoNoRuleNumber5139-68-015139-68-035139-68-085139-68-115139-68-12Releaseauthorityinformationandeducationprogram.Constructivejournalization.29OhioBoardQfRegents•TotalRules:1OriginalFilingDate:3/18/2014RuleTypeActionFYRAmendmentOriginalFilingNoYes30OhioDepartmentofMedicaid•TotalRules:1OriginalFilingDate:3/20/2014RuleNumber3333-1-01RuleTypeActionCSIFYRRuleNumberJurisdictionEnds:5/22/2014PublicHearing:RuleTitleOrganizationandprocedure.JurisdictionEnds:5/24/2014PublicHearing:4/28/2014RuleTitleAmendmentOriginalFilingYes Yes5160-31-06ProviderconditionsofparticipationforthePASSPORTHCBSwaiverprogram.31OhioDepartmentofMedicaid•TotalRules:2RuleTypeNewRuleNewRuleOriginalFilingDate:2/27/2014ActionCSIFYRRefiledFilingNo NoRefiledFilingNo No32OhioEnvimnmentalProtectionAgency•DateofRefiledFiling:4/21/2014JurisdictionEnds:5/21/2014RuleNumber5160-41-185160-41-19RuleTitleIndividualoptionswaiver-paymentstandards.Levelonewaiver-paymentstandards.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.PublicHearing:3/31/2014JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www_Jcarr.state.ohus•Page8•5/19/2014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)TotalRules:1OriginalFilingDate:3/27/2014RuleTypeActionCSIFYRRescissionOriginalFilingYesYesTotalRules:1OriginalFilingDate:3/27/2014RuleTypeAction.QSlFYRAmendmentRevisedFilingYes YesRules:1OriginalFilingDate:3/27/2014RuleTypeActionCSIFYRewRuleRefiledFilingYesNoOhioEnvironmentalProtectionAgencu•'TotalRules:6OriginalFilingDate:3/20/2014RuleTypeActionCSIFYRRescissionOriginalFilingYes YesRescissionOriginalFilingYesYesRescissionOriginalFilingYes YesRescissionOriginalFilingYes YesRescissionOriginalFilingYes YesRescissionOriginalFilingYesYes34OhioEnvironmentalProtectionAgency•TotalRules:6OriginalFilingDate:3/17/2014RuleTypeActionCSIFYRAmendmentOriginalFilingYes YesAmendmentOriginalFilingYesYesAmendmentOriginalFilingYes YesAmendmentOriginalFilingYesYesAmendmentOriginalFilingYes YesAmendmentOriginalFilingYes YesJurisdictionEnds:5/31/2014PublicHearing:5/1/2014RuleNumberRuleTitle3745-81-76Watersourcedesignation.DateofRevisedFiling:4/16/2014JurisdictionEnds:5/31/2014PublicHearing:5/1/2014RuleNumberRuleTitle3745-81-01Definitions.DateofRefiledFiling:5/7/2014JurisdictionEnds:6/6/2014PublicHearing:5/1/2014RuleNumber3745-81-76RuleNumber3745-102-013745-102-023745-102-033745-102-043745-102-053745-102-06RuleNumber3745-84-013745-84-023745-84-033745-84-043745-84-053745-84-06RuleTitleWatersourcedesignation.RuleTitlePurpose.Definitions.Applicability.JurisdictionEnds:5/24/2014PublicHearing:4/29/2014Conformityanalysis,reportingrequirements,publicparticipationandconsultation.Conformitydeterminations.Mitigationofairqualityimpacts.RuleTitleDefinitions.JurisdictionEnds:5/21/2014PublicHearing:4/21/2014Applicationforalicensetooperateormaintainapublicwatersystem.Expirationandrenewaloflicensetooperateormaintainapublicwatersystem.Formatanddisplayoflicensetooperateormaintainapublicwatersystem.Feesforoperatingormaintainingapublicwatersystem.Conditioning,denial,suspensionandrevocationofalicensetooperateormaintainapublicwatersystem.35OhioOccupationalTherapy.PhysicalTherapy.andAthleticTrainersBoard•TotalRules:2OriginalFilingDate:4/1/2014JurisdictionEnds:6/5/2014PublicHearing:5/8/2014RuleTypeActionCSIFYRRuleNumberRuleTitleClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•{614)466-4086•www.jcarr.state.oh.us•Page9•511912014FINALAGENDAAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYes36PublicU!ilitiesCommissionofOhio•JOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.SenateFinanceHearingRoom(FinanHearingRoom)4755-8-02Definitions.4755-8-05Confidentialitystatutes.FINALAGENDATotalRules:21OriginalFilingDate:3/26/2014JurisdictionEnds:5/30/2014PublicHearing:RulliAction.c&lFYRRuleNumberRuleTitleAmendmentOriginalFilingNoYes4901-1-01Definitions.RescissionOriginalFilingNoYes4901-1-02Filingofpleadingsandotherpapers.NewRuleOriginalFilingNoNo4901-1-02Filingofpleadingsandotherdocuments.AmendmentOriginalFilingNoYes4901-1-03Formofpleadingsandotherpapers.AmendmentOriginalFilingNoYes4901-1-04Signingofpleadings.AmendmentOriginalFilingNoYes4901-1-05Serviceofpleadingsandotherpapers.AmendmentOriginalFilingNoYes4901-1-08Practicebeforethecommission,representationofcorporations,anddesignationofcounselofrecord.AmendmentOriginalFilingNoYes4901-1-09Expartediscussionofcases.AmendmentOriginalFilingNoYes4901-1-10Parties.AmendmentOriginalFilingNoYes4901-1-15Interlocutoryappeals.AmendmentOriginalFilingNoYes4901-1-18Filingandserviceofdiscoveryrequestsandresponses.AmendmentOriginalFilingNoYes4901-1-21Depositions.AmendmentOriginalFilingNoYes4901-1-24Motionsforprotectiveorders.AmendmentOriginalFilingNoYes4901-1-25Subpoenas.AmendmentOriginalFilingNoYes4901-1-27Hearings.AmendmentOriginalFilingNoYes4901-1-28Reportsofinvestigationandobjectionsthereto.AmendmentOriginalFilingNoYes4901-1-30Stipulations.AmendmentOriginalFilingNoYes4901-1-35Applicationsforrehearing.AmendmentOriginalFilingNoYes4901-1-36Supremecourtappeals.RescissionOriginalFilingNoYes4901-1-38Generalprovisions.NewRuleOriginalFilingNo No4901-1-38Generalprovisions.37PyblicUtiliti!!li!:;Qmmi!;sionofOhio•TotalRules:2OriginalFilingDate:3/26/2014JurisdictionEnds:5/30/2014PublicHearing:Rul!!Action.c&lFYRRuleNumberRuleTitleAmendmentOriginalFilingNoYes4901-3-01Commissionmeetings.AmendmentOriginalFilingNoYes4901-3-02Photographing,filming,andrecording.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page10•5/19/2014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.SenateFinanceHearingRoom(FinanHearingRoom)38PublicUtilitiesCommissionofOhio•TotalRules:1OriginalFilingDate:3126/2014RuleTvoeActionCSIFYRRuleNumberAmendmentOriginalFilingNoYes4901-9-0139PublicUtilitiesCommissionofOhio•UtilitiesTotalRules:2OriginalFilingDate:3/26/2014RuleTypeActionCSIFYRRuleNumberAmendmentOriginalFilingYesYes4901:1-1-01AmendmentOriginalFilingYesYes4901:1-1-0340StateBoardofOrthotics.Prosthetics.andPedorthics•TotalRules:3OriginalFilingDate:3/1712014RuleTypeActionCSIFYRRuleNumberJurisdictionEnds:5/30/2014RuleTitleComplaintproceedings.JurisdictionEnds:5/30/2014RuleTitleConsumerinformation.Dutytodisclosetariffs.JurisdictionEnds:5/21/2014RuleTitleFINALAGENDAPublicHearing:PublicHearing:PublicHearing:4/23/2014NewRuleOriginalFilingYesAmendmentOriginalFilingYesNoYes4779-5-054779-8-01ConsiderationofMilitaryExperience,Education,TrainingandTermofService.Renewaloflicense.NewRuleOriginalFilingYesNo41StateBoardofPharmacv•TotalRules:1RuleTypeOriginalFilingDate:3/27/2014ActionCSIFYRNewRuleOriginalFilingYesNo42StateLottervCommission•LotteryCommissionTotalRules:1OriginalFilingDate:3/24/2014RuleTypeActionCSIFYRAmendmentRevisedFiling43StateLotteryCommission•YesYesTotalRules:1OriginalFilingDate:3/24/2014RuleTypeAction.Q£EYEAmendmentOriginalFiling44StateLotteryCommission•YesYesTotalRules:1OriginalFilingDate:3/24/2014RuleTypeActionCSIFYR4779-9-04ExtensionofOPPCEreportingperiodforlicenseecalledtoactivedutymilitary.RuleNumber4729-11-03JurisdictionEnds:5/31/2014RuleTitleSchedulesII,Ill,IVandV.DateofRevisedFiling:3/2412014JurisdictionEnds:5/28/2014RuleNumber3770:1-8-01RuleNumber3770-4-07RuleNumberRuleTitlePersonsentitledtoreceiveprizes.JurisdictionEnds:5/28/2014RuleTitleStolenanddestroyedtickets.JurisdictionEnds:5/28/2014RuleTitlePublicHearing:5/6/2014PublicHearing:4/29/2014PublicHearing:4/29/2014PublicHearing:4/29/2014ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page11•511912014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)AmendmentOriginalFilingYesYes3770-4-0845StateMedicalBoard•TotalRules:1OriginalFilingDate:3/19/2014RuleAction.\&[EYERuleNumberRescissionOriginalFilingYesYes4731-24-0446l:!tateMedi!<i!lBoar!!-Ph)l§icjan8ssistan!Licensing•TotalRules:8OriginalFilingDate:3/19/2014RuleActionCSIFYRRuleNumberAmendmentOriginalFilingYesYes4730-1-03AmendmentOriginalFilingYesYes4730-1-07AmendmentOriginalFilingYesYes4730-2-02AmendmentOriginalFilingYesYes4730-2-06AmendmentOriginalFilingYesYes4730-2-07NewRuleOriginalFilingYesNo4730-2-10AmendmentOriginalFilingYesYes4730-3-01AmendmentOriginalFilingYesYes4730-3-0247St!!l!!TeachersReti[emen!•DefinedBeo!!fitsTotalRules:4OriginalFilingDate:3/24/2014RuleActionCSIFYRRyleNumberAmendmentOriginalFilingNoYes3307:1-11-06AmendmentOriginalFilingNoYes3307:1-11-11AmendmentOriginalFilingNoYes3307:1-11-12AmendmentOriginalFilingNoYes3307:1-13-0148Stat!!Teac!J!!rsRetir!!ment•DefioedContributionsTotalRules:16OriginalFilingDate:3/24/2014RuleActionCSIFYRRuleNumberAmendmentOriginalFilingNoYes3307:2-1-01AmendmentOriginalFilingNoYes3307:2-2-03AmendmentOriginalFilingNoYes3307:2-3-01AmendmentOriginalFilingNoYes3307:2-3-03Paymentofminorprizes.JurisdictionEnds:5/23/2014RyleTitleAnesthesiologistassistants:prohibitions.JurisdictionEnds:5/23/2014RuleTitleDutiesofasupervisingphysician.Miscellaneousprovisions.Educationalrequirementsforprescriptiveauthority.Physicianassistantformulary.Standardsforprescribing.PublicHearing:4/23/2014PublicHearing:4/23/20144730-2-10Standardsandproceduresforreviewof"OhioAutomatedRxReportingSystem"(OARRS).Definitions.Criminalrecordschecks.JurisdictionEnds:5/28/2014PublicHearing:RuleTitleHealthcareservices-openenrollmentandplanchanges.Healthcareassistance."Healthcarefund".Re-employmentrestrictionsapplicabletoretirants.RuleTitleDefinitions.JurisdictionEnds:5/28/2014Establishmentofcombinedplan.Electionbynewmembers.Permanentelections.PublicHearing:ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614}466-4086•www.jcarr.state.oh.us·Page12•5!1912014FINALAGENDAAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYes49DeoartmentofHealth•JOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.SenateFinanceHearingRoom(FinanHearingRoom)FINALAGENDA3307:2-4-01Participantsgenerallyineligibletopurchasecredit.3307:2-4-03Combinedplanparticipantleavesofabsence.3307:2-5-03Distributionsfromthecombinedplan.3307:2-5-06Annuitizationofdefinedcontributionamounts.3307:2-5-07Beneficiaries.3307:2-5-08Spousalconsent.3307:2-5-09Plansofpayment.3307:2-6-0'1Combinedplandisabilitybenefits.3307:2-6-02Combinedplansurvivorbenefits.3307:2-6-03Combinedplanhealthbenefits.3307:2-7-02Allocationoffunds.3307:2-7-03Rolloversreceived.ToBeRefiledTotalRules:6OriginalFilingDate:4/1/2014DatealToBeRefiled:5/6/2014JurisdictionEnds:PublicHearing:5/5/2014RuleTygeActionCSIAmendmentToBeRefiledYesAmendmentToBeRefiledYesAmendmentToBeRefiledYesAmendmentToBeRefiledYesAmendmentToBeRefiledYesAmendmentToBeRefiledYes50De11artmentQfHealth•FYRYesYesYesYesYesYesRuleNumber3701-82-013701-82-01.13701-82-01.23701-82-01.33701-82-01.43701-82-02RuleTitleApplicationproceduresforleadtrainingprograms.Qualificationsfortrainingmanagersandinstructors.Dutiesofapprovedtrainingprogramsandtrainingmanagers.Trainingprogramrequirements.Thirdpartylicensureexaminationadministration.Applicationproceduresforenvironmentalleadanalyticallaboratoryandclinicallaboratoryapprovalandstandardsofconduct.TotalRules:13OriginalFilingDate:4/1/2014DateofToBeRefiled:5/6/2014JurisdictionEnds:PublicHearing:5/5/2014RuleTygeAmendmentAmendmentAmendmentActionCSIToBeRefiledYesToBeRefiledYesToBeRefiledYesFYRYesYesYesRuleNumber3701-32-013701-32-033701-32-04RuleTitleDefinitions.Generalprovisionsandprohibitions.Generalapplicationprocedures,provisions,andqualificationsforclearancetechnician,leadinspector,leadriskassessor,leadabatementcontractor,leadClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•{614)466-4086•www.jcarr.state.oh.us•Page13•5/1912014FINALAGENDAAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYesYesJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)3701-32-073701-32-103701-32-123701-32-133701-32-143701-32-16.13701-32-16.23701-32-16.33701-32-173701-32-18abatementworkerorleadabatementprojectdesigner.LeadriskassessorscopeofpracticeandstandardsofconductLeadabatementprojectdesignerscopeofpracticeandstandardsofconduct.Clearanceexaminations.Encapsulantrequirements.Recordkeepingandreportingrequirementsforenvironmentalleadanalyticalandclinicallaboratories.Qualificationsforessentialmaintenancepracticesandlead-saferenovationtrainingmanagersandinstructors.Dutiesofapprovedessentialmaintenancepracticesandlead-saferenovationtrainingprogramandtraining managers.Essentialmaintenancepracticesandlead-saferenovationtrainingprogramrequirements.Essentialmaintenancepractices.Variances.51DepartmentofJobandFamilyServices•DivisionofSocialServicesTotalRules:24OriginalFilingDate:3/25/2014DateofToBeRefiled:5/1/2014JurisdictionEnds:PublicHearing:4/29/2014RuleAction.QlliFYRRuleRul!;!TitleAmendmentToBeRefiledNoYes5101:2-18-01Definitionsforregisteredandapprovedchilddaycamps.AmendmentToBeRefiledYesYes5101:2-18-03Requirementsforregistereddaycamps.RescissionToBeRefiledNoYes5101:2-18-04Applicationandfeerequiredforapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-05Inspectionofapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-06Issuanceandrenewalofapprovalsforchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-07Complaintinvestigationsofapprovedchilddaycampsinvestigation.RescissionToBeRefiledNoYes5101:2-18-08Denialandterminationofapprovalforchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-09Environmentalhealthinspectionsforapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-10Requirementsforpersonnelinapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-10.1Statementofnonconvictionandcriminalrecordschecksforapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-11Trainingrequirementsforprogrampersonnelinapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-12Requirementsforsupervisionofchildreninapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-13Requirementsforprogramactivitiesinapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-14Requirementsforfieldtripsfromapprovedchilddaycamps.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www-fcarr.state.oh.us•Page14•511912014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)RescissionToBeRefiledNoYes5101:2-18-15Requirements forhealthcareandmedicationadministrationinapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-17Requirements forfirstaidsuppliesinanapprovedchilddaycamp.RescissionToBeRefiledNoYes5101:2-18-18Requirementsforthecareofchildren withspecialneedsinanapprovedchilddaycamp.RescissionToBeRefiledNoYes5101:2-18-19Informationforparentsofchildrenattendingapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-20Requirements forrecordsofchildreninapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-21Safetyrequirementsinapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-22Behaviormanagementforchildreninapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-23Medicalemergencyproceduresinapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-24Foodpreparationinapprovedchilddaycamps.RescissionToBeRefiledNoYes5101:2-18-25Vehiclesafetyanddrivertraininginapprovedchilddaycamps.52DepartmentofJobandFamilvServices•Divi.sionofSocialServicesTotalRules:1OriginalFilingDate:3/25/2014RuleTypeAction.Qlli.EYEAmendmentToBeRefiledNoYesDateofToBeRefiled:5/1/2014JurisdictionEnds:PublicHearing:4/29/2014RuleTitleRuleNumber5101:2-18-02Programsthatareexemptfrombeingaregisteredoranapprovedchilddaycamp.53StateMedicalBoard-PhysicianAssistantLicensing•TotalRules:4OriginalFilingDate:3/19/2014RuleTypeActionCSIFYRAmendmentToBeRefiledYes YesAmendmentToBeRefiledYes YesAmendmentToBeRefiledYesYesAmendmentToBeRefiledYes YesDateofToBeRefiled:4/28/2014JurisdictionEnds:RuleNumber4730-1-064730-1-084730-2-034730-2-05RuleTitleCertificatetopracticeasaphysicianassistant.Specialservicesplan.Applicationforaprovisionalcertificatetoprescribe.Certificatetoprescribe.WithdrawnPublicHearing:4/23/201454DepartmentofJobandFamilyServices•DivisionofSocialServicesTotalRules:3OriginalFilingDate:3/24/2014RuleTypeActionCSIFYRAmendmentWithdrawnFilingYes YesDateofWithdrawnFiling:5/12/2014JurisdictionEnds:PublicHearing:4/29/2014RuleNumber5101:2-47-11RuleTitleReimbursementforfostercaremaintenancecostsforchildren'sresidentialcenters,grouphomes,maternityhomes,residentialparentingfacilities,andpurchasedfostercarehomes.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page15•511912014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW5/19/2014-1:00P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)AmendmentWithdrawnFilingYesYes5101:2-47-26.1AmendmentWithdrawnFilingYesYes5101:2-47-26.2Publicchildrenservicesagencies(PCSA),privatechildplacingagencies(PCPA),privatenoncustodialagencies(PNA):TitleIV-Ecostreportfilingrequirements,recordretentionrequirementsandrelatedpartydisclosurerequirements.Costreport"AgreedUponProcedures"engagement.55DepartmentofNaturalResources•DivisionofWatercraftTotalRules:2OriginalFilingDate:3/17/2014RuleTypeActionCSIFYRAmendmentWithdrawnFilingNoYesNewRuleWithdrawnFilingNo NoDateofWithdrawnFiling:5/8/2014JurisdictionEnds:PublicHearing:4/24/2014RuleTitleLakespermittingelectricmotorsonly.RuleNumber1501:47-3-171501:47-3-97NowakeoperationonthewatersofHarguslake-pilotprogram.56DepartmentofRehabilitationandCorrection•DivisionofParoleandCommunitvServicesTotalRules:1OriginalFilingDate:5/12/2014RuleTypeActionFYRAmendmentWithdrawnFilingNoYes57PublicUtilitiesCommissionofOhio•UtilitiesTotalRules:2OriginalFilingDate:3/7/2014RuleTypeActionCSIFYRAmendmentWithdrawnFilingYesYesAmendmentWithdrawnFilingYesYes58StateBoardofSanitarianRegistration•TotalRules:1OriginalFilingDate:5/12/2014RuleTypeActionCSIFYRNewRuleWithdrawnFilingYesNoDateofWithdrawnFiling:5/16/2014JurisdictionEnds:RuleTitleRuleNumber5120:1-1-35Contractsforthetransportationofinmates.DateofWithdrawnFiling:5/16/2014RuleTitleDefinitions.JurisdictionEnds:PublicHearing:6/12/2014PublicHearing:RuleNumber4901:1-41-014901:1-41-03Greenhousegasreportingandcarbondioxidecontrolplanning.DateofWithdrawnFiling:5/13/2014JurisdictionEnds:PublicHearing:6/11/2014RuleTitleRuleNumber4736-17-01RegistrationforCurrentandFormerServicemen&Servicewomen.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page16•5/19/2014

# Article 

# Ill

Attachment D

Final Adoption Notice to LSC

Director and Secretary of StateElectrcniRuTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission77SouthHighSt.,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSl,ConcourseLevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyfinalfiledthefollowingrule(s)pursuanttosection119.04oftheOhioRevisedCode.PackageNumber:118498FileDateandTime:ConfirmationNumber:06/02/201409:59AM7ce368399c2b7378a847724c2c6be7bFINAlFILERuleNumberTypeFYRCSIJEDateEffDate3745-102-01Rescissiony y05/24/201406/12/20143745-102-02Rescissionyy05/24/201406/12/20143745-102-03Rescissiony y05/24/201406/12/20143745-102-04Rescissiony y05/24/201406/12/20143745-102-05Rescissiony y05/24/201406/12/20143745-102-06Rescissionyy05/24/201406/12/2014Page1NextFYRTaglinePurpose.Definitions.Applicability.Conformityanalysis,reportingrequirements,publicparticipationandconsultation.Conformitydeterminations.Mitigationofairqualityimpacts.