Environmental 

Protection Agency 

John Kasich, Governor 

Mary T~ylor, Lt. Governor 

Scott J. 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On February 7, 2011 and March 24, 2011, Ohio EPA adopted amended, rescinded, and 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 of the state of Ohio. The rules were originally promulgated in 

the early 1980's to address Ohio's requirements under section 110 of the 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 1 644 3020 

6141644 3184 (fax) 

www.epa.ohlo.gov 
3. Updating of Measurement Methods and 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 of facility specific information in paragraph (0) of OAC rule 3745-18-54: 

OEPA amended the information in paragraph (0) of OAC rule 3745-18-54 regarding 

the Sunoco, Inc. (R&M) Toledo Refinery (Sunoco). In a comment submitted during 

the rulemaking process, Sunoco requested that OEPA change their emission limit in 

paragraph (0)(9) of OAC rule 3745-18-54 from the existing, "maximum of 0.07 

pounds of sulfur dioxide per pound of sulfur processed" to ''a maximum of 0.025 per 

cent by volume of sulfur dioxide at zero per cent oxygen on a dry basis." The 

change was requested in order to match the language in consent order 05CV2866 

which Sunoco had entered into with USEPA. DAPC made the change after 

reviewing the conditions of the consent decree and determining that the new limit 

was equivalent to the existing limt. 

Ohio EPA is asking that US EPA replace the existing versions of the following rules in our 

SIP with the newly submitted version: 3745-18-01, 3745-18-03 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. 

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 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 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 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. 

Requirements 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 (OR C) 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. 

Article Six 

Additional Information 

A complete list of the 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 if you have any questions about this submittal. 

Sincerely, 

~:i Director 

cc: Bob Hodanbosi, Chief Division of Air Pollution Control 

Attachment