Environmental Protection Agency John Kasich, Governor Mary**T~ylor,** Lt. Governor ScottJ. Nally, Director 

## JUN 

## 2;4 2011

Ms. Susan Hedman Regional Administrator U.S. EPA Region V 77 W. Jackson Blvd. Chicago, IL 60604 Re: Request for Approval of Amendments to Ohio Administrative Code (OAC) Chapter 3745-18, "Sulfur Dioxide Regulations" into Ohio's State Implementation Plan (SIP) 

### Dear Ms. Hedman: On February 7, 2011 and March 24, 2011, Ohio EPA adopted amended, rescinded, and new rules in Ohio Administrative Code (OAC) Chapter 3745-18, "Sulfur Dioxide Regulations." The rules in this chapter regulate emissions of Sulfur Dioxide (S02) from sources in the 88 counties ofthe state of Ohio. The rules were originally promulgated in the early 1980's to address Ohio's requirements under section 110 ofthe Clean Air Act for the S02 

### National Ambient Air Quality Standard (NAAQS) and remain a part of Ohio's state implementation plan (SIP). In the February and March, 2011 revision to the rules, Ohio has made amendments to clarify and streamline the rules. The primary changes are as follows: 1. Removal of Permanently Shut down Facilities from County Specific Rules (OAC rules 3745-18-07 to 3745-18-52, 3745-18-54 to 3745-18-77, 3745-18-79, 3745- 18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94): In the 30+ years since the modeling was performed, many of the sources and/or facilities included in the initial modeling have closed, changed their permitting requirements, or are otherwise no longer in business. Ohio EPA has removed from the rules those sources that meet the following requirements: 1) They are located at fully closed (permanently shut down) facilities; and 2) the facility has been shut down for greater than 5 years. The removal of these sources is being performed to ease confusion over limits for facilities that no longer exist. 2. Updating of Compliance Requirements (OAC rule 3745-18-03): Ohio EPA removed permanently shut down facilities from the compliance requirements in OAC rule 3745-18-03, "Attainment dates and compliance time schedules". The removed facilities are those that are being removed from the county-specific rules in item #1 above.

50 West Town Street, Sufte 700 P.O. Box 1049 Columbus, OH 43216-1049 614 1644 3020 6141644 3184 (fax) www.epa.ohlo.gov3. UpdatingofMeasurementMethodsand Requirements (OAC rule 3745-18-04): Ohio EPA removed permanently shut down facilities from OAC rule 3745-18-03, "Measurement Methods and Procedures". The facilities which are being removed are also included in the list of facilities that are being removed from the countyspecific rules in item #1 above. 4. Updating offacility specific information in paragraph (0) ofOAC rule 3745-18-54: OEPAamended the information in paragraph (0)ofOAC rule 3745-18-54 regarding the Sunoco, Inc. (R&M) Toledo Refinery (Sunoco). In a commentsubmitted during the rulemaking process, Sunoco requestedthatOEPAchangetheiremission limit in paragraph (0)(9) of OAC rule 3745-18-54 from the existing, "maximum of 0.07 pounds ofsulfurdioxide perpound ofsulfurprocessed"to ''a maximumof0.025 per cent by volume of sulfur dioxide at zero per cent oxygen on a dry basis." The change was requested in orderto match the language in consent order05CV2866 which Sunoco had entered into with USEPA. DAPC made the change after reviewing the conditions ofthe consent decree and determining that the new limit was equivalentto the existing limt. Ohio EPA is asking that USEPA replace the existing versions ofthefollowing rules in our SIPwith the newlysubmittedversion: 3745-18-01, 3745-18-03to 3745-18-52,3745-18-54 to 3745-18-77, 3745-18-79, 3745-18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94. This letter is intended to meet the requirements in 40 CFR Part 51, Appendix V, Section 2.1 (a): a "formal letter of submittal from the Governor or his designee, requesting EPA approval ofthe plan or revision." Article One addressesthe following two requirements: 40 CFR Part 51, Appendix V, Section 2.1(b) Evidencethatthe State has adopted the plan in the Statecodeorbodyofregulations; or issued the permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption or final issuance as well as the effective date ofthe plan, ifdifferentfrom the adoption/issuance date. 40 CFR Part 51, Appendix V, Section 2.1(d) A copyofthe actual regulation, ordocumentsubmittedforapproval and incorporation by reference into the plan, including indication ofthe changes made to the existing approved plan, where applicable. The submittal shall be a copy ofthe official State regulation /document signed, stamped, and dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date· of the regulation/document shall, whenever possible, be indicated in the document itself. Certified copies ofthe rules, in redline and strikeout, are being submitted forapproval 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 ofthe official State regulations signed, stamped, and dated bythe appropriate State official indicatingthattheyarefullyenforceable bythe State. Theeffectivedateofeach regulation is indicated in the document itself. Please considerthat 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 evidenceofthe dateofadoption aswell asthe effectivedateofthe 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. Requirements of40 CFR Part 51, AppendixV, Section 2.1 (c): Evidence that the State has the necessary legal authority under State law to adopt and implementthe plan. Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) ofSection 3704.03ofthe Ohio Revised Code (OR

### C)to enactthese rules. Copiesofthese sectionsof the ORC can be provided upon request. Article Three addresses the following requirements: 40 CFR Part 51, AppendixV, Section 2.1(e) Evidencethatthe Statefollowed all ofthe procedural requirementsofthe State'slaws and constitution in conducting and completing the adoption/issuance ofthe plan. 40 CFR Part 51, AppendixV, 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 ofsuch 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 ofthe plan. Article Four 40 CFR Part 51, AppendixV, 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 ofthe transcriptfrom 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, ifapplicable.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. Article Six Additional Information A complete list ofthe facilities removed from the rules and the shutdown dates of the facilities is attached as article six. Ohio EPA asks that the above discussed rules be accepted as revisions to Ohio's SIP. Please contact Bob Hodanbosi ifyou have any questions about this submittal. Sincerely,

# ~:i Director

cc: Bob Hodanbosi, Chief Division ofAir Pollution Control Attachment