hio 

Ohio Environmental 

Protection Agency 

JUL 1'5 2015 

Ms. Susan Hedman 

Regional Administrator 

U.S. EPA Region V 

77 W. Jackson Blvd. 

Chicago, IL 60604 

John R. Kasich, Governor 

Mary Taylor, Lt. Governor 

Craig W. Butler, Director 

Re: Request for Approval of Amendments to paragraph (DDD) of Ohio Administrative 

Code (OAC) Rule 3745-21-09 into Ohio's State Implementation Plan (SIP) 

Dear Ms. Hedman: 

On May 9, 2012, the U.S. EPA Administrator signed a notice of final rulemaking determining 

that onboard refueling vapor recovery (ORVR) systems are in widespread use throughout the 

motor vehicle fleet. The notice was published in the Federal Register on May 16, 2012 (77 FR 

28772). The current stage II vapor control requirements in the state of Ohio are applicable to 

gasoline dispensing facilities (GDFs) in the Cleveland, Cincinnati, and Dayton metropolitan 

areas (16 counties in total). These counties had been designated as "moderate" ozone nonattainment under the 1990 Clean Air Act Amendments. U.S. EPA allows states to drop the 

Stage II vapor control requirements if the state "makes up" the emission reductions as part of 

the Stage II requirements removal. 

Based on U.S. EPA's Guidance document, Ohio EPA has conducted an emissions analysis 

and has determined the Stage II vapor recovery program will no longer provide emission 

reduction benefits beginning in 2017. This letter provides information to demonstrate that 

eliminating the Stage II vapory recovery program, as amended in Ohio Administrative Code 

(OAC) Rule 37 45-21-09(000) will not interfere with the attainment of the ozone standard or 

violate the requirements of Section 11 O(f) of the Clean Air Act (CAA). 

In light of the formal declaration by U.S. EPA that the ORVR are in widespread use and Ohio's 

calculations that the Stage II program will provide no added benefits after January 1, 2017, 

Ohio EPA determined that it was necessary to make amendment to paragraph (ODD) of OAC 

rule 3745-21-09 allowing new and existing GDFs to avoid installing or decommission their 

stage II systems. 

The State of Ohio has approximately 1 ,900 GDFs having Stage II vapor recovery systems that 

would need to be decommissioned by January 1, 2017; therefore, it was determined by Ohio 

EPA that a phased out decommissioning process was necessary. On April29, 2013, Ohio EPA 

adopted amendments to paragraph (ODD) of OAC rule 3745-21-09 allowing new and modified 

GDFs to forego the installation of new Stage II vapor recovery systems. Again, on January 17, 

2013, Ohio EPA adopted further amendments to paragraph (DOD) allowing existing GDFs to 

decommission their Stage II systems and requiring all existing Stage II systems to be 

50 West Town Street • Suite 700 • P.O. Box 1049 • Columbus, OH 43216-1049 

epa.ohio.gov • (614) 644-3020 • (614) 644-3184 (fax) 
decommissioned by January 1, 2017. GDFs are required to decommission in accordance with 

the Petroleum Equipment Institute's guidance, "Recommended Practices for Installation and 

testing of Vapor Recovery Systems at Vehicle Refueling Sites, PEI/RP300-09". In addition, 

GDFs are required to install low permeation hoses as defined in UL 330 (Seventh Edition) 

"Underwriters Laboratories' Standard for Hose and Hose Assemblies for Dispensing of 

Flammable Liquids". The addition of low permeation hoses will allow Ohio to gain further 

emissions reductions from GDFs. Low permeation hoses are estimated to reduce emissions by 

10.8 lbs./year/hose. An average GDF has 10 hoses and there are over 1 ,900 GDFs in Ohio 

with Stage II systems, therefore there will be an emissions reduction of over 40 tons in VOC 

emission reductions during each ozone season. Methodology and calculations supporting this 

demonstration are included as an attachment at the end of this letter. 

At this time, Ohio EPA is requesting U.S. EPA approval of these changes to paragraph (DDD) 

of OAC rule 3745-21-09 for incorporation into Ohio's State Implementation Plan (SIP). The 

following documents are attached for your consideration per the requirements of 40 CFR Part 

51, Appendix V: 

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 his designee, requesting EPA approval of the 

plan or revision." 

Article I 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 rule, 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 II 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 (ORC} to enact these rules. Copies of these sections of the 

ORC can be provided upon request. 

Article Ill 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 IV 

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 V 

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 VI 

40 CFR Part 51, Appendix V, Section 2.2 

Technical Support 

Methodology and calculations supporting this demonstration are attached. 

Ohio EPA asks that the above mentioned rule language be accepted into Ohio's SIP, replacing 

any previously accepted language in paragraph (DDD) of OAC rule 3745-21-09. 

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. 

0ncerely, 

"---zr ~...-------_-·-

craig W. Butler 

Director, Ohio Environmental Protection Agency 

cc: Bob Hodanbosi, Chief Division of Air Pollution Control 

Attachment 
Article I 

Certified Copy of Rule 
3745-21-09 Control of emissions of volatile organic compounds from stationary 

sources and perchloroethylene from dry cleaning facilities. 

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

publications of recognized organizations and associations, federal rules, and federal 

statutory provisions referenced in this rule, see paragraph (JJ) of rule 3745-21-01 of the 

Administrative Code titled "Reference to materials."] 

(A) Applicability. 

(I) In Ashtabula, Butler, Clark, Clermont, Cuyahoga, Delaware, Franldin, Geauga, 

Greene, Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami, 

Montgomery, Portage, Stark, Summit, Trumbull, Warren and Wood counties, 

the requirements of paragraphs (C) to (M), (0)(2)(a) to (0)(2)(d), (0)(3) to 

(0)(6), (P), (Q), (R), (T), (U), and (W) to (EE) of this rule shall apply to all 

sources regardless of date of construction or modification. 

(2) The requirements of paragraphs (N) and (V) of this rnle shall apply state-wide. 

(3) For sources located in counties not listed in paragraph (A)(l) of this rule: 

(a) The requirements of paragraphs (C) to (M), (0)(2)(a) to (0)(2)(d), (0)(3) to 

(0)(6), (P), (Q) and (R) of this rnle shall apply to all sources: 

(i) For which the construction or modification commenced on or after 

October 19, 1979; or 

(ii) Which are located at a facility having the potential to emit a total of one 

hundred tons or more ofVOC per calendar year. 

(b) The requirements of paragraphs (T), (U), and (W) to (AA) of this rule shall 

apply to all sources: 

(i) For which the construction or modification commenced on or after 

March 27, 1981; or 

(ii) Which are located at a facility having the potential to emit a total of one 

hundred tons or more ofVOC per calendar year. 

(c) The requirements of paragraphs (BB) to (EE) of this rule shall apply to all 

sources: 

(i) For which the construction or modification commenced on or after May 

9, 1986; or 
3745-21-09 2 

(ii) Which are located at a facility having the potential to emit a total of one 

hundred tons or more ofVOC per calendar year. 

(4) The requirements of paragraph (DDD) of this mle shall apply to all sources, 

regardless of date of constmction or modification, that are located in Ashtabula, 

Butler, Clark, Clermont, Cuyahoga, Geauga, Greene, Hamilton, Lake, Lorain, 

Medina, Miami, Montgomery, Portage, Summit, or Wan·en county. 

(5) The requirements of paragraph (0)(2)(e) of this mle shall apply to any facility 

that has sources regardless of date of constmction or modification that are 

located in Ashtabula, Butler, Clark, Clermont, Cuyahoga, Geauga, Greene, 

Hamilton, Lake, Lorain, Medina, Miami, Montgomery, Portage, Summit, or 

Warren county. 

( 6) The requirements of paragraph (HH) of this mle shall apply to all coating lines 

for automotive/transportation plastic parts and/or for business machine plastic 

parts if the facility containing said coating lines meets all of the following 

criteria: 

(a) The facility is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, 

Medina, Potiage, or Surmnit county; and 

(b) The facility has a combined total potential to emit for VOC emissions equal 

to or greater than one hundred tons of VOC per calendar year on or after 

August 25, 2008 from all of the following: 

(i) Surface coating of automotive/transportation plastic parts and/or 

business machine plastic parts; 

(ii) All non-CTG sources; and 

(iii) Unregulated emissions from CTG sources except sources regulated 

under Subparts BBB, III, NNN, and RRR of 40 CFR Part 60 and 

sources regulated under Subpati T of 40 CFR Part 63. 

For the purpose of this paragraph, a source shall be considered regulated by 

a paragraph or mle if it is subject to the limits of that paragraph or rule. A 

source is not considered regulated by a paragraph or rule if it is not subject 

to the limits of that paragraph or rule. For example, if the source is covered 

by an exemption in the paragraph or rule, or the applicability criteria of the 

paragraph or rule ru·e not met, then the source is not subject to that 

pru·agraph or rule. A source is also not considered regulated by a CTG if 

there is no rule contained in this chapter regulating the source category 

corresponding to that CTG. 
3745-21-09 3 

(7) Additional requirements or requirements which are more stringent than those 

specified in this rule may be applicable to new sources pursuant to rule 3745-31-

05 of the Administrative Code. 

(B) General provisions. 

(1) Except as otherwise provided by this rule, compliance with the limitations 

specified in paragraphs (C) to (K), (S), (U), (Y), (FF), (HH), (II), (00), (PP) and 

(XX) of this rule is based upon a weighted average by volume of all coating 

materials employed in the coating line or printing line in any one day. The VOC 

contents and densities of the coating materials subject to paragraphs (C) to (K), 

(S), (U), (Y), (FF), (HH), (II), (00), (PP) and (XX) of this rule shall be 

determined in accordance with paragraph (B) of rule 3745-21-10 of the 

Administrative Code. The VOC emission rate, capture efficiency and control 

efficiency for coating lines or plinting lines subject to paragraphs (C) to (K), (S), 

(U), (Y), (FF), (HH), (NN), (PP), and (XX) of this rule shall be determined in 

accordance with paragraph (C) of rule 3745-21-10 of the Administrative Code. 

The averaging of VOC emissions over two or more coating lines and/or printing 

lines in order to demonstrate compliance with an applicable emission limitation 

(i.e., cross-line averaging) is prohibited except as otherwise provided in this 

rnle. 

(2) Any approval granted by the director in accordance with paragraphs (1)(2), 

(K)(3), (L)(l)(a)(ii), (0)(2)(c)(iii), (0)(3)(c)(v), (0)(4)(a)(iii), (T)(4), 

(W)(l )(a)(ii), (W)(l )( c)(ii), (Z)(l )(a)(vii), (Z)(l )(b )(ii)( e), (Z)(l )(b )(iii)( c), 

(DD)(3)(e), (DD)(16), and (DD)(l7)(b)(iii) of this rnle must be approved by the 

USEP A as a revision of the state implementation plan. 

(3) Recordkeeping and reporting requirements for coating lines and printing lines. 

(a) Except as otherwise provided by this rule, the owner or operator of a coating 

line or printing line subject to paragraphs (C) to (K), (S), (U), (Y), (FF), 

(HH), (II), (NN) to (PP), or (XX) of this rule, or subject to rule 3745-21-24 

or 3745-21-26 of the Administrative Code shall demonstrate the ongoing 

status of compliance with the applicable emissions limitations and/or 

control requirements by means of one of the recordkeeping and reporting 

reqnirement alternatives specified in this paragraph. 

(b) Any owner or operator of a coating line which is exempt from the emission 

limitations specified in paragraph (I) or (U) of this rule because the 

combined VOC emissions from all such coating lines at the facility are less 

than fifteen pounds of VOC per day (before add-on controls) shall collect 

and record the information each day and maintain the information at the 

facility for a period of three years: 

(i) The name and identification number of each coating, as applied. 
3745-21-09 4 

(ii) The mass of VOC per volume (excluding water and exempt solvents) 

and the volume of each coating (excluding water and exempt solvents), 

as applied, used each day. 

(iii) The total VOC emissions at the facility, as calculated usmg the 

following equation: 

" 

where: 

T = Total VOC emissions from the combined coating lines before the 

application of capture systems and control devices, in units of pounds 

per day; 

n = Number of different coatings applied in the coating lines at the 

facility; 

i = Subscript denoting an individual coating; 

A; = Mass of VOC per volume of coating (i) (excluding water and 

exempt solvents), as applied, used at the facility, in units of pounds 

VOC per gallon; and 

B1 =Volume of coating (i) (excluding water and exempt solvents), as 

applied, used at the facility, in units of gallons per day. The instrument 

or method by which the owner or operator accurately measured or 

calculated the volume of each coating, as applied, shall also be 

described in the certification to the director. 

(c) Any owner or operator of a coating line referenced in paragraph (B)(3)(b) of 

this rule shall notify the director of any daily record showing that the 

combined VOC emissions from all such coating lines at the facility are 

equal to or greater than fifteen pounds of VOC per day (before add-on 

controls). A copy of such record shall be sent to the director within fmiyfive days after the exceedance occurs. 

(d) Any owner or operator of a coating line which is exempt from the emission 

limitations specified in paragraph (U)(l) of this rule, pursuant to paragraph 

(U)(2)(e) of this rule, shall collect and record the following information 

each day for each such coating line and maintain the information at the 

facility for a period of three years: 
3745-21-09 5 

(i) The name and identification number of each coating employed in the 

coating line. 

(ii) The volume, in gallons, of each coating employed in the coating line. 

(iii) The total volume, in gallons, of all of the coatings employed in the 

coating line. 

(e) Any owner or operator of a coating line referenced in paragraph (B)(3)(d) of 

this rule shall notify the director of any daily record showing that the 

coating line employs more than the applicable maximum daily coating 

usage limit. A copy of such record shall be sent to the director within fortyfive days after the exceedance occurs. 

(f) Any owner or operator of a coating line or pnntmg line who elects to 

demonstrate the ongoing status of compliance with the applicable emission 

limitation by means of the use of complying coatings (i.e., each coating 

complies with the applicable emission limitation as applied) shall collect 

and record the following infonnation each month and maintain the 

information at the facility for a period of three years: 

(i) The name and identification number of each coating, as applied. 

(ii) The mass of VOC per volume of each coating (excluding water and 

exempt solvents), as applied. 

This information does not have to be kept on a line-by-line basis. Also, 

if an owner or operator mixes complying coatings at a coating line, it is 

not necessary to record the VOC content of the resulting mixture. 

(g) Any owner or operator of a coating line or printing line referenced in 

paragraph (B)(3)(f) of this rule shall notify the director of any monthly 

record showing the use of noncomplying coatings. A copy of such record 

shall be sent to the director within thirty days following the end of the 

calendar month. 

(h) Any owner or operator of a coating line or pnntmg line who elects to 

demonstrate the ongoing status of compliance with the applicable emission 

limitation by means of a daily volume-weighted average VOC content shall 

collect and record the following information each day for the coating line or 

printing line and maintain the information at the facility for a period of three 

years: 

(i) The name and identification number of each coating, as applied. 
3745-21-09 6 

(ii) The mass ofVOC per volume (excluding water and exempt solvents) 

and the volume of each coating (excluding water 'and exempt solvents), 

as applied. 

(iii) The daily volume-weighted average VOC content of all coatings, as 

applied, calculated in accordance with the equation specified in 

paragraph (B)(9) of rule 3745-21-10 of the Administrative Code for Cvoc,2· 

(i) Any owner or operator of a coating line or pnntmg line referenced in 

paragraph (B)(3)(h) of this rule shall notify the director of any daily record 

showing that the daily volume-weighted average VOC content exceeds the 

applicable emission limitation. A copy of such record shall be sent to the 

director within forty-five days after the exceedance occurs. 

(j) Any owner or operator of a coating line who elects to demonstrate the 

ongoing status of compliance with the applicable pounds ofVOC per gallon 

of solids limitation by means of control equipment shall collect and record 

the following information each day for the coating line and maintain the 

information at the facility for a period of three years: 

(i) The name and identification nwnber of each coating used. 

(ii) The mass of VOC per unit volume of coating solids, as applied, the 

volume solids content, as applied, and the volume, as applied, of each 

coating. 

(iii) The maximum VOC content (mass of VOC per unit volwne of coating 

solids, as applied) or the daily volume-weighted average VOC content 

(mass of VOC per unit volume of coating solids, as applied) of all the 

coatings. 

(iv) The calculated, controlled VOC emission rate, in mass of VOC per unit 

volume of coating solids, as applied. The controlled VOC emission rate 

shall be calculated using (a) either the maximum VOC content or the 

daily volume-weighted VOC content recorded in accordance with 

paragraph (B)(3)(j)(iii) of this rule and (b) the overall control efficiency 

for the control equipment as detennined during the most recent 

emission test that demonstrated that the source was in compliance. 

(v) A log or record of operating time for the capture (collection) system, 

control device, monitoring equipment, and the associated coating line. 

(vi) For thermal incinerators, all three-hour periods of operation during 

which the average combustion temperature was more than fifty degrees 

Fahrenheit below the average combustion temperature during the most 
3745-21-09 7 

recent performance test that demonstrated that the source was m 

compliance. 

(vii) For catalytic incinerators, all three-hour periods of operation during 

which the average temperature of the process vent stream immediately 

before the catalyst bed is more than fifty degrees Fahrenheit below the 

average temperature of the process vent stream during the most recent 

performance test that demonstrated that the source was in compliance, 

and all three-hour periods of operation during which the average 

temperature difference across the catalyst bed is less than eighty per 

cent of the average temperature differences during the most recent 

performance test that demonstrated that the source was in compliance. 

(viii) For carbon adsorbers, all three-hour periods of operation during which 

the average VOC concentration or reading of organics in the exhaust 

gases is more than twenty per cent greater than the average exhaust gas 

concentration or reading measured by the organics monitoring device 

during the most recent determination of the recovery efficiency of the 

carbon adsorber that demonstrated that the source was in compliance. 

(k) Any owner or operator of a coating line referenced in paragraph (B)(3)G) of 

this rule shall notify the director of any daily record showing that the 

calculated, controlled VOC emission rate exceeds the applicable pounds of 

VOC per gallon of solids limitation. A copy of such record shall be sent to 

the director within forty-five days after the exceedance occurs. 

(1) Any owner or operator of a coating line or printing line who elects to 

demonstrate the ongoing status of compliance with the applicable capture 

and control efficiency requirements or overall control efficiency 

requirements contained in paragraph (B)(6), (H), (Y), (NN), (PP), or (XX) 

of this rule shall collect and record the following information each day for 

the control equipment and maintain the information at the facility for a 

period of three years: 

(i) A log of operating time for the capture (collection) system, control 

device, monitoring equipment, and the associated coating line or 

printing line. 

(ii) For thermal incinerators, all three-hour periods of operation during 

which the average combustion temperature was more than fifty degrees 

Fahrenheit below the average combustion temperature during the most 

recent performance test that demonstrated that the source was in 

compliance. 

(iii) For catalytic incinerators, all three-hour periods of operation during 

which the average temperature of the process vent stream immediately 
3745-21-09 8 

before the catalyst bed is more than fifty degrees Fahrenheit below the 

average temperature of the process vent stream during the most recent 

performance test that demonstrated that the source was in compliance, 

and all three-hour periods of operation during which the average 

temperature difference across the catalyst bed is less than eighty per 

cent of the average temperature difference during the most recent 

performance test that demonstrated that the source was in compliance. 

(iv) For carbon adsorbers, all three-hour periods of operation during which 

the average VOC concentration or reading of organics in the exhaust 

gases is more than twenty per cent greater than the average exhaust gas 

concentration or reading measured by the organics monitoring device 

during the most recent determination of the recovery efficiency of the 

carbon adsorber that demonstrated that the source was in compliance. 

(m) Any owner or operator of a coating line or printing line referenced in 

paragraphs (B)(3)G) and (B)(3)(1) of this rule shall submit to the director 

quarterly summaries of the records required by paragraphs (B)(3)(j)(v) to 

(B)(3)(j)(viii) and (B)(3)(1)(i) to (B)(3)(1)(iv) of this rule. These quarterly 

reports shall be submitted by April thirtieth, July thirty-first, October thirtyfirst, and Janumy thirty-first, and shall cover the records for the previous 

calendar quarters. 

(n) Any owner or operator of a coating line or printing line referenced in 

paragraphs (B)(3)(j) and (B)(3)(1) of this rule shall install and operate 

continuous monitoring and recording devices (i.e., for temperature or VOC 

concentration) and, if necessary, perform emission tests for the coating line 

or printing line to enable the recordkeeping required by paragraphs 

(B)(3)(j)(vi) to (B)(3)(j)(viii) and (B)(3)(1)(ii) to (b)(3)(l)(iv) of this rule. 

The continuous monitoring and recording devices shall be installed and 

placed in operation either within one hundred eighty days of the March 31, 

1993 or by the date of operation of any new control equipment installed for 

the coating line or printing line after March 31, 1993 to achieve compliance 

with the VOC control requirements of this rule. The continuous monitoring 

and recording devices shall be capable of accurately measuring the desired 

para!lleter, and the owner or operator shall properly operate and maintain 

the devices in accordance with the manufacturer's recommendations. 

( 4) Recordkeeping and reporting requirements for sources other than coating lines 

and printing lines. 

(a) Except as otherwise provided by this rule, the owner or operator of a source 

other than a coating line or printing line that is subject to paragraphs (0), 

(W), (CC), (X), (EE), (KK) to (MM), (SS) to (VV), or (YY) to (BBB) of 

this rule shall demonstrate the ongoing status of compliance with the 

applicable emissions limitations and/or control requirements by mem1s of 
3745-21-09 9 

one of the recordkeeping and reporting requirement alternatives specified in 

this paragraph. 

(b) Any owner or operator of a source referenced in paragraph (B)(4)(a) of this 

rule who elects to demonstrate the ongoing status of compliance with the 

applicable emission limitation or control requirement by means of control 

equipment shall collect and record the following information each day for 

the source and maintain the information at the facility for a period of three 

years: 

(i) A log or record of operating time for the capture (collection) system, 

control device, monitoring equipment, and the associated source. 

(ii) For thermal incinerators, all three-hour periods of operation during 

which the average combustion temperature was more than fifty degrees 

Fahrenheit below the average combustion temperature during the most 

recent performance test that demonstrated that the source was in 

compliance. 

(iii) For catalytic incinerators, all three-hour periods of operation during 

which the average temperature of the process vent stream innnediately 

before the catalyst bed is more than fifty degrees Fahrenheit below the 

average temperature of the process vent stream during the most recent 

performance test that demonstrated that the source was in compliance, 

and all three-hour periods of operation during which the average 

temperature difference across the catalyst bed is less than eighty per 

cent of the average temperature difference during the most recent 

performance test that demonstrated that the source was in compliance. 

(iv) Where an absorber is the final control device and an organic monitoring 

device is used, all three-hour periods of operation during which the 

average concentration level or reading of organic compounds in the 

exhaust gases is more than twenty per cent greater than the exhaust gas 

organic compound concentration level or reading measured by the most 

recent performance test that demonstrated that the source was in 

compliance. 

( v) Where an absorber is the final control device and an organic monitoring 

device is not used: 

(a) All three-hour periods of operation during which the average 

absorbing liquid temperature was more than twenty degrees 

Fahrenheit above the average absorbing liquid temperature during 

the most recent performance test that demonstrated that the source 

was in compliance; or 
3745-21-09 10 

(b) All three-hour periods of operation during which the average 

absorbing liquid specific gravity was more than 0.1 unit above, or 

more than 0.1 unit below the average absorbing liquid specific 

gravity during the most recent performance test that demonstrated 

that the source was in compliance (unless monitoring of an 

alternative parameter, which is a measure of the degree of 

absorbing liquid saturation, is approved by the director, in which 

case the director will define appropriate parameter boundaries and 

periods of operation during which they are exceeded). 

(vi) Where a carbon absorber is the final control device and an organic 

monitoring device is used, all three-hour periods of operation during 

which the average concentration level or reading of organic compounds 

in the exhaust gases is more than twenty per cent greater than the 

exhaust gas organic compound concentration level or reading measured 

by the most recent performance test that demonstrated that the source 

was in compliance. 

(vii) Where a carbon adsorber is the final control device and an organic 

monitoring device is not used: 

(a) All carbon bed regeneration cycles during which the total mass 

steam flow rate was more than ten per cent below the total mass 

steam flow during the most recent performance test that 

demonstrated that the source was in compliance; or 

(b) All carbon bed regeneration cycles during which the temperature of 

the carbon bed after regeneration (and after completion of any 

cooling cycle(s)) was more than ten per cent greater than the 

carbon bed temperature (in degrees Celsius) during the most recent 

performance test that demonstrated that the source was in 

compliance. 

(viii) Where a condenser is the final control device and an organic 

monitoring device is used, all three-hour periods of operation during 

which the average concentration level or reading of organic compounds 

in the exhaust gases is more than twenty per cent greater than the 

exhaust gas organic compound concentration level or reading measured 

by the most recent performance test that demonstrated that the source 

was in compliance. 

(ix) When a condenser is the final control device and an organic monitoring 

device is not used, all three-hour periods of operation during which the 

average exit (product side) condenser operating temperature was more 

than eleven degrees Faluenheit above the average exit (product side) 
3745-21-09 II 

operating temperature during the most recent perfonnance test that 

demonstrated that the source was in compliance. 

(x) For flares, all periods during which the electric arc ignition system or 

pilot flame is not functioning properly. 

(c) Any owner or operator of a source referenced in paragraph (B)(4)(a) of this 

mle shall submit to the director quarterly summaries of the records required 

by paragraph (B)(4)(b) of this mle. These quarterly reports shall be 

submitted by April thirtieth, July thirty-first, October thirty-first, and 

January thirty-first, and shall cover the records for the previous calendar 

quarters. 

(d) Any owner or operator of a source referenced in paragraph (B)(4)(a) of this 

mle shall install and operate continuous monitoring and recording devices 

(i.e., for temperature, VOC concentration, arcing of an electric arc ignition 

system, or presence of a pilot flame) and, if necessary, perform emission 

tests for the source to enable the recordkeeping required by paragraph 

(B)( 4)(b) of this mle. The continuous monitoring and recording devices 

shall be installed and placed in operation either within one hundred eighty 

days of March 31, 1993 or by the date of operation of any new control 

equipment installed for the source after March 31, 1993 to achieve 

compliance with the VOC control requirements of this mle. The continuous 

monitoring and recording devices shall be capable of accurately measuring 

the desired parameter, and the owner or operator shall properly operate and 

maintain the devices m accordance with the manufacturer's 

recommendations. 

( 5) Any owner or operator of a coating line, printing line, or other source that is 

subject to the recordkeeping and reporting requirements contained in paragraph 

(B)(3) or (B)(4) of this mle may propose to the director an alternative 

recordkeeping and reporting program. If the alternative recordkeeping and 

reporting program is approved by the director, it shall supersede the 

requirements of paragraph (B)(3) or (B)( 4) of this mle and shall be specified in 

the terms and conditions of the pe1mit, variance, or order issued by the director 

for the coating line, printing line, or other source. Any alternative recordkeeping 

and reporting program approved by the director also must be approved by the 

USEP A as a revision to the state implementation plan. 

(6) In lieu of complying with the pounds of VOC per gallon of solids limitations 

contained in paragraphs (D), (E), (F)(l), (G), (I)(!), (J), (K)(l), (U), and (HH) of 

this mle, any owner or operator of a coating line that employs a control system 

may choose to demonstrate that the capture and control equipment provide not 

less than an eighty one per cent reduction, by weight, in the overall VOC 

emissions from the coating line and that the control equipment has an efficiency 

of not less than ninety per cent, by weight, for the VOC emissions vented to the 
3745-21-09 12 

control equipment. In such cases, the owner or operator shall comply with the 

certification and permit application requirements specified in paragraph (B)(3) 

of rule 3745-21-04 of the Administrative Code and shall achieve compliance 

with the overall VOC emission reduction and control efficiency requirements in 

accordance with the applicable compliance schedules contained in paragraph (C) 

of rule 3745-21-04 of the Administrative Code. Also, in such cases, the owner or 

operator of the coating line shall be subject to the recordkeeping and reporting 

requirements contained in paragraph (B)(3)(1) of this rule. 

(7) In lieu of complying with the pounds of VOC per gallon of solids limitations 

contained in paragraphs (1)(4) and (K)(6) of this rule, any owner or operator of a 

coating line that employs a control system may choose to demonstrate that the 

capture and control equipment provide not less than a ninety per cent reduction, 

by weight, in the overall VOC emissions fi·om the coating line and that the 

control equipment has an efficiency of not less than ninety per cent, by weight, 

for the VOC emissions vented to the control equipment. In such cases, the 

owner or operator shall comply with the certification and permit application 

requirements specified in paragraph (B)(3)(b) of rule 3745-21-04 of the 

Administrative Code and shall achieve compliance with the overall VOC 

emission reduction and control efficiency requirements in accordance with the 

applicable compliance schedules contained in paragraph (C) of rule 3745-21-04 

of the Administrative Code. Also, in such cases; the owner or operator of the 

coating line shall be subject to the recordkeeping and reporting requirements 

contained in paragraph (B)(3)(1) of this rule. 

(C) Surface coating of automobiles and light-duty tlucks. 

For any source located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, 

Portage, or Summit county subject to paragraph (C) of this mle, the requirement to 

comply with paragraph (C) of this mle shall terminate at such time the source 

becomes subject to and complies with mle 3745-21-29 of the Administrative Code. 

(I) Except as otherwise provided in paragraphs (C)(2), (C)(3) and (C)(6) of this mle, 

no owner or operator of an automobile or light-duty truck assembly plant may 

cause, allow or pennit the discharge into the ambient air of any VOC after the 

dates specified in mle 3745-21-04 of the Administrative Code in excess of the 

following: 

(a) For a prime coat coating line employing electrodeposition, 

(i) 1.2 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 1.4 pounds of VOC per 

gallon of solids from the electrodeposition coating line; or 
3745-21-09 13 

(ii) 1.4 pounds of VOC per gallon of solids from any electrodeposition 

(EDP) coating line when the solids turnover ratio (RT) is 0.16 or 

greater. RT shall be calculated as follows: 

where: 

Tv = total volume of coating solids that is added to the EDP coating 

line in a calendar month (gallons). 

LE = volume design capacity of the EDP system, which is the total 

liquid volume contained in the EDP system's tanks, pumps, 

recirculating lines, filters, etc. at the system's designed liquid operating 

level (gallons); or 

(iii) 1.4 !1,\1, 3501°· 160

-\) pounds ofVOC per gallon of solids from any EDP 

coating line when RT, calculated according to the equation in paragraph 

(C)(l)(a)(ii) of this rule, is greater than or equal to 0.040 and less than 

0.160; or 

(iv) When RT, calculated according to the equation in paragraph 

(C)(l)(a)(ii) of this rule, is less than 0.040 for any EDP coating line, 

there is no emission limit; and 

(v) 2.8 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or 15.1 pounds VOC per gallon of deposited solids from the 

gnidecoat or surfacer coating line. (Antichip coatings applied to 

automobile and light-duty truck components such as rocker panels, the 

bottom edges of doors and fenders, and the leading edge of the roof, are 

considered to be guidecoat or surfacer coatings.) 

(b) For a prime coat coating line not employing electrodeposition, 1.9 pounds of 

VOC per gallon of coating, excluding water and exempt solvents, or, if a 

control system is employed, 2.6 pounds ofVOC per gallon of solids. 

(c) For a topcoat coating line, 2.8 pounds of VOC per gallon of coating, 

excluding water and exempt solvents, or 15.1 pounds VOC per gallon of 

deposited solids. 

(d) For a final repair coating line, 4.8 pounds of VOC per gallon of coating, 

excluding water and exempt solvents, or, if a control system is employed, 

13.8 pounds ofVOC per gallon of solids. 
3745-21-09 14 

(2) The emission limitations specified in paragraph (C)(1) of this rule shall apply to 

the application of surface coatings, except sound-proofing materials, to the 

frame, main body, interior panels and exterior sheet metal such as the hood, 

trunk lid, fenders, cargo boxes, doors and grill openings of an automobile or 

light-duty truck and to other parts that are coated along with these bodies or 

body pmis. The emission limitation specified in paragraph (C)(l)(c) of this rule 

is a daily volume-weighted average of the entire topcoat operation (i.e., all spray 

booths, flash-off areas and bake ovens where topcoat coatings are applied, dried, 

and cured, except those spray booths, flash-off areas and bake ovens in the final 

repair coating line). The emission limitation specified in paragraph (C)(l)(a)(v) 

of this rule is a daily volume-weighted average of the entire guidecoat and 

surfacer operation (i.e., all spray booths, flash-off areas and bake ovens where 

guidecoat and surfacer coatings are applied, dried, and cured, except those spray 

booths, flash-off areas and bake ovens in the final repair topcoat coating line). 

(3) When an owner or operator of an automobile or light-duty truck assembly plant 

chooses to comply with the pounds VOC per gallon of deposited solids 

limitation specified in paragraphs (C)(l )(a)(v) and (C)(!)( c) of this rule, the test 

method for determining the transfer efficiency of the coating line and for 

dete1mining compliance of the coating line with applicable emission limitations 

shall be in accordance with the publication specified in paragraph (C)( 4) of this 

rule. 

(4) As expeditiously as practicable but not later than December 1, 1990 for any 

topcoat coating line and not later than July 1, 1995 for any guidecoat or surfacer 

coating line, m1y owner or operator of an automobile or light-duty truck 

assembly plant shall maintain daily records for the guidecoat or surfacer coating 

line and for the topcoat coating line and shall demonstrate compliance with 

paragraphs (C)(1)(a)(v) and (C)(I)(c) of this rule in accordance with the USEPA 

publication entitled "Protocol for Determining the Daily Volatile Organic 

Compound Emission Rate of Automobile m1d Light-Duty Truck Topcoat 

Operations". A copy of records indicating an exceedance of paragraphs 

(C)(l)(a)(v) and (C)(l)(c) of this rule limitations shall be sent to the director 

within thirty days following the end of the calendar month. These recordkeeping 

and reporting requirements m·e in lieu of those contained in paragraph (B)(3) of 

this rule. 

(5) Compliance with the limitation specified in paragraph (C)(l)(d) of this rule is 

based upon a weighted average by volume of all coating materials employed in 

the final repair coating line in any one month. Any owner or operator of a final 

repair coating line who elects to demonstrate the ongoing status of compliance 

by means of a monthly volume-weighted average VOC content shall meet the 

following recordkeeping and reporting requirements: 

(a) Recordkeeping. 
3745-21-09 15 

The owner or operator shall collect and record the following information 

each month for the final repair coating line and maintain the information at 

the facility for a period of three years: 

(i) The name and identification number of each coating, as applied. 

(ii) The mass of VOC per volume (excluding water and exempt solvents) 

and the volume of each coating (excluding water and exempt solvents), 

as applied. 

(iii) The monthly volume-weighted average VOC content of all coatings, as 

applied, calculated in accordance with the equation specified in 

paragraph (B)(9) of rule 3745-21-10 of the Administrative Code for (Cvoc,2)A. 

(b) Reporting. 

The owner or operator shall notify the director of any monthly record 

showing that the monthly volume-weighted average VOC content exceeds 

the applicable emission limitation. A copy of such monthly record shall be 

sent to the director within thirty days following the end of the calendar 

month. 

(6) An owner or operator of an automobile or light-duty l!uck assembly plant may 

choose to comply with the following requirements in lieu of those in paragraphs 

(C)(l)(a) to (C)(l)(d) of this rule if the maximum number of motor vehicles 

assembled is less than thirty-five per day: 

No owner or operator of an automobile or light-duty l!uck assembly plant may 

cause, allow, or permit the discharge into the ambient air of any VOC in excess 

of the following: 

(a) 5.0 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, for guidecoats, automotive primer-sealers and automotive primersurfacers, or, if a control system is employed, 15.6 pounds of VOC per 

gallon of solids, as applied. 

(b) 5.4 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, for automotive topcoats or, if a control system is employed, 20.3 

pounds VOC per gallon of solids, as applied. 

(7) An owner or operator of the applicable coating line who elects to demonstrate the 

ongoing status of compliance with paragraph (C)(6) by means of a monthly 

volume-weighted average VOC content shall meet the following recordkeeping 

and reporting requirements: 
3745-21-09 16 

(a) Recordkeeping. 

The owner or operator shall collect and record the following information 

each month for the coating line and maintain the information at the facility 

for a period of three years: 

(i) The name and identification number of each coating, as applied. 

(ii) The mass of VOC per volume (excluding water and exempt solvents) 

and the volume of each coating (excluding water and exempt solvents), 

as applied. 

(iii) The monthly volume-weighted average VOC content of all coatings, as 

applied, calculated in accordance with the equation specified in 

paragraph (B)(9) of rule 3745-21-10 of the Administrative Code for (Cvoc,2)A. 

(b) Reporting. 

The owner or operator shall notify the director of any monthly record 

showing that the monthly volume-weighted average VOC content exceeds 

the applicable emission limitation. A copy of such monthly record shall be 

sent to the director within thirty days following the end of the calendar 

month. 

(8) Any owner or operator of a coating line who elects to demonstrate the ongoing 

status of compliance with the applicable pounds of VOC per gallon of solids 

limitation as specified in paragraph (C)(l)(d), (C)(6)(a), or (C)(6)(b) of this rule 

by means of control equipment shall collect and record the following 

information each month for the coating line and maintain the information at the 

facility for a period of three years: 

(a) The name and identification number of each coating used. 

(b) The mass of VOC per unit volume of coating solids, as applied, the volume 

solids content, as applied, and the volume, as applied, of each coating. 

(c) The maximum VOC content (mass of VOC per unit volume of coating 

solids, as applied) or the monthly volume-weighted average VOC content 

(mass of VOC per unit volume of coating solids, as applied) of all the 

coatings. 

(d) The calculated, controlled VOC emission rate, in mass of VOC per unit 

volume of coating solids, as applied. The controlled VOC emission rate 

shall be calculated using the following. 
3745-21-09 17 

(i) Either the maximum VOC content or the monthly volume-weighted 

VOC content recorded in accordance with paragraph (B)(3)(j)(iii) of 

this rule. 

(ii) The overall control efficiency for the control equipment as determined 

during the most recent emission test that demonstrated that the source 

was in compliance. 

(e) A log or record of operating time for the capture (collection) system, control 

device, monitoring equipment, and the associated coating line. 

(f) For thermal incinerators, all three-hour periods of operation during which the 

average combustion temperature was more than fifty degrees Fahrenheit 

below the average combustion temperature during the most recent 

performance test that demonstrated that the source was in compliance. 

(g) For catalytic incinerators, all three-hour periods of operation during which 

the average temperature of the process vent stream immediately before the 

catalyst bed is more than fifty degrees Fahrenheit below the average 

temperature of the process vent stream during the most recent performance 

test that demonstrated that the source was in compliance, and all three-hour 

periods of operation during which the average temperature difference across 

the catalyst bed is less than eighty per cent of the average temperature 

differences during the most recent performance test that demonstrated that 

the source was in compliance. 

(h) For carbon adsorbers, all three-hour periods of operation during which the 

average VOC concentration or reading of organics in the exhaust gases is 

more than twenty per cent greater than the average exhaust gas 

concentration or reading measured by the organics monitoring device 

during the most recent determination of the recovery efficiency of the 

carbon adsorber that demonstrated that the source was in compliance. 

(9) Any owner or operator of a coating line referenced in paragraph (C)(7) of this 

rule shall notifY the director of any monthly record showing that the calculated, 

controlled VOC emission rate exceeds the applicable pounds of VOC per gallon 

of solids limitation. A copy of such monthly record shall be sent to the director 

within thirty days following the end of the calendar month. 

(D) Surface coating of cans. 

(1) Except as otherwise provided in paragraph (B)(6) of this rule, no owner or 

operator of a two-piece can coating operation may cause, allow, or permit the 

discharge into the ambient air of any volatile organic compounds after the date 

specified in paragraph (C)(3) of rule 3745-21-04 of the Administrative Code in 

excess of the following: 
3745-21-09 18 

(a) 2.8 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 4.5 pounds of VOC per gallon 

of solids from a basecoat coating line; 

(b) 2.8 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 4.5 pounds of VOC per gallon 

of solids from an overvarnish coating line; 

(c) 4.2 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 9.8 pounds of VOC per gallon 

of solids from an interior body coating line; 

(d) 4.2 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 9.8 pounds ofVOC per gallon 

of solids from an exterior bottom end coating line; and 

(e) 3.7 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 7.4 pounds ofVOC per gallon 

of solids from an end sealing compound coating line. 

(2) Except as otherwise provided in paragraph (B)(6) of this rnle, no owner or 

operator of a three-piece can coating operation may cause, allow, or permit the 

discharge into the ambient air of any volatile organic compounds after the date 

specified in paragraph (C)(3) ofrnle 3745-21-04 of the Administrative Code in 

excess of the following: 

(a) 2.8 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 4.5 pounds of VOC per gallon 

of solids from a basecoat coating line; 

(b) 2.8 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 4.5 pounds of VOC per gallon 

of solids trom an overvarnish coating line; 

(c) 4.2 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 9.8 pounds of VOC per gallon 

of solids from an interior body coating line; 

(d) 5.5 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 21.7 pounds of VOC per 

gallon of solids from a side-seam coating line; and 

(e) 3.7 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 7.4 pounds ofVOC per gallon 

of solids from an end sealing compound coating line. 
3745-21-09 19 

(3) Alternative daily emission limitation: 

(a) Any owner or operator of a two-piece or three-piece can coating operation 

may obtain from the director an alternative daily emission limitation for the 

emission limitations specified in paragraph (D)(!) or (D)(2) of this rnle. The 

alternative daily emission limitation shall be detennined according to 

paragraph (D)(3)(b) of this rule and the actual daily emission shall be 

dete1mined according to paragraph (D)(3)(c) of this rule. Prior to obtaining 

the alternative daily emission limitation, the owner or operator shall 

demonstrate to the satisfaction of the director that the actual daily emission 

will not exceed the alternative daily emission limitation after the date 

specified in paragraph (C)(3) of rule 3745-21-04 of the Administrative 

Code and that the record-keeping requirements of paragraph (D)(3)(d) of 

this rule shall be met. 

(b) The alternative daily emission limitation (Ad) shall be detennined on a daily 

basis as follows: 

Where Ad= pounds ofVOC emissions allowed for the day, 

C = VOC content of surface coating employed, in pounds of VOC per 

gallon of coating, excluding water and exempt solvents, 

D = density of VOC content of surface coating employed, in pounds of 

VOC per gallon of VOC (a standard density of 7.36 may be used if it is 

used for all surface coatings employed), 

V = volume of surface coating employed for the day, in gallons (excluding 

water and exempt solvents), 

L = emission limitation for the surface coating employed as specified in 

paragraph (D)( I) or (D)(2) of this rule, in pounds of VOC per gallon of 

coating (excluding water and exempt solvents), 

i = subscript denoting a specific surface coating employed, and 

n = total number of surface coatings employed in can coating operation. 

(c) The actual daily emission (Ed) shall be determined on a daily basis as 

follows: 
3745-21-09 20 

" Ed= :z:: vici (1- F;) 

>-I 

Where Ed = actual pounds of VOC emissions for the day, 

F =fraction by weight ofVOC emissions from the surface coating reduced 

or prevented from being emitted by control equipment, and V, C, i and n are 

defined as in paragraph (D)(3)(b) of this rule. 

(d) Record-keeping requirements: 

(i) Daily records shall be maintained for a period of not less than two years 

which list the usage of surface coatings or which list other data, as 

authorized by the director, that approximate the usage of surface 

coatings. The following data shall be listed for each surface coating 

being recorded: VOC content (in pounds ofVOC per gallon of coating, 

excluding water and exempt solvents), density of VOC content of 

coating (in pounds of VOC per gallon of VOC) unless the standard 

density of 7.36 is recorded, and the type of surface coating according to 

the classification contained within paragraphs (D)(l) and (D)(2) of this 

rule. 

(ii) Daily records shall be maintained for a period of not less than two years 

which include the following for any control equipment designed to 

reduce or prevent the emission of VOC: downtime, any operational 

problems and/or malfunctions which reduce the effective control 

efficiency, and the average control efficiency, if less than the normally 

expected control efficiency. 

(iii) Other records shall be maintained, as deemed necessary by the director, 

in order to provide information on VOC emissions and/or compliance 

with the alternative daily emission limitation. 

(E) Except as otherwise provided in paragraphs (B)(6) and (D) of this rule, no owner or 

operator of a coil coating line may cause, allow or permit the discharge into the 

ambient air of any VOCs after the date specified in paragraph (C)(4) of rule 3745-

21-04 of the Administrative Code in excess of 2.6 pounds of VOC per gallon of 

coating, excluding water and exempt solvents, or, if a control system is employed, 

4.0 pounds of VOC per gallon of solids from a prime coat, topcoat, or single coat 

coating line. 

(F) Paper coating lines. 
3745-21-09 21 

(!) Except as otherwise provided in paragraph (B)(6) of this rule, no owner or 

operator of a paper coating line which has a maximum application of coating 

materials greater than three gallons in any one day may cause, allow or permit 

the discharge into the ambient air of any volatile organic compounds after the 

date specified in paragraph (C)(5) of rule 3745-21-04 of the Administrative 

Code in excess of 2.9 pounds ofVOC per gallon of coating, excluding water and 

exempt solvents, or, if a control system is employed, 4.8 pounds of VOC per 

gallon of solids from such paper coating line. 

(2) In addition to the requirements specified in paragraph (F)(l) of this rule, the 

following requirements are applicable to all paper coating lines located in 

Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Sununit 

counties. 

(a) Any owner or operator of a paper coating line with potential emissions that 

are equal to or greater than 25.0 tons per year ofVOC before the application 

of capture and control devices shall comply with either of the following 

requirements for the coating line: 

(i) Employ a conh·ol system in order to reduce VOC emissions from the 

paper coating line by at least ninety per cent or maintain a maximum 

VOC outlet concentration of twenty ppmv on a dry basis, whichever is 

less stringent. 

(ii) Employ coatings in the paper coating line that comply with the 

following VOC content limitations: 

-VOC content limitationsCoating Type Pound ofVOC/Pound of Coating 

pressure surface coatings (not including 0.08 

pressure sensitive tape and labels) 

pressure sensitive tape and label surface 0.067 

coatings 

(b) Work practice standards for cleaning materials. 

Unless emissions to the atmosphere are controlled by an approved emission 

control system with an overall control efficiency of at least ninety per cent, 

any person using an organic solvent for cleanup shall: 

(i) Store all VOC containing cleaning materials and used shop towels in 

closed containers; 

(ii) Ensure that mixing and storage containers used for VOC-containing 

cleaning materials are kept closed at all times except when depositing 

or removing these materials; 
3745-21-09 22 

(iii) Minimize spills ofVOC-containing cleaning materials; 

(iv) Convey VOC-containing cleaning materials from one location to 

another in closed containers or pipes; and 

(v) Minimize VOC emission from cleaning of storage, m1xmg, and 

conveying equipment. 

(G) Except as otherwise provided in paragraph (B)(6) of this rule, no owner or operator 

of a fabric coating line may cause, allow or permit the discharge into the ambient air 

of any VOCs after the date specified in paragraph (C)(6) of rule 3745-21-04 of the 

Administrative Code in excess of 2.9 pounds of VOC per gallon of coating, 

excluding water and exempt solvents, or, if a control system is employed, 4.8 pounds 

of VOC per gallon of solids from a fabric coating line. 

(H) Except as otherwise provided in paragraph (XX) of this rule, no owner or operator of 

a vinyl coating line may cause, allow or permit the discharge into the ambient air of 

any VOCs from such coating line after the date specified in paragraph (C)(7) of rule 

3745-21-04 of the Administrative Code, unless the requirements of either paragraph 

(H)(l) or (H)(2) of this rule are satisfied. 

(1) The VOC content of the coatings employed in the vinyl coating line, as 

detennined under paragraph (B) of rule 3745-21-10 of the Administrative Code, 

does not exceed the following limitation: 

(a) 4.8 pounds ofVOC per gallon of vinyl coating, excluding water and exempt 

solvents; or 

(b) Twenty-five per cent VOC by volume of the volatile matter of the vinyl 

coating. 

(2) The vinyl coating line is equipped with a caphlre system and associated control 

system which are designed and operated to achieve the following efficiencies for 

VOCs, as determined under paragraph (C) of rule 3745-21-10 of the 

Administrative Code: 

(a) A capture efficiency which is at least seventy-five per cent by weight; and 

(b) A control efficiency which is at least ninety per cent by weight. 

(3) The requirements specified in paragraphs (H)(!) and (H)(2) of this rule shall not 

apply to the application of organisol or plastisol coatings. 

(I) Surface coating of metal furniture. 
3745-21-09 23 

(!)Except as otherwise provided in paragraphs (B)(6), (I)(2) and (I)(3) of this rule, 

no owner or operator of a prime coat, topcoat, or single coat coating line for 

metal furniture may cause, allow or permit the discharge into the ambient air of 

any VOCs after the date specified in paragraph (C)(8) of rule 3745-21-04 of the 

Administrative Code in excess of 3.0 pounds of VOC per gallon of coating, 

excluding water and exempt solvents, or, if a control system is employed, 5 .I 

pounds ofVOC per gallon of solids from such prime coat, topcoat, or single coat 

coating line. 

(2) Any owner or operator of a prime coat, topcoat, or single coat coating line for 

metal furniture may obtain from the director an alternative emission limitation 

for the limitation specified in paragraph (I)( I) of this rule. The owner or operator 

shall demonstrate to the satisfaction of the director, prior to obtaining an 

alternative emission limitation, that the alternative emission limitation is, at a 

minimum, equivalent in terms of total daily emissions ofVOCs to the applicable 

requirement of paragraph (I)(l) of this rule. For purposes of this demonstration, 

the director shall recognize that the emission limitation in paragraph (I)(!) of 

this rule is equivalent to 8.4 pounds VOC per gallon of deposited solids and is 

based upon a coating applicator transfer efficiency of sixty per cent. If the 

director approves an alternative emission limitation for a prime coat, topcoat, or 

single coat coating line for metal furniture, said limitation and the associated 

transfer efficiency shall be specified in the special terms and conditions of a 

operating permit or variance issued by the director for the coating line. If the test 

method for determining the transfer efficiency for a coating line has not been 

approved by the USEP A as part of the state implementation plan, the permit to 

operate or variance issued by the director for the coating line must be approved 

by the USEP A as a revision to the state implementation plan. 

(3) Exemptions. 

(a) Exempted from the requirements of paragraph (I)( I) of this rule are the 

prime coat, topcoat, or single coat coating lines for metal furniture at a 

facility, only if all such lines, in combination, emit less than fifteen pounds 

ofVOC per day (before add-on controls). 

(b) Exempted from the requirements of paragraph (I)(!) of this rule is any 

application of a coating to a part not defined as metal furniture. 

( 4) In addition to the requirements specified in paragraph (I) (I) of this rule the 

following requirements are applicable to all metal fumiture coating lines located 

in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit 

counties. 

(a) Except as othetwise provided in paragraph (I)(4)(b) of this rule, no owner or 

operator of a coating line for metal fumiture may cause, allow or permit the 

discharge into the ambient air of any VOCs after the date specified in 
3745-21-09 24 

-

paragraph (C)(8) of rule 3745-21-04 of the Administrative Code in excess 

of 1he VOC limitations specified in 1he following table: 

voc con t t ( en \ poun d . per ga ll on o f coa t mg, ess wa t er an d exempt so vents ) -

Coating Air-Dried Coating (controls Baked Coating (controls not 

not employed) employed) 

general one-component 2.3 2.3 

general multi-component 2.8 2.3 

solar-absorbent 3.5 3.0 

heat-resistant 3.5 3.0 

extreme high-gloss 2.8 3.0 

metallic 3.5 3.5 

extreme performance 3.5 3.0 

pretreatment coatings 3.5 3.5 

The recommended emission limits can also be expressed in terms of mass 

ofVOC per volume of coating solids, as applied. A facility could use lowVOC coatings or a combination of coatings and add-on control equipment 

on a coating unit to meet the recommended mass of VOC per volume of 

coating solids limits. Using an assumed VOC density of 7.36 pounds per 

gallon, 1he equivalent limits in tenus of mass of VOC per volume of solids, 

as applied, are as follows: 

-VOC content (pound per gallon of coating solids, as applied)-

Coating Air-Dried Coating (controls Baked Coating (controls 

employed) employed) 

general one-component 3.3 3.3 

general multi-component 4.5 3.3 

extreme high gloss 4.5 5.1 

extreme performance 6.7 5.1 

heat resistant 6.7 5.1 

metallic 6.7 6.7 

pretreatment coatings 6.7 6.7 

solar absorbent 6.7 5.1 

(b) Exemptions. 

(i) Exempted from the requirements of paragraph (1)(4) of1his rule are the 

coating lines for metal furniture at a facility, only if all such lines, in 

combination, emit less 1han fifteen pounds of VOC per day (before 

add-on controls). 

(ii) Exempted from the requirements of paragraph (I)( 4) of this rule is any 

application of coating to a part not defined as metal furniture. 
3745-21-09 25 

(iii) The provisions of paragraphs (I)(4)(a) and (I)(4)(d) of this rule shall not 

apply to: 

(a) Stencil coatings; 

(b) Safety-indicating coatings; 

(c) Solid-film lubricants; 

(d) Touch-up and repair coatings; and 

(e) Coating application utilizing hand-held aerosol cans. 

(c) Operating equipment. 

A person shall not apply VOC-containing coatings to metal furniture unless 

the coating is applied with equipment operated according to the equipment 

manufacturer specifications, and by the use of one of the following 

methods: 

(i) Electrostatic application; 

(ii) Flow coat; 

(iii) Dip coat; 

(iv) Roll coat; 

(v) HVLP spray; 

(vi) Hand application methods; or 

(vii) Such other coating application methods as are demonstrated to the 

director to be capable of achieving a transfer efficiency equivalent or 

better to the method listed in paragraph (I)(4)(c)(v) of this rule and for 

which written approval of the director has been obtained. 

(d) Work practices for coating-related activities. 

Unless emissions to the atmosphere are controlled by an approved emission 

control system with an overall control efficiency of at least ninety per cent, 

any person perfmming coating related activities shall: 

(i) Store all VOC-containing coatings, thinners, and coating-related waste 

materials in closed containers; 
3745-21-09 26 

(ii) Ensme that mixing and storage containers used for VOC-containing 

coatings, thinners, and coating-related waste materials are kept closed 

at all times except when depositing or removing these materials; 

(iii) Minimize spills of VOC-containing coatings, thinners, and coatingrelated waste materials; and 

(iv) Convey VOC-containing coatings, thinners, and coating-related waste 

materials from one location to another in closed containers or pipes. 

(e) Work practice standards for cleaning materials. 

Unless emissions to the atmosphere are controlled by an approved emission 

control system with an overall control efficiency of at least ninety per cent, 

any person using an organic solvent for cleanup shall: 

(i) Store all VOC containing cleaning materials and used shop towels in 

closed containers; 

(ii) Ensme that mixing and storage containers used for VOC-containing 

cleaning materials are kept closed at all times except when depositing 

or removing these materials; 

(iii) Minimize spills ofVOC-containing cleaning materials; 

(iv) Convey VOC-containing cleaning materials from one location to 

another in closed containers or pipes; and 

(v) Minimize VOC emission from cleaning of storage, m1xmg, and 

conveying equipment. 

(J) Except as otherwise provided in paragraph (B)(6) of this rule, no owner or operator of 

a magnet wire coating line may cause, allow or permit the discharge into the ambient 

air of any VOCs after the date specified in paragraph (C)(9) of rule 3745-21-04 of 

the Administrative Code in excess of I. 7 pounds of VOC per gallon of coating, 

excluding water and exempt solvents, or, if a control system is employed, 2.2 pounds 

of VOC per gallon of solids from a magnet wire coating line. 

(K) Smface coating of large appliances. 

(I) Except as otherwise provided in paragraphs (B)(6), and (K)(2) to (K)(4) of this 

rule, no owner or operator of a prime coat, single coat or topcoat coating line for 

large appliances may cause, allow or permit the discharge into the ambient air of 

any VOCs after the date specified in paragraph (C)(IO) of rule 3745-21-04 of 

the Administrative Code in excess of 2.8 pounds of VOC per gallon of coating, 

excluding water and exempt solvents, or, if a control system is employed, 4.5 
3745-21-09 27 

pounds of VOC per gallon of solids from such prime coat, single coat, or topcoat 

coating line. 

(2) The emission limit under paragraph (K)(l) of this rule shall not apply to the use 

of quick-drying lacquers for repair of scratches and nicks that occur during 

assembly, provided that the maximum usage of such lacquers does not exceed 

one quart in any eight-hour period. 

(3) Any owner or operator of a prime coat, single coat or topcoat coating line for 

large appliances may obtain from the director an alternative emission limitation 

for the limitation specified in paragraph (K)(l) of this rule. The owner or 

operator shall demonstrate to the satisfaction of the director, prior to obtaining 

an alternative emission limitation, that the alternative emission limitation is, at a 

minimum, equivalent in terms of total daily emissions ofVOCs to the applicable 

requirement of paragraph (K)(l) of this rule. For purposes of this demonstration, 

the director shall recognize that the emission limitation in paragraph (K)(l) of 

this rule is equivalent to 7.5 pounds VOC per gallon of deposited solids and is 

based upon a coating applicator transfer efficiency of sixty per cent. If the 

director approves an alternative emission limitation for a prime coat, single coat 

or topcoat coating line for large appliances, said limitation and the associated 

transfer efficiency shall be specified in the special terms and conditions of an 

operating permit or variance issued by the director for the coating line. If the test 

method for determining the transfer efficiency for a coating line has not been 

approved by the US EPA as part of the state implementation plan, the permit to 

operate or variance issued by the director for the coating line must be approved 

by the USEP A as a revision to the state implementation plan. 

(4) The emission limit under paragraph (K)(l) of this rule shall not apply to any large 

appliance coating line for which construction commenced prior to October 19, 

1979 and which is located at the following facilities, unless a modification for 

any such coating line has commenced on or after October 19, 1979: 

(a) The "Whirlpool Corporation (Findlay Division)" facility located at 4901 

North Main street, Findlay, Ohio; and 

(b) The "Whirlpool Corporation (Marion Division)" facility located at 1300 

Marion-Agosta road, Marion, Ohio. 

( 5) The emission limit under paragraph (K)( 1) of this rule shall not apply to large 

appliance coatings that are subject to in-use temperatures in excess of two 

hundred fifty degrees Fahrenheit. 

( 6) In addition to the requirements specified in paragraph (K)( I) of this rule the 

following requirements are applicable to all surface coatings operations for large 

appliances located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, 

Portage and Summit counties. 
3745-21-09 28 

(a) Except as otherwise provided in paragraph (K)(6)(b) of this rule, no owner or 

operator of a coating line for large appliances may cause, allow or permit 

the discharge into the ambient air of any VOCs after the date specified in 

paragraph (C)(lO) of rule 3745-21-04 of the Administrative Code in excess 

of the VOC limitations specified in the following table. 

-VOC content emission limitations (pounds per gallon of coating, less water and exempt 

solvents)-

Coating Type Air-Dried (controls not Baked Coating (controls not 

employed) employed) 

general one-component 2.3 2.3 

general multi -component 2.8 2.3 

solar-absorbent 3.5 3.0 

heat-resistant 3.5 3.0 

extreme high-gloss 2.8 3.0 

metallic 3.5 3.5 

extreme performance 3.5 3.0 

pretreatment coatings 3.5 3.5 

The recommended emission limits can also be expressed in terms of mass 

of VOC per volume of coating solids, as applied. A facility could use lowVOC coatings or a combination of coatings and add-on control equipment 

on a coating unit to meet the recommended mass of VOC per volume of 

coating solids limits. Using an assumed VOC density of 7.36 pounds per 

gallon, the equivalent limits in terms of mass of VOC per volume of solids, 

as applied, are as follows: 

-VOC content (pounds per gallon of coating solids , as applied)-

Coating Air-Dried Coating (controls Baked Coating (controls 

employed) employed) 

general one-component 3.3 3.3 

general multi-component 4.5 3.3 

extreme high gloss 4.5 5.1 

extreme performance 6.7 5.1 

heat resistant 6.7 5.1 

metallic 6.7 6.7 

pretreatment coatings 6.7 6.7 

solar absorbent 6.7 5.1 

(b) Exemptions. 

(i) Exempted from the requirements of paragraph (K)(6) of this rule are 

coating lines for large appliances at a facility, only if all such lines, in 
3745-21-09 29 

combination, emit less than fifteen pounds of VOC per day (before 

add-on controls). 

(ii) The provisions of paragraphs (K)( 6)( a) and (K)( 6)( e) of this rule shall 

not apply to: 

(a) Stencil coatings; 

(b) Safety-indicating coatings; 

(c) Solid-film lubricants; 

(d) Electric-insulating and thermal-conducting coatings; 

(e) Touch-up and repair coatings; and 

(f) Coating application utilizing hand-held aerosol cans. 

(c) Operating equipment. 

A person shall not apply VOC-containing coatings to a large appliance 

unless the coating is applied with equipment operated according to the 

equipment manufacturer specifications, and by the use of one of the 

following methods: 

(i) Electrostatic application; 

(ii) Flow coat; 

(iii) Dip coat; 

(iv) Roll coat; 

(v) HVLP spray; 

(vi) Hand application methods; or 

(vii) Such other coating application methods as are demonstrated to the 

director to be capable of achieving a transfer efficiency equivalent or 

better to the method listed in paragraph (K)(6)(c)(v) of this rule and for 

which written approval of the director has been obtained. 

(d) Work practices for coating-related activities. 
3745-21-09 30 

Unless emissions to the atmosphere are controlled by an approved emission 

control system with an overall control efficiency of at least ninety per cent, 

any person performing coating related activities shall: 

(i) Store all VOC-containing coatings, thinners, and coating-related waste 

materials in closed containers; 

(ii) Ensure that mixing and storage containers used for VOC-containing 

coatings, thinners, and coating-related waste materials are kept closed 

at all times except when depositing or removing these materials; 

(iii) Minimize spills of VOC-containing coatings, thinners, and coatingrelated waste materials; and 

(iv) Convey VOC-containing coatings, thinners, and coating-related waste 

materials from one location to another in closed containers or pipes. 

(e) Work practice standards for cleaning materials. 

Unless emissions to the atmosphere are controlled by an approved emission 

control system with an overall control efficiency of at least ninety per cent, 

any person using an organic solvent for cleanup shall: 

(i) Store all VOC containing cleaning materials and used shop towels in 

closed containers; 

(ii) Ensure that mixing and storage containers used for VOC-containing 

cleaning materials are kept closed at all times except when depositing 

or removing these materials; 

(iii) Minimize spills ofVOC-containing cleaning materials; 

(iv) Convey VOC-containing cleaning materials from one location to 

another in closed containers or pipes; and 

(v) Minimize VOC emission from cleaning of storage, mixing, and 

conveying equipment. 

(L) Storage of petroleum liquids in fixed roof tanks. 

(1) No person shall place, store, or hold in a. fixed roof tank any petroleum liquid 

with a true vapor pressure which is greater than 1.52 pounds per square inch 

absolute after the date specified in paragraph (C)(ll) of rule 3745-21-04 of the 

Administrative Code unless such tank, is designed or equipped as follows, 

except where exempted under paragraph (L)(2) of this rule: 
3745-21-09 31 

(a) Vapor control equipment which is one of the following: 

(i) Internal floating roof; or 

(ii) Alternative equivalent control for VOC emissions as may be approved 

by the director. 

(b) If equipped with an internal floating roof, the automatic bleeder vents are to 

be closed at all times except when the roof is floated off or landed on the 

roof leg supports, and the rim vents, if provided, are to be set to open when 

the roof is being floated off the roof leg supports or is at the manufacturer's 

recommended setting. 

(c) All openings, except stub drains, are to be equipped with a cover, seal or lid 

which is to be in a closed position at all times except when in actual use for 

tank gauging or sampling. 

(d) Other means for reducing the emission of VOC into the ambient air as may 

be required by the director. 

(2) The following tanks are exempted from paragraph (L)(I) of this rule: 

(a) Fixed roof tank with a capacity less than forty thousand gallons; and 

(b) Fixed roof tank with a capacity less than four hundred twenty-two thousand 

gallons and used to store produced crude oil and condensate prior to lease 

custody transfer. 

(3) Any owner or operator of a fixed roof tank that is not exempted pursuant to 

paragraph (L)(2) of this rule shall maintain records of the following information 

in a readily accessible location for at least five years and shall make copies of 

the records available to the director upon verbal or written request. 

(a) The types of petroleum liquids stored in the tank. 

(b) The maximum hue vapor pressure (in pounds per square inch absolute), as 

stored, of each liquid that has a maximum true vapor pressure greater 1.0 

pound per square inch absolute. 

( 4) If an owner or operator places, stores, or holds in a fixed roof tank, that is not 

exempted pursuant to paragraph (L)(2) of this rule, any petroleum liquid with a 

true vapor pressure which is !,'Teater than 1.52 pounds per square inch absolute 

and such tank does not comply with the requirements of paragraph (L)(l) of this 

rule, the owner or operator shall so notify the director within thirty days of 

becoming aware of the occurrence. 
3745-21-09 32 

(M) Refinery vacuum producing systems, wastewater separators, and process unit 

turnarounds. 

(1) Each owner or operator of a petroleum refinery shall control the emissions of 

VOC from any vacuum producing systems no later than the date specified in 

paragraph (C)(I2) of rule 3745-21-04 of the Administrative Code by piping the 

vapors to an appropriate firebox or incinerator, or by compressing the vapors 

and adding them to the refinery fuel gas system. 

(2) Except for any wastewater separator which is used solely for once-through, 

noncontact cooling water or for intermittent tank farm drainage resulting from 

accumulated precipitation, each owner or operator of a petroleum refmery shall 

control the emissions of VOC from any wastewater separator no later than the 

date specified in paragraph (C)(13) of rule 3745-21-04 of the Administrative 

Code by equipping all forebay sections and other separator sections with covers 

and seals which minimize the amount of oily water exposed to the ambient air. 

In addition, all covers and forebay and separator sections shall be equipped with 

lids and seals which are kept in a closed position at all times except when in 

actual use. 

(3) Process unit turnarounds. 

(a) Each owner or operator of a petroleum refinery shall control the emissions of 

VOC from process unit turnarounds no later than the date specified in 

paragraph (C)(14) of rule 3745-21-04 of the Administrative Code by 

combusting the vapors as fuel gas or by flaring the vapors until the pressure 

in the process vessel is 19.7 pounds per square inch absolute or less. 

(b) Each owner or operator of a petroleum refinery shall maintain records for a 

minimum of two years for each process unit turnaround. Such records shall 

include: 

(i) The date the unit was shut down; 

(ii) The approximate pressure of the vapors in the process vessel when the 

VOC emissions were first discharged to the ambient air; and 

(iii) The approximate total quantity ofVOC emitted to the ambient air. 

(N) Use of cutback asphalts and emulsified asphalts in road construction and 

maintenance. 

(!)Except where exempted under paragraph (N)(3) of this rule, no person may allow 

or permit the use or application of cutback asphalts in road construction and 

maintenance after the date specified in paragraph (C)(15) of rule 3745-21-04 of 

the Administrative Code. 
3745-21-09 33 

(2) Except where exempted under paragraph (N)(3) of this rule, no person may allow 

or permit the use or application of any emulsified asphalt in road construction 

and maintenance after the date specified in paragraph (C)(l5) of rule 3745-21-

04 of the Admillistrative Code unless the oil distillate content of such emulsified 

asphalt, as determined by ASTM D244-04, "Standard Method of Testing 

Emulsified Asphalt," is less than or equal to: 

(a) 8.0 per cent by volume for an open-graded mix; 

(b) 12.0 per cent by volume for a dense-graded mix; or 

(c) 3.0 per cent by volume for any use or application not regulated under 

paragraphs (N)(2)(a) and (N)(2)(b) of this rule. 

(3) The requirements of paragraphs (N)(l) and (N)(2) of this rule shall not apply: 

(a) During the period from October fifteenth through April fifteenth; 

(b) To the use or application of a prime coat; 

(c) To the use or application of any maintenance mix which is to be stockpiled 

for at least thirty days; and 

(d) To the use or application of any cutback asphalt or emulsified asphalt on an 

unpaved road for the purpose of dust control. 

( 4) Recordkeeping requirements 

(a) Any person using or applying a cutback asphalt or emulsified asphalt in road 

construction or maintenance during the period from April fifteenth through 

October fifteenth shall maintain the following records for each cutback 

asphalt or emulsified asphalt used or applied during that period: 

(i) The type and quantity employed; 

(ii) If an emulsified asphalt, the oil distillate content; 

(iii) The date(s) of application; 

(iv) An identification of the road segments where applied; 

(v) The type of application (e.g., prime coat, tack coat, seal coat, 

maintenance mix, crack sealing, dust control, etc.); and 
3745-21-09 34 

(vi) If the application is by hand for crack sealing, the quantity employed 

each day per work crew. 

(b) The records required by paragraph (N)(4)(a) of this rule shall be maintained 

for a minimum of two years and shall be available for review by the director 

or authorized representative during normal business hours. 

(0) Solvent metal cleaning. 

(1) Except where exempted under paragraph (0)(6) of this rule, the requirements in 

paragraphs (0)(2), (0)(3), and (0)(4) of this rule shall be satisfied no later than 

the dates specified in paragraph (C)(l6) of rule 3745-21-04 of the 

Administrative Code. 

(2) Each owner or operator of a cold cleaner shall: 

(a) Equip the cold cleaner with either: 

(i) A cover; and if the solvent has a vapor pressme greater than 0.3 pound 

per square inch absolute measmed at one hundred degrees Fahrenheit, 

or the solvent is heated or agitated, the cover shall be designed and 

constructed so that it can be easily operated with one hand; or 

(ii) A remote solvent reservoir from which solvent is pumped through a 

nozzle suspended over a sink-like work area which drains back to the 

reservoir, provided the sink-like work area has an open drain area of 

less than sixteen square inches and provided the solvent neither is 

heated above one hundred twenty degrees Fahrenheit nor has a vapor 

pressure greater than 0.6 pound per square inch absolute, measmed at 

one hundred degrees Fahrenheit; 

(b) Equip the cold cleaner with a device for draining the cleaned parts; and if the 

solvent has a vapor pressure greater than 0.6 pound per square inch 

absolute, measured at one hundred degrees Fahrenheit, the drainage facility 

shall be constructed internally so that parts are enclosed under the cover 

during draining unless an internal type drainage device cam1ot fit into the 

cleaning system; 

(c) Install one of the following devices if the solvent vapor pressure is greater 

than 0.6 pound per square inch absolute measured at one hundred degrees 

Fahrenheit, or if the solvent is heated above one hundred twenty degrees 

Fahrenheit: 

(i) Freeboard that gives a freeboard ratio greater than or equal to 0.7; 

(ii) Water cover (solvent must be insoluble in and heavier than water); or 
3745-21-09 35 

(iii) Other systems of equivalent control, such as refrigerated chiller or 

carbon adsorption, approved by the director; and 

(d) Operate and maintain the cold cleaner in accordance with the following 

practices to minimize solvent evaporation from the unit: 

(i) Provide a permanent, legible, conspicuous label, sununarizing the 

operating requirements. 

(ii) Store waste solvent in covered containers. 

(iii) Close the cover whenever parts are not being handled in the cleaner. 

(iv) Drain the cleaned parts until dripping ceases. 

(v) If used, supply a solvent spray that is a solid fluid stream (not a fine, 

atomized, or shower-type spray) at a pressure that does not exceed ten 

pounds per square inch gauge. 

(vi) Clean only materials that are neither porous nor absorbent. 

(e) Notwithstanding the exemption specified in paragraph (0)(6)(b) of this rule, 

for each cold cleaner located in Ashtabula, Butler, Clark, Clermont, 

Cuyahoga, Geauga, Greene, Hamilton, Lake, Lorain, Medina, Miami, 

Montgomery, Portage, Summit, and Warren counties, comply with the 

following requirements: 

(i) The solvent material employed in the cold cleaner shall have a vapor 

pressure that does not exceed 1.0 mmHg (0.0 19 psi) measured at 

twenty degrees Celsius (sixty-eight degrees Fahrenheit). 

(ii) The owner or operator of each cold cleaner shall maintain records for a 

minimum of five years that include the following information for each 

solvent purchased: 

(a) The date of the purchase; 

(b) The name, company identification, and chemical composition of the 

solvent; and 

(c) The vapor pressure of the solvent measured in mmHg at twenty 

degrees Celsius (sixty-eight degrees Fahrenheit), as detennined by 

ASTM D2879-97, "Standard Test Method for Vapor PressureTemperature Relationship and Initial Decomposition Temperature 

of Liquids by Isoteniscope." 
3745-21-09 36 

(iii) The cleaning of electronic components as defmed in paragraph ( G)(3) 

of mle 3745-21-01 of the Administrative Code are exempt from the 

requirements of paragraph (0)(2)(e) of this mle. 

(iv) The cleaning of paint gun parts, through the use of cold cleaners as 

defined in paragraph (G)(l) of mle 3745-21-01 of the Administrative 

Code, for the removal of paint and coatings, is exempt from the 

requirements of paragraph (0)(2)(e) of this rule. 

(3) Each owner or operator of an open top vapor degreaser shall: 

(a) Equip the open top vapor degreaser with a cover that can be opened and 

closed easily without disturbing the vapor zone; 

(b) Install the following safety switches: 

(i) A condenser thermostat or any other device which shuts off the sump 

heat if the condenser coolant is either not circulating or too warm; 

(ii) A spray safety switch which shuts off the spray pump if the vapor level 

drops below any fixed spray nozzle; 

(iii) A vapor level control thermostat or any other device which shuts off the 

sump heat when the vapor level rises too high; and 

(iv) A water flow switch, water pressure switch or any other device which 

shuts off the sump heat if the water in a water-cooled condenser has no 

flow or no pressure, whichever is being monitored. 

(c) Install one of the following devices: 

(i) A freeboard with a freeboard ratio greater than or equal to 0.75, and if 

the open top vapor degreaser opening is greater than ten square feet, the 

cover must be powered or equipped with mechanical features whereby 

it can be readily closed when the degreaser is not in use; 

(ii) Refrigerated chiller; 

(iii) Enclosed design (cover or door opens only when the dry part is actually 

entering or exiting the open top vapor degreaser); 

(iv) Carbon adsorption system, with ventilation greater than or equal to fifty 

cubic feet per minute per square foot of air/solvent interface (when 

cover is open), and exhausting less than twenty-five pruts per million of 

solvent averaged over one complete adsorption cycle; or 
3745-21-09 37 

(v) A control system, demonstrated to have control efficiency equivalent to 

or greater than any of the above, and approved by the director; and 

(d) Operate and maintain the open top vapor de greaser in accordance with the 

following practices to minimize solvent evaporation from the unit: 

(i) Keep the cover closed at all times except when processing work loads 

tluough the degreaser. 

(ii) Minimize solvent carryout by: 

(a) Racking parts so that solvent drains freely and is not trapped. 

(b) Moving parts in and out of the degreaser at less than eleven feet per 

minute. 

(c) Holding the parts in the vapor zone at least thirty seconds or until 

condensation ceases, whichever is longer. 

(d) Tipping out any pools of solvent on the cleaned parts before 

removal from the vapor zone. 

(e) Allowing parts to dry within the degreaser for at least fifteen 

seconds or until visually dry, whichever is longer. 

(iii) Clean only materials that are neither porous nor absorbent. 

(iv) Occupy no more than one-half of the degreaser's open-top area with a 

workload. 

(v) Always spray within the vapor level. 

(vi) Repair solvent leaks immediately, or shut down the degreaser. 

(vii) Store waste solvent only in covered containers. 

(viii) Operate the cleaner such that water carmot be visually detected in 

solvent exiting the water separator. 

(ix) Use no ventilation fans near the degreaser opening. 

(x) When the cover is open, do not expose the open top vapor degreaser to 

drafts greater than one hundred thirty-one feet per minute, as measured 

between three and six feet upwind and at the same elevation as the tank 

lip. 
3745-21-09 38 

(xi) If a lip exhaust is used on the open top vapor degreaser, do not use a 

ventilation rate that exceeds sixty five cubic feet per minute per square 

foot of degreaser open area, unless a higher rate is necessary to meet 

occupational safety and health administration requirements. 

(xii) Provide permanent, conspicuous label, summarizing the operating 

procedures. 

( 4) Each owner or operator of a conveyorized de greaser shall: 

(a) Install one of the following devices on all conveyorized degreasers having an 

air/solvent interface greater than twenty-two square feet: 

(i) Refrigerated chiller; 

(ii) Carbon adsorption system, with ventilation greater than or equal to fifty 

cubic feet per minute per square foot of air/solvent interface (when 

downtime covers are open), and exhausting less than twenty-five parts 

per million of solvent by volume averaged over a complete adsorption 

cycle; or 

(iii) A system, demonstrated to have a control efficiency equivalent to or 

greater than paragraph (0)(4)(a)(i) or (0)(4)(a)(ii) of this rule, and 

approved by the director; 

(b) Equip the conveyorized de greaser with equipment, such as a drying tunnel or 

rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying 

out solvent liquid or vapor; 

(c) Install the following safety switches, if the solvent is heated to its boiling 

point: 

(i) A condenser flow switch and the1mostat or any other device which shuts 

off the sump heat if the condenser coolant is either not circulating or 

too warm; 

(ii) A spray safety switch which shuts off the spray pump if the vapor level 

drops below any fixed spray nozzle; and 

(iii) A vapor level control thermostat or any other device which shuts off the 

sump heat when the vapor level rises too high; 

(d) Equip the conveyorized degreaser with covers for closing off the entrance 

and exit when not in use, unless the conveyorized degreaser is equipped 
3745-21-09 39 

with a refrigerated chiller or carbon adsorption system that is always in use 

except during maintenance; and 

(e) Operate and maintain the conveyorized degreaser in accordance with the 

following practice to minimize solvent evaporation from the unit: 

(i) Use no workplace fans near the de greaser opening, and ensure that 

exhaust ventilation does not exceed sixty-five cubic feet per minute per 

square foot of degreaser opening, unless a higher rate is necessary to 

meet occupational safety and health administration requirements. 

(ii) Minimize openings during operation so that entrances and exits 

silhouette workloads with an average clearance between the parts and 

the edge of the de greaser opening of less than ten per cent of the width 

of the opening. 

(iii) Provide downtime covers for closing off the entrance and exit during 

shutdown hours. 

(iv) Minimize carryout emission by: 

(a} Racking parts so that solvent drains freely from parts and is not 

trapped. 

(b) Maintaining the vertical conveyor speed at less than eleven feet per 

minute. 

(v) Store waste solvent only in covered containers. 

(vi) Repair solvent leal<s immediately, or shut down the degreaser. 

(vii) Operate the cleaner such that water cannot be visually detected in 

solvent exiting the water separator. 

(viii) Place downtime covers over entrances and exits of the conveyorized 

degreaser at all times when the conveyors and exhausts are not being 

operated. 

(ix) Clean only materials that are neither porous nor absorbent. 

(5) Any owner or operator of a solvent metal cleaning operation shall maintain 

records of the following infonnation in a readily accessible location for at least 

five years and shall make these records available to the director upon verbal or 

written request: 
3745-21-09 40 

(a) All control equipment maintenance such as replacement of the carbon in a 

carbon adsorption unit. 

(b) The results of all emission tests conducted to demonstrate compliance with 

the requirements of paragraph (0)(3)(c)(iv), (0)(3)(c)(v), (0)(4)(a)(ii), or 

(0)(4)(a)(iii) of this rule. 

(c) For cold cleaners, the types of solvents employed and the vapor pressure of 

each solvent (pounds per square inch absolute) measured at one hundred 

degrees Fahrenheit. 

( 6) Exemptions: 

(a) Paragraph (0)(2)(d)(v) of this rule shall not apply to cold cleaners that are 

research and development sources, as defined under section 3704.01 of the 

Revised Code, provided that the owner or operator maintains records which 

demonstrate that the combined VOC emissions from the exempted research 

and development sources are less than five tons per calendar year. 

(b) After June 15, 1999, except as provided in paragraph (0)(2)(e), paragraphs 

(0)(2) to (0)(5) of this rule shall not apply to any solvent metal cleaning 

operation which is subject to 40 CFR Part 63, Subpart T, provided the 

requirements of Subpart T are specified in the terms and conditions of 

installation and/or operating permit issued by the director. 

(c) Where VOC-containing cleaners that exceed the vapor pressure requirements 

of paragraph (0)(2)(e)(i) of this rule are used to clean cured resin from 

application equipment, the cleaning of resin application equipment at 

facilities subject to and complying with the requirements of 40 CFR Part 63, 

Subpart WWWW, is exempt from the requirements of paragraph 

(0)(2)(e)(i) of this mle. 

(d) The cleaning of medical parts subject to regulation by the food and drug 

administration and metal parts subject to federal aviation administration and 

department of defense cleaning solvent specifications is exempt from the 

requirements of paragraph (0)(2)(e)(i) of this rule provided a documented 

conflict between said specification and the vapor pressure requirements of 

paragraph (0)(2)( e )(i) of this rule occurs. Such documentation shall be 

provided to the appropriate Ohio EPA district office or local air agency. 

(P) Bulk gasoline plant. 

(!)No owner or operator of a bulk gasoline plant may cause, allow or permit the 

transfer of gasoline at a bulk gasoline plant after the date specified in paragraph 

(C)(17) of rule 3745-21-04 of the Administrative Code unless the following 
3745-21-09 41 

requirements are met, except where exempted under paragraph (P)( 5) of this 

rule: 

(a) Each stationary storage tank which stores gasoline at the bulk gasoline plant 

is loaded by means of a submerged fill pipe; 

(b) For any transfer of gasoline from a delivery vessel to a stationary storage 

tank located at the bulk gasoline plant, the vapors displaced from the 

stationary storage tank are processed by one of the following systems: 

(i) A vapor balance system which is equipped with a vapor tight vapor line 

from the stationary storage tank to the delivery vessel and a means to 

ensure that the vapor line is connected before gasoline can be 

transferred and which is designed and operated to route at least ninety 

per cent by weight of the VOC in the displaced vapors to the delivery 

vessel; or 

(ii) A vapor control system which is designed and operated to recover at 

least ninety per cent by weight of the VOC in the displaced vapors; 

(c) Any loading rack at the bulk gasoline plant which transfers gasoline to a 

delivery vessel is equipped for top submerged filling or bottom filling for 

the transfer of gasoline; 

(d) For any transfer of gasoline from a loading rack located at the bulk gasoline 

plant to a delivery vessel, the vapors displaced from delivery vessel are 

processed by one of the following systems: 

(i) A vapor balance system which is equipped with a vapor tight vapor line 

from the delivery vessel to the stationary storage tank being unloaded 

and a means to ensure that the vapor line is connected before gasoline 

can be transferred and which is designed and operated to route at least 

ninety per cent by weight of the VOC in the displaced vapors to the 

stationary storage tank; or 

(ii) A vapor control system which is designed and operated to recover at 

least ninety per cent by weight of the VOC in the displaced vapors; and 

(e) All gasoline loading lines, unloading lines and vapor lines are equipped with 

fittings which are vapor tight. 

(2) When a vapor balance system is employed to meet the requirements of paragraph 

(P)(l )(b) or (P)(l )(d) of this rule, the following operating practices shall be 

followed: 
3745-21-09 42 

(a) The vapor balance system shall be kept in good working order and shall be 

used at all times during the transfer of gasoline; 

(b) The delivery vessel hatches shall be closed at all times during the loading of 

the delivery vessel; 

(c) There shall be no leaks in the delivery vessel pressure/vacuum relief valves 

and hatch covers; 

(d) There shall be no leaks in the vapor and liquid lines during the transfer of 

gasoline; and 

(e) The pressure relief valves on the stationary storage tanks and delivery vessels 

shall be set to release at no less than 0.7 pound per square inch gauge or the 

highest possible pressure (in accordance with state or local fire codes, or the 

"National Fire Prevention Association" guidelines). 

(3) No owner or operator of a bulk gasoline plant may permit gasoline to be spilled, 

discarded in sewers, stored in open containers or handled in any other manner 

that would result in evaporation. 

( 4) Any owner or operator of a bulk gasoline plant shall repair within fifteen days 

any leak from the vapor balance system or vapor control system which is 

employed to meet the requirements of paragraph (P)(l) of this rule when such 

leak is equal to or greater than one hundred per cent of the lower explosive limit 

as propane, as determined under paragraph (K) of rule 3745-21-10 of the 

Administrative Code. 

( 5) Exemptions. 

(a) Paragraphs (P)(l) to (P)(4) of this rule shall not apply to a bulk gasoline 

plant which has an average daily throughput, based upon the number of 

days during a calendar year when the bulk plant was actually in operation, 

ofless than four thousand gallons of gasoline. 

(b) Paragraph (P)(l )(b) of this rule shall not apply to any stationary storage tank 

which is equipped with either an internal floating roof or external floating 

roof. 

( 6) Any owner or operator of a bulk gasoline plant shall maintain records of the 

following information in a readily accessible location for at least five years and 

shall immediately make these records available to the director upon verbal or 

written request: 

(a) The daily quantity of all gasoline loaded into gasoline tank trucks. 
3745-21-09 43 

(b) The results of any leak checks, including, at a mtmmum, the following 

information: 

(i) Date of inspection. 

(ii) Findings (may indicate no leaks discovered or location, nature, and 

severity of each leak). 

(iii) Leak detennination method. 

(iv) Corrective action (date each leak repaired and reasons for any repair 

interval in excess of fifteen calendar days). 

(v) Inspector's name and signature. 

(7) Reporting requirements. 

(a) For any bulk gasoline plant that is exempted pursuant to paragraph (P)(5)(a) 

of this rule and has an average daily throughput equal to or greater than four 

thousand gallons per day, the owner or operator shall so notify the director 

within thirty days of becoming aware of the occurrence. 

(b) Any leaks in vapor or liquid lines that are not repaired within fifteen days 

after identification shall be reported to the director within thirty days after 

the repair is completed. 

(Q) Bulk gasoline terminal. 

(I) Except where exempted under paragraph (Q)(4) of this rule, no owner or operator 

of a hulk gasoline terminal may cause, allow or permit the transfer of gasoline at 

a bulk gasoline terminal after the date specified in paragraph (C)(l8) of rule 

3745-21-04 of the Administrative Code unless the following requirements are 

met: 

(a) The loading rack is equipped with a vapor collection system whereby during 

the transfer of gasoline to any delivery vessel: 

(i) All vapors displaced from the delivery vessel during loading are vented 

only to the vapor collection system: and 

(ii) The pressure in the vapor collection system is maintained between 

minus six and plus eighteen inches of water gauge pressure: 

(b) The loading rack is equipped with a vapor control system whereby: 
3745-21-09 44 

(i) All vapors collected by the vapor collection system are vented to the 

vapor control system; 

(ii) The mass emissions of VOC from the vapor control system do not 

exceed 0.67 pound of VOC per thousand gallons (eighty milligrams of 

VOC per liter) of gasoline loaded into the delivery vessel; and 

(iii) Any liquid gasoline returned to a stationary storage tank from the vapor 

control system is free of entrained air to the extent possible with good 

engineering design; 

(c) A means is provided to prevent drainage of gasoline from the loading device 

when it is not in use or to accomplish complete drainage before the loading 

device is disconnected; and 

(d) All gasoline loading lines and vapor lines are equipped with fittings which 

are vapor tight. 

(2) No owner or operator of a bulk gasoline terminal may permit gasoline to be 

spilled, discarded in sewers, stored in open containers or handled in any other 

manner that would result in evaporation. 

(3) Any owner or operator of a bulk gasoline tenninal shall repair within fifteen days 

any leak from the vapor collection system and vapor control system which are 

employed to meet the requirements of paragraph (Q)(l) of this rule when such 

leak is equal to or greater than one hundred per cent of the lower explosive limit 

as propane, as determined under paragraph (K) of rule 3745-21-10 of the 

Administrative Code. 

(4) Paragraph (Q)(l) of this rule shall not apply to a bulk gasoline terminal which has 

a maximum daily throughput equal to or less than twenty thousand gallons of 

gasoline, provided either: 

(a) The gasoline is supplied to the loading rack only from stationary storage 

tanks, each of which is equipped with an internal floating roof or external 

floating roof; or 

(b) The loading rack is equipped with a vapor balance system that meets the 

requirements of paragraphs (P)(l)(d)(i), (P)(2) and (P)(4) of this rule. 

(R) Gasoline dispensing facilities (stage I vapor control systems). 

(I) No owner or operator of a gasoline dispensing facility may cause, allow or permit 

the transfer of gasoline at a gasoline dispensing facility after the date specified 

in paragraph (C)(19) of rule 3745-21-04 of the Administrative Code unless the 
3745-21-09 45 

following requirements are met, except where exempted under paragraph (R)(4) 

of this rule: 

(a) Any stationary storage tank which stores gasoline at the gasoline dispensing 

facility is equipped with a submerged fill pipe; and 

(b) For any transfer of gasoline from a delivery vessel to a stationary storage 

tank located at the gasoline dispensing facility, the vapors displaced from 

the stationary storage tank are processed by one of the following systems: 

(i) A vapor balance system which is designed and operated to route at least 

ninety per cent by weight of the VOC in the displaced vapors to the 

delivery vessel and which is equipped with a means to prevent the 

discharge of displaced vapors from an unconnected vapor line; or 

(ii) A vapor control system which is designed and operated to recover at 

least ninety per cent by weight of the VOC in the displaced vapors. 

(2) When a vapor balance system is employed to meet the requirements of paragraph 

(R)(l)(b) of this rule, the following operating practices shall be followed: 

(a) The vapor balance system shall be kept in good working order and shall be 

used at all times during the transfer of gasoline; 

(b) There shall be no leaks in the delivery vessel pressure/vacuum relief valves 

and hatch covers; and 

(c) There shall be no leaks in the vapor and liquid lines during the transfer of 

gasoline. 

(3) Any owner or operator of a gasoline dispensing facility shall repair within fifteen 

days any leak from the vapor balance system or vapor control system which is 

employed to meet the requirements of paragraph (R)(l) of this rule when such 

leak is equal to or greater than one hundred per cent of the lower explosive limit 

as propane, as determined under paragraph (K) of rule 3745-21-10 of the 

Administrative Code. 

(4) Paragraphs (R)(l) to (R)(3) of this rule shall not apply to the following: 

(a) Any gasoline dispensing facility which has an annual throughput of less than 

one hundred twenty thousand gallons of gasoline; or 

(b) Transfers made to a stationary storage tank which is equipped with an 

internal floating roof or external floating roof. 
3745-21-09 46 

( 5) Any owner or operator of a gasoline dispensing facility that is exempted from the 

requirements of paragraphs (R)(I) to (R)(3) of this rule pursuant to paragraph 

(R)(4)(a) of this rule shall maintain records of the quantity of gasoline delivered 

to the facility during each calendar month. The records shall be maintained at 

the facility for a period of three years. The owner or operator shall notifY the 

director if the annual gasoline throughput for any rolling twelve-month period is 

equal to or greater than one hundred twenty thousand gallons. The director shall 

be notified within f01iy-five days after the exceedance occurs. 

(S) "Alside, Inc." or any subsequent owner or operator of the "Alside, Inc." facility 

located at 3773 Akron-Cleveland road, North Hampton township, Summit county, 

Ohio shall not cause, allow or permit the discharge into the an1bient air of any VOCs 

after the date specified in paragraph (C)(20)(b) of rule 3745-21-04 of the 

Administrative Code in excess of the following: 

(I) 3.5 pounds ofVOC per gallon of coating, excluding water and exempt solvents, 

from a siding (spray) coating line. 

(2) 3.5 pounds ofVOC per gallon of coating, excluding water and exempt solvents, 

from a corner coating line. 

(T) Leaks from petroleum refinery equipment. 

(I) Except as otherwise provided in paragraphs (T)(I )(b) and (T)(I )(c) of this rule, 

each owner or operator of a petroleum refinery shall comply with the following 

monitoring, recordkeeping and reporting requirements no later than the date 

specified in paragraph (C)(27) of rule 3745-21-04 of the Administrative Code: 

(a) Except as otherwise indicated in paragraph (T)(l)(b) of this rule, a 

monitoring program shall be developed and implemented which 

incorporates the following provisions: 

(i) Yearly monitoring of all pump seals, pipeline valves in liquid service and 

process drains in accordance with the method specified in paragraph 

(F) of rule 3745-21-10 of the Administrative Code; 

(ii) Quarterly monitoring of all compressor seals, pipeline valves in gas 

service and pressme relief valves in gas service in accordance with the 

method specified in paragraph (F) of rule 3745-21-10 of the 

Administrative Code; 

(iii) Monthly monitoring of all pump seals by visual methods; 

(iv) Monitoring of any pump seal in accordance with the method specified 

in paragraph (F) of rule 3745-21-10 of the Administrative Code within 

five working days after any liquids are observed dripping from the seal; 
3745-21-09 47 

(v) Monitoring of any relief valve in accordance with the method specified 

in paragraph (F) of rule 3745-21-10 of the Administrative Code within 

five working days after the valve has vented to the atmosphere; and 

(vi) Monitoring of any component in accordance with the method specified 

in paragraph (F) of rule 3745-21-10 of the Administrative Code within 

five working days after the repair of a leak; 

(b) Pressure relief devices which are connected to an operating flare header, 

vapor recovery devices, valves which are located in pipelines containing 

kerosene or heavier liquids, storage tank valves and valves which are not 

externally regulated are exempt from the monitoring requirements contained 

in paragraph (T)(l)(a) of this rule; 

(c) For any pipeline or pressure relief valves in gas or liquid service, an 

alternative monit01ing schedule may be employed in lieu of the monitoring 

schedule specified in paragraph (T)(l)(a) of this rule as follows: 

(i) The valve is designated as difficult to monitor and is monitored each 

calendar year, provided the following conditions are met: 

(a) Construction of the process unit commenced prior to March 27, 

1981; 

(b) The owner or operator of the valve demonstrates that the valve 

cannot be monitored without elevating the monitoring personnel 

more than six feet above a support surface; and 

(c) The owner or operator of the valve has a written plan that requires 

monitoring of the valve at least once per year; 

(ii) The valve is designated as unsafe to monitor and is monitored as 

frequently as practical during safe to monitor times, provided the 

following conditions are met: 

(a) The owner or operator of the valve demonstrates that the valve is 

unsafe to monitor because monitoring personnel would be exposed 

to an inm1ediate danger as a consequence of monitoring on a 

quarterly or yearly basis as specified in paragraph (T)(l )(a) of this 

rule; and 

(b) The owner or operator of the valve adheres to a written plan that 

requires monit01ing of the valve as frequently as practical during 

process unit turnarounds and other safe to monitor times; 
3745-21-09 48 

(d) All pipeline valves in gas service and pressure relief valves in gas service 

shall be clearly marked and identified in such a manner that they will be 

obvious to both refinery personnel performing monitoring and to the 

director; 

(e) If a leak is identified as a result of the monitoring program required by 

paragraph (T)(l)(a) of this rule and the concentration ofVOC exceeds ten 

thousand parts per million by volume, a tag shall immediately be placed on 

the leaking component. The tag shall be readily visible and weatherproof; it 

shall bear an identification number; and it shall clearly indicate the date the 

leak was detected. The tag shall remain in place until the leaking component 

is repaired; 

(f) A monitoring log shall be maintained for all leaking components which are 

tagged in accordance with paragraph (T)(l)(e) of this rule. The monitoring 

log shall contain, at a minimum, the following data: 

(i) The name of the process unit where the leaking component is located; 

(ii) The type of leaking component (such as valve, seal, or other 

component); 

(iii) The tag number of the leaking component; 

(iv) The date on which the leaking component was detected; 

(v) The date on which the leaking component was repaired; 

(vi) The date and results of the monitoring performed within five working 

days after the leaking component was repaired; 

(vii) A record of the calibration of the monitoring instrument; 

(viii) A list of those leaking components which cannot be repaired until the 

next process unit turnaround; and 

(ix) The total number of components monitored and the total number of 

components found leaking during the calendar year; 

(g) A copy of any monitoring log shall be retained by the owner or operator for a 

minimum of two years after the date on which the record was made or the 

report was prepared; 

(h) A copy of any monitoring log shall immediately be made available to the 

director or an authorized representative of the director, upon verbal or 

written request, at any reasonable time; and 
3745-21-09 49 

(i) A report shall be submitted to the director by the fifteenth day of January, 

April, July and October that gives the total number of components 

monitored during the previous three calendar months, gives the total 

number of components found leaking during the previous three calendar 

months, identifies all components which were found leaking during the 

previous three calendar months but which were not repaired within fifteen 

days and identifies all leaking components which cannot be repaired until 

the next process unit turnaround. 

(2) Any owner or operator of a petroleum refinery shall repair and retest any leaking 

component, which is tagged and identified in accordance with paragraph 

(T)(l)(e) of this rule, as soon as possible but no later than fifteen days after the 

leak is found unless the leaking component cannot be repaired until a process 

unit turnaround occurs. 

(3) The director may require a process unit turnaround to occur earlier than the 

normally scheduled date if the number and severity of leaking components 

awaiting a turnamund warrant such action. Any such process nnit turnaround 

shall be required by means of an order issued by the director to the owner or 

operator of the petroleum refinery pursuant to division (R) of section 3704.03 of 

the Revised Code. 

( 4) The director may accept au alternative monitoring, recordkeeping aud reporting 

program for that required by paragraph (T)( 1) of this rule if the owner or 

operator of a petroleum refinery can demonstrate to the satisfaction of the 

director that the alternative program is at least as effective in identifying, 

documenting and reporting leaks from petroleum refinery equipment as the 

program outlined in paragraph (T)(l) of this rule. For purposes of this 

paragraph, auy proposed alternative monitoring, recordkeeping and reporting 

program that the director finds comparable to the requirements of paragraph 

(DD)(l2) or (DD)(l3) of this rnle or for any individual equipment component, 

finds equivalent to the federal requirements specified in 40 CFR Part 60, 

Subparts VV and GG or 40 CFR Part 63, Subparts H aud CC shall be acceptable 

to the director. 

Pursuant to this paragraph, the alternative monitoring, recordkeeping aud 

reporting program entitled "Premcor Lima Refinery, LDAR Piau" and dated 

November 19, 2002 is approved by the director as an acceptable alternative 

program for the "Premcor Lima Refinety" (premise numbe1· 0302020012). 

(U) Surface coating of miscellaneous metal patts aud products. 

For auy source located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, 

Portage, or Summit county subject to paragraph (U) of this mle, the requirement to 
3745-21-09 50 

comply with paragraph (U) of this rule shall terminate at such time the source 

becomes subject to and complies with rule 3745-21-26 of the Administrative Code. 

(I) Except where exempted under paragraph (U)(2) of this rule, or otherwise 

provided in paragraph (B)(6) of this rule, no owner or operator of a 

miscellaneous metal part or product coating line may cause, allow or permit the 

discharge into the ambient air of any VOCs from such coating line after the date 

specified in paragraph (C)(28) of rule 3745-21-04 of the Administrative Code in 

excess of the following: 

(a) 4.3 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 10.3 pounds of VOC per 

gallon of solids for a clear coating; 

(b) 4.0 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 8.8 pounds ofVOC per gallon 

of solids for a zinc rich primer coating; 

(c) 3.5 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 6. 7 pounds of VOC per gallon 

of solids for an extreme performance coating; 

(d) 3.5 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 6. 7 pounds of VOC per gallon 

of solids for any coating that is dried at temperatures not exceeding two 

hundred degrees Fahrenheit; 

(e) 4.3 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, I 0.3 pounds of VOC per 

gallon of solids for the interior coating of a steel pail or drum; 

(f) 3.5 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 6.7 pounds of VOC per gallon 

of solids for the exterior coating of a steel pail or drum; 

(g) 4.9 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, for a glass adhesion body primer coating used for the installation 

of any glass windows during the assembly of automobiles and trucks; 

(h) 6.2 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 39.2 pounds of VOC per 

gallon of solids for a high performance architectural aluminum coating; or 

(i) 3.0 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, or, if a control system is employed, 5.1 pounds ofVOC per gallon 
3745-21-09 51 

of solids for any coating that is not regulated under paragraphs (U)(l)(a) to 

(U)(l )(h) of this rule. 

If a miscellaneous metal parts of products coating is subject to two or more 

limits as listed in paragraphs (U)(l)(a) to (U)(l)(i) of this rule, the limit 

which is least restrictive shall apply. 

(2) The requirements of paragraph (U)(l) of this rule shall not apply to the 

following: 

(a) The application of an exterior coating to marine vessels; 

(b) The application of an exterior coating to airplanes; 

(c) The repainting (refinishing) of used motor vehicles and trailers; 

(d) The application of a customized topcoat and any related customized single 

coat to motor vehicles, if the maximum number of motor vehicles is less 

than thirty-five per day; 

(e) Any miscellaneous metal parts or products coating line which never uses 

more than: 

(i) For Clark, Greene, Miami, and Montgomery counties, eight gallons per 

day. 

(ii) For Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, 

Lorain, .Medina, Portage, Summit, and Wanen counties, three gallons 

per day. 

(iii) For all other counties, ten gallons per day. 

Daily usage limitations included in paragraphs (U)(2)(e)(i) to 

(U)(2)(e)(iii) of this rule shall not apply to coatings employed by the 

metal parts or products coating line on parts or products which are not 

metaL 

(f) Any coating line that is a new source, as defined by rule 3745-31-01 of the 

Administrative Code and meets the following requirements: 

(i) The construction or modification of the coating line commenced on or 

after March 27, 1981; 

(ii) The director has determined that the otherwise applicable em1ss1on 

limitation(s) in paragraph (U)(l) of this rule is technically or 

economically infeasible and has established an alternative reasonably 
3745-21-09 52 

available control technology em1sswn limitation. The alternative 

limitation shall be the lowest emission limitation that the coating line is 

capable of meeting by the application of control technology that is 

reasonably available considering technological and economic 

feasibility. The alternative limitation shall be an emissions rate (e.g., 

pounds VOC per gallon) or overall per cent reduction but shall not be 

in terms of mass per time (e.g., pounds per hour). 

(iii) A final installation permit has been issued for the coating line pursuant 

to Chapter 3745-31 of the Administrative Code. The installation permit 

shall contain terms and conditions that specify the control requirement 

or emission limitation that is the basis for the director's alternative 

limitation determination for the coating line, as described in paragraph 

(U)(2)(f)(ii) of this rule. 

(iv) USEPA has approved the alternative limitation as a revision to the Ohio 

state implementation plan. 

(g) The application of a coating which is subject to paragraph (C), (D), (E), (I), 

(J), (K), (S), (FF) or (00) of this rule; 

(h) Any facility which always emits less than fifteen pounds of VOC per day 

(before add-on controls) from all miscellaneous metal parts or products 

coating lines within the facility (pounds ofVOC attributed to metal parts or 

products coating lines in which non-metal pmts or products were being 

coated shall not count towards this daily limit); 

(i) The application of a coating to motorcycles at the nHonda of America Mfg., 

Inc." motorcycle assembly plant located at 24000 U.S. route 33, Marysville, 

Ohio; 

U) The application of a coating to bicycles in any coating line for which 

construction commenced prior to March 27, 1981 at the nHuffy 

Corporation" bicycle assembly plant located at 410 Grand Lake road, 

Celina, Ohio, unless a modification for any such coating line has 

commenced on or after March 27, 1981; 

(k) The application of a coating subject to rule 3745-21-19 of the Administrative 

Code (pertaining to aerospace manufacturing and rework facilities); and 

(I) The application of a coating subject to rule 3745-21-20 ofthe Administrative 

Code (pertaining to shipbuilding and ship repair operations). 

(3) At automobile and light-duty truck assembly plants, the requirements of 

paragraph (U)(l) of this rule also shall apply to the application of underbody 
3745-21-09 53 

anti chip materials (e.g., underbody plastisol) and to metal surface coating 

operations other than prime, prime surfacer, topcoat, and final repair operations. 

(V) Gasoline tank trucks. 

(1) Except where exempted under paragraph (V)(3) of this rule, each owner or 

operator of a gasoline tank truck shall comply with the following requirements 

by the date specified in paragraph (C)(29) of rule 3745-21-04 of the 

Administrative Code: 

(a) No gasoline tank truck is to be used for the transfer of gasoline, unless within 

the previous twelve months it was tested for leaks in accordance with the 

applicable method specified in paragraph (G) of rule 3745-21-10 of the 

Administrative Code. 

(b) Any gasoline tank truck which, when last tested for leaks, failed to meet all 

requirements of the applicable method specified in paragraph (G) of rule 

3745-21-!0 of the Administrative Code is not to be used for the transfer of 

gasoline. 

(c) A record is to be maintained of all gasoline tank trucks which are tested in 

accordance with paragraph (G) of rule 3745-21-10 of the Administrative 

Code, and such record is to contain, at a minimum, the following data: 

(i) The tank identification number (manufacturer's serial number and/or 

owner's identification number); 

(ii) The calendar year during which the tank was manufactured; 

(iii) The date and location of the test; 

(iv) The nan1e, title and telephone number of the person who conducted the 

test, and the name and address of the company where the person is 

employed; 

(v) The following information from the test: 

(a) The tank pressure for the start of the pressure test; 

(b) The tank pressure for the end of the pressure test; 

(c) The tank pressure for the start of the vacuum test; 

(d) The tank pressure for the end of the vacuum test; and 
3745-21-09 54 

(e) The resultant pressure changes for the pressure test and the vacuum 

test; and 

(vi) A list of all repairs which were made to the gasoline tank truck to 

enable it to pass all applicable requirements of the test. 

(d) A copy of the test record required in paragraph (V)(l )(c) of this rule is to be 

retained by the owner or operator of the tank truck for a minimum of two 

years after the date on which the test was conducted. 

(e) A copy of the test record required in paragraph (V)(l)(c) of this rule is to 

immediately be made available to the director, or an authorized 

representative of the director, upon verbal or written request, at any 

reasonable time. 

(f) No gasoline tank truck is to be used for the transfer of gasoline, unless the 

requirements of paragraphs (V)(l)(a) and (V)(l)(b) of this rule can be 

readily verified by means of the following: 

(i) A copy of the test record required in paragraph (V)(l )(c) of this rule is 

kept in the gasoline tank truck; or 

(ii) A sticker, which contains the tank identification number, the calendar 

year during which the tank was manufactured, the date the tank last 

passed the requirements of the applicable test method specified in 

paragraph (G) of rule 3745-21-10 of the Administrative Code and the 

name and location of the testing company or department, IS 

prominently displayed on the right side of the front of the tank. 

(g) Any gasoline tank truck which has a leak which is equal to or greater than 

one hundred per cent of the lower explosive limit as propane, as determined 

under paragraph (K) of rule 3745-21-10 of the Administrative Code, is not 

to be used for the transfer of gasoline after fifteen days from the detection of 

such leak unless the leak is repaired. 

(h) Whenever any gasoline tank truck is removed from service for routine 

maintenance and repairs, the gasoline tank truck shall also be 

inspected/repaired in accordance with the following procedures: 

(i) Inspect all dome cover gaskets to ensure they will properly seal against 

vapor releases. Any dome cover gasket must be replaced if its integrity 

is in doubt. 

(ii) Open and close all dome covers to ensure that the latch tension is such 

that the cover will be held securely closed to prevent vapor releases. 
3745-21-09 55 

Any dome covers with inadequate latch tension must be repaired or 

replaced. 

(iii) Inspect the fusible plugs in each dome cover assembly to ensure proper 

tightness. Any fusible plugs which are found to be loose or defective 

must be tightened and/or replaced. 

(iv) Inspect each vapor vent hood and sealing band for defects. If any 

defects are found, the defective vapor vent hood and/or sealing band 

shall be replaced with new components. 

(v) Inspect all vapor return hoses and any associated fittings and adaptors 

for defects .that could allow vapor releases. If defects are found, the 

defective equipment shall be repaired or replaced. 

(vi) Inspect any pressure and vacuum relief vents located on the vapor 

recovery line to ensure that they are clean and in proper working order. 

If a relief vent is found to be defective, it shall be repaired or replaced. 

(i) No gasoline tank truck is to be used for the transfer of gasoline at a bulk 

gasoline terminal, bulk gasoline plant or gasoline dispensing facility that 

employs a vapor balance system or vapor control system unless the transfer 

is done in a manner that ensures the proper operation of the vapor balance 

system or vapor control system. 

(2) The director may require any gasoline tank truck to be tested in accordance with 

the applicable method specified in paragraph (G) of rule 3745-21-10 of the 

Administrative Code within a reasonable period of time. Any such test shall be 

required by means of an order issued by the director to the owner or operator of 

the gasoline tank truck pursuant to division (R) of section 3704.03 of the 

Revised Code. 

(3) Exempted from the requirements of paragraphs (V)(1) and (V)(2) of this rule is 

any gasoline tank truck which has a capacity of less than five thousand gallons, 

unless it either: 

(a) Receives gasoline from any loading rack which is equipped with a vapor 

balance system or vapor control system; or 

(b) Delivers gasoline to any stationary storage tank which is equipped with a 

vapor balance system. 

(W) Synthesized pharmaceutical rnanufactming facility. 

(I) Except where exempted under paragraph (W)(2) of this rule, each owner or 

operator of a synthesized pharmaceutical manufacturing facili.ty shall comply 
3745-21-09 56 

with the following requirements no later than the date specified in paragraph 

(C)(30) of rule 3745-21-04 of the Administrative Code: 

(a) Except for any VOC emissions which are collected by a production 

equipment exhaust system, the discharge of VOC emissions into the 

ambient air from any reactor, distillation operation, crystallizer, centrifuge 

or vacuum dryer is to be controlled by one of the following devices: 

(i) A surface condenser which has an outlet gas concentration of VOC not 

exceeding fifty thousand parts per million by volume; or 

(ii) A device or system which is, in the judgment of the director, at least as 

effective in controlling VOC emissions as the above-mentioned surface 

condenser; 

(b) The discharge of VOC emissions into the ambient air from any air d1yer or 

production equipment exhaust system is not to exceed thirty-three pounds in 

any one day, unless said discharge has been reduced by at least ninety per 

cent on a weight basis by control equipment; 

(c) Except as otherwise provided in paragraph (L) of this rule, any storage tank 

which holds a VOC that has a vapor pressure greater than 1.5 pounds per 

square inch absolute at sixty-eight degrees Falrrenheit is to be equipped with 

one of following devices: 

(i) A conservation vent which opens at a pressme of 0.5 ounce per square 

inch or higher and at a vacuum of 0.5 ounce per square inch or higher; 

or 

(ii) A device or system which is, in the judgment of the director, at least as 

effective in controlling VOC emissions as the above-mentioned 

conservation vent; 

(d) During any transfer of a VOC, which has a vapor pressure greater than 4.1 

pounds per square inch absolute at sixty-eight degrees Falrrenheit, from a 

truck or railcar to a fixed roof tank which has a capacity greater than two 

thousand gallons, the vapors displaced from said tank are to be processed by 

one of the following systems: 

(i) A vapor balance system which is designed and operated to route at least 

ninety per cent by weight of the VOC in the displaced vapors to the 

truck or railcar; or 

(ii) A vapor control system which is designed and operated to recover at 

least ninety per cent by weight of the VOC in the displaced vapors; 
3745-21-09 57 

(e) Any centrifuge containing a VOC, any rotary vacuum filter processing a 

VOC and any other filter having an exposed liquid VOC surface, are to be 

enclosed if the VOC has a vapor pressure greater than 0.5 pound per square 

inch absolute at sixty-eight degrees Fahrenheit; 

(f) Any in-process tank which contains a VOC is to be equipped with a cover 

which remains closed, except when production, sampling, maintenance or 

inspection procedures require access to said tank; and 

(g) Any leak in which a VOC is observed to be running or dripping from a 

vessel or other equipment is to be repaired as soon as possible, but no later 

than the first time said equipment is off line for a period of time long 

enough to complete the repair. 

(2) Exempted from the requirements of paragraph (W)(l) of this rule is any operation 

or equipment not associated with the production of drugs. 

(X) Rubber tire manufacturing facility. 

(1) Except where exempted nnder paragraph (X)(2) of this rule, each owner or 

operator of a rubber tire manufacturing facility shall comply with the following 

requirements no later than the date specified in paragraph (C)(31) of rule 3745-

21-04 of the Administrative Code: 

(a) Each undertread cementing, tread end cementing and bead dipping operation 

is to be equipped with a capture system and associated control system 

which are designed and operated with the following efficiencies for VOCs, 

as detetmined under paragraph (C) of rule 3745-21-10 of the Administrative 

Code: 

(i) A capture efficiency which is at least eighty-five per cent by weight; and 

(ii) A control efficiency which is at least ninety per cent by weight. 

(b) Except as otherwise provided in paragraph (X)(!)( c) of this rule, each green 

tire spraying operation is to be equipped with a capture system and 

associated control system which are designed and operated with the 

following efficiencies for VOCs, as determined under paragraph (C) of rule 

3745-21-10 of the Administrative Code: 

(i) A capture efficiency which is at least ninety per cent by weight; and 

(ii) A control efficiency which is at least ninety per cent by weight. 

(c) The requirements of paragraph (X)(! )(b) of this rule do not apply to any 

green tire spraying operation in which the VOC content of the material 
3745-21-09 58 

sprayed, as determined in accordance with paragraph (B) of rule 3745-21-

10 of the Administrative Code, is a maximwn daily weighted average of six 

per cent or less by weight for material sprayed on the inside of a tire and 

eleven per cent or less by weight for material sprayed on the outside of a 

tire. 

(2) Exempted from the requirements of paragraph (X)( I) of this rule are the 

following operations: 

(a) Any operation not associated with rubber tires of the following size: 

(i) A bead diameter less than or equal to 20.0 inches; and 

(ii) A cross-sectional dimension less than or equal to 12.8 inches. 

(b) Any operation for which construction commenced prior to March 27, 1981 at 

the "Cooper Tire and Rubber Company" facility located at Lima and 

Western avenues, Findlay, Ohio, unless a modification for any such 

operation has commenced on or after March 27, 1981. 

(c) Any operation that produces specialty tires for antique or other vehicles 

when produced on an irregular basis or with short production runs. (This 

exemption applies only to tires produced on equipment separate from 

normal production lines for passenger-type tires.) 

(d) Any operation subject to the federal "Standards of Perfonnance for New 

Stationary Sources, 40 CFR Part 60, Subpart BBB." 

(Y) Flexographic, packaging rotogravure and publication rotogravure printing lines. 

(1) Except where exempted under paragraph (Y)(2) of this rule, no owner or operator 

of a flexographic printing line, packaging rotogravure printing line or 

publication rotogravure ptinting line may cause, allow or permit the discharge 

into the ambient air of any VOCs fi·om such printing line after the date specified 

in paragraph (C)(32) of rule 3745-21-04 of the Administrative Code unless the 

requirements of either paragraph (Y)(l )(a) or (Y)(l )(b) of this rule are satisfied. 

(a) The VOC content of the coatings and inks employed in said printing line, as 

determined under paragraph (B) of rule 3745-21-10 of the Administrative 

Code, does not exceed the following limitation: 

(i) Forty per cent VOC by volume of the coating and ink, excluding water 

and exempt solvents; or 

(ii) Twenty-five per cent VOC by volume of the volatile matter in the 

coating and ink. 
3745-21-09 59 

(b) Said printing line is equipped with a capture system and associated control 

system which are designed and operated to achieve the following 

efficiencies for volatile organic compounds, as determined under paragraph 

(C) of rule 3745-21-10 of the Administrative Code: 

(i) A capture efficiency which is: 

(a) At least sixty-five per cent by weight, for a flexographic printing 

line; 

(b) At least seventy per cent by weight, for a packaging rotogravure 

printing line; or 

(c) At least eighty per cent by weight, for a publication rotogravure 

printing line. 

(ii) A control efficiency which is at least ninety per cent by weight. 

(2) The requirements of paragraph (Y)(l) of this rule shall not apply to the following 

printing lines: 

(a) Any printing line that is subject to and in compliance with the emission 

limitations in paragraph (H) of this rule, which pertains to vinyl coating; 

(b) Any printing line which is located at a facility in which the total maximum 

usage of coatings and inks in all flexographic, packaging rotogravure and 

publication rotogravure printing lines is less than or equal to one hundred 

fotty-eight tons per year; except as otherwise provided under paragraph 

(Y)(3) of this rule; 

(c) Any printing line which is used solely to check the quality of the image 

formation of newly engraved or etched cylinders; and, 

(d) Any printing line which is located at a facility in which the total maximum 

usage of VOC in all coatings and inks employed in all flexographic, 

packaging rotogravure and publication rotogravure printing lines within the 

facility is less than or equal to one hundred tons per year, except as 

otherwise provided under paragraph (Y)(3) of this rule. 

(3) Once the requirements of paragraph (Y)(l) of this rule apply to a facility or a 

flexographic, packaging rotogravure and publication rotogravure printing line 

within the facility, the facility is not eligible for an exemption under paragraphs 

(Y)(2)(b) and (Y)(2)(d) of this rule. 
3745-21-09 60 

( 4) In addition to the requirements specified in paragraph (Y)(l) of this rule the 

following requirements are applicable to all packaging rotogravure printing lines 

and flexographic packaging printing lines located in Ashtabula, Cuyahoga, 

Geauga, Lake, Lorain, Medina, Portage and Summit counties. 

(a) Any owner or operator of a packaging rotogravure pnntmg line or 

flexographic packaging printing line with potential emissions that are equal 

to or greater than 25.0 tons per year of VOC before the application of 

capture and control devices shall comply with either of the following 

requirements for the printing line: 

(i) Employ a control system in order to reduce VOC emissions from the 

packaging rotogravure printing line that meets one of the following 

requirements: 

(a) Sixty-five per cent overall control for a press that was first installed 

prior to March 14, 1995 and that is controlled by an add-on air 

pollution control device whose first installation date was prior to 

April 2, 2009. 

(b) Seventy per cent overall control for a press that was first installed 

prior to March 14, 1995 and that is controlled by an add-on air 

pollution control device whose first installation date was on or 

after April2, 2009. 

(c) Seventy-five per cent overall control for a press that was first 

installed on or after March 14, 1995 and that is controlled by an 

add-on air pollution control device whose first installation date was 

prior to April 2, 2009. 

(d) Eighty per cent overall control for a press that was first installed on 

or after March 14, 1995 and that is controlled by an add-on air 

pollution control device whose first installation date was on or 

after April2, 2009. 

(ii) Employ coatings in the packaging rotogravure pnntmg line or 

flexographic packaging printing line that comply with the following 

VOC content limitations: 

(a) 0.8 pound ofVOC per pound of solids applied; or 

(b) 0.16 pound ofVOC per pound of coating or ink applied. 

The VOC content limits specified above can be met by averaging the 

VOC content of materials used on a single press, within a single 

printing line. 
3745-21-09 61 

(b) Work practice standards for cleaning materials. 

Any person or facility subject to this rule that uses VOC-containing cleanup materials shall ensure that VOC emissions are minimized by 

incorporating the following procedures: 

(i) Keep cleaning materials and used shop towels in closed containers; and 

(ii) Convey cleaning materials from one location to another in closed 

containers or pipes. 

(Z) Storage of petroleum liquids in external floating roof tanks. 

(1) Except where exempted under paragraph (Z)(3) of this rule, no owner or operator 

of an external floating roof tank shall place, store, or hold any petroleum liquid 

in any such tank after the date specified in paragraph (C)(33) of rule 3745-21-04 

of the Administrative Code, unless the tank is designed or equipped as follows: 

(a) The tank is equipped with one of the following: 

(i) A liquid-mounted primary seal and a rim-mounted secondary seal; 

(ii) A mechanical shoe primary seal and a rim-mounted secondary seal; 

(iii) A mechanical shoe primary seal and a shoe-mounted secondary seal, 

provided the shoe-mounted secondary seal was installed prior to 

January 1, 1981; 

(iv) A vapor-mounted primary seal and a rim-mounted secondary seal; 

(v) A flexible wiper primary seal and a rim-mounted secondary seal; 

(vi) A liquid-mounted primary seal or a mechanical shoe primary seal, 

provided the petroleum liquid is crude oil with a pour point of fifty 

degrees Fahrenheit or higher as determined by ASTM D97-05a; or 

(vii) A seal, closure or device which is, in the judgment of the director, 

equivalent to the following seals in controlling the emission of VOC 

into the ambient air: 

(a) The dual seals specified in paragraph (Z)(l)(a)(i) or (Z)(l)(a)(ii) of 

this rule; or 
3745-21-09 62 

(b) Either of the seals specified in paragraph (Z)(l )(a)(vi) of this rule, 

provided the petroleum liquid is crude oil with a pour point of fifty 

degrees Fahrenheit or higher as determined by ASTM D97 -05a. 

(b) Each seal meets the following requirements: 

(i) There are no visible holes, tears, or other openings in the seal or seal 

fabric; 

(ii) If the tank is of welded construction, the total seal gap area, as 

determined under paragraph (I) of rule 3745-21-10 of the 

Administrative Code, does not exceed: 

(a) I 0.0 square inches per foot of tank diameter for a liquid-mounted 

primary seal or mechanical shoe primary seal; 

(b) 10.0 square inches per foot of tank diameter for a vapor-mounted 

primary seal or flexible wiper primary seal, if said seal was 

installed prior to January 1, 1981; 

(c) !.0 square inch per foot of tank diameter for a vapor-mounted 

primary seal or flexible wiper primary seal, if said seal was 

installed on or after January 1, 1981; 

(d) 1.0 square inch per foot of tank diameter for a rim-mounted 

secondary seal or shoe-mounted secondary seal; or 

(e) The amount which is assigned by the director for any seal which is 

equivalent under paragraph (Z)(l)(a)(vii) of this rule; 

(iii) If the tank is of riveted construction, the maximum seal gap width, as 

detennined under paragraph (I) of rule 3745-21-10 of the 

Administrative Code, does not exceed: 

(a) 2.5 inches for a mechanical shoe primary seal; 

(b) 1.5 inches for a liquid-mounted primary seal, vapor-mounted 

primary seal, flexible wiper primary seal, shoe-mounted secondary 

seal or rim-mounted secondary seal; or 

(c) The amount which is assigned by the director for any seal which is 

equivalent under paragraph (Z)(l )(a)( vii) of this rule; 

(c) Any opening in the external floating roof, except automatic bleeder vents, 

rim space vents, leg sleeves, stub drains and slotted gauging/sampling wells, 

is equipped with: 
3745-21-09 63 

(i) A cover, seal or lid which remains in the closed position at all times 

without any visible gaps, except when the opening is in actual use; and 

(ii) A projection into the tank below the liquid surface; 

(d) Any automatic bleeder vent remains in the closed position, except when the 

external floating roof is floated off or landed on the roof leg supports; 

(e) Any rim vent is set to open only at the manufacturer's reconunended setting, 

except when the external floating roof is being floated off the roof leg 

supports; 

(f) Any emergency roof drain is equipped with a slotted membrane fabric cover 

or other device which covers at least ninety per cent of the area of the 

opening; 

(g) Any stub drain is equipped with a projection into the tank below the liquid 

surface; and 

(h) Any slotted gauging/sampling well is equipped with an object which floats 

on the liquid surface within the well and which covers at least ninety per 

cent of the area of the well opening. 

(2) Except where exempted under paragraph (Z)(3) of this rule, each owner or 

operator of an external floating roof tank which contains a petroleum liquid shall 

meet the following inspection, recordkeeping and reporting requirements: 

(a) Inspect annually and seal and seal fabric for compliance with paragraph 

(Z)(I )(b )(i) of this rule; 

(b) Measure annually, .in accordance with the method specified in paragraph (!) 

of rule 3745-21-10 of the Administrative Code, the secondary seal gap or 

the primary seal gap, if there is no secondary seal, for compliance with the 

seal gap requirements of paragraph (Z)(!)(b)(ii) or (Z)(I)(b)(iii) of this rule; 

(c) Measure at least once every five years, in accordance with the method 

specified in paragraph(!) of rule 3745-21-10 of the Administrative Code, 

the primary seal gap, if there is a secondary seal, for compliance with the 

seal gap requirements of paragraph (Z)(1)(b)(ii) or (Z)(I)(b)(iii) of this rule; 

(d) Maintain for at least two years a record of the following: 

(i) The dates and results of any inspections or measurements perfonned in 

accordance with paragraphs (Z)(2)(a) to (Z)(2)(c) of this rule; and 
3745-21-09 64 

(ii) The annual throughput of any petroleum liquid stored in the tank; and 

(e) Provide immediately to the director or an authorized representative of the 

director, upon written or verbal request at any reasonable time, a copy of the 

record required under paragraph (Z)(2)( d) of this rule. 

(3) The following external floating roof tanks shall be exempted from the 

requirements of paragraphs (Z)(l) and (Z)(2) of this rule: 

(a) Any tank which has a capacity of less than forty thousand gallons; 

(b) Any tank which has a capacity of less than four hundred twenty thousand 

gallons and which is used to store produced crude oil or condensate prior to 

custody transfer; and 

(c) Any tank which contains a petroleum liquid which, as stored, has a 

maximum true vapor pressure less than 1.5 pounds per square inch absolute. 

( 4) Any owner or operator of an external floating roof tank that is not exempted 

pursuant to paragraph (Z)(3)(a) or (Z)(3)(b) of this mle shall maintain records of 

the following information in a readily accessible location for at least five years 

and shall make copies of the records available to the director upon verbal or 

written request: 

(a) The types of petroleum liquids stored in the tank 

(b) The maximum true vapor pressure (pounds per square inch absolute), as 

stored, of each liquid that has a maximum true vapor pressure greater than 

1.0 pound per square inch absolute. 

( 5) If an owner or operator places, stores, or holds in an external floating roof tank, 

that is not exempted pursuant to paragraph (Z)(3)(a) or (Z)(3)(b) of this rule, any 

petroleum liquid with a true vapor pressure which is greater than 1.5 pounds per 

square inch absolute and such tank does not comply with the requirements of 

paragraph (Z)(l) of this mle, the owner or operator shall so notify the director 

within thirty days of becoming aware of the occurrence. 

(AA) Perchloroethylene dry cleaning facility. 

(1) Except where exempted under paragraph (AA)(2) of this rule, no owner or 

operator of a perchloroethylene dry cleaning facility may cause, allow or permit 

the cleaning of articles in perchloroethylene on or after June 14, 1991 unless the 

following requirements are met: 

(a) Any dryer which contains articles cleaned in perchloroethylene is to be 

equipped and operated in accordance with one of the following: 
3745-21-09 65 

(i) Any exhaust from the dryer is vented through a carbon adsorber which 

emits no more than one hundred parts per million by volume of 

perchloroethylene at any time; or 

(ii) The dryer is equipped with or vented to a refrigerated vapor condenser 

whereby there is no exhaust of perchloroethylene vapors to the ambient 

air throughout the drying cycle, except for when the dryer's door is 

momentarily opened during loading or unloading. 

(b) The waste from any diatomaceous earth filter which has been used to filter 

perchloroethylene is to contain no more than twenty-five per cent by weight 

perchloroethylene, as determined under paragraph (J) of rule 3745-21-10 of 

the Administrative Code. 

(c) The waste from any distillation operation (solvent still) which has been used 

to distill perchloroethylene is to contain no more than sixty per cent by 

weight perchloroethylene, as determined under paragraph (J) of rule 3745-

21-1 0 of the Administrative Code. 

(d) Any disposable filter cartridge which has been used to filter 

perchloroethylene is to be drained in the filter housing for at least twentyfour hours before being discarded. 

(e) All equipment must be maintained so as to prevent the leaking of 

perchloroethylene liquid and prevent perceptible vapor leaks from gaskets, 

seals, ducts, and related equipment. Any equipment which is leaking 

perchloroethylene liquid or has a perceptible vapor leak is not to be 

operated until the leak is repaired. 

(2) Exemptions. 

(a) Paragraphs (AA)(l)(a) to (AA)(l)(e) of this rule shall not apply to any dry 

cleaning operation which is coin-operated. 

(b) Paragraph (AA)(l)(a) of this rule shall not apply to any facility in which the 

owner or operator has satisfactorily demonstrated that a carbon adsorber or 

refrigerated condenser cannot be installed because of inadequate space. 

(c) Paragraph (AA)(l)(a) of this rule shall not apply to any facility in which the 

annual amount of fabric dry cleaned with perchloroethylene is less than 

sixty thousand pounds. 

(3) Compliance with paragraph (AA)(l)(e) of this rule shall be determined by means 

of visual inspection of the following components: 
3745-21-09 66 

(a) Hose connections, nnions, couplings, and valves; 

(b) Machine door gaskets and seatings; 

(c) Filter head gasket and seating; 

(d) Pumps; 

(e) Base tanks and storage containers; 

(f) Water separators; 

(g) Filter sludge recovery; 

(h) Distillation nnit; 

(i) Diverter valves; 

(j) Saturated lint from lint basket; and 

(k) Cartridge filters. 

( 4) Each owner or operator of a perchloroethylene dry cleaning facility shall 

maintain the following records in a readily accessible location for at least three 

years and shall make these records available to the director or an authorized 

representative of the director at any reasonable time: 

(a) A record of control equipment maintenance, such as replacement of the 

carbon in a carbon adsorption nnit; 

(b) A record of the results of visual leak inspections conducted in accordance 

with paragraph (AA)(3) of this mle; 

(c) The results of all tests conducted to determine compliance with the 

limitations contained in paragraphs (AA)(l)(a)(i), (AA)(l)(b), and 

(AA)(l)(c) of this mle; and 

(d) The annual usage of perchloroethylene, in gallons, and the annual amount of 

fabric dry cleaned with perchloroethylene, in pounds. 

(BB) Petroleum dry cleaning facility. 

(I) Except where exempted under paragraph (BB)(3) of this mle, no owner of 

operator of a petroleum dry cleaning facility may cause, allow or permit the 

cleaning of articles in petroleum solvent after the date specified in paragraph 
3745-21-09 67 

(C)(36) of rule 3745-21-04 of the Administrative Code unless the following 

requirements are met 

(a) Any dryer for articles cleaned in petroleum solvent shall comply with one of 

the following requirements: 

(i) The dryer is a solvent recovery dryer which is operated in a manner such 

that the dryer remains closed and the solvent recovery phase continues 

until a final recovered solvent flow rate of 1.7 ow1ces per minute (fifty 

milliliters per minute) or less is attained; or 

(ii) The emission of VOC into the ambient air from the dryer does not 

exceed 3.5 pounds of VOC per one hm1dred pounds dry weight of 

articles cleaned, as determined under paragraph (L) of rule 3745-21-10 

of the Administrative Code. 

(b) Any solvent filter for petroleum solvent shall comply with one of the 

following requirements: 

(i) The solvent filter is a cartridge filter which is drained for at least eight 

hours in its sealed housing before removal of any cartridge; or 

(ii) The filtration waste contains, before disposal and exposure to the 

ambient air, no more than 1.0 pound of VOC per one hundred pounds 

dry weight of articles cleaned, as determined under paragraph (M) of 

rule 3745-21-10 of the Administrative Code. 

(c) Any bucket or barrel which contains petroleum solvent or petroleum solventladen waste shall be covered to minimize solvent evaporation. 

(d) Any equipment associated with the use of petroleum solvent shall be visually 

inspected weekly to identify any liquid leaks of petroleum solvent. 

(e) Any liquid or vapor leak of petroleum solvent shall be repaired within fifteen 

days after identifying the source of the leak, unless a necessary repair part is 

not on hand. If a repair part is not on hand, it shall be ordered within three 

working days after identifying the source of the leak. The leak shall be 

repaired within fifteen days following the delivery of the necessary repair 

part. 

(2) Any owner or operator of a solvent recovery dryer subject to the requirements of 

paragraph (BB)(l)(a) of this rule shall perform a test, in accordance with 

paragraph (N) of rule 3745-21-10 of the Administrative Code, to demonstrate 

the minimum length of time for operating the recovery cycle of the dryer. 
3745-21-09 68 

(3) Exempted from the requirements of paragraphs (BB)(l)(a), (BB)(l)(b), and 

(BB)(2) of this rule is any petroleum dry cleaning facility in which: 

(a) The total manufacturer's rated capacity of all petroleum solvent dryers is less 

than or equal to eighty-three pounds of articles, dry basis; or 

(b) The total annual consumption of petroleum solvent is less than or equal to 

four thousand seven hundred gallons, 

( 4) Recordkeeping requirements, 

(a) Any owner or operator of a petroleum solvent dry cleaning facility that is 

exempted pursuant to paragraph (BB)(3)(b) of this rule shall maintain 

records of annual solvent consumption in a readily accessible location for at 

least five years and shall make these records available to the director upon 

verbal or written request. 

(b) Any owner or operator of a petroleum solvent dry cleaning facility shall 

maintain records of the following information in a readily accessible 

location for at least five years and shall make these records available to the 

director upon verbal or written request: 

(i) Documentation of the results of any tests perfonned to detennine 

compliance with the emission limitation specified in paragraph 

(BB)(l)(a)(ii) of this rule, 

(ii) Documentation of the results of any tests perfonned to detennine 

compliance with the limitation specified in paragraph (BB)(l )(b )(ii) of 

this rule. 

(iii) The results of any measurements to detennine compliance with the 

limitation specified in paragraph (BB)(l)(a)(i) of this rule. 

(iv) The results of any leak checks, including, at a minimum, the following 

infonnation. 

(a) Date of inspection. 

(b) Findings (may indicate no leaks discovered or location, nature, and 

severity of each leak). 

(c) Leak detennination method. 

(d) Corrective action (date each leak repaired and reasons for any repair 

interval in excess of fifteen calendar days). 
3745-21-09 69 

(e) Inspector's name and signature. 

(5) Reporting requirements. 

(a) Any test result that shows an exceedance of the limitation specified in 

paragraph (BB)(l)(a)(i), (BB)(I)(a)(ii), or (BB)(1)(b)(ii) of this mle shall be 

reported to the director within thirty days after the occurrence. 

(b) Any leaks in vapor or liquid lines that are not repaired within fifteen days 

after identification shall be reported to the director within thirty days after 

the repair is completed. 

(c) For any petroleum dry cleaning facility that is exempted pursuant to 

paragraph (BB)(3)(b) of this rule and has an annual consumption of 

petroleum solvent greater than four thousand seven hundred gallons, the 

owner or operator shall so notify the director within thirty days of becoming 

aware of the occurrence. 

(CC) No owner or operator of a continuous, polystyrene resin manufacturing process may 

cause, allow, or permit the discharge into the ambient air of any VOC from the 

material recovery section of the process after the date specified in paragraph (C)(37) 

ofmle 3745-21-04 of the Administrative Code in excess of0.12 pound ofVOC per 

one thousand pounds of polystyrene resin produced. 

(DD) Leaks from process units that produce organic chemicals. 

(I) Except where exempted under paragraph (DD)(17) of this mle, each owner or 

operator of a process unit that produces as an intennediate or final product one 

or more of the organic chemicals identified in appendix A to this rule shall 

comply with the requirements in paragraphs (DD)(2) to (DD)(6) of this mle no 

later than the date specified in paragraph (C)(38) of mle 3745-21-04 of the 

Administrative Code. 

(2) Leak detection and repair program. 

(a) A leak detection and repair program for equipment in the process unit shall 

be developed and implemented in accordance with the requirements 

specified in paragraphs (DD)(2)(b) to (DD)(2)(m) of this mle. 

(b) Except as otherwise provided in paragraphs (DD)(2)(c) and (DD)(2)(d) of 

this mle, equipment shall be monitored for leaks in accordance with the 

method specified in paragraph (F) ofmle 3745-21-10 of the Administrative 

Code, as follows: 

(i) Any pump in light liquid service shall be monitored monthly. 
3745-21-09 70 

(ii) Any valve in gas/vapor service or in light liquid service shall be 

monitored monthly, except that quarterly monitoring may be employed 

anytime after no leaks are detected during two consecutive months. The 

quarterly monitoring shall begin with the next calendar quarter 

following the two consecutive months of no detected leaks and shall be 

conducted in the first month of each calendar quarter. The quarterly 

monitoring may continue until a leak is detected, at which time 

monthly monitoring shall be employed again. 

(iii) Any of the following equipment shall be monitored within five calendar 

days after evidence of a leak or potential leak from the equipment by 

visual, audible, olfactory, or other detection method: 

(a) Any pump in heavy liquid service; 

(b) Any valve in heavy liquid service; 

(c) Any pressure relief device in light liquid service or in heavy liquid 

service; and 

(d) Any flange or other connector. 

(iv) Any equipment in which a leak is detected as described in paragraph 

(DD)(2)(g) of this rule shall be monitored within five working days 

after each attempt to repair, unless the owner or operator believes that 

the equipment was not successfully repaired. 

(c) For any valve in gas/vapor service or in light liquid service, an alternative 

monitoring schedule may be employed in lieu of the monitoring schedule 

specified in paragraph (DD)(2)(b)(ii) of this rule as follows: 

(i) The valve is designated as difficult to monitor and is monitored each 

calendar year, provided the following conditions are met: 

(a) Construction of the process unit commenced prior to May 9, 1986. 

(b) The owner or operator of the valve demonstrates that the valve 

cannot be monitored without elevating the monitoring personnel 

more than six feet above a support surface. 

(c) The owner or operator of the valve has a written plan that requires 

monitoring of the valve at least once per year. 

(ii) The valve is designated as unsafe to monitor and is monitored as 

frequently as practical during safe to monitor times, provided the 

following conditions are met: 
3745-21-09 71 

(a} The owner or operator of the valve demonstrates that the valve is 

unsafe to monitor because monitoring personnel would be exposed 

to an immediate danger as a consequence of monitoring on a 

monthly basis. 

(b) The owner or operator of the valve adheres to a written plan that 

requires monitoring of the valve as frequently as practical during 

safe to monitor times. 

(iii) The valve is subject to an alternative monitoring schedule based on a 

skip period as specified in paragraph (DD)(l2) of this rule. 

(d) Excluded from the monitoring requirements of paragraph (DD)(2)(b) of this 

rule are the following equipment: 

(i) Any pump that has no externally actuated shaft penetrating the pump 

housing and that is designated for no detectable e1nissions as provided 

in paragraph (DD)(7) of this rule; 

(ii) Any pump that is equipped with a dual mechanical seal which has a 

barrier fluid system and sensor that comply with the requirements 

specified in paragraph (DD)(8) of this rule; 

(iii) Any pump that is equipped with a closed vent system capable of 

capturing and transporting any leakage from the pump seal to control 

equipment, provided the closed vent system and the control equipment 

comply with the requirements specified in paragraphs (DD)(9) and 

(DD)(IO) of this rule; 

(iv) Any valve that has no externally actuated stem penetrating the valve 

and that is designated for no detectable emissions as provided in 

paragraph (DD)(7) of this rule; and 

(v) Any valve that is subject to the alternative monitoring standard for 

valves based on the percentage of valves leaking as provided in 

paragraph (DD)(13) of this rule. 

(e) Any pump in light liquid service shall be checked by visual inspection each 

calendar week for indications of liquids dripping from the pump seal, unless 

the pun1p is equipped with a closed vent system capable of transporting any 

leakage from the pump seal to control equipment, and the closed vent 

system and control equipment comply with the requirements specified in 

paragraphs (DD)(9) and (DD)(IO) of this rule. 
3745-21-09 72 

(f) Any sensor employed pursuant to paragraph (DD)(2)(d)(ii) or (DD)(3)(b) of 

this rule shall be checked daily, unless the sensor is equipped with an 

audible alarm. 

(g) A leak is detected: 

(i) When a concentration of ten thousand ppmv or greater is measured from 

a potential leak interface of any equipment that is monitored for leaks 

using the method in paragraph (F) of rule 3745-21-10 of the 

Administrative Code; 

(ii) When there is an indication of liquids dripping from the seal of a pump 

in light liquid service; or 

(iii) When a sensor employed pursuant to paragraph (DD)(2)( d)(ii) or 

(DD)(3)(b) of this rule indicates failure of the seal system, the barrier 

fluid system, or both. 

(h) When a leak is detected as described in paragraph (DD)(2)(g) of this rule, the 

following procedures shall be followed: 

(i) A weatherproof and readily visible identification tag, marked with the 

equipment identification number, is immediately attached to the leaking 

equipment. 

(ii) A record of the leak and any attempt to repair the leak is entered into the 

leak repair log kept pursuant to paragraph (DD)(2)(k) of this rule. 

(iii) The identification tag attached to the leaking equipment, other than a 

valve that is monitored pursuant to paragraph (DD)(2)(b )(ii) of this 

rule, may be removed after the leaking equipment is repaired. 

(iv) The identification tag attached to a leaking valve that is monitored 

pursuant to paragraph (DD)(2)(b )(ii) of this rule may be removed after 

the leaking valve is repaired, monitored for leaks for two consecutive 

months as specified in paragraph (DD)(2)(b )(ii) of this rule, and found 

to have no detected leaks during those two consecutive months. 

(i) When a leak is detected as described in paragraph (DD)(2)(g) of this rule, the 

leaking equipment shall be repaired as soon as practicable, but no later than 

fifteen calendar days after the leak is detected, except for a delay of repair 

as provided in paragraph (DD)(ll) of this rule. Leaking equipment shall be 

deemed repaired if the maximum concentration measured pursuant to 

paragraph (DD)(2)(b)(iv) of this rule is less than ten thousand ppmv. 
3745-21-09 73 

(j) When a leak is detected as described in paragraph (DD)(2)(g) of this rule, a 

first attempt at repair shall be made no later than five calendar days after the 

leak is detected; and the first attempts at repair shall include, but are not 

limited to, the following best practices where practicable: 

(i) Tightening ofbom1et bolts; 

(ii) Replacement ofbom1et bolts; 

(iii) Tightening of packing gland nuts; and 

(iv) Injection of lubricant into lubricated packing. 

(k) When a leak is detected as described in paragraph (DD)(2)(g) of this rule, the 

following information shall be recorded in a leak repair log: 

(i) The identification number of the leaking equipment and, for leaks based 

on monitoring, the identification numbers of the leak detection 

instrument and its operator; 

(ii) The basis for the detection of the leak; for example, monitoring, visual 

inspection, or sensor; 

(iii) The date on which the leak was detected and the date of each attempt to 

repair the leaking equipment; 

(iv) The methods of repair applied in each attempt to repair the leaking 

equipment; 

(v) One of the following entries within five working days after each attempt 

to repair the leaking equipment: 

(a) '"Not monitored, ' denoting the leaking equipment was presumed to 

still be leaking and it was not monitored; or 

(b) If the leaking equipment was monitored with a leak detection 

instrument, the maximum concentration that was measured as 

follows: 

(i) The actual reading in ppmv; or 

(ii) "Below 10,000," denoting less than ten thousand ppmv; or 

(iii) "Above 1 0,000,"' denoting not less than ten thousand ppmv; 
3745-21-09 74 

(vi) If the leak is not repaired within fifteen calendar days after the date on 

which it was detected: 

(a) "Repair delayed" and the reason for the delay; 

(b) If repair is being delayed until the next process unit shutdown due 

to technical infeasibility of repair, the signature of the owner or 

operator whose decision it was that repair is technically infeasible 

without a process unit shutdown; 

(c) The expected date of successful repair of the leak; 

(d) The dates of process unit shutdowns that occur while the leaking 

equipment is unrepaired; and 

(vii) The date on which the leak was successfully repaired. 

(!) The leak repair log shall be retained by the owner or operator of the process 

unit in a readily accessible location for a minimum of two years after the 

date on which the record was made. 

(m) Semiannual reports shall be submitted to the director by the first day of 

February and August and shall include the following information for the 

preceding semiannual periods: 

(i) The process unit identification; 

(ii) The number of pumps in light liquid service excluding those pumps 

designated for no detectable emissions under the provision of paragraph 

(DD)(2)( d)(i) of this rule and those pumps complying with paragraph 

(DD)(2)(d)(iii) of this rule; 

(iii) The number of valves in gas/vapor service or in light liquid service 

excluding those valves designated for no detectable emission under the 

provision of paragraph (DD)(2)( d)(iv) of this rule and those valves 

subject to the alternative standard for monitoring under the provision of 

paragraph (DD)(2)(d)(v) of this rule; 

(iv) The number of compressors excluding those compressors designated 

for no detectable emissions under the provision of paragraph 

(DD)(3)( c) of this rule and those compressors complying with 

paragraph (DD)(3)(d) or (DD)(3)(e) of this rule; 

(v) For each month during the semiannual period: 
3745-21-09 75 

(a) The number of pumps in light liquid service for which leaks were 

detected as described in paragraph (DD)(2)(g) of this rule; 

(b) The number of pumps in light liquid service for which leaks were 

not repaired within fifteen calendar days after the date of leak 

detection; 

(c) The number of valves in gas/vapor service or in light liquid service 

for which leaks were detected as described in paragraph 

(DD)(2)(g) of this rule; 

(d) The number of valves in gas/vapor service or in light liquid service 

for which leaks were not repaired within fifteen calendar days after 

the date ofleak detection; 

(e) The number of compressors for which leaks were detected as 

described in paragraph (DD) of this rule; 

(f) The number of compressors for which leaks were not repaired 

within fifteen calendar days after the date ofleak detection; and 

(g) The facts that explain each delay of repair allowed pursuant to 

paragraph (DD)(ll) of this rule; and 

(vi) The dates of process unit shutdowns that occurred within the 

semiannual period. 

(3) Compressors. 

(a) Except as otherwise provided in paragraphs (DD)(3)(c) to (DD)(3)(e) of this 

rule, any compressor in the process unit shall comply with the requirements 

specified in paragraph (DD)(3)(b) of this rule. 

(b) The compressor shall be equipped with a seal that has a barrier fluid system 

and sensor which comply with the requirements specified in paragraph 

(DD)(8) of this rule. 

(c) Excluded from the requirements of paragraph (DD)(3)(b) of this rule is any 

compressor that is designated for no detectable emissions as provided in 

paragraph (DD)(7) of this rule. 

(d) Excluded from the requirements of paragraph (DD)(3)(b) of this rule is any 

compressor that is equipped with a closed vent system capable of capturing 

and transpmiing any leakage from the compressor seal to control 

equipment, provided the closed vent system and the control equipment 
3745-21-09 76 

comply with the requirements specified m paragraphs (DD)(9) and 

(DD)(lO) of this rule. 

(e) Excluded from the requirements of paragraph (DD)(3)(b) of this rule is any 

reciprocating compressor that meets the following conditions: 

(i) The compressor was installed prior to May 9, 1986; and 

(ii) The owner or operator of the compressor demonstrates to the 

satisfaction of the director that recasting the compressor distance piece 

or replacing the compressor are the only options available to bring the 

compressor into compliance with the requirements of paragraph 

(DD)(3)(b) of this rule. 

( 4) Pressure relief devices in gas/vapor service. 

(a) Except as otherwise provided in paragraph (DD)(4)(e) of tllis rule, any 

pressure relief device in gas/vapor service in the process unit shall comply 

with the requirements specified in paragraphs (DD)(4)(b) to (DD)(4)(d) of 

this rule. 

(b) Except during pressure releases, the pressure relief device shall be operated 

with no detectable emissions, as indicated by an instrument reading of less 

than five hundred ppmv above background, as measured by the method 

specified in paragraph (F) of rule 3745-21-10 of the Administrative Code. 

(c) No later than five calendar days after a pressure release, the pressure relief 

device shall be tested to confirm the condition of no detectable emissions in 

accordance with the method specified in paragraph (F) of rule 3745-21-10 

of the Administrative Code. 

(d) After each pressure release, the pressure relief device shall be retumed to a 

condition of no detectable emissions as soon as practicable, but no later than 

five calendar days after the pressure release, except for a delay of repair as 

provided in paragraph (DD)(ll) of this rule. 

(e) Excluded from the requirements of paragraphs (DD)(4)(b) to (DD)(4)(d) of 

this rule is any pressure relief device that is equipped with a closed vent 

system capable of capturing and transporting leakage through the pressure 

relief device to control equipment, provided the closed vent system and 

control equipment comply with the requirements specified in paragraphs 

(DD)(9) and (DD)(!O) of this rule. 

( 5) Sampling connection system. 
3745-21-09 77 

(a) Except as otherwise provided in paragraph (DD)(5)(c) of this rule, any 

sampling connection syste!ll in the process unit shall comply with the 

requirements specified in paragraph (DD)( 5)(b) of this rule. 

(b) The sampling connection system shall be equipped with a closed purge 

system or a closed vent system that meets one of the following 

requirements: 

(i) The purged process fluid is returned directly to the process line with zero 

VOC emissions to the ambient air; 

(ii) The purged process fluid is collected and recycled with zero VOC 

emissions to the ambient air; or 

(iii) The closed purge system or closed vent system is designed and 

operated to capture and transport all the purged process fluid to control 

equipment that meet the requirements specified in paragraph (DD)(l 0) 

of this rule. 

(c) Excluded fi·om the requirements of paragraph (DD)(5)(b) of this rule is any 

sampling connection system that is an in-situ sampling system. 

(6) Open-ended valves or lines. 

(a) Any open-ended valve or line in the process unit shall be equipped with a 

cap, blind flange, plug, or second valve and shall comply with the 

requirements specified in paragraphs (DD)(6)(b) to (DD)(6)(d) of this rule. 

(b) Except during operations requiring the flow of process fluid tlu·ough the 

open-ended valve or line, the cap, blind flange, plug, or second valve shall 

seal the open end of the open-ended valve or line. 

(c) If equipped with a second valve, the open-ended valve or line shall be 

operated in a manner such that the valve on the process fluid end is closed 

before the second valve is closed. 

(d) If a double block and bleed system is being used, the bleed valve or line may 

remain open during operations that require venting the line between the 

block valves, but shall comply with paragraph (DD)(6)(b) of this rule at all 

other times. 

(7) Equipment designated for no detectable emissions. 

(a) Any equipment (pump, valve, or compressor) designated for no detectable 

emissions pursuant to paragraph (DD)(2)(d)(i), (DD)(2)(d)(iv) or 
3745-21-09 78 

(DD)(3)( c) of this rule shall comply with the requirements specified in 

paragraphs (DD)(7)(b) to (DD)(7)(d) of this rule. 

(b) The equipment shall be operated with no detectable emissions as indicated 

by an instrument reading of less than five hundred ppmv above background 

as measured by paragraph (F) of rule 3745-21-10 of the Administrative 

Code. 

(c) The equipment shall be tested for compliance with paragraph (DD)(7)(b) of 

this rule initially upon designation and annually. 

(d) The designation of the equipment shall be signed by the owner or operator of 

the equipment in the log kept pursuant to paragraph (DD)(l4)(b) of this 

rule. 

(8) Barrier fluid systems and sensors for pumps and compressors. 

(a) When a pump or compressor is equipped with a seal that has a barrier fluid 

system and sensor which are employed to meet the requirements of 

paragraph (DD)(2)(d)(ii) or (DD)(3)(a) of this rule, the requirements of 

paragraphs (DD)(8)(b) to (DD)(8)(d) of this rule shall be met. 

(b) The barrier fluid system shall meet one of the following conditions: 

(i) The barrier fluid system is operated with a barrier fluid at a pressure that 

is at all times greater than the stuffing box pressure of the pump or 

compressor. 

(ii) The barrier fluid system is equipped with a barrier fluid degassing 

reservoir that is connected by a closed vent system to control 

equipment and the closed vent system and control equipment comply 

with the requirements specified in paragraphs (DD)(9) and (DD)(l 0) of 

this rule. 

(iii) The barrier fluid system is equipped with a system that purges the 

barrier fluid into a process stream with zero VOC emissions to the 

ambient air. 

(c) The barrier fluid system shall be in heavy liquid service or shall not be in 

VOC service. 

(d) The barrier fluid system shall be equipped with a sensor that will detect 

failure of the seal system, the barrier fluid system, or both based on criteria 

dete1mined by the owner or operator from design considerations and 

operating experience. 
3745-21-09 79 

(9) Closed vent systems. 

(a) Any closed vent system that is used to comply with the requirements of 

paragraph (DD)(2)(d)(iii), (DD)(3)(d), (DD)(4)(e), or (DD)(8)(b)(ii) of this 

rule shall comply with the requirements specified in paragraphs (DD)(9)(b) 

to (DD)(9)(d) of this rule. 

(b) The closed vent system shall be designed and operated with no detectable 

emissions, as indicated by an instrument reading of less than five hundred 

ppmv above background, as measured by the method specified in paragraph 

(F) of rule 3745-21-10 of the Administrative Code. 

(c) The closed vent system shall be tested for compliance with paragraph 

(DD)(9)(b) of this rule initially and annually. 

(d) The closed vent system shall be operated at all times when emissions may be 

vented to it. 

(1 0) Control equipment. 

(a) Any control equipment that is used to comply with the requirements of 

paragraph (DD)(2)(d)(iii), (DD)(3)(d), (DD)(4)(e), (DD)(5)(b)(iii), 

(DD)(8)(b )(ii), or (DD)(ll )( d)(ii) of this mle shall comply with the 

requirements specified in paragraphs (DD)(l O)(b) to (DD)(l O)(f) of this 

rule. 

(b) If the control equipment is a vapor recovery system, it shall be designed and 

operated to recover VOC emissions vented to it with an efficiency of at 

least ninety-five per cent by weight. 

(c) If the control equipment is an enclosed combustion device, it shall be 

designed and operated to reduce the VOC emissions vented to it with an 

efficiency of at least ninety-five per cent by weight, or to provide a 

minimum residence time of 0.75 second at a minimum temperature of 

fifteen hundred degrees Fahrenheit. 

(d) If the control equipment is a flare, it shall meet the following requirements: 

(i) The flare shall be designed for and operated with no visible emissions as 

determined by USEP A method 22, except for periods not to exceed a 

total of five minutes during any one hundred twenty consecutive 

minutes. 

(ii) The flare shall be operated with either an electric arc ignition system or 

a pilot flame. If a pilot flame is employed, the flame shall be present at 

all times and shall be monitored with a thermocouple or any other 
3745-21-09 80 

equivalent device to detect the presence of the pilot flame. If an electric 

arc ignition system is employed, the arcing shall pulse continually and 

shall be monitored to detect any failure. 

(iii) The flare shall be steam-assisted, air-assisted or nonassisted. 

(iv) The net heating value of the gas being combusted in the flare, as 

detetmined by the method specified in paragraph (P)(2) of rule 3745-

21-10 of the Administrative Code, shall be three hundred Btu/scf or 

greater if the flare is steam-assisted or air-assisted, or shall be two 

hundred Btu/scf or greater if the flare is nonassisted. 

(v) Except as provided in paragraph (DD)(l 0)( d)(vi) of this rule, the flare 

shall be designed and operated with an actual exit velocity, as 

determined by the method specified in paragraph (P)(3) of rule 3745-

21-10 of the Administrative Code, less than sixty feet per second if the 

flare is steam-assisted or nonassisted, or less than the maximum 

permitted velocity, as determined in paragraph (P)(4) of rule 3745-21-

10 of the Administrative Code, if the flare is air-assisted. 

(vi) Excluded from the requirements of paragraph (DD)(lO)(d)(v) of this 

rule is any steam-assisted or nonassisted flare that meets both of the 

following requirements: 

(a) The net heating value of the gas being combusted in the flare, as 

determined by the method specified in paragraph (P)(2) of rule 

3745-21-10 of the Administrative Code, shall be greater than one 

thousand Btu/scf. 

(b) The flare shall be designed and operated with an actual exit 

velocity, as determined by the method specified in paragraph 

(P)(3) of rule 3745-21-10 of the Administrative Code, less than 

four hundred feet per second. 

(e) The owner or operator of the control equipment shall monitor the control 

equipment to ensure that it is operated and maintained in conf01mance with 

its design. 

(f) The control equipment shall be operated at all times when emissions may be 

vented to it. 

(11) Delay of repair. 

(a) A delay of repair that is employed pursuant to paragraph (DD)(2)(i) or 

(DD)(4)(d) of this rule shall be allowed only as provided in paragraphs 

(DD)(ll)(b) to (DD)(ll)(f) of this rule. 
3745-21-09 81 

(b) A delay of repair shall be allowed if the repair is technically infeasible 

without a process unit shutdown. However, the repair shall occur before the 

end of the next process unit shutdown. 

(c) A delay of repair shall be allowed for a piece of equipment that is isolated 

from the process and that does not remain in VOC service (for example, 

isolated from the process and properly purged). 

(d) A delay of repair for a valve shall be allowed if: 

(i) The owner or operator of the valve demonstrates that the emission of 

purged material resulting from immediate repair is greater than the 

emission likely to result from delay of repair; and 

(ii) When repair procedures are effected, the purged material is collected 

and destroyed or recovered in control equipment that meets the 

requirements specified in paragraph (DD)(IO) of this rule. 

(e) A delay of repair for a pump shall be allowed if: 

(i) The repair requires the use of a dual mechanical seal system and 

associated barrier fluid system; and 

(ii) The repair is completed as soon as practicable, but no later than six 

months after the leak was detected. 

(f) A delay of repair beyond a process unit shutdown shall be allowed for a 

valve if a valve assembly replacement is necessary during the process unit 

shutdown, valve assembly supplies have been depleted, and valve assembly 

supplies had been sufficiently stocked before the supplies were depleted. A 

delay of repair beyond the next process unit shutdown shall not be allowed 

for that valve unless the next process unit shutdown occurs sooner than six 

months after the first process unit shutdown. 

(12) Alternative monitoring schedule for valves based on a skip period. 

(a) Any owner or operator of a process unit may elect to implement an 

alternative monitoring schedule in lieu of the monitoring requirements 

specified in paragraph (DD)(2)(b )(ii) of this mle, as provided in paragraph 

(DD)(2)( c )(iii) of this mle. The alternative monitoring schedule shall be 

based on skipping quarterly monitoring periods provided the percentage of 

valves leaking is no more than 2.0. Any owner or operator who elects to 

implement an alternative monitoring schedule shall comply with the 

requirements specified in paragraphs (DD)(l2)(b) to (DD)(l2)(h) of this 

rule. 
3745-21-09 82 

(b) The owner or operator must notify the director prior to implementing this 

alternative monitoring schedule. Such notification must identify which 

valves will be subject to this alternative monitoring schedule and which 

work practice within paragraph (DD)(l2)(e) of this rule will be 

implemented. Any valve in vacuum service, in heavy liquid service, or not 

in VOC service, shall be excluded from this alternative monitoring 

schedule. 

(c) Any valve subject to this alternative monitoring schedule shall comply 

initially with the monitoring requirements specified in paragraph 

(DD)(2)(b)(ii) of this rule. 

(d) Any valve subject to this alternative monitoring schedule shall continue to be 

subject to the requirements specified in paragraphs (DD)(2)(g) to 

(DD)(2)(m) of this rule. 

(e) One of the following two alternative work practices for skipping monitoring 

periods may be implemented: 

(i) After two consecutive quarterly leak detection periods with the 

percentage of valves leaking equal to or less than 2.0, a monitoring 

program may begin in which the first qua1ter of every two consecutive 

quarterly leak detection periods is skipped. 

(ii) After five consecutive quarterly leak detection periods with the 

percentage of valves leaking equal to or less than 2.0, a monitoring 

program may begin in which the first three quarters of every four 

consecutive quarterly periods is skipped. 

(f) If the percentage of valves leaking is greater than 2.0, the owner or operator 

shall comply with the monitoring requirements as specified in paragraph 

(DD)(2)(b )(ii) of this rule, but may again elect to use this alternative 

monitoring schedule. 

(g) The percentage of valves leaking shall be dete1mined for the valves subject 

to this alternative monitoring schedule as the sum of the number of those 

valves found leaking during any portion of the current monitoring period 

and the number of those valves found leaking during a previous monitoring 

period for which repair has been delayed during the current monitoring 

period, divided by the total number of valves, and multiplied by one 

hundred. 

(h) The following information pertaining to valves subject to this alternative 

monitoring schedule shall be recorded in a log that is kept in a readily 

accessible location: 
3745-21-09 83 

(i) A schedule of monitoring; and 

(ii) The percentage of valves leaking during each monitoring period. 

( 13) Alternative monitoring standard for valves based on the allowable percentage of 

valves leaking. 

(a) Any owner or operator of a process unit may elect to implement an 

alternative monitoring standard in lieu of the monitoring requirements 

specified in paragraph (DD)(2)(b )(ii) of this rule, as provided in paragraph 

(DD)(2)(d)(v) of this rule. The alternative monitoring standard shall be 

based on maintaining the percentage of valves leaking at 2.0 or less. Any 

owner or operator who elects to implement an alternative monitoring 

standard shall comply with the requirements specified in paragraphs 

(DD)(l3)(b) to (DD)(l3)(g) of this rule. 

(b) The owner or operator must notify the director prior to implementing this 

alternative monitoring standard. 

(c) All valves in gas/vapor service or in light liquid service in the process unit 

shall be subject to this alternative monitming standard, except for those 

valves which are designated as unsafe to monitor as provided in paragraph 

(DD)(2)( c )(ii) of this rule, those valves not in VOC service, and those 

valves in vacuum service. 

(d) The percentage of valves leaking, as determined in accordance with 

paragraph (DD)(l3)(f) ofthis mle, shall not exceed 2.0. If the percentage of 

valves lealcing is greater than 2.0, the owner or operator shall comply with 

the monitoring requirements as specified in paragraph (DD)(2)(b )(ii) of this 

rule, but may again elect to use this alternative monitoring standard. 

(e) All valves subject to this alternative monitoring standard shall be tested for 

compliance with paragraph (DD)(13)(d) of this rule initially upon 

implementation and annually. 

(f) A compliance test shall be conducted in the following manner: 

(i) All valves subject to this alternative monitoring standard shall be 

monitored for leaks within a one-week period by the method specified 

in paragraph (F) ofmle 3745-21-10 of the Administrative Code. 

(ii) If an instmment reading of ten thousand ppmv or greater is measured, a 

I eak is detected. 
3745-21-09 84 

(iii) The percentage of valves leaking shall be determined as the number of 

valves for which a leak is detected, divided by the number of valves 

monitored, and multiplied by one hundred. 

(g) When a leak is detected as described in paragraph (DD)(l3)(f)(ii) of this 

rule, the leaking valve shall be repaired in accordance with paragraphs 

(DD)(2)(h) and (DD)(2)(i) of this rule. 

(14) Recordkeeping. 

(a) Each owner or operator of a process unit as described in paragraph (DD)(I) 

of this rule shall comply with the recordkeeping requirements of paragraphs 

(DD)(l4)(b) to (DD)(14)(g) of this rule. An owner or operator of more than 

one process unit may use one recordkeeping system to comply with the 

recordkeeping requirements, provided the system identifies each record by 

each process unit. 

(b) The following information shall be recorded in a log that is kept in a readily 

accessible location: 

(i) A list of identification numbers for equipment subject to the 

requirements of paragraphs (DD)(2) to (DD)(IO) of this rule; 

(ii) A list of identification numbers for equipment designated for no 

detectable emissions as provided in paragraph (DD)(7) of this rule, and 

a signature of the owner or operator authorizing such designation; 

(iii) A list of identification numbers for pressure relief devices subject to 

paragraph (DD)(4) of this rule; 

(iv) A list of identification numbers for closed vent systems subject to 

paragraph (DD)(9) of this rule; and 

(v) For compliance tests required under paragraphs (DD)(4)(c), (DD)(7)(c), 

and (DD)(9)(c) of this rule: 

(a) The date of each compliance test; 

(b) The background level measured during each compliance test; and 

(c) The maximum instrument reading measured at the equipment 

during each compliance test. 

(c) The following information pertaining to valves subject to an alternative 

monitoring schedule, as provided in paragraph (DD)(2)(e) of this rule, shall 

be recorded in a log that is kept in a readily accessible location: 
3745-21-09 85 

(i) A list of identification numbers for valves designated as unsafe to 

monitor, an explanation for each valve stating why the valve is unsafe 

to monitor, and the plan for monitoring each valve; 

(ii) A list of identification numbers for valves designated as difficult to 

monitor, an explanation for each valve stating why the valve is difficult 

to monitor, and the schedule for monitoring each valve; and 

(iii) A list of identification numbers for valves subject to the alternative 

monitoring schedule based on a skip period, a schedule for monitoring, 

and the percentage of valves leaking during each monitoring period. 

(d) The following information pertaining to closed vent systems and control 

equipment described in paragraphs (DD)(9) and (DD)(lO) of this rule shall 

be recorded and kept in a readily accessible location: 

(i) Detailed schematics, design specifications, and p1pmg and 

instrumentation diagrams; 

(ii) The dates and descriptions of any changes in the design specifications; 

(iii) A description of the parameter or parameters monitored, as required in 

paragraph (DD)(lO)(d) of this rule, to ensure that the control equipment 

is operated and maintained in conformance with its design, and an 

explanation of the reason for selecting such parameter or parameters; 

(iv) Periods when the closed vent systems and control equipment are not 

operated as designed, including periods when a flare pilot light does not 

have a flame; and 

(v) Dates of startups and shutdowns of the closed vent systems and control 

equipment. 

(e) The following information pertaining to barrier fluid systems and sensors 

described in paragraph (DD)(8) of this rule shall be recorded in a log that is 

kept in a readily accessible location: 

(i) A list of identification numbers of pwnps and compressors equipped 

with such barrier fluid systems and sensors; 

(ii) The criteria that indicate failure of the seal system, the barrier fluid 

system, or both, as required in paragraph (DD)(8)( d) of this rule and an 

explanation of the criteria; and 

(iii) Any changes to such criteria and the reasons for the changes. 
3745-21-09 86 

(f) The following information for use in determining an exemption for the 

process unit as provided in paragraph (DD)(17)(a) of this rule shall be 

recorded in a log that is kept in a readily accessible location: 

(i) An analysis demonstrating the design capacity of the process unit; 

(ii) A statement listing the feed and raw materials and products from the 

process unit and an analysis demonstrating whether these chemicals are 

heavy liquids or beverage alcohols; or 

(iii) An analysis demonstrating that no equipment is in VOC service. 

(g) The following information pertaining to specific equipment that are exempt 

as provided in paragraph (DD)(l7)(b) of this rule shall be recorded in a log 

that is kept in a readily accessible location: 

(i) A list of identification numbers of equipment in vacuum service; 

(ii) A list of identification numbers of equipment not in VOC service and 

the information or data used to demonstrate that the equipment is not in 

VOC service; and 

(iii) A list of equipment subject to an equivalent emission requirement that 

is approved by the director pursuant to paragraph (DD)(16) of this rule. 

(15) Reporting. 

(a) Each owner or operator of a process unit as described in paragraph (DD)(l) 

of this rule shall comply with the reporting requirements specified in 

paragraphs (DD)(l5)(b) to (DD)(15)( d) of this rule. 

(b) For compliance tests required under paragraphs (DD)(7)(c) and (DD)(9)(c) 

of this rule, the requirements of paragraphs (A)(3) and (A)(4) of rule 3745-

21-1 0 of the Administrative Code (pertaining to notification of intent to 

test) shall be met. The results of such compliance tests shall be reported to 

the appropriate Ohio EPA district office or local air agency within thirty 

days after the test date. 

(c) The results of compliance tests required under paragraph (DD)(4)(c) of this 

rule shall be reported semiannually to the appropriate Ohio EPA district 

office or local air agency. The semiannual reports shall be submitted by the 

first day of February and August and shall include information for the 

preceding semiannual period. 
3745-21-09 87 

(d) Any semiannual reports required under paragraph (DD)(2)(m) of this rule 

may be sent to the appropriate Ohio EPA district office or local air agency. 

(16) Equivalent requirement. 

(a) Any owner or operator of a process unit may apply to the director for 

determination of an equivalent requirement in lieu of the requirements 

specified in paragraphs (DD)(2) to (DD)(l 0) of this rule. The determination 

of equivalence will be evaluated by the guidelines specified in paragraphs 

(DD)(l6)(b) to (DD)(l6)( d) of this rule. If the director approves an 

equivalent requirement for a process unit, said requirement shall be 

specified in the special tetms and conditions of an operating permit or 

variance issued by the director for the process unit. 

(b) The owner or operator applying for a determination of equivalency shall be 

responsible for collecting and verifying test data to demonstrate the 

proposed equivalence. 

(c) The equivalent requirement shall achieve a reduction in emissions of VOC at 

least equivalent to the reduction in emissions of VOC that would be 

achieved by compliance with the applicable requirements of paragraph 

(DD) of this rule. 

(d) The director may condition the approval of equivalence as necessary to 

ensure the same emission reduction as the applicable requirements of 

paragraph (DD) of this rule. 

(17) Exemptions. 

(a) Exempted from the requirements of paragraphs (DD)(2) to (DD)(6) of this 

rule are the following process units: 

(i) Any process unit that has a design capacity to produce less than one 

thousand one hundred tons per year; 

(ii) Any process unit that produces only heavy liquid chemicals from heavy 

liquid feed or raw materials; 

(iii) Any process unit that produces beverage alcohol; 

(iv) Any process unit that has no equipment in VOC service as determined 

in accordance with paragraph (0)(2) of rule 3745-21-10 of the 

Administrative Code; and 

(v) Any process unit at a petroleum refinery, as defined in paragraph 

(E)(l5) of rule 3745-21-01 of the Administrative Code. 
3745-21-09 88 

(b) Exempted from the requirements of paragraphs (DD)(2) to (DD)(6) of this 

rule are the following equipment: 

(i) Any equipment not in VOC service, as determined in accordance with 

paragraph (0)(2) of rule 3745-21-10 of the Administrative Code; 

(ii) Any equipment in vacuum service; and 

(iii) Any equipment subject to an equivalent emission limitation as provided 

in paragraph (DD)(16) of this rule. 

(EE) Air oxidation processes that produce organic chemicals. 

(1) Except where exempted under paragraph (EE)(2) of this rule, no owner or 

operator of an air oxidation process that produces an organic chemical identified 

in appendix A to this rule may cause, allow or permit the discharge into the 

ambient air of VOC from any process vent stream after the date specified in 

paragraph (C)(39) of rule 3745-21-04 of the Administrative Code unless the 

process vent stream is vented to a combustion device that is designed and 

operated either: 

(a) To reduce the VOC emissions vented to it with an efficiency of at least 

ninety-eight per cent by weight; or 

(b) To emit VOC at a concentration less than twenty parts per million by 

volume, dry basis. 

(2)Exemptions. 

(a) Any process vent stream which is vented to a combustion device for which 

construction commenced prior to May 9, 1986, shall be exempt from the 

requirements of paragraph (EE)(l) of this rule, provided the combustion 

device is operated and maintained in accordance with design specifications 

and good engineering practices. This exemption shall terminate for such 

process vent stream if the combustion device is replaced with new control 

equipment for which construction commenced on or after May 9, 1986. 

(b) Any process vent stream or combination of process vent streams which has a 

total resource effectiveness value greater than 1.0 shall be exempt from the 

requirements of paragraph (EE)( 1) of this rule. If an air oxidation process 

has more than one process vent stream, the total resource effectiveness shall 

be based upon a combination of the process vent streams. 

(3) Total resource effectiveness value. 
3745-21-09 89 

(a) The total resource effectiveness value for an air oxidation process shall be 

calculated in accordance with the following equations: 

(i) For nonchlorinated process vent streams with a net heating value less 

than or equal to 3.6 and for all chlorinated process vent streams: 

[a+bWffi +cW +d\VH+eWmH 23 +f'W'J TRE=~----------------------~ 

E 

where, 

TRE = total resource effectiveness value; 

E = maximum hourly VOC emission rate at the vent stream design 

flowrate (W), in kilograms ofVOC per hour (kg/hr); 

W = vent stream design flowrate at a standard temperatnre of twenty 

degrees Celsius, in standard cubic meters per minute (scm/min); 

H = vent stream net heating value, as determined in accordance with 

paragraph (P)(2) of rule 3745-21-10 of the Administrative Code; in 

mega joules per standard cubic meter (1 06

J/scm); and a, b, c, d, e, and f 

= applicable coefficients from appendix B to this rule. 

(ii) For nonchlorinated process vent streams with a net heating value greater 

than 3.6: 

TRE =[a +bW·ffi + cW +d\VH +eWffiH28 +f(\VHf36)·s] 

E 

where TRE, E, W, H, a, b, c, d, e and f are defined as in paragraph 

(EE)(3)(a)(i) of this rule. 

(b) The parameters used in the total resource effectiveness equations shall be 

measured at the outlet(s) of the final product recovery device(s) where VOC 

is reclaimed for beneficial reuse (recycle, sale or use in another part of the 

process). 

( 4) The exhaust gases from any combustion device installed to meet the requirements 

of paragraph (EE)( 1) of this rule for a process vent stream containing 

chlorinated VOC shall be controlled by a scrubber which is designed and 

operated to remove at least ninety-nine per cent, by weight, of the hydrogen 

chloride formed during combustion, unless the owner or operator of the air 

oxidation process demonstrates to the satisfaction of the director that a lesser 
3745-21-09 90 

control efficiency limitation IS warranted based upon good engmeenng 

practices. 

(FF) 'The Steelcraft Manufacturing Company" or any subsequent owner or operator of 

"The Steelcraft Manufacturing Company" facility located at 9017 Blne Ash road, 

Cincinnati, Ohio shall comply with the following requirements by no later than the 

dates specified in paragraph (C)( 40) of rule 3 7 45-21-04 of the Administrative Code: 

(I) The VOC content of the adhesive coatings employed in the adhesive coating line 

for steel door panels and in the adhesive coating line for honeycomb paper shall 

not exceed 0. 7 pound of VOC per gallon of adhesive coating, excluding water 

and exempt solvents. 

(2) The uncontrolled VOC emissions from the steel door wipe cleaning operation 

shall be reduced and maintained below fourteen tons per year. The owner or 

operator shall keep monthly records which document the quantity and 

composition of the solvents used in the door wiping operation. These records 

shall be maintained at the facility for a period of three years. The owner or 

operator shall notify the director of any annual VOC emission rate that exceeds 

fourteen tons per year. A copy of the record showing the exceedance shall be 

submitted to the director within thirty days after the exceedance occurs. 

(GG) "Chevron U.S.A., Inc." or any subsequent owner or operator of the ''Chevron 

U.S.A., Inc." barge loading facility located at state route 128 and U.S. route 50 in 

Hamilton county, Ohio shall not cause, allow or permit the transfer of gasoline at the 

b~u-ge loading facility after the date specified in paragraph (C)(4l) of rule 3745-21-

04 of the Administrative Code unless all of the following requirements arc met: 

(l) The loading rack is equipped with a vapor collection system whereby during the 

transfer of gasoline to any barge, all vapors displaced from the barge during 

loading are vented only to a vapor collection system. 

(2) The loading rack is equipped with a vapor control system whereby: 

(a) All vapors collected by the vapor collection system are vented to the vapor 

control system; 

(b) The mass emissions of VOC from the vapor control system do not exceed 

0.29 pound of VOC per thousand gallons (thirty-five milligrams of VOC 

per liter) of gasoline loaded into the barge, as determined under paragraph 

(C) of rule 3745-21-10 of the Administrative Code; and 

(c) Any liquid gasoline returned to a stationary storage tank from the vapor 

control system is free of entrained air to the extent possible with good 

engineering design. 
3745-21-09 91 

(3) A means is provided to prevent drainage of gasoline from the loading device 

when it is not in use or to accomplish complete drainage before the loading 

device is disconnected. 

( 4) All gasoline loading lines and vapor lines are equipped with fittings which are 

vapor tight. 

( 5) Any leak from the vapor collection system and vapor control system which is 

equal to or greater than one hundred per cent of the lower explosive limit as 

propane, as determined under paragraph (K) of rule 3745-21-10 of the 

Administrative Code, is repaired within fifteen days of detection. 

( 6) A leak inspection of the vapor collection system and vapor control system shall 

be performed on a quarterly basis in accordance with paragraph (K) of rule 

3745-21-10 of the Administrative Code. The following information for each 

leak inspection shall be maintained at the facility for a period of three years: 

(a) The date of each leak inspection; 

(b) A description of the findings, including, but not limited to a description of 

the location, nature, and severity of each leak; 

(c) The leak determination method; 

(d) A desc1iption of the corrective action taken, including the date each leak was 

repaired; and 

(e) The inspector's name and signature. 

(HH) Surface coating of automotive/transportation and business machine plastic parts. 

For any source subject to paragraph (HH) of this rule, the requirement to comply 

with paragraph (HH) of this rule shall terminate at such time the source becomes 

subject to and complies with rule 3745-21-26 of the Administrative Code. 

(I) Except as otherwise provided in paragraph (B)(6) of this rule, no owner or 

operator of a coating line for automotive/transportation plastic parts may cause, 

allow or permit the discharge into the ambient air of any VOCs after the date 

specified in paragraph (C)(42) of rule 3745-21-04 of the Administrative Code in 

excess of the VOC-content limitations specified in table I. If a control system is 

employed for the coating line, the applicable limitation expressed in terms of 

pounds ofVOC per gallon of solids shall be met by the owner or operator. 

-Table 1: VOC limitations for coatings used for automotive/transportation plastic parts.-

Type of coating \VOC content limitation (in \ VOC content limitation (in 

pounds ofVOC per gallon pounds ofVOC per gallon 
3745-21-09 92 

of coating, excluding water of solids, as applied, for a 

and exempt solvents, as coating system that employs 

applied) a control system) 

(1) Auto interiors 

(a) High bake colorcoat 4.1 9.3 

(b) High bake primer 3.8 7.9 

(c) Low bake colorcoat 3.2 5.7 

(d) Low bake primer 3.5 6.7 

(2) Auto exteriors (flexible 

and non-flexible) 

(a) High bake 

(i) Colorcoat 4.6 12.3 

(ii) Clearcoat 4.3 10.3 

(iii) Primer-flexible 5.0 15.6 

(iv) Primer-non-flexible 4.5 11.6 

(b) Low bake 

(i) Primer 5.5 21.7 

(ii) Colorcoat red and black 5.6 23.4 

(iii) Colorcoat others 5.1 16.6 

(iv) Clearcoat 4.5 11.6 

(3) Auto specialty 

(a) Vacuum metallizing 5.5 21.7 

basecoats and texture 

basecoats 

(b) Black coatings, 5.9 29.8 

reflective argent coatings, 

air bag cover coatings, and 

soft coatings 

(c) Gloss reducers, vacuum 6.4 49.2 

metallizing topcoats, and 

texture topcoats 

(d) Stencil coatings, 6.8 89.5 

adhesion primers, ink pad 

coatings, electrostatic prep 

coatings, and resist coatings 

(e) Headlarnp lens coatings 7.4 (not applicable) 

(2) Except as otherwise provided in paragraph (B)(6) of this rule, no owner or 

operator of a coating line for business machine plastic parts may cause, allow or 

permit the discharge into the ambient air of any VOCs after the date specified in 

paragraph (C)(42) of rule 3745-21-04 of the Administrative Code in excess of 

the VOC content limitations specified in table 2. If a control system is employed 

for the coating line, the applicable limitation expressed in terms of pounds of 

VOC per gallon of solids shall be met by the owner or operator. 
3745-21-09 93 

-Table 2· VOC limitations for coatings used for business machine plastic partsType of coating VOC content limitation (in VOC content limitation (in 

pounds ofVOC per gallon pounds ofVOC per gallon 

of coating, excluding water of solids, for a coating line 

and exempt solvents) that employs a control 

system) 

(1) Primer 1.2 1.4 

(2) Colorcoat (non-texture 2.3 3.3 

coat) 

(3) Colorcoat (texture coat) 2.3 3.3 

( 4) Electromagnetic 4.0 8.8 

interference/radio frequency 

interference (EMl/RFI) 

shielding coatings 

( 5) Specialty coatings 

(a) Soft coatings 4.3 10.3 

(b) Plating resist 5.9 29.8 

(c) Plating sensitizer 7.1 202.9 

(II) "'International Paper Company"' or any subsequent owner or operator of the 

"'International Paper Company" facility located at 100 Progress place, Springdale, 

Ohio shall comply, by March 31, 1993, with the following requirements: 

(I) The VOC contents of the coatings employed in any sheet-fed offset lithographic 

printing press shall not exceed the following limitations: 

(a) 2.8 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, for any varnish coating; 

(b) 3.0 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, for any aqueous coating; 

(c) 1.2 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, for any ink, excluding any metallic ink; and 

(d) 2.5 pounds of VOC per gallon of coating, excluding water and exempt 

solvents, for any metallic ink. 

(2) The fountain solution employed in any sheet-fed offset lithographic printing press 

shall be refrigerated at each cooling unit to a temperature not to exceed sixty 

degrees Fahrenheit and shall have a VOC content not greater than 8.5 per cent 

VOC (alcohol) by volume at each cooling unit. The owner or operator shall 

measure the temperature and VOC content, in per cent by volume, of the 

fountain solution in each cooling unit on a daily basis, and shall maintain 

records of the results of the measurements at the facility for a period of three 
3745-21-09 94 

years. The VOC content of the fountain solution shall be measured using a 

hydrometer. 

(3) The total VOC emissions from the metallic inks employed in all sheet-fed offset 

lithographic printing presses shall not exceed 0.258 ton during any calendar 

month and 2.32 tons during any period of twelve consecutive months. The 

owner or operator shall calculate the calendar month and rolling twelve-month 

VOC emissions from the metallic inks employed in all of the sheet-fed offset 

lithographic printing presses and shall maintain records of the results of the 

calculations at the facility for a period of three years. 

( 4) The owner or operator shall notifY the director of any temperature measurement 

of the fountain solution that exceeds sixty degrees Fahrenheit, any VOC content 

measurement of the fountain solution that exceeds 8.5 per cent, by volume, and 

any monthly and rolling twelve-month VOC emission from the use of metallic 

inks that exceeds 0.258 ton and 2.32 tons, respectively. A copy of the record 

showing the exceedance shall be submitted to the director within forty-five days 

after the exceedance occurs. 

(JJ) 'The Goodyear Tire and Rubber Company" or any subsequent owner or operator of 

"The Goodyear Tire and Rubber Company" facility located at 1376 Tech Way drive, 

Akron, Ohio shall comply, on and after May 25, 1988, with the following 

requirements: 

( 1) The VOC emissions from the nitrile-butadiene rubber production operation shall 

be controlled by employing a continuous steam stripper following the degassing 

vessels to maximize the removal of residual monomers (acrylonitrile and 

butadiene). The continuous steam stripper shall be designed and operated to 

achieve a residual monomer content, as determined by "'Goodyear Method E826," of not greater than nine hundred parts per million by weight (total 

acrylonitrile and butadiene) in the polymer (rubber) blend tanks immediately 

following the stripper, and all exhaust gases from the stripper shall be vented to 

the butadiene recovery operation or to a flare system which complies with the 

requirements of paragraphs (DD)(lO)(d), (DD)(IO)(e), and (DD)(lO)(f) of this 

rule. The owner or operator shall perfonn daily analyses of the residual 

monomer content in the polymer blend tanks and shall maintain records of the 

results of the analyses at the facility for a period of three years. An alternative 

method and/or procedure to that in "Goodyear Method E-826" may be used to 

demonstrate compliance with the above limitation provided that such method or 

procedure is in accordance with good engineering practice, authorized in writing 

by the director, and approved by the U.S. environmental protection agency as a 

revision to the state implementation plan. The owner or operator shall notify the 

director of any residual monomer content that exceeds nine hundred parts per 

million by weight. A copy of the record showing the exceedance shall be 

submitted to the director within forty-five days after the exceedance occurs. 
3745-21-09 95 

(2) The VOC emissions from the butadiene recovery operation shall be vented to a 

flare system which complies with the requirements of paragraphs (DD)(l 0)( d), 

(DD)(10)(e), and (DD)(10)(f) of this rule. 

(KK) ''Morton Thiokol, Inc-" or any subs.-:quent owner or operator of the "Morton 

Thiokol, Inc." facility located at 2000 West street, Cincinnati, Ohio shall comply, on 

and after May 25, 1988, with the following requirements for VOC emissions from 

the production of methyltin intermediates: 

(I) Each process used for the production of methyltin intermediates shall be 

equipped with a VOC recovery system which is designed and operated to 

achieve a control efficiency of at least seventy per cent, by weight, as a weekly 

average for the seven-day period from Monday through Sunday, for the VOC 

emissions in the process vent gas, as detennined under paragraph (C) of rule 

3745-21-10 of the Administrative Code. The owner or operator shall on a daily 

basis determine the amount of VOC vented to the VOC vapor recovery system 

from the processes and the amount of VOC recovered. The overall recovery 

efficiency shall be calculated each week as the ratio of the total recovered VOC 

for the seven-day pe1iod from Monday through Sunday to the total VOC vented 

to the VOC recovery system for the same seven-day period. The ratio shall be 

expressed as a percentage. The ratio shall be calculated not later than the 

Monday following each seven-day period, and the owner or operator shall 

maintain records of the calculations at the facility for a period of three years. 

The owner or operator shall notify the director of any weekly average control 

efficiency that is less than seventy per cent, by weight. A copy of the record 

showing the noncomplying weekly average control efficiency shall be submitted 

to the director within thirty days of the occmrence. 

(2) The railcar unloading operation shall be a closed-loop system that uses 

compressed VOC fi-om storage, rather than nitrogen, to unload the VOC in the 

railcar. 

(LL) 'The Lubrizol Cmporation" or any subsequent owner or operator of 'The Lubrizol 

Corporation" facility located at !55 Freedom road, Painesville, Ohio shall comply 

with the following requirements for VOC emissions from reactor processes no later 

than the date specified in paragraph (C)(46) of rule 3745-21-04 of the Administrative 

Code: 

(I) Except where exempted under paragraph (LL)(3) of this rule, any reactor process 

vent stream shall be vented to one of the following control equipment: 

(a) The control equipment is an enclosed combustion device that is designed and 

operated: 

(i) To reduce the VOC emissions vented to it with an efficiency of at least 

ninety-eight per cent by weight or to emit VOC at a concentration not 
3745-21-09 96 

exceeding twenty parts per million by volume (dry basis), either of 

which is determined under paragraph (C) of rule 3745-21-10 of the 

Administrative Code; or 

(ii) To provide a minimum residence time of 0.75 second at a minimum 

temperature of sixteen hundred degrees Fahrenheit. 

(b) The control equipment is a flare that meets the requirements of parah>raphs 

(DD)(lO)(d), (DD)(lO)(e), and (DD)(lO)(f) of this rule. 

(2) Any process wastewater stream from a reactor process shall be discharged to a 

wastewater separator that has all separator sections equipped with covers and 

seals which minimize the amount ofVOC exposed to the ambient air. 

(3) Exempted from the requirements of paragraph (LL )(I) of this rule are the 

following reactor process vent streams: 

(a) The reactor process vent stream is not vented to an enclosed combustion 

device or flare and has a VOC emission rate less than five tons per year. If 

the reactor process has more than one of these reactor process vent streams, 

the VOC emission rate shall be based upon a combination of such reactor 

process vent streams. In such cases, the owner or operator shall calculate the 

calendar month and rolling twelve-month VOC emissions from the reactor 

process vent streams and maintain records of the results of the calculations 

at the facility for a period of three years. The owner or operator shall notify 

the director of any rolling twelve-month VOC emission calculation that 

exceeds five tons. A copy of the record showing the exceedance shall be 

submitted to the director within thirty days after the exceedance occurs. 

(b) The reactor process vent stream is vented to an enclosed combustion device 

or a flare for which construction commenced prior to May 25, 1988, 

provided the enclosed combustion device or flare is operated and 

maintained in accordance with design specifications. This exemption shall 

terminate for such reactor process vent stream if the enclosed combustion 

device or flare is replaced with new control equipment for which 

construction commenced on or after May 25, 1988. 

(c) The reactor process vent stream is an air bearing vent stream which has a 

VOC concentration between the lower explosive limit and the upper 

explosive limit and which has a total resource effectiveness value greater 

than 1.0, as determined under paragraph (EE)(3) of this rule. If the reactor 

process has more than one of these air bearing process vent streams, the 

total resource effectiveness valne shall be based upon a combination of such 

reactor process vent streams. 
3745-21-09 97 

(MM) "PPG Industries, Inc." or any subsequent owner or operator of the "PPG Industries, 

Inc." facility located at 3800 West 143rd street, Cleveland, Ohio shall comply, on 

and after May 25, 1988, with the following requirements for the VOC emissions 

from the paint manufacturing operations and associated paint laboratory operations: 

(1) The paint manufacturing operations shall include the following equipment for the 

processing or use of solvent based or waterbased paint materials: mixing tanks 

for paint liquids and pigments, grinding mills, paint thinning and tinting tanks, 

paint filling equipment for shipping containers, cleaning equipment for paint 

processing equipment, and recovery equipment for the cleaning solvents. The 

paint laboratory operations shall include the following equipment for the 

processing or use of solvent based or waterbased paint materials: paint spray 

booths and associated ovens within the paint manufacturing quality control 

laboratory and the paint research laboratory. 

(2) Except as otherwise provided in paragraph (MM)(4) of this rule, the VOC 

emissions from the equipment included within the paint manufacturing 

operations shall be vented either directly or by means of a building or local area 

exhaust to a control system which shall maintain compliance with any of the 

following requirements: 

(a) A minimum control efficiency of 98.0 per cent by weight for the VOC 

emissions; 

(b) A maximum outlet VOC concentration of twenty parts per million by 

volume (dry basis); or 

(c) A minimum incineration temperature of one thousand five hundred degrees 

Fahrenheit. 

(3) Except as otherwise provided in paragraph (MM)( 4) of this rule, the VOC 

emissions from the equipment included within the paint laboratory operations 

shall be vented to a control system which shall maintain compliance with a 

minimum control efficiency of ninety per cent by weight for the VOC emissions 

or a maximum outlet VOC concentration of twenty parts per million by volume 

(dry basis). 

(4) The requirements of paragraphs (MM)(2) and (MM)(3) of this rule shall not 

apply to any specific piece of equipment included within the paint 

manufacturing operations or the paint laboratory operations during each of the 

following situations: 

(a) During any period in which there is no production activity or laboratory 

activity at said equipment; and 
3745-21-09 98 

(b) During the processing or use of a waterbased paint material m said 

equipment, provided the following three conditions are met: 

(i) The equipment is dedicated solely to the production of waterbased paint 

materials; 

(ii) The VOC content of the waterbased paint material is less than or equal 

to 12.0 per cent VOC by weight, as determined under paragraph (B) of 

rule 3745-21-10 of the Administrative Code; and 

(iii) Any VOC emissions from the processing or use of the waterbased paint 

material that are not vented to the control systems specified in 

paragraphs (MM)(2) and (MM)(3) of this rule are included (accounted 

for) in a permit-to-install issued by the director after August 22, 1990 

pursuant to Chapter 3745-31 of the Administrative Code. 

(5) The VOC control efficiency or outlet VOC concentrations shall be determined in 

accordance with paragraph (C) of rule 3745-21-10 of the Administrative Code. 

(6) For a control system identified in paragraph (MM)(2) or (MM)(3) of this rule that 

employs incineration, the incineration temperature shall be detennined by means 

of a continuous measurement and recording of such temperature. 

(7) Any mixing or blending tank containing a paint material shall be equipped with a 

cover or lid that completely covers the opening of the tank, except for an 

opening no larger than necessary to allow for safe clearance for the mixer's 

shaft. Such tank shall be covered at all times in which the tank contains a paint 

material except when operator access is necessary to add ingredients or take 

samples. 

(8) For any specific piece of equipment included within the paint manufacturing 

operations or the paint laboratory operations, for which the owner or operator 

claims an exemption from the requirements of paragraphs (MM)(2) and 

(MM)(3) of this rule, pursuant to paragraph (MM)(4) of this rule, the owner or 

operator shall keep daily records of the following information: 

(a) The periods of time during which there is no production activity or 

laboratory activity; and 

(b) The VOC content of the waterbased paint material (in per cent VOC, by 

weight), and, if applicable, the application number for the permit to install 

which authorizes the use of the waterbased paint materials. 

(9) The owner or operator shall maintain the records required by paragraphs 

(MM)(6) and (MM)(8) of this rule at the facility for a period of three years. 
3745-21-09 99 

(NN) "Von Roll USA, Inc." or any subsequent owner or operator of the "Von Roll USA, 

Inc." facility located at 4853 West !30th street, Cleveland, Ohio shall not cause, 

allow or permit the discharge into the ambient air of any VOC from any mica coating 

or laminating line after the date specified in paragraph (C)(48) of rule 3745-21-04 of 

the Administrative Code unless the following requirements are met: 

(1) Except as provided in paragraph (NN)(2) of this rule, each mica coating or 

laminating line shall be equipped with a VOC emission control system that is 

designed and operated to achieve a capture efficiency of one hundred per cent 

and a control destruction efficiency of at least ninety-five per cent, by weight, 

for all the VOC emissions from the mica coating or laminating line. To meet the 

one hundred per cent capture efficiency requirement, each mica coating or 

laminating line shall employ a permanent total enclosure that complies with the 

requirements ofUSEPA method 204 and the requirements of paragraph (NN)(3) 

of this rule. For the VOC control device, the VOC control (destruction) 

efficiency shall be determined in accordance with paragraph (C) of rule 3745-

21-10 of the Administrative Code. 

(2) The requirements of paragraph (NN)(l) of this rule shall not apply to any mica 

coating or laminating line which employs less than five tons of VOC per year. In 

such case, the owner or operator shall keep monthly records that document the 

VOC emissions from the mica coating or laminating line. These records shall be 

maintained at the facility for a period of three years. The owner or operator shall 

notifY the director of any annual VOC emission rate that equals or exceeds five 

tons per year. A copy of the record showing the exceedance shall be submitted 

to the director within thirty days after the exceedance occurs. 

(3) Each permanent total enclosure shall be maintained under negative pressure at a 

minimum differential pressure of0.007 inch of water, as a three-hour average, at 

all times when the mica coating or lan1inating line is in operation. 

(4) Monitoring devices and a recorder shall be employed to simultaneously and 

continuously measure and record the pressure inside and outside each permanent 

total enclosure. The monitoring and recording devices shall be calibrated, 

operated and maintained in accordance with the manufacturer's 

recommendations, with any modifications deemed necessary by the pennittee. 

(5) The owner or operator shall submit quarterly, deviation (excursion) reports that 

identify all three-hour blocks of time during which each permanent total 

enclosure was not maintained at the mininmm pressure differential of 0.007 inch 

of water, as a three-hour average. 

(00) "Armco Steel Company, L.P." or any subsequent owner or operator of the "Atmco 

Steel Company, L.P. facility at 1801 Crawford street, Middletown, Ohio shall 

comply, on and after May 25, 1988, with the following VOC content limitations for 
3745-21-09 100 

the metal coil treatment operations, as determined under paragraph (B) of rule 3745-

21-10 of the Administrative Code: 

(I) The VOC content of any rolling oil employed in the temper mills shall not exceed 

6.9 pounds ofVOC per gallon of oil, excluding water and exempt solvents. 

(2) The VOC content of any rust preventive oil employed in the temper mills, shears, 

corrective rewinds, slitters, coating lines, and the pickle lines shall not exceed 

3.3 pounds of VOC per gallon of oil, excluding water and exempt solvents. 

(3) The VOC content of any anti -galling material employed in the aluminum coating 

operation shall not exceed 1.2 pounds of VOC per gallon of material, excluding 

water and exempt solvents. 

( 4) The VOC content of any prelube oil employed at the facility shall not exceed 0.8 

pound ofVOC per gallon of oil, excluding water and exempt solvents. 

(PP) "Fmmica Corporation'" or any subsequent owner or operator of the '"Formica 

Corporation" facility located at 10155 Reading road, Cincinnati, Ohio shall comply, 

on and after May 25, 1988, with the following requirements for the VOC emissions 

from each paper treater: 

(1) The VOC content of any coating employed in the paper treater shall not exceed 

0.9 pound of VOC per gallon of coating, excluding water and exempt solvents, 

as determined under paragraph (B) of rule 3745-21-10 of the Administrative 

Code; or 

(2) The paper treater shall be equipped with a capture system and control system 

which are designed and operated to achieve an overall control efficiency of at 

least eighty-five per cent by weight for the VOC emissions, as determined under 

paragraph (C) of rule 3745-21-10 of the Administrative Code. 

(QQ) ""The Day-Glo Color Corp." or any subsequent owner or operator of "The Day-Glo 

Color Corp."" facility located at 4515 St. Clair avenue, Cleveland, Ohio, shall comply 

with the following requirements by no later than the date specified in paragraph 

(C)( 51) of rule 3745-21-04 of the Administrative Code: 

(1) The filtration process which separates the methanol fi·om the solid dye shall be a 

vacuum system which consists of a vacuum pump and condenser. 

(2) Each mixing vessel having a capacity of four hundred gallons or less shall be 

equipped with a lid that remains in place at all times unless the vessel is empty 

or being emptied. The lid shall maintain contact along the entire pe1imeter of the 

vessel"s rim and shall have no openings except as follows: 
3745-21-09 101 

(a) The opening for the mixer shaft shall be no larger than three inches m 

diameter. 

(b) Any opening used for the addition of materials to the vessel shall be no more 

than one-fourth of the lid area in size and shall remain open only during the 

addition of materials. 

(RR) On and after March 12,2006, "Sherwin-Williams Diversified Brands, Incorporated" 

or any subsequent owner or operator of the "Sherwin-Williams Diversified Brands, 

Incorporated" facility located at 26300 Fargo avenue, Bedford Heights, Ohio shall 

comply with the requirements of paragraphs (RR)(l) to (RR)(8) of this rule. 

(!) For the liquid mixing tanks, can liquid filling operations, gasser (gashouse) 

operations (can propellant filling operations and propellant line purging 

operations), can brushing operations (manual can cleaning operations), and can 

piercing operations at this facility, the total VOC emissions in any rolling 

twelve-month period shall not exceed 0.75 pound of VOC per one thousand 

aerosol cans produced. 

(2) When a gashouse production line is in VOC operation, all VOC emissions from 

the gashouse production line, except during a safety diversion or emergency 

described under paragraph (RR)(S) of tins rule, shall be vented to a thermal 

incinerator that is designed and operated with a destruction efficiency greater 

than or equal to ninety per cent by weight for VOC. A gashouse production line 

is in VOC operation when either the propellant being used to fill the aerosol 

cans contains VOC or the propellant being purged from the propellant line 

contains VOC. The VOC propellant being purged shall be recovered and stored 

in a fuel tank of the thermal incinerator." 

(3) The average combustion temperature within the thermal incinerator, for any 

three-hour block of time when the gashouse is vented to the thermal incinerator, 

shall not be more than fifty degrees Fahrenheit below the average combustion 

temperature during the most recent emissions test of the thermal incinerator that 

demonstrated compliance with the VOC destruction efficiency specified in 

paragraph (RR)(2) of this rule. 

( 4) Monitoring and recordkeeping. 

(a) Continuous monitoring devices. 

(i) The owner or operator shall install, operate, and maintain a continuous 

temperature monitor and recorder that measures and records the 

combustion temperature within the thermal incinerator. The 

temperature monitor shall have a minimum accuracy of plus or minus 

one per cent of the temperature being monitored expressed in degrees 

Fahrenheit or plus or minus one degree Fahrenheit, whichever is 
3745-21-09 102 

greater. The temperature monitor and recorder shall be installed, 

calibrated, operated and maintained m accordance with the 

manufacturer's recommendations, with any modifications deemed 

necessary by the owner or operator. 

(ii) The owner or operator shall install, operate, and maintain a lower 

explosive limit (LEL) monitoring system that continuously measures 

and records the concentration of VOC and percent LEL within each 

gashouse line and the inlet vent to the thermal incinerator. The LEL 

detectors shall have a minimum accuracy or plus or minus two per cent. 

The LEL detectors shall be installed, calibrated, operated and 

maintained in accordance with the manufacturer's recommendations. 

The owner or operator shall calibrate the LEL detectors once per month 

following the manufacturer's protocol and shall record the date and 

results of each calibration. 

(iii) The owner or operator shall install, operate, and maintain mass flow 

meter that continuously measures and records the flow rate within each 

gashouse line. The mass flow meters shall have a minimum accuracy of 

plus or minus 1.5 per cent. The mass flow meters shall be installed, 

calibrated, operated and maintained in accordance with the 

manufacturer's recommendations. The owner or operator shall check 

the mass flow meters once every six months for accuracy using a pilot 

tube and shall record the date and results of each accuracy check. 

(b) The owner or operator shall collect and record the following information for 

each day of gashouse operation: 

(i) A log of operating time for each of the following: gashouse production 

line ventilation to the thermal incinerator, gashouse production line 

ventilation directly to ambient air, thermal incinerator operation, 

temperature monitoring equipment operation, gashouse production line 

in VOC operation, and gashouse production line not in VOC operation. 

(ii) A log of all tluee-hour blocks of time during which the average 

combustion temperature within the thermal incinerator, when the 

gashouse was vented to the thermal incinerator, was more than fifty 

degrees Fahrenheit below the average combustion temperature dw~ng 

the most recent emissions test of the thermal incinerator that 

demonstrated compliance with the VOC destruction efficiency 

requirement specified in paragraph (RR)(2) of this mle. 

(iii) A log of the dates and times of the bypass venting of gashouse 

emissions to ambient air and any downtime for the the1mal incinerator 

and temperature monitoring equipment, when any gashouse production 
3745-21-09 103 

line is in VOC operation. Additional records on bypass venting due to 

safety diversions are specified under paragraph (RR)(4)(h) of this mle. 

(c) The owner or operator shall collect and record for each aerosol can 

production line at this facility the following production information each 

month: 

(i) Number of aerosol cans produced. 

(ii) Name and amount (pounds) of each VOC liquid charged to the mixing 

tanks and filled into aerosol cans. 

(iii) Number of aerosol cans filled with a VOC propellant by name of 

propellant, type of propellant filler (under-the-cup fill, needle fill, or 

Sepro fill), and type of emissions venting (vented to thermal incinerator 

or not vented to thermal incinerator). 

(iv) Number of VOC propellant line purges by name of propellant, type of 

recovery (recovered for fuel tank of thermal incinerator or not 

recovered), and type of emissions venting (vented to thennal 

incinerator or not vented to thermal incinerator). 

(v) Name and amount (pounds) of each VOC liquid (solvent) used in the 

manual aerosol can cleaning operation (can brushing operation). 

(vi) Number of safety diversion events and number of emergency events, as 

described in paragraph (RR)(S)(a) of this mle. 

(d) The owner or operator shall collect and record the following chemical and 

physical properties for the VOC liquids and VOC propellants used in the 

aerosol can production lines of this facility: 

(i) For any VOC liquid used in liquid mixing and liquid filling of aerosol 

cans, the liquid name, the liquid density (pounds per gallon), and the 

vapor pressure (mmHg) at seventy degrees Fahrenheit and eighty 

degrees Faln·enheit. 

(ii) For any VOC liquid used in manual aerosol can cleaning, the liquid 

name and the liquid density (pounds per gallon). 

(iii) For any VOC propellant, the liquid density (pounds per gallon) under 

usual propellant storage temperature and pressure, the vapor density 

(pounds per cubic centimeter) at propellant filler temperature, the 

fraction VOC by weight, the molecular weight, and the lower explosive 

limit (LEL) concentration (ppmv). 
3745-21-09 104 

(e) The owner or operator shall calculate and record for each aerosol can 

production line at this facility the following information each month: 

(i) Monthly amount of VOC emissions (pounds) from the liquid mixing 

operations, as determined in accordance with paragraph (RR)(6)(a) of 

this rule. 

(ii) Monthly amount ofVOC emissions (pounds) from the can liquid filling 

operations, as determined in accordance with paragraph (RR)(6)(b) of 

this rule. 

(iii) Monthly amount of VOC emtsswns (pounds) from the gashouse 

operations (propellant filling, propellant line purging, and safety 

diversions), as determined in accordance with paragraph (RR)( 6)( c) of 

this rule. 

(iv) Monthly amount ofVOC emissions (pounds) from the manual aerosol 

can cleaning operations (can brushing operations), as detennined in 

accordance with paragraph (RR)(6)(d) of this rule. 

(v) Monthly amount of VOC emissions (pounds) from the aerosol can 

production line, which is the sum of data recorded under paragraphs 

(RR)(4)(e)(i) to (RR)(4)(e)(iv) of this rule. 

(f) The owner or operator shall collect and record for each can ptercmg 

operation at this facility the following infonnation each month: 

(i) The monthly operation of aerosol cans pierced, categorized by type of 

product/propellant and size. 

(ii) For each category of aerosol can identified under paragraph 

(RR)(4)(f)(i) of this rule, the name and amount (pounds per can) of 

VOC liquid (solvent) and VOC propellant contained within the aerosol 

can. 

(iii) For each VOC liquid, the vapor pressure (mmHg) at eighty degrees 

Fahrenheit and the molecular weight (pounds per pound mole). 

(iv) The monthly amount of VOC emissions (pounds) from can piercing 

operations, as determined in accordance with paragraph (RR)(6)(e) of 

this rule. 

(g) The owner or operator shall record for all aerosol can production lines and 

can piercing operations combined at this facility the following information 

each month: 
3745-21-09 105 

(i) The monthly amount ofVOC emissions (pounds), which is a sum of the 

monthly VOC emissions recorded under paragraphs (RR)(4)(e)(v) and 

(RR)(4)(f)(iv) of this rule for each aerosol can production line and each 

can piercing operation, respectively. 

(ii) The monthly number of aerosol cans produced, which is a sum of the 

monthly aerosol can production recorded under paragraph (RR)(4)(c)(i) 

of this rule for each aerosol can production line. 

(iii) The amount of VOC emissions (pounds) dming the rolling twelvemonth period, which is the sum of the values recorded under paragraph 

(RR)(4)(g)(i) of this rule for this month and the previous eleven 

consecutive months. 

(iv) The number of aerosol cans produced dming the rolling twelve-month 

period, which is the sum of the values recorded under paragraph 

(RR)( 4)(g)(ii) of this rule for this month and the previous eleven 

consecutive months. 

(v) The VOC emissions rate during the rolling twelve-month pe1iod in 

pounds per one thousand cans, which is one thousand times the value 

from paragraph (RR)(4)(g)(iii) of tins rule divided by the value from 

paragraph (RR)(4)(g)(iv) of this rule, and rounded to two decimal 

places. 

(h) The owner or operator shall collect and record for each aerosol can 

production line at this facility, the following information for each safety 

diversion event, as described in paragraph (RR)(8) of this rule: 

(i) Twenty per cent LEL stamp, which indicates that a concentration 

between twenty per cent and forty per cent of the LEL occuned; 

(ii) Date and time of the twenty per cent LEL stamp; 

(iii) Event length (seconds); 

(iv) Type ofVOC propellant being employed in the gashouse; 

(v) Average concentration ofLEL detectors in gashouse line (ppmv); 

(vi) Average flow rate (cfrn); and 

(vii) Amount ofVOC emissions (pounds). 

(i) The records required by paragraphs (RR)(4)(a) to (RR)(4)(h) of this rule shall 

be maintained for a minimum of five years and shall be available for review 
3745-21-09 106 

by the director or any authorized representative of the director during 

normal business hours. 

( 5) Reporting. 

(a) The owner or operator shall submit quarterly compliance status reports: 

(i) That identify any emission rate violation in which the emission rate 

recorded under paragraph (RR)(4)(g)(v) of this rule exceeds the VOC 

emission limitation specified in paragraph (RR)(l) of this rule; 

(ii) That identify any deviations of the requirements specified in paragraphs 

(RR)(2) and (RR)(3) of this rule, as recorded under paragraphs 

(RR)( 4)(b )(iii) and (RR)( 4)(b )(ii) of this rule, respectively; and 

(iii) That provide summaries of the records specified under paragraphs 

(RR)(4)(a) to (RR)(4)(h) of this rule. 

(b) The owner or operator shall submit to the appropriate Ohio EPA district 

office or local air agency the quarterly compliance status reports specified 

in paragraph (RR)(5)(a) of this rule. These quarterly compliance status 

reports shall be submitted by April thirtieth, July thirty-first, October thirtyfirst, and January thirty-first and shall cover the records for the previous 

calendar quarters. 

(6) Determination ofVOC emissions. 

(a) VOC emissions from liquid mixing operations. 

(i) For liquid mixing operations, the monthly VOC emissions (pounds), 

E(mixing), shall be calculated as follows: 

E(mixing) = E(loading) + (E)venting 

where: 

E(loading) = monthly VOC emissions from loading VOC liquids into 

mixing tanks 

E(venting) = monthly VOC emJssJons from venting VOC liquids 

during mixing 

(ii) For loading VOC liquid into a mixing tank, the monthly VOC emissions 

shall be calculated, based on the ideal gas law and displacement of 

saturated vapors at seventy degrees Fahrenheit (twenty-one degrees 

Celsius), as follows: 
3745-21-09 107 

E(loading) = monthly sum of Ei(loading) for all VOC liquid "i' loaded 

into mixing tanks 

Ei(loading) = (Pi * Xi * Vi * MWi)/ (R * T) 

where: 

Ei(loading) = pounds of VOC emissions during the month from loading 

VOC liquid "i" into mixing tanks 

Pi= vapor pressure ofVOC liquid "i" at seventy degrees Fahrenheit, in 

mmHg 

Xi= mole fraction ofVOC liquid "i" in liquid mix (value of one is used 

for this emissions estimate) 

Vi = volume of VOC liquid "i" charged to mixing tanks during the 

month in cubic feet (equals monthly gallons of liquid ''i" divided by 

7A8 gallons per cubic foot) 

R = nine hundred ninety-nine mmHg-cubic feet per pound moledegrees Kelvin 

T = temperature in degrees Kelvin (equals two hundred seventy-three 

plus twenty-one degrees Celsius) 

MWi =molecular weight ofVOC liquid "i", in pounds per pound mole 

(iii) For venting of VOC liquids during mixing, the monthly VOC 

emissions shall be calculated, based on the ideal gas law and venting of 

saturated vapors at eighty degrees Fahrenheit (twenty-seven degrees 

Celsius), as follows: 

E(venting) =monthly sum of Ei(venting) for all VOC liquid ''i" loaded 

into mixing tanks 

Ei(venting) =(Pi* Xi* Vi,v * MWi) I (R * T) 

where: 

Ei(venting) =pounds ofVOC emissions during the month for venting a 

VOC liquid during mixing 

Pi = vapor pressure of VOC liquid 'T' at eighty degrees Fahrenheit, in 

mmHg 
3745-21-09 108 

Xi = mole fraction of VOC liquid "i" in liquid mix (a value of one is 

used for this emissions estimate) 

Vi,v = volume (cubic feet) of saturated vapors removed by the 

ventilation system during mixing of VOC liquid "i'' (equals monthly 

gallons of VOC liquid "i" times five times thirty divided by three 

hundred fifty based on five per cent of the total ventilation flow rate or 

five cubic feet per minute, an average mixing time of thirty minutes per 

batch, and a typical batch size of three hundred and fifty gallons) 

R = nine hundred ninety-nine mmHg-cubic feet per pound moledegrees Kelvin 

T = temperature in degrees Kelvin (equals two hundred seventy-three 

plus twenty-seven degrees Celsius) 

MWi =molecular weight ofVOC liquid ''i", in pounds per pound mole 

(iv) Alternative method. 

An alternative method for calculating the monthly emissions rate for 

liquid mixing operations shall be as follows: 

E(mixing) = EFM * V(mixing) 

where: 

EFM =emission factor of 0.00131 pound VOC per pound VOC liquid 

throughput (this emission factor is based on the highest annual average 

emission factor for mixing operations during 1997 to 2000) 

V(mixing) = monthly throughput of VOC liquid employed for mixing, 

in pounds 

(v) If for any month in which the use of the alternative method described in 

paragraph (RR)(6)(a)(iv) of this rule shows noncompliance with the 

VOC emission limit, the method described in paragraphs (RR)(6)(a)(i) 

to (RR)(6)(a)(iii) of this rule shall be used to calculate monthly 

emissions for liquid mixing operations. The compliance determination 

will then be based on these more detailed calculations. 

(b) VOC emissions from liquid filling of aerosol cans. 

(i) For the liquid filling of aerosol cans, the monthly VOC emtsswns 

(pounds) shall be calculated, based on the ideal gas law and 
3745-21-09 109 

displacement of saturated vapors at seventy degrees Fahrenheit 

(twenty-one degrees Celsius) as follows: 

E(filling) = monthly sum of Ei(filling) for all VOC liquid "i" filling of 

aerosol cans 

Ei( filling) = (Pi * Xi * Vi * MWi) I (R * T) 

where: 

Ei(filling) = pounds of VOC emissions during the month for VOC 

liquid "i'' filling of aerosol cans 

Pi= vapor pressure ofVOC liquid "i" at seventy degrees Falwenheit, in 

mmHg 

Xi = mole fraction of VOC liquid "i" in liquid fill (a value of one is 

used for this emissions estimate) 

Vi = volume of VOC liquid 'T filled into aerosol cans during the 

month in cubic feet (equals monthly gallons of VOC liquid "i'' divided 

by 7.48 gallons per cubic foot) 

R = nine hundred ninety-nine mmHg-cubic feet per pound moledegrees Kelvin 

T = temperature in degrees Kelvin (equals two hundred seventy-three 

plus twenty-one degrees Celsius) 

MWi =molecular weight ofVOC liquid "i", in pounds per pound mole 

(ii) Alternative method. 

An alternative method for calculating the monthly emissions for liquid 

can filling operations shall be as follows: 

E(filling) = EFF * V(filling) 

where: 

EFF = emission factor of 0.00026 pound VOC per pound VOC liquid 

throughput (this emission factor is based on the highest annual average 

emission factor for liquid can filling operations during 1997 to 2000) 

V(filling) = monthly throughput of VOC liquid employed for can 

filling, in pounds 
3745-21-09 110 

(iii) If for any month in which the use of the alternative method described in 

paragraph (RR)(6)(b)(ii) of this rule shows noncompliance with the 

VOC emission limit, the method described in paragraph (RR)(6)(b)(ii) 

of this rule shall be used to calculate monthly emissions for liquid 

filling of aerosol cans. The compliance determination will then be 

based on these more detailed calculations. 

(c) VOC emissions from gasser (gashouse) operations. 

(i) For the gasser operations, the monthly VOC emiSSions in pounds), 

EG(total), shall be calculated as follows: 

EG(total) = EG(filling) + EG(purging) + EG(safety diversions) 

where: 

EG(filling) = monthly VOC emissions from filling aerosol cans with 

VOC propellant 

EP(purging) = monthly VOC emissions from purgmg of lines 

containing VOC propellant 

EG(safety diversions) = monthly VOC em1sswns from safety 

diversions of VOC control equipment 

(ii) For the filling of aerosol cans with VOC propellant and the purging of 

lines containing VOC propellant, the monthly VOC emissions for 

filling and line purging shall be calculated as follows: 

EG(filling) = monthly sum of (NCp,f,v) x (EFp,f) X (Kp) x (I 

Cep,v/100) x (VOCp) 

EP(purging) =monthly sum of(NPp,v) x (Vp) x (LDp) x (I- Rp) x (1-

CEp,vi!OO) x (VOCp) 

where: 

CEp,v =control efficiency for propellant '"p'" VOC emissions and type 

of venting 'V' for those emissions, based on venting ofVOC propellant 

emissions to thermal incinerator or not and the overall control 

efficiency of the thermal incinerator for VOC 

CEp,v =zero per cent if propellant "p'" VOC emissions are not vented 

to the thermal incinerator 
3745-21-09 111 

CEp,v = overall VOC control efficiency from most recent compliance 

test of the thermal incinerator, if propellant "p" VOC emissions are 

vented to the thermal incinerator 

EFp,f = emission factor for VOC propellant gas loss when filling cans 

with VOC propellant "p", based on propellant filler type 'T (under-thecup fill, needle fill, or Sepro fill) 

EFp,f = 0.2 cubic centimeters per can for needle filling of VOC 

propellant · p" 

EFp,f = 1.00 cubic centimeters per can for Sepro filling of VOC 

propellant "p" 

EFp,f = 1.75 cubic centimeters per can for under-the-cup filling of 

VOC propellant "p'' 

Kp = conversion factor for gaseous VOC propellant "p" expressed in 

pounds per cubic centimeter at standard conditions 

LDp = liquid density of VOC propellant ''p" at storage temperature and 

pressure, in pounds per gallon 

NCp,f,v = number of cans produced with VOC propellant "p'' and 

filling type "f' during the month by type of venting V' (vented to 

!henna! incinerator or not vented to thermal incinerator) 

NPp,v = number of propellant line purges during the month for VOC 

propellant "p" by type of venting 'V' (vented to thennal incinerator or 

not vented to thermal incinerator) 

Rp = fraction by weight of purged VOC propellant "p" which IS 

recovered and stored in a pressure tank 

Vp = volume of propellant line purged for VOC propellant "p", m 

gallons 

VOCp = fraction VOC by weight for VOC propellant "p" (usually one 

for a VOC containing propellant) 

(iii) Alternative method for filling and line purging. 

For gasser operations equipped with a thermal incinerator in which the 

VOC emissions from the filling of aerosol cans with VOC propellant 

are vented to the thermal incinerator and the line purging of VOC 

propellant is recovered for use as a fuel in the thermal incinerator, the 
3745-21-09 112 

monthly VOC emissions for filling and line purging shall be calculated 

as follows: 

EG(filling) + EG(purging) = EF * (NC/1 000) 

where: 

EF = VOC emissions factor from most recent compliance test of the 

thermal incinerator, expressed in pounds VOC per thousand aerosol 

cans produced (based on the September 24, 2002 compliance test, EF 

equals 0.16 pound VOC per thousand aerosol cans) 

NC =number of aerosol cans produced with VOC propellant during the 

month 

(iv) EG(safety diversions) is the sum of the VOC emissions for each safety 

diversion event during the month, as determined in accordance with 

paragraph (RR)(8) of this rule. The amount of VOC emissions in 

pounds for a safety diversion event EG( event) shall be calculated as 

follows: 

EG(event) = Cavg * MW *Flow* Time* (4.256 X 10"11 ) 

where: 

Cavg = average concentration of VOC propellant in gas stream being 

vented to ambient air during safety diversion event, in parts per million 

by volume 

MW = molecular weight of VOC propellant being employed in 

gashouse at time of safety diversion event, in pounds per pound-mole 

Flow = average flow rate of gas stream being vented to ambient air 

during safety diversion event, in cubic feet per minute 

Time = length of safety diversion event, in seconds 

4.256 x 1 o·II = constant value based on various unit conversions and 

division by the Universal Gas Constant at standard conditions 

(d) VOC emissions from manual aerosol can cleaning operations. 

For the manual aerosol can cleaning operations (can brushing operations), 

VOC emissions shall be equal to the mass of VOC solvent consumed in the 

operation. The monthly VOC emissions from can brushing shall be 

calculated as the sum of VOC emissions for all solvents consumed during 
3745-21-09 113 

that month. The VOC emiSSions from each VOC solvent consumed is 

calculated as the number of VOC solvent gallons consumed during the 

month times the VOC solvent density (pounds per gallon). 

(e) VOC emissions from can piercing operations. 

(i) For the can piecing operations, monthly VOC emissions shall be the total 

VOC emissions from propellants plus the total VOC emissions from 

liquid recovery. 

(ii) The total VOC emissions (pounds) from propellants is the sum of the 

amount of VOC propellant within all cans pierced during that month. 

For a grouping of pierced cans by type and size, the monthly amount of 

VOC propellant is calculated as the amount of propellant VOC per can 

(pounds VOC per can), which is based on the type and size category, 

times the number of cans pierced during the month for that type and 

size category. 

(iii) The total VOC emissions (pounds) fi-om liquid recovery for all cans 

pierced during a month is the sum of VOC emissions from the liquids 

(solvents) within all cans pierced during that month. The VOC 

emissions from the liquids shall be calculated, based on the ideal gas 

law and displacement of saturated vapors at eighty degrees Fahrenheit 

(twenty-seven degrees Celsius) for liquid flowing into a recovery drum 

or vessel, using the following formulas: 

E(piercing) = sum of Ei(piercing) for all VOC liquid '"i'' within the cans 

pierced in the month 

Ei(piercing) = (Pi * Xi * Vi * MWi) I (R * T) 

Vi= Wi I (7.48 * Di) 

Wi = sum of (Wi,c * Nc) for VOC liquid "i" for all cans pierced (by 

can type and size category '"c") during the month 

where: 

Di =density ofVOC liquid , in pounds per gallon 

E(piercing) = total VOC emissions from liquid recovery for all cans 

pierced in the month, in pounds 

Ei(piercing) = pounds of VOC emissiOns from VOC liquid '"i'" 

recovered from cans pierced in the month 
3745-21-09 114 

MWi =molecular weight ofVOC liquid "i", in pounds per pound mole 

Nc = number of cans pierced during the month for can type and size 

category "c" 

Pi= vapor pressure of VOC liquid "i" at eighty degrees Fahrenheit, in 

mmHg 

R = nine hundred ninety-nine mmHg-cubic feet per pound moledegrees Kelvin 

T = temperature in degrees Kelvin (equals two hundred seventy-three 

plus twenty-seven degrees Celsius) 

Xi =mole fraction of VOC liquid "i" in liquid of pierced cans (value of 

one is used for this emissions estimate) 

Vi = volume of VOC liquid "i" within pierced cans for the month, in 

cubic feet 

Wi = amount of VOC liquid "i" within the pierced cans for the month, 

in pounds 

Wi,c =amount ofVOC liquid "i" for can type and size category "c", in 

pounds per can 

7.48 = conversion factor in gallons per cubic foot 

(7) VOC emissions testing. 

The owner or operator shall conduct, or have conducted, emissions testing for 

the thermal incinerator to demonstrate the thermal incinerator's mass emission 

rate, destruction efficiency, and overall control efficiency for VOC emissions 

from this facility's gashouse operations in accordance with the following 

requirements: 

(a) The emissions testing shall be conducted within six months of March 12, 

2006, unless emissions testing had been conducted within three years prior 

to March 12, 2006 and the emissions testing demonstrated compliance with 

paragraph (RR)(2) of this rule. 

(b) For the emissions testing, the owner or operator shall meet the general 

provisions of paragraph (A) ofmle 3745-21-10 of the Administrative Code. 

(c) The emissions testing shall be conducted in accordance with the test methods 

in paragraph (C) of rule 3745-21-10 of the Administrative Code with the 
3745-21-09 115 

concentration of VOC in the thermal incinerator's inlet and outlet gas 

streams determined by means of USEPA method 25 or USEPA method 

25A. 

(d) The emission testing to determine the VOC capture efficiency of the vapor 

collection system used to transport VOC emissions from the facility's 

gashouse operations (propellant filling of aerosol cans and propellant line 

purging) to the thennal incinerator shall be conducted by means of the test 

methods specified in paragraph (C)(3)(c) of rule 3745-21-10 of the 

Administrative Code. 

(e) The emission testing shall be conducted while the facility's gashouse is 

operating at or near its maximum capacity, unless otherwise specified or 

approved by the appropriate Ohio EPA district office or local air agency. 

(f) The overall control efficiency of the thermal incinerator for VOC shall be the 

destruction efficiency times the capture efficiency divided by one hundred. 

(g) The mass emission rate of the thermal incinerator, expressed in pounds VOC 

per thousand aerosol cans produced, shall be the hourly mass emission rate 

(pounds VOC per hour) divided by the hourly production rate (one thousand 

cans per hour). 

(h) Additional testing of the gashouse and the thermal incinerator may be 

required by the director to ensure continued compliance with the applicable 

requirements. 

(8) Safety diversion events and emergency events for gasser operations being vented 

to a thermal incinerator. 

(a) A safety diversion is the venting of gasser operations directly to ambient air, 

instead of being vented to the thermal incinerator, in order to meet 

requirements of NFP A 30B: "Code for the Manufacturing and Storage of 

Aerosol Products." A safety diversion occurs when any of the lower 

explosive limit (LEL) detectors in the gashouse detects a concentration 

between twenty per cent and forty per cent of the LEL. Under a safety 

diversion, as described in NFPA 30B, Section 5.4.2(E), the ventilation rate 

of the affected gashouse line is quickly increased, the gashouse line is 

vented immediately to ambient air (i.e. thermal incinerator is bypassed), and 

production activities usually continue. Safety diversion events are less than 

five minutes and shall be included in the determination of compliance with 

the monthly VOC emission limitation of 0.75 pound VOC per thousand 

aerosol cans produced. A safety diversion event is not be a malfunction 

under paragraph (B) of rule 3745-15-06 of the Administrative Code. 
3745-21-09 116 

(b) An emergency event is a condition that shuts down the line, releases 

propellant in the gasser to atmosphere and vents the gashouse directly to 

ambient air, instead of being vented to the thermal incinerator as required 

by NFPA 30B, Section 5.12. Emergency events include safety diversions 

greater than five minutes, detected LEL concentrations greater than forty 

per cent, low flow alarms, power loss, fire alarms, explosion suppression 

systems discharge, gashouse and thermal oxidizer safety system monitoring 

device fault and emergency stops (E-Stops). An E-Stop occurs when a 

gashouse operator shuts down the line due to an observed safety issue 

caused by the gashouse operation such as employee injury, damage to 

equipment, or operation problems such as shredding of cans. The owner or 

operator shall maintain a record of the emergency events. 

(c) The VOC emissions for a safety diversion event shall be calculated based on 

the average concentration of the LEL detectors associated with the gashouse 

line, the flow rate of the gashouse line (measured with a mass flow meter), 

the propellant being filled, and the length of the event (seconds). 

(d) The owner or operator shall calibrate the LEL detectors once per month 

following the manufacturer's protocol and shall check the flow meters once 

every six months for accuracy using a pilot tube. 

(SS) On and after March 31, 1993, "'Ritrama Duramark" or any subsequent owner or 

operator of the "'Ritrama Duramark" facility located at 341 Eddy road, Cleveland, 

Ohio shall not cause, allow or permit the discharge into the ambient air of any VOC 

from the vinyl film casting line unless all of the VOC emissions are vented to an 

incinerator that is designed and operated to achieve a control efficiency of at least 

ninety-eight per cent, by weight, as determined under paragraph (C) of rule 3745-21-

10 of the Administrative Code. 

(TT) "ICI Americas Incorporated"' or any subsequent owner or operator of the "ICI 

Americas Incorporated" facility located at 364 7 Shepard road, Perry, Ohio, shall 

comply with the following requirements by no later than the date specified in 

paragraph (C)( 54) of rule 3745-21-04 of the Administrative Code: 

(!) For the tetra-hydro-phthalimide production process, the stage 1 and stage 2 

reactor vent streams shall be vented to a flare that meets the requirements of 

paragraphs (DD)(l 0)( d), (DD)(l 0)( e), and (DD)(l O)(f) of this rule. 

(2) VOC emissions from the diked area of the carbon disulfide tanks shall be reduced 

by employing styrofoam sheets which completely cover the diked area. 

(UU) "British Petroleum Company, Toledo Refinery• or any subsequent owner or 

operator of the "British Petroleum Company, Toledo Refinery" facility located at 

4001 Cedar Point road, Oregon, Ohio shall comply with the following requirements 

for VOC emissions: 
3745-21-09 117 

(1) On and after the date specified in paragraph (C)( 55)( a) of rule 3745-21-04 of the 

Administrative Code, all VOC emissions from the SPOP waterwash tower 

spentwash flash drum and the POLY waterwash tower spentwash flash drum 

shall be vented to a flare that complies with the requirements of paragraphs 

(DD)(IO)(d), (DD)(lO)(e), and (DD)(IO)(f) of this rule. 

(2) On and after the date specified in paragraph (C)(55)(b) of rule 3745-21-04 of the 

Administrative Code, all VOC emissions from the alkyl 1 blowdown drum and 

the alkyl 2 blowdown drum shall be vented to a flare that complies with the 

requirements of paragraphs (DD)(IO)(d), (DD)(lO)(e), and (DD)(IO)(f) of this 

rule. 

(3) On and after the date specified in paragraph (C)(55)(b) of rule 3745-21-04 of the 

Administrative Code, all VOC emissions from the cokers I and 2 blowdown 

drum shall be vented to a flare that complies with the requirements of 

paragraphs (DD)(IO)(d), (DD)(lO)(e), and (DD)(l O)(f) of this rule. 

(4) On and after the date specified in paragraph (C)( 55)( c) of rule 3745-21-04 of the 

Administrative Code, all process wastewater from the crude desalter shall be 

discharged to a steam stripper for the recovery of condensable hydrocarbons, 

and all VOC emissions from the steam stripper shall be vented to a flare that 

complies with the requirements of paragraphs (DD)(lO)(d), (DD)(IO)(e), and 

(DD)(lO)(f) of this rule. 

(5) On and after the date specified in paragraph (C)(55)(d) of rule 3745-21-04 of the 

Administrative Code, the barometric condensers and hot wells serving crude 

vacuum unit I and associated with cooling tower cell 6 shall be replaced with 

surface condensers (shell and tube heat exchangers). 

(6) On and after the date specified in paragraph (C)( 55)( e) of rule 3745-21-04 of the 

Administrative Code, the barometric condensers and hot wells serving crude 

vacuum unit 2 and associated with cooling tower cell 7 shall be replaced with 

surface condensers (shell and tube heat exchangers). 

(VV) "Marathon Petroleum Company LLCF or any subsequent owner or operator of the 

"Marathon Petroleum Company LLC" facility located at 2408 Gambrinus road, 

S.W., Canton, Ohio shall comply with the following requirements for VOC 

emissions: 

(1) Reserved. 

(2) On and after March 31, 1993, all VOC emissions from the asphalt oxidizer shall 

be vented to an enclosed combustion device that is operated to reduce the VOC 

emissions by at least ninety-five per cent, by weight, as determined under 

paragraph (C) of rule 3745-21-10 of the Administrative Code. 
3745-21-09 118 

(WW) (Reserved) 

(XX) "Columbus Coated Fabrics" or any subsequent owner or operator of "Columbus 

Coated Fabrics" facility located at 1280 North Grant avenue, Columbus, Ohio shall 

comply with the requirements of either paragraph (XX)(1) or (XX)(2) of this rule for 

each of the seven U-frame vinyl coating lines and the HL-40 in-line vinyl coating 

line, by no later than the dates specified in paragraph (C)( 58) ofmle 3745-21-04 of 

the Administrative Code. 

(1) A capture system and control system shall be employed which are designed and 

operated to achieve an overall control efficiency for the VOC emissions of at 

least eighty-one per cent, by weight, as determined under paragraph (C) of mle 

3745-21-10 of Administrative Code. 

(2) The VOC content of the coatings employed in the coating line, as determined 

under paragraph (B) of mle 3745-21-10 of Administrative Code, does not 

exceed 3.2 pounds per gallon of coating, excluding water and exempt solvents. 

(YY) "PMC Specialties Group" or any subsequent owner or operator of the "PMC 

Specialties Group" facility located at 50 I Murray road, Cincinnati, Ohio shall 

comply with the following requirements by no later than the dates specified in 

paragraph (C)( 59) ofmle 3745-21-04 of the Administrative Code: 

(1) Any VOC emissions from the reactor process vent streams from the methyl 

anthranilate and anthranilic acid manufacturing operations shall be vented to an 

enclosed combustion device that is designed and operated to reduce the VOC 

emissions by at least ninety-five per cent, by weight, as determined under 

paragraph (C) of rule 3745-21-10 of the Administrative Code. 

(2) For the OCBS fine chemicals system II process, the VOC emissions from the 

centrifuge vent shall not exceed twelve pounds of VOC per six thousand pounds 

of product, as determined under paragraph (C) of rule 3745-21-10 of the 

Administrative Code. 

(ZZ) "Firestone Synthetic Rubber & Latex Company" or any subsequent owner or 

operator of the "Firestone Synthetic Rubber & Latex Company'' facility located at 

381 West Wilbeth road, Akron, Ohio shall comply with the following requirements 

for the VOC emissions from the reactor processes no later than the date specified in 

paragraph (C)(60) ofmle 3745-21-04 of the Administrative Code: 

(1) Except where exempted under paragraph (ZZ)(2) of this rule, each reactor 

process vent stream shall be vented to one of the following control equipment: 
3745-21-09 119 

(a) An enclosed combustion device that is designed and operated to reduce the 

VOC emissions by at least ninety-eight per cent, by weight, as determined 

under paragraph (C) of rule 3745-21-10 of the Administrative Code; or 

(b) A flare that meets the requirements of paragraphs (DD)(!O)(d), (DD)(!O)(e), 

and (DD)(!O)(f) of this rule. 

(2) Exempted from the requirements of paragraph (ZZ)(l) of this rule are the 

following reactor process vent streams: 

(a) Any reactor process vent stream which is vented to an enclosed combustion 

device or a flare for which construction commenced prior to March 31, 

1993, provided the enclosed combustion device or flare is operated and 

maintained in accordance with design specifications. This exemption shall 

terminate if the enclosed combustion device or flare is replaced with new 

control equipment for which construction commenced on or after March 31, 

1993. 

(b) Any reactor process vent stream which is an air-bearing vent stream, which 

has a VOC concentration between the lower explosive limit and the upper 

explosive limit, and which has a total resource effectiveness value greater 

than 1.0, as determined under paragraph (EE)(3) of this rule. If the reactor 

process has more than one of these air-bearing process vent streams, the 

total resource effectiveness value shall be based upon a combination of 

those air-bearing reactor process vent streams. 

(AAA) Reserved. 

(BBB) "BFGoodrich Company Akron Chemical Plant" or any subsequent owner or 

operator of the "BFGoodrich Company Akron Chemical Plant" facility located at 

240 West Emerling avenue, Akron, Ohio shall comply with the following 

requirements by no later than the date specified in paragraph (C)(62) of rule 3745-

21-04 of the Administrative Code: 

(!) For the agerite resin D process, the VOC emissions from the recovery system 

vents and product neutralization and distillation system vents, except wash 

kettles (or still feed) condenser vents, stills vacuum jet tailpipe vents, and 

process emergency safety relief devices, shall be vented to a flare that meets the 

requirements of paragraphs (DD)(!O)(d), (DD)(lO)(e), and (DD)(lO)(f) of this 

rule. 

(2) For the superlite (trademark) process, the VOC em1sswns from the reactor 

process vent streams, except the process emergency safety relief devices, shall 

be vented to a control device that is designed and operated to achieve a control 

efficiency of at least ninety-five per cent, by weight, as detennined under 

paragraph (C) of rule 3745-21-10 of the Administrative Code. 
3745-21-09 120 

(3) For the diphenylamine-based antioxidants process, the VOC emissions from the 

reactor process vent streams, except the emulsion recovery system tank vent, 

recovered MND tank vent, and process emergency safety relief devices, shall be 

vented to a control device that is designed and operated to achieve a control 

efficiency of at least ninety-five per cent, by weight, as determined under 

paragraph (C) of rule 3745-21-10 of the Administrative Code. 

(4) For the DPPD/PHDA process, the VOC emissions from the reactor process vent 

streams, except the north and south still jet vents and process emergency safety 

relief devices, shall be vented to a control device that is designed and operated 

to achieve a control efficiency of at least ninety-four per cent, by weight, as 

determined under paragraph (C) of rule 3 7 45-21-1 0 of the Administrative Code. 

(CCC) (Reserved) 

(ODD) Gasoline dispensing facilities (stage II vapor control systems). 

(1) Except where exempted under paragraph (DDD)(4) of this rule, no owner or 

operator of a gasoline dispensing facility may cause, allow, or permit the 

transfer of gasoline from a stationary storage tank at a gasoline dispensing 

facility into a motor vehicle after the dates specified in paragraph (C)(64) of rule 

3745-21-04 of the Administrative Code unless the following requirements are 

met: 

(a) All vapors displaced from the motor vehicle are vented to a vapor control 

system which is designed and operated to maintain an overall control 

efficiency of not less than ninety-five per cent, by weight, for the VOC in 

the displaced vapors and which is CARB certified. The vapor control 

system shall employ only coaxial hoses, and the use of remote check valves 

shall be prohibited. 

(b) The vapor control system is installed, operated and maintained in accordance 

with the manufacturer's specifications and the applicable CARB 

certification, and is free of the following defects: 

(i) Any component, that is required to be employed at all times pursuant to 

the system CARB ce1iification, is absent or disconnected. 

(ii) A vapor hose is crimped or flattened such that the vapor passage is 

blocked, or the pressure drop through the vapor hose exceeds by a 

factor of two or more the requirements in the CARB certification. 

(iii) A nozzle boot is torn in one or more of the following manners: 
3745-21-09 121 

(a) A triangular-shaped or similar tear one half inch or more to a side, 

or a hole one half inch or more in length; and 

(b) A slit one inch or more in length. 

(iv) A faceplate or flexible cone is damaged in the following manner: 

(a) For balance nozzles and for nozzles for aspirator and educator assist 

type systems, the capability to achieve a seal with a fill pipe 

interface is affected for one fourth of the circumference of the 

faceplate (accumulated); and 

(b) For nozzles for vacuum assist-type systems, more than one fourth of 

the flexible cone is missing. 

(v) Nozzle shutoff mechanisms are malfunctioning in any manner. 

(vi) Vapor return lines, including such components as swivels, 

antirecirculation valves and underground piping are malfunctioning or 

are blocked, or restricted such that the pressure drop through the lines 

exceeds by a factor of two or more the requirements specified in the 

system CARB certification. 

(vii) A vapor processing unit is inoperative or malfunctioning. 

(viii) A vacuum producing device is inoperative or malfunctioning. 

(ix) Pressure/vacuum relief valves, vapor check valves, or dry breaks are 

inoperative. 

(x) Any vapor recovery equipment is leaking liquid gasoline or gasoline 

vapors. 

(xi) Any other equipment defect identified in the CARB certification as one 

which substantially impairs the effectiveness of the vapor control 

system. 

(c) The vapor control system has successfully passed the testing requirements 

contained in paragraph (DDD)(2) of this rule. 

(d) Operating instructions for the vapor control system are conspicuously posted 

in eaeh gasoline dispensing area. The operating instructions shall clearly 

describe how to properly fuel motor vehicles and shall specifically prohibit 

the topping off of the motor vehicle fuel tank. 

(2) Testing requirements: 
3745-21-09 122 

(a) Except as otherwise provided in paragraph (DDD)(2)(h) of this rule, within 

sixty days after the installation or modification of a vapor control system 

required pursuant to paragraph (DDD)(l) of this rule, the owner or operator 

of the gasoline dispensing facility shall perform and comply with the 

requirements of the following tests: 

(i) A leak test shall be performed in accordance with the test procedures 

contained in paragraph (Q) of rule 3745-21-10 of the Administrative 

Code to quantify the vapor tightness of the vapor control system. The 

vapor control system must comply with the leak rate criteria specified 

in the test procedures. 

(ii) A dynamic pressure performance test shall be performed in accordance 

with the test procedures contained in paragraph (R) of rule 3745-21-10 

of the Administrative Code to detennine the pressure drop through the 

vapor control system at prescribed flow rates. The vapor recovery 

system must comply with the dynamic back pressures shown in the 

following table: 

Nitrogen flowrate 

(standard cubic feet per 

hour) Maximum dynamic back pressure (inches of water) 

40 

60 

80 

0.16 

0.35 

0.62 

(b) For purposes of paragraph (DDD)(2)(a) of this rule, the modification of a 

vapor control system shall include the following: 

(i) Any change, such as the removal of certified components and the 

addition or removal of piping or fittings, which may cause the vapor 

control system to be incapable of maintaining an overall control 

efficiency of not less than ninety-five per cent, by weight, for the VOC 

emtsstons. 

(ii) Any change which requires an installation permit pursuant to rule 3745-

3 I -02 of the Administrative Code. 

(c) Not later than thirty days prior to any tests required pursuant to paragraphs 

(DDD)(2)( a) and (DDD)(2)( d) of this rule, the owner or operator of the 

gasoline dispensing facility shall submit a test notification to the appropriate 

Ohio EPA district office or local air agency. The test notification shall 

describe the proposed test methods and procedures, the time and date of the 
3745-21-09 123 

tests, and the person who will be conducting the tests. Failure to submit 

such notification prior to the tests may result in the Ohio EPA's refusal to 

accept the results of the tests. Personnel from the appropriate Ohio EPA 

district office or local air agency shall be permitted to witness the tests, 

examine the testing equipment, and acquire data and information during the 

tests. After completion of any tests, the owner or operator shall complete 

the post test inspection form contained in appendix C to rule 3745-21-10 of 

the Administrative Code, and a comprehensive written report on the results 

of the tests shall be submitted to the appropriate Ohio EPA distiict office or 

local air agency within thirty days following the completion of the tests. 

(d) At intervals not to exceed five years, the owner or operator of the gasoline 

dispensing facility shall repeat and demonstrate compliance with the 

requirements of the tests specified in paragraph (DDD)(2) of this rule. 

(e) The director may require the owner or operator of a gasoline dispensing 

facility to perform other tests that have been authorized by the USEP A if 

such tests are necessary to demonstrate the adequacy of a vapor control 

system. 

(f) The owner or operator of the gasoline dispensing facility shall perform and 

comply with any vapor control system tests specified in the applicable 

CARB certification. The tests shall be performed at the frequency specified 

in such certification. 

(g) Any vapor control system test conducted in accordance with the previous test 

procedures and specifications that were effective on March 31, 1993 and 

subsequently amended or deleted may be used, where appropriate, in lieu of 

the test procedures and specifications currently contained in this rule, 

provided such vapor control system test was not conducted after Janumy 17, 

1995. 

(h) Any vapor control system required by paragraph (DDD)(l) of this rule at an 

automobile or light-duty truck assembly plant that has not been tested in 

accordance with paragraph (DDD)(2)(a) of this rule as of January 17, 1995, 

shall be tested in accordance with paragraph (DDD)(2)(a) of this rule by 

July 17, 1995. 

(3) Recordkeeping requirements: 

(a) Any owner or operator of a gasoline dispensing facility which is subject to 

the requirements of paragraph (DDD)(l) of this rule shall maintain the 

following records: 

(i) The quantity of gasoline delivered to the facility during each calendar 

month. 
3745-21-09 124 

(ii) The results of any tests performed pursuant to paragraph (DDD)(2) of 

this rule. 

(iii) A log of the date and description of all repair and maintenance work 

performed (including, but not limited to, work performed to meet 

manufacturer's specifications or CARB certification requirements), or 

any other modifications made to the vapor control system. 

(iv) A copy of the most recent operating permit application (including 

emissions activity category form or appendix form) submitted to the 

Ohio EPA. 

(v) A copy of the most recent operating permit issued by the Ohio EPA. 

(vi) Proof of attendance and completion of the training required by the Ohio 

EPA for the operator or local manager of the gasoline dispensing 

facility. 

(vii) Copies of all completed post test inspection forms. 

(b) All records shall be retained by the owner or operator for a period of not less 

than three years and shall be made available to the director or any 

authorized representative of the director for review during normal business 

hours. 

(4) Exemptions: 

(a) Paragraph (DDD)(l) of this rule shall not apply to any gasoline dispensing 

facility which has a monthly gasoline throughput of less than ten thousand 

gallons per month or to any gasoline dispensing facility which is owned by 

an independent small business marketer and which has a monthly gasoline 

throughput of less than fifty thousand gallons per month. The monthly 

gasoline throughput shall be based upon the average monthly sales of 

gasoline during the period from November 16, 1990 through November 15, 

1992; however, if a gasoline dispensing facility was inactive for any portion 

of this two year calculation period, the calculation period may be extended 

to include a total of twenty-four months of activity. This exemption shall 

cease to apply to a facility if during any calendar month after November 15, 

1992, the gasoline throughput equals or exceeds ten thousand gallons or 

fifty thousand gallons, whichever is applicable. Furthermore, this exemption 

shall not apply to any facility which installed a vapor control system 

pursuant to the requirements of paragraph (DDD)(l) of this rule and the 

monthly gasoline throughput subsequently falls below ten thousand gallons 

per month or, if owned by an independent small business marketer, fifty 

thousand gallons per month. 
3745-21-09 125 

(b) Paragraph (DDD)(l) of this rule shall not apply to marmas and aircraft 

refueling stands. 

(c) The requirement in paragraphs (DDD)(l)(a) and (DDD)(l)(b) of this rule 

that refer to a CARB certification shall not apply to any vapor control 

system at an automobile or light -duty truck assembly plant. In cases where 

it has been determined that the test procedures specified in paragraph 

(DDD)(2)(a)(i) and/or (DDD)(2)(a)(ii) of this rule are not appropriate for a 

vapor control system at an automobile or light-duty truck assembly plant, 

alternative test procedures may be employed and alternative testing 

deadlines may be established provided that written, prior approval has been 

obtained from the Ohio EPA. 

(d) Paragraph (DDD)(l) of this rule shall not apply to any motor vehicle fueling 

or refueling operation which is located at an automobile or light-duty truck 

assembly plant or heavier vehicle assembly facility and which, considered 

alone, has a monthly gasoline throughput of less than ten thousand gallons 

per month. Any gasoline dispensers located within two hundred feet from 

each other shall be considered as one operation for the purpose of this 

exemption. 

(e) Paragraph (DDD)(l) of this rule shall not apply to any gasoline dispensing 

pump that is used solely for the dispensing of E85, a gasoline with an 

ethanol content of fifty-one to eighty-three per cent by volume. 

(f) Paragraph (DDD)(l) of this rule shall not apply to any gasoline dispensing 

facility where gasoline is dispensed to a fleet of motor vehicles in which 

ninety-five per cent or more of the fleet of motor vehicles being fueled with 

gasoline is equipped with onboard refueling vapor recovery. If the gasoline 

dispensing facility is located at a motor vehicle assembly plant, the fleet of 

produced motor vehicles being initially fueled with gasoline shall be 

considered separate fi'om any fleet of motor vehicles being refueled with 

gasoline. The owner or operator of a gasoline dispensing facility claiming 

this exemption shall maintain records documenting that at least ninety-five 

per cent of the fleet of motor vehicle being fueled with gasoline are 

equipped with onboard refueling vapor recovery. These records shall be 

retained by the owner or operator for a period of not less than five years and 

shall be made available to the director or any authorized representative of 

the director for review. 

[Comment: This exemption is appropriate for gasoline dispensing facilities 

located at a facility or site serving a known fleet of motor vehicle rental 

agency, govennnental agency, or motor vehicle assembly plant.] 

(g) "New gasoline dispensing facility" exemption. 
3745-21-09 126 

(i) For the purposes of this rule, a ''new gasoline dispensing facility" is 

defined as one of the following: 

(a) A facility that has not been operated as a gasoline dispensing 

facility at the location and after October 1, 2012, new underground 

storage tank systems and dispensers are installed that are 

compatible with onboard vapor recovery systems in vehicles, 

(b) A gasoline dispensing facility which loses its exemption status 

under paragraph (DDD)(4)(a) of this rule, and does the following: 

(i) Ensures that all existing dispensers, nozzles, hanging hardware, 

and piping above the shear valve are compatible with onboard 

vapor recovery systems in vehicles and replaces all existing 

hoses with low permeation hoses, 

(ii) Conducts a leak test in accordance with the test procedures 

contained in paragraph (Q) of rule 3745-21-10 of the 

Administrative Code to quantify the vapor tightness of the 

system. The system must comply with the leak rate criteria 

specified in the test procedures. 

(iii) Submits a certification statement, signed by an authorized 

representative, to the appropriate Ohio EPA district office or 

local air agency that confirms that the gasoline dispensing 

facility has complied with paragraph (DDD)( 4)(g)(i)(c) of this 

rule. The certification statement shall be submitted within 

thirty days after the leak test is conducted. 

(ii) Paragraph (DDD)(l) of this rule shall not apply to a "new gasoline 

dispensing facility" if the facility does both of the following: 

(a) Installs low permeation hoses by October 1, 2013 or within thirty 

days of starting operations, whichever occurs later. 

(b) Notifies Ohio EPA in writing that owner or operator intends to 

comply with the provisions of paragraph (DDD)(4)(g) of this rule 

within thirty days of the effective date of this rule or the 

commencement of construction. 

For the purposes of paragraph (DDD) of this rule, low permeation hoses are 

hoses meeting the requirements ofUL 330 (Seventh Edition) "Underw1iters 

Laboratories' Standard for Hose and Hose Assemblies for Dispensing 

Flammable Liquids". 
3745-21-09 127 

[Comment: Copies of the seventh edition of the standard UL 330, 

"Underwriters Laboratories' Standard for Hose and Hose Assemblies for 

Dispensing Flannnable Liquids' can be obtained from underwriters 

laboratories, 2600 N.W. Lake Rd. Camas, WA 98607-8542, Telephone: 

1.877.854.3577, Fax: 1.360.817.6278, E-mail: cec.us@us.ul.com or 

electronically at: http://www.ul.com/global/eng/pages/solutions/ 

standards/accessstandards/catalogofstandards/standardl?id=330 _7. This 

document is also available for review and use at most public libraries and 

.. The State Library of Ohio.'] 

(5) Suspension of control requirements: 

(a) If, as a result of the development of a redesignation request prepared in 

accordance with requirements of the USEPA and Section 107(d)(3)(D) of 

the Clean Air Act contained in 42 USC 7407 (d)(3)(D), the director 

determines that the stage II vapor control program is not necessa1y in an 

area to ensure the maintenance of the ambient air quality standard for ozone 

and subsequently submits an official redesignation request to the USEP A 

for approval, the director may suspend the requirements of this paragraph in 

that area. This suspension shall remain in effect until a violation of the 

ambient air quality standard for ozone is measured in the area or the 

USEP A disapproves the redesignation request. 

(b) The director also may suspend the requirements of this paragraph in the 

event that the USEP A promulgates or a federal court of last resort requires 

the USEPA to promulgate onboard (on-the-vehicle) refueling control 

standards pursuant to Section 202(a)(6) of the Clean Air Act contained in 

42 USC 752l(a)(6), unless the director determines that the stage II vapor 

control program is necessary for the attainment and/or maintenance of the 

ambient air quality standard for ozone and this determination is issued by 

the director as final findings and orders subject to public hearing 

requirements. If the director determines that the stage II vapor control 

program is not required for the maintenance of the ambient air quality 

standard for ozone after the promulgation of onboard control requirements, 

the director may suspend the requirements of this paragraph. 

(c) The director may extend the compliance date in paragraph (DDD)(4)(g)(ii) 

of this rule to install low permeation hoses, if the director detennines that 

the eqnipment is not readily available or if the equipment does not 

adequately control permeation. 

(d) Beginning January 1, 2014, or npon the effective date of this rule whichever 

is later, gasoline dispensing facilities eqnipped with stage II vapor control 

systems may start decommissioning the stage II vapor control systems in 

accordance with the following procedures: 
3745-21-09 128 

(i) Not later than fourteen days prior to decommissioning the stage II vapor 

recovery system, notify Ohio EPA or the local air agency, in writing, 

that the gasoline dispensing facility intends to decommission the stage 

II vapor recovery system and on what date the decommissioning will 

occur. 

(ii) Decommission the stage II vapor recovery system in accordance with 

the petroleum equipment institute's guidance, "Recommended Practices 

for Installation and Testing of Vapor Recovery Systems at Vehicle 

Refueling Sites, PEI/RP300-09". 

[Comment: Copies of the 2009 version of the "Recommended Practices 

for Installation and Testing of Vapor Recovery Systems at Vehicle 

Refueling Sites, PEI/RP300-09" are available from the petroleum 

equipment institute, "PO Box 2380, Tulsa, OK 74101-2380, 6514 E. 69 

Street, Tulsa, OK 74133-1729", 918-494-9696 (telephone), 918-491-

9895 (fax) or electronically on their website at: http://www.pei.org/. 

This document is also available for review and copying at most public 

libraries and "The State Library of Ohio."] 

(iii) Decommissioning shall be conducted in accordance with Petroleum 

Equipment Institute's guidance, "Recommended Practices for 

Installation and Testing of Vapor Recovery Systems at Vehicle 

Refueling Sites, PEI/RP300-09", by professional technicians who have 

received appropriate training, have all of the required tools, and possess 

applicable regulatory or equipment-manufacturer certifications, if such 

certifications are available. 

(iv) Prior to dispensing gasoline after the decommissioning has been 

completed, install low permeation hoses on all dispensers. 

Documentation of the use of low permeation hoses shall be retained for 

a period of not less than three years and shall be made available to the 

director or the director's authorized representative for review within 

seven business days of a request. 

(v) Within thirty days after the deconnnissioning has been completed, apply 

for a permit-by-rule or permit-to-install and operate for the stage I 

system in accordance with Chapter 3745-31 of the Administrative Code 

and submit a certification statement, signed by an authorized 

representative, to the appropriate Ohio EPA district office or local air 

agency that confirms that the gasoline dispensing facility has been 

decommissioned in accordance with petroleum eqnipment institute's 

guidance, "Recommended Practices for Installation and Testing of 

Vapor Recovery Systems at Vehicle Refueling Sites, PEI/RP300-09" 

and low permeation hoses have been installed on all dispensers. 
3745-21-09 129 

[Comment: This rule specifies that, after decommissioning, a facility 

apply for either a permit-by-rule or permit-to-install and operate. In the 

event that Ohio EPA has not developed a permit-by-rule for 

de<;ommissioned stage II facilities, the source owner or operator may 

apply for a permit-by-rule that conforms to the conditions of the 

appropriate permit-by-rule form consistent with the requirements of the 

rule. Ohio EPA will hold the applications in abeyance while the agency 

finalizes the amendments to rule 3745-31-03 of the Administrative 

Code to reflect the option of a decommissioned stage II facility.] 

(e) No later than January I, 2017, all gasoline dispensing facilities equipped 

with stage II vapor control systems shall have decommissioned the stage II 

vapor control systems in accordance with the procedures outlined in 

paragraph (DDD)(5)(d) of this rule. The director may extend this deadline 

one year on an individual gasoline dispensing facility basis, if the gasoline 

dispensing facility can demonstrate that it is technically infeasible to 

comply with paragraph (DDD)(5)(d) of this rule or can demonstrate 

substantial economic hardship that prevents the decommissioning. The 

gasoline dispensing facility shall receive written authorization from the 

director in order to extend the decommissioning deadline. 
3745-21-09 130 

Effective: 01/17/2014 

R.C. 119.032 review dates: 08/25/2013 

CERTIFIED ELECTRONICALLY 

Certification 

01/07/2014 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(E) 

Rule Amplifies: 3704.03(A), 3704.03(E) 

Prior Effective Dates: I 0/19/79, 3/27/81, 6/21/82, 1124/83, 5/9/86, 5/25/88, 

8/22/90, 6/14/91, 3/31/93, 1117/95, 6/15/99, 11/5/02, 

3112/06, 8/25/08, 4/2/09, 5/12/11,4/29/13 
Article II 

Copy of Public Notice and 

Director's Findings & Orders 
BEFORE THE 

' ' "' ' ' ' ,, ,, ~ ~ ! 

. ,i:icc. -· "' ~E'>HlCY'ENVIRONMENTAL PROTECTION AGENCY 

In the Matter of: 

The Adoption of Amended 

Rule 37 45-21-09 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 adoption, in final form, of the proposed amended rules of 

the Ohio Administrative Code cited above, finds: 

1. That due notice of a public hearing in this matter pursuant to the Administrative 

Procedure Act was given, that a public hearing was held on December 6, 2013 in 

Columbus, Ohio, and that all interested persons were afforded the opportunity to be 

heard; and 

2. That upon due consideration, the adoption of amended rule 3745-21-09 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 amended rule 37 45-21-09 of the Ohio Administrative Code be adopted in 

final form. 

It is further 

ORDERED that the effective date of said amended rule shall be 

JAil 1 'i 2014 

1 

I certify this to be a true and accurate copy of the 

official documents as tiled in the records of the Obio 

Environmental Protection Agency. ·· 
It is further 

ORDERED that copies of these Findings and Orders and certified copies of said amended 

rules, in final form, shall be filed with the Secretary of State, the Joint Committee on 

Agency Rule Review, and the Legislative Services Commission, as required by law. 

APPEAL RIGHTS 

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

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio 

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

the grounds upon which the appeal is based. The appeal must be filed with the 

Commission within thirty (30) days after notice of the Director's action. The appeal must be 

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce 

if by affidavit you demonstrate that payment of the full amount of the fee would cause 

extreme hardship. 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, 17th Floor 

Columbus, OH 43215 

Sc6tt J. Nally, Dir /tor 

Ohio Environme al Protection Agency 

·:thlssued at Columbus, Ohio this f day of _ _,j,c.. c""l,""n_,\i!::'rA"-'. r'-1-1/ _____ , 2-0 I ~ . I 

effl tO ''(QO:J fflSiU:~,,h· tmt}- Bt.J1l (~ ~,K~ \Jt t~td't 

oirlO srtno ab1009l e-rl1 r~i b~U~ ;~g .::~tn£HT\t.(l(J:t~ it~;jmu 

'{~Jn~A noit:)Sit.'J"I:;:::~. 

:l!llfiO 

-,---·-

2 
BEFORE THE OHIO E.P.A. 

APR 19 2013 

OHIO ENVIRONMENTAL PROTECTION ~f?~NJ{(X,csrcrrs JOURNAL 

In the Matter of: 

The Adoption of Amended 

Rule 3745-21-09 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 adoption, in final form, of the proposed amended rules of 

the Ohio Administrative Code cited above, finds: 

1. That due notice of a public hearing in this matter pursuant to the Administrative 

Procedure Act was given, that a public hearing was held on March 19, 2013 in 

Columbus, Ohio, and that all interested persons were afforded the opportunity to be 

heard; and 

2. That upon due consideration, the adoption of amended rule 37 45-21-09 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 amended rule 3745-21-09 of the Ohio Administrative Code be adopted in 

final form. 

It is further 

ORDERED that the effective date of said amended, rescinded and new rules shall be 

APR 2 9 2013 

1 

I certify this to be a true and accurate copy ,of the 

official documents as filed in the records of the Ohio 

Environmental Protection Agency. 

~==··====--
Braun, Paul 

From: 

Sent: 

To: 

Subject: 

Ohio EPA DAPC Rulemaking <paul.braun@epa.state.oh.us> 

Tuesday, January 07, 2014 5:46 PM 

Braun, Paul 

Ohio EPA DAPC Rulemaking- OAC Rule 3745-21-09, Stage II DecommissioningAdoption of Final Rule 

Adoption of Amended OAC Rnle 3745-21-09- Decommissioning of Stage II Vapor Control Systems 

Please note that the Director of Environmental Protection, under the authority of Ohio Revised Code 

Section 3704.03 has adopted amended rule 37 45-21-09 of the Administrative Code. 

Amendments were made to Ohio Administrative Code (OAC) rule 3745-21-09allowing a change in 

paragraph (DOD) to allow/require existing gasoline dispensing facilities to decommission their Stage 

II vapor recovery systems, and requires all Stage ii vapor recovery systems in the state of Ohio to be 

decommissioned by January 1, 2017. 

The amendments are being made in light of a May 9, 2012 determination by the US EPA 

Administrator that on board refueling vapor recovery (ORVR) systems are in widespread use 

throughout the motor vehicle fleet which will allow decommissioning of Stage II systems at gasoline 

dispensing facilities. The determination was published in the Federal Register on May 16, 2012 (77 

FR 28772). In light of the formal declaration by U.S. EPA that ORVR are in widespread use, Ohio 

EPA has made the amendments to paragraph (DOD) of this rule to allow existing Gasoline 

Dispensing Facilities (GDFs) to decommission their stage II systems. 

Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required to consult with interested 

parties affected by the rules before the division formally adopts them. On September 5, 2013, these 

rules went out for a 30 day review by interested parties. Pursuant to Section 119.03 of the Ohio 

Revised Code, a public hearing on these rules was conducted on December 6, 2013 in Columbus, 

Ohio. The Director's order of adoption was issued on January 7, 2014.The effective date of these 

rules is January 17,2014. 

To request a copy of this rule, obtain further information, or inspect or request copies of agency files 

and records pertaining to the proceeding contact Mr. Paul Braun, Ohio EPA, Division of Air Pollution 

Control, Lazarus Government Center, PO Box 1049, Columbus, Ohio 43216-1049 or call Mr. Paul 

Braun at (614) 644-3734. This rule is available on Ohio EPA's Web page for electronic downloading 

at: http://www.epa.ohio.gov/dapc/regs/regs.aspx. 

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

Commission (ERAC) pursuant to Ohio Revised Code Section 3745.04. The appeal must be in writing 

and set forth the action complained of and the grounds upon 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, 17th floor, Columbus, Ohio 43215. Copies of the appeal must be served upon the Director of 

1 
the Ohio EPA within three (3) days of filing 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 
Braun, Paul 

From: 

Sent: 

To: 

Subject: 

Ohio EPA - DAPC Rulemaking < paul.braun@epa.state.oh.us> 

Friday, April 19, 2013 5:06 PM 

Braun, Paul 

Ohio EPA DAPC Rulemaking OAC Rule 3745-21-09- Notice of Adoption of Rule 

Please note that the Director of Environmental Protection, under the authority of Ohio Revised Code Section 

3704.03 has adopted amended rule 3745-21-09 of the Administrative Code. 

Amendments were made to rules 3745-21-09allowing a change in paragraph (C) to increase the allowable VOC 

content and adjust reporting requirements for automobile and light-duty truck coating in lines coating less than 

35 trucks per day, and add an exemption in paragraph (DDD) for New Service Stations from the requirements 

to install Stage II vapor recovery systems. 

Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required to consult with interested parties 

affected by the rules before the division formally adopts them. On January 14,2013, these rules went out for a 

30 day review by interested parties. Pursuant to Section 119.03 of the Ohio Revised Code, a public hearing on 

these rules was conducted on March 19, 2013 in Columbus, Ohio. The Director's order of adoption was issued 

on April 19, 2013. The effective date of these rules is Monday, April 29, 2013. 

To request a eopy of this rule, obtain further infonnation, or inspect or request copies of agency files and 

records pertaining to the proceeding contact Mr. Paul Braun, Ohio EPA, Division of Air Pollution Control, 

Lazarus Government Center, PO Box 1049, Columbus, Ohio 43216-1049 or eall Mr. Paul Braun at (614) 644-

3 734. This rule is available on Ohio EPA's Web page for electronic downloading at: 

http://www.epa.ohio.gov/dapc/regs/regs.aspx. 

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

(ERA C) pursuant to Ohio Revised Code Section 3745.04. The appeal must be in writing and set forth the action 

complained of and the grounds upon 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, 17th floor, Columbus, Ohio 43215. 

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

1 
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 February 11, 2013 

for the April 29, 2013 rule amendment and on October 28, 2013 for the January 17, 2014 

rule amendment. Ohio EPA held a public hearing for each rule amendment, March 19, 

2013 for the April 29, 2013 amendments and December 6, 2013 for the January 17, 2014 

rule amendments. Both hearings were held at Ohio EPA offices in Columbus, Ohio. Both 

hearings were held more than 30 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 for each hearing in the major newspapers 

throughout the state. Copies can be provided upon request. 

2. ORC 119.03(B ): 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 hearings on March 19, 2013 for the April 29, 2013 

amendments and December 6, 2013 for the January 17, 2014 rule amendments as 

identified in the Public Hearing notices. A copy of the hearings transcript may be provided 

upon request. 

4. ORC 119.03(D): 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 rule making in 

Ohio. A hearing was held with JCARR on April 8, 2013 for the April 29, 2013 

amendments and December 11, 2013 for the January 17, 2014 rule amendments where 

these rules were placed on the consent agenda as noted in Attachment C. No testimony, 
questions or invalidation of the rules occurred during this hearing. JCARR jurisdiction 

expired on April17, 2013 for the April29, 2013 amendments and January 1, 2014 for the 

January 17, 2014 rule amendments as evidenced by the JCARR consent agenda. 

Ohio EPA issued the order to adopt the rules on April 19, 2013 for the April 29, 2013 

amendments and January 7, 2014 for the January 17, 2014 rule amendments 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 April 19, 2013 for the April 29, 

2013 amendments and January 7, 2014 for the January 17, 2014 rule amendments. 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 January 14, 2013 for the April 29, 2013 amendments and September 5, 2013 for the 

January 17,2014 rule amendments. Ohio EPA notified interested parties via e-mail of the 

draft rule language. A copy of the notification may be provided upon request. We 

provided a 14-day comment period closing January 25, 2013 for the April 29, 2013 

amendments and a 30-day comment period closing October 7, 2013 for the January 17, 

2014 rule amendments. 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 (C) of the ERAF for each rule, Ohio EPA stated the adoption of this 

rule is required in order to maintain approval to administer a federal environmental law. 

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

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

documents in list form. 
Article Ill 

Attachment A 

Letter to Secretary of State and 

Director of LSC 
Elecfrcni Ru Jilinf 

The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse Level 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) purs

the Ohio Revised Code. 

Package Number: 101697 

File Date and Time: 02/11/2013 08:55AM 

Confirmation Number: a 775c78ffe48b0cd4f1 f27 e69482bb30 

ORIGINAL FILE 

Rule Number Type FYR CSI JE Date Eff Date 

3745-21-09 Amendment N y 04/17/2013 

Page 1 

Next FYR Tag line 

Control of emissions of vo

stationary sources and per

facilities. 
Eltcfranic Ru 

The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse Level 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) purs

the Ohio Revised Code. 

Package Number: 

File Date and Time: 

Confirmation Number: 

ORIGINAL FILE 

Rule Number Type 

112837 

10/28/2013 08:27AM 

9930e6fa9dd317a62e423567420c8 

FYR CSI JE Date Eff Date 

3745-21-09 Amendment N y 01/01/2014 

Page 1 

Next FYR Tagline 

Control of emissions of vo

stationary sources and pe

facilities. 
Article Ill 

Attachment B 

RSFAs 
Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agencv 

Agency Name 

Division of Air Pollution Control <DAPC) 

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. Braun 

Contact 

614-644-2270 

Phone 

3745-21-09 AMENDMENT 

Rule Number TYPE of rule filing 

614-644-3681 

Fax 

Rule Title/Tag Line Control of emissions of volatile organic compounds from 

stationary sources and perchloroethylene from dry cleaning 

facilities. 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: ll9.03 

4. Statute(s) authorizing 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 proposed to amend rule language in paragraph (DDD) as 

described below. 

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;/; ·,; ,,, '' .-, .. 36'<!'• 
Page 2 Rule Number: 3745-21-09 

then summarize the content of the rule: 

On May 9, 2012, the US EPA Administrator signed a notice of final rulemaking 

determining that onboard refueling vapor recovery (ORVR) systems are in 

widespread use throughout the motor vehicle fleet which was published in the 

Federal Register on May 16,2012 (77 FR 28772). In that notice the Administrator 

also exercised her authority to waive the statutory requirement that Serious, Severe, 

and Extreme ozone nonattainment areas adopt and implement EPA programs 

requiring Stage II vapor recovery systems at certain gasoline dispensing facilities 

(GDFs). The current stage II vapor control requirements are applicable to GDFs in 

the Cleveland, Cincinnati, and Dayton metropolitan areas (24 counties in total). 

These counties had been designated as "moderate" ozone non-attainment under the 

1990 Clean Air Act Amendments. U.S. EPA allows states to drop the Stage II 

vapor control requirements if the state "makes up" the emission reductions as part 

of the Stage II requirements removal. Ohio EPA has conducted an emissions 

analysis and has determined the Stage II program will no longer provide any 

emission reduction benefits in 2017. 

In light of the formal declaration by U.S. EPA that the ORVR are in widespread 

use, Ohio EPA has determined that it is necessary to make amendment to paragraph 

(DDD) of this rule allowing existing GDFs to decommission their stage II systems. 

Ohio EPA previously amended this rule on April29, 2013, exempting new GDFs 

from the Stage II requirements. 

Specifically, Ohio EPA is deleting paragraph (DDD)(4)(g)(i)(b) from the rule and 

adding paragraphs (DDD)(5)(d) and (DDD)(5)(e). Paragraph (DDD)(5)(d) contains 

the requirements to be followed when decommissioning a Stage II system at an 

existing GDF. The requirements of paragraph (DDD)(5)(d) will become effective 

January 1, 2014 or upon the effective date of the amended rule, whichever is later. 

Paragraph (DDD)(5)(e) requires that, by January 1, 2017, all existing GDFs with a 

Stage II vapor control system will have decommissioned that system according to 

the requirements of paragraph (DDD)(5)(d). Paragraph (DDD)(5)(e) also allows 

exemptions from decommissioning for GDFs that can demonstrate that is either 

infeasible to remove their systems or a substantial economic hardship. This 

exemption allows an extension of one year to the deadline for these facilities. 

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: 
Page 3 Rule Number: 3745-21-09 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such 

references from 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 (USC) and acts of 

congress. 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 ofORC 121.71 through 121.74. 

The rule also contains eferences to analytical test methods used to detennine 

parameters for materials subject to this rule or other materials utilized by regulators 

and impacted parties to determine or achieve compliance with these rules. These 

test methods and materials are commonly known and utilized by laboratories 

performing this type of analytical work. Copies of these test methods are available 

in libraries and the website for (ASTM, ANSI, NFPA, NACE, etc.). 

Referenced materials are cited, dated and availability noted in paragraph (JJ) of rule 

3745-21-01 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: 
Page 4 Rule Number: 3745-21-09 

Not Applicable. 

12.119.032 Rule Review Date: 8/25/2013 

(If the rule is not exempt and you answered NO to question No. 1, provide the 

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase I 

decrease either revenues I expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0.00 

Not Applicable 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable 

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 is applicable to emissions ofVOCs from stationary sources in the state of 

Ohio. This rule has been in effect in Ohio for more than 30 years and in that time 

has been applied to thousands of sources operating in the state. This rule is an 

important part of Ohio's state implementation plan (SIP) to attain and maintain the 

national ambient air quality standards (NAAQS) as required in Section 110 of the 

Clean Air Act. 

The proposed amendment in paragraph (DDD) of this rule deal with the 

requirements for gasoline dispensing facilities to employ stage II vapor control 
Page 5 Rule Number: 3745-21-09 

systems. The amendments eliminates the requirements for "existing gasoline 

service stations" to continue to operate stage II systems. This is in addition to an 

exemption adopted earlier this year (May, 2013) eliminating the requirements for 

new and modified gasoline dispensing facilities. 

Industry sources estimate that existing facilities will experience a savings of 

between $2,000 and $4,000 per year in testing and maintenance costs for the stage 

II system that will no longer be necessary. 

Ohio EPA's amendments do require facilities to replace these stage II systems with 

low-permeation hoses and to provide a one-time letter documenting that the facility 

has eliminated its stage II system in compliance with the rules. Ohio EPA estimates 

that the requirement for low-permeation hoses will add approximately $300 per 

year in maintenance costs for each facility and that the one-time letter will cost the 

facility between $100 and $500 to prepare. Overall, the net savings to existing 

facilities that eliminate their stage II systems under this rule will be $1,700 to 

$3,700 per year in addition to the capital cost savings. 

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 Environmentalmle Adoption/ Amendment Form in order to 

comply with Am. Sub. 106 of the 12lst General Assembly. 

S.B. 2 (129th General Assembly! Questions 

18. Has this rule been filed with the Common Sense Initiative Office pursuant to 

R.C.121.82?Yes 

19. Specific to this rule, answer the following: 

A.) Does this rule require a license, permit, or any other prior authorization to 

engage in or operate a line of business? No 

This mle is frequently cited in permits-to-install (PTI) and permits-to-install and 

operate (PTIO) issued by Ohio EPA pursuant to the requirements of OAC chapter 

3745-31, but the rule itself does not require that the facility obtain such permit. 

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 
Page 6 Rule Number: 3745-21-09 

The penalties for non-compliance with the requirements of this rule are listed 

elsewhere in the administrative and revised codes. 

C.) Does this rule require specific expenditures or the report of information as a 

condition of compliance? Yes 

This rule does outline reporting and recordkeeping requirements. The amendments 

to this rule reduce the requirements on existing Gasoline Dispensing Facilities by 

removing their requirements for operation of Stage II vapor recovery systems and 

the associated recordkeeping and reporting. Based on Ohio EPA's analysis, these 

reporting requirements can be removed and still be protective of the environment. 
Page E-1 Rule Number: 3745-21-09 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

( 1) Consult with organizations that represent political subdivisions, environmental 

interests, business interests, and other persons affected by the proposed rule or 

amendment. 

(2) Consider documentation relevant to the need for, the environmental benefits or 

consequences of, other benefits of, and the technological feasibility of the 

proposed rule or rule amendment. 

(3) Specifically identify whether the proposed rule or rule amendment is being adopted 

or amended to enable the state to obtain or maintain approval to administer and 

enforce a federal environmental law or to participate in a federal environmental 

program, whether the proposed rule or rule amendment is more stringent than its 

federal counterpart, and, if the proposed rule or rule amendment is more 

stringent, the rationale for not incorporating its federal counterpart. 

(4) Include with the proposed rule or rule amendment and rule summary and fiscal 

analysis required to be filed with the Joint Committee on Agency Rule Review 

information relevant to the previously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

interests, business interests, and other persons affected by the proposed 

rule or amendment consulted? Yes 

Please list each contact. 

Ohio EPA invited interested parties to comment on this rule during the period of 

September 5, 2013 to October 7, 2013. No comments were received on the 

proposed amendments. A list of interested parties will be furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

benefits or consequences of, other benefits of, and the technological 

feasibility of the proposed rule or amendment considered ? Yes 

Please list the information provided and attach a copy of each piece of 

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED 

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

Clean Air Act 

Federal guidance on Stage II elimination 
Page E-2 Rule Number: 3745-21-09 

Discussions and Meetings with Industry and Trade Associations from the Gasoline 

Dispensing Industry 

LSC Style and Formatting Manual. 

(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 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) 

Paui.Braun@epa.ohio.gov 

Email 

Paul J. Braun 

Contact 

614-644-2270 

Phone 

3745-21-09 AMENDMENT 

Rule Number TYPE of rule filing 

614-644-3681 

Fax 

Rule Title/Tag Line Control of emissions of volatile organic compounds from 

stationary sources and perchloroethylene from dry cleaning 

facilities. 

RULE SUMMARY 

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

review? No 

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

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

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

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

This rule is being proposed to amend rule language in paragraphs (C) and (DDD) as 

described below. 

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, 

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

,;.,,,.,,,, 'fl 1:,,--c j 1/•\;·,•c;.i ;;, h \,\·· 
Page 2 Rule Number: 3745-21-09 

then summarize the content of the rule: 

Rule 3745-21-09 of the Administrative Code contains requirements for the control 

of emissions of volatile organic compounds (VOCs) from stationary sources. The 

rule contains VOC emission requirements for over 50 different sources. Ohio EPA 

is amending rule language is two paragraphs: paragraph (C) related to the coating 

of automobiles and light-duty trucks, and paragraph (DDD) related to the control of 

emissions ofVOCs using Stage II vapor controls at gasoline service stations. 

Paragraph (C) Amendments: 

DAPC has amended paragraph (C) ofOAC rule 3745-21-09 to include a change in 

the allowable VOC content of coatings used in lines coating fewer than 35 vehicles 

per day. The daily vehicle quantity is based on an existing exemption in paragraph 

(U)(2)(d) of this rule. 

The allowable uncontrolled VOC content for these facilities, found in new 

paragraph (C)(6), is 5.0 pounds per gallon for guidecoats, automotive 

primer-sealers and automotive primer-surfacers, and 5.4 pounds per gallon for 

topcoats. Manufacturers may also use coatings containing 15.6 pounds ofVOC per 

gallon of solids and 20.3 pounds ofVOC per gallon of solids respectively if they 

employ a control system. The new rule language also contains reductions in 

recordkeeping and reporting requirements for these coating lines. 

Paragraph (DDD) Amendments: 

On May 9, 2012, the US EPA Administrator signed a notice offinalmlemaking 

determining that onboard refueling vapor recovery (ORVR) systems are in 

widespread use throughout the motor vehicle fleet which was published in the 

Federal Register on May 16,2012 (77 FR 28772). In that notice the Administrator 

also exercised her authority to waive the statutory requirement that Serious, Severe, 

and Extreme ozone nonattainment areas adopt and implement EPA programs 

requiring Stage II vapor recovery systems at certain gasoline dispensing facilities 

(GDFs). The current stage II vapor control requirements are applicable to GDFs in 

the Cleveland, Cincinnati, and Dayton metropolitan areas (24 counties in total). 

These counties had been designated as "moderate" ozone non-attainment under the 

1990 Clean Air Act Amendments. U.S. EPA allows states to drop the Stage II 

vapor control requirements if the state "makes up" the emission reductions as part 

of the Stage II requirements removal. Ohio EPA has conducted an emissions 

analysis and has determined the Stage II program will no longer provide any 

emission reduction benefits in 2017. Ohio EPA will be working on a request to US 

EPA to amend our SIP to remove the Stage II program for existing stations, 

provided Ohio EPA can implement another emission reduction program to make up 

the emission reduction credits from the removal of Stage II. 

In light of the formal declaration by U.S. EPA that the ORVR are in widespread 
Page 3 Rule Number: 3745-21-09 

use, Ohio EPA has determined that it is necessary to write an exemption into 

paragraph (DDD) of rule 3745-21-09 to allow new stations to avoid the 

requirements to install and operate unnecessary Stage II vapor controls. A number 

of new GDFs are being constructed and will be constructed prior to the approved 

phase-out date and Ohio EPA believes that the capital costs for installing a Stage II 

system for a short period of time are not warranted; therefore, DAPC has developed 

the proposed language in paragraph (DDD) with the help of potentially affected 

groups to assure that the language addresses the appropriate facilities, while not 

eliminating the requirements for existing stations prematurely. 

Ohio EPA also added the term "heavier vehicle assembly facility" to paragraph 

(DDD)( 4)( d) based on a comment received from a potentially affected party. Ohio 

EPA added the term because systems operated at the heavier vehicle facilities are 

essentially identical to those at automobile and light-duty truck assembly plants. 

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 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 l21.75(D) exempts such references from the requirements ofORC 121.71 

through 121.74. 

This rule also contains references to the United States Code (USC) and acts of 

congress. 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 l21.75(D) exempts such references 

from the requirements ofORC 121.71 through 121.74. 

The rule also contains eferences to analytical test methods used to determine 

parameters for materials subject to this rule or other materials utilized by regulators 

and impacted parties to detennine or achieve compliance with these rules. These 

test methods and materials are commonly known and utilized by laboratories 

perfonning this type of analytical work. Copies of these test methods are available 

in libraries and the website for (ASTM, ANSI, NFPA, NACE, etc.)." 
Page4 Rule Number: 3745-21-09 

Referenced materials are cited, dated and availability noted in paragraph (JJ) of rule 

3745-21-01 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: 

The rule is being revised to upload a corrected public hearing notice. The hearing 

notice was corrected to clear up a typo which was causing ambiguity about the end 

of the comment period. The public hearing and comment period end are both 

March 19, 2013. 

No other changes were made to the rule language, RSF A, ERAF or CSI docmnents 

12. 119.032 Rule Review Date: 8/25/2013 

(If the rule is not exempt and you answered NO to question No. 1, provide the 

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANAL YS/S 

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 
Page 5 Rule Number: 3745-21-09 

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 is applicable to emissions ofVOCs from stationary sources in the state of 

Ohio. This rule has been in effect in Ohio for more than 30 years and in that time 

has been applied to thousands of sources operating in the state. This rule is an 

important part of Ohio's state implementation plan (SIP) to attain and maintain the 

national ambient air quality standards (NAAQS) as required in Section 110 of the 

Clean Air Act. 

The two proposed amendments in this rulemaking establish exemptions which 

actually relieve sources from requirements which Ohio EPA and/or U.S. EPA have 

identified as unnecessary and not environmentally friendly. 

The amendments made to paragraph (C) of this rule deal with the coating of 

automobiles and light trucks. Ohio EPA is adding an exemption for facilities that 

coat 35 vehicles or less per day. The exemption includes a change in the allowable 

VOC content of coatings and a reduction in recordkeeping requirements. These 

changes reduce both manpower and material costs for the facilities, and while these 

costs are difficult to specifically quantify, they are not insignificant (several 

thousand dollars per year per coating line). 

The amendments made to paragraph (DDD) of this rule deal with the requirements 

for gasoline dispensing facilities to employ stage II vapor control systems. The 

amendments eliminates the requirements for "new gasoline service stations" to 

install stage II systems. This includes both newly constructed stations as well as 

existing stations that are undergoing complete demolition and rebuilding (basically 

becoming a new facility). 

For new facilities, U.S. EPA estimates that each facility will realize a savings of 

between $20,000 and $60,000 in capital and installation costs by not installing a 

stage II system during the construction of the facility. This is in addition to the 
Page 6 Rule Number: 3745-21-09 

savings in testing and maintenance costs for the stage II system that they will not 

have to incur once they begin operations. U.S. EPA has estimated this to be 

between $2,000 and $4,000 per year. 

Ohio EPA's amendments do require facilities to replace these stage II systems with 

low-penneation hoses and to provide a one-time letter documenting that the facility 

has eliminated its stage II system in compliance with the rules. Ohio EPA estimates 

that the requirement for low-permeation hoses will add approximately $300 per 

year in maintenance costs for each facility and that the one-time letter will cost the 

facility between $100 and $500 to prepare. Overall, the net savings to existing 

facilities that eliminate their stage II systems under this rule will be $1,700 to 3,700 

per year in addition to the capital cost savings. 

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 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 

This rule is frequently cited in permits-to-install (PTI) and permits-to-install and 

operate (PTIO) issued by Ohio EPA pursuant to the requirements of OAC chapter 

3 7 45-31, but the rule itself does not require that the facility obtain such permit. 

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 

The penalties for non-compliance with the requirements of this rule are listed 

elsewhere in the administrative and revised codes. 

C.) Does this rule require specific expenditures or the report of information as a 
Page 7 Rule Number: 3745-21-09 

condition of compliance? Yes 

This rule does outline reporting and recordkeeping requirements as noted in the 

Business Impact Analysis submitted to the CSI office. One of the primary reasons 

for the amendments in this rulemaking is to reduce these requirements for small 

automotive and light-duty truck coating lines and facilities no longer needing Stage 

II vapor recovery systems. 
Page E-1 Rule Number: 3745-21-09 

Environmental Rule Adoption/Amendment Form 

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule 

or an amendment to a rule dealing with environmental protection, or containing a 

component dealing with environmental protection, a state agency shall: 

(1) Consult with organizations that represent political subdivisions, environmental 

interests, business interests, and other persons affected by the proposed rule or 

amendment. 

(2) Consider documentation relevant to the need for, the environmental benefits or 

consequences of, other benefits of, and the technological feasibility of the 

proposed rule or rule amendment. 

(3) Specifically identify whether the proposed rule or rule amendment is being adopted 

· or amended to enable the state to obtain or maintain approval to administer and 

enforce a federal environmental law or to participate in a federal environmental 

program, whether the proposed rule or rule amendment is more stringent than its 

federal counterpart, and, if the proposed rule or rule amendment is more 

stringent, the rationale for not incorporating its federal counterpart. 

(4) Include with the proposed rule or rule amendment and rule summary and fiscal 

analysis required to be filed with the Joint Committee on Agency Rule Review 

information relevant to the prev"tously listed requirements. 

(A) Were organizations that represent political subdivisions, environmental 

interests, business interests, and other persons affected by the proposed 

rule or amendment consulted? Yes 

Please list each contact. 

Ohio EPA invited interested parties to comment on this rule during the period of 

January 14, 2013 to January 25,2013. Comments received were considered and 

appropriate revisions to the rules were made. A list of interested parties will be 

furnished upon request. 

(B) Was documentation that is relevant to the need for, the environmental 

benefits or consequences of, other benefits of, and the technological 

feasibility of the proposed rule or amendment considered? Yes 

Please list the information provided and attach a copy of each piece of 

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED 

IN LIEU OF THE ACTUAL DOCUMENTATION.) 

---··-----~--~------------
Page E-2 Rule Number: 3745-21-09 

Clean Air Act. 

Federal guidance on Stage II elimination 

Comments from interested parties. 

LSC Style and Formatting Manual. 

(C) Is the proposed rule or rule amendment being adopted or amended to enable 

the state to obtain or maintain approval to administer and enforce a federal 

environmental law or to participate in a federal environmental program ? 

Yes 

Is the proposed rule or rule amendment more stringent than its federal 

counterpart? No 

Not Applicable 

(D) If this is a rule amendment that is being adopted under a state statute that 

establishes standards with which the amendment is to comply, is the 

proposed rule amendment more stringent than the rule that it is proposing 

to amend? No 
Article Ill 

Attachment C 

JCARR Agenda 
JOINT COMMITTEE ON AGENCY RULE REVIEW 

Agenda- 12/1112013- 11:00 A.M. 

Statehouse Hearing Room 114(Rutherford B. Hayes) 

TENTATIVE AGENDA TEN

1 Accountancy Board • 

Total Rules: 1 Original Filing Date: 11/1/2013 

Rule Type Action .Q£ FYR Rule Number 

Rescission Original Filing Yes Yes 

2 Attornev General • Consumer Protection 

Total Rules: 1 Original Filing Date: 10/8/2013 

Rule Type Action .Q£ FYR 

Amendment Original Filing No No 

4701-3-06 

Rule Number 

109:4-3-16 

3 Attorney General • Peace Officer Training Commission 

Total Rules: 1 Original Filing Date: 10/31/2013 

Rule Type Action CSI FYR Rule Number 

Amendment Original Filing No Yes 109:2-1-09 

4 Attorney General • Peace Officer Training Commission 

Total Rules: 1 Original Filing Date: 10/31/2013 

Ryl!l Type Action CSI FYR Rule Number 

Amendment Original Filing No Yes 1 09:2-13-04 

5 Attorney General • Sweell§lak!!§ 

Total Rules: 4 Original Filing Date: 11/1/2013 

Rule Type Action CSI FYR Rule Number 

New Rule Original Filing No No 109:9-1-01 

New Rule Original Filing No No 109:9-1-02 New Rule Original Filing No No 109:9-1-03 New Rule Original Filing No No 109:9-1-04 

Consent 

Jurisdiction Ends: 1/5/2014 

Rule Title 

Conditional application for the CPA examination. 

Jurisdiction Ends: 12/12/2013 

Rule Title 

Advertisement and sale of motor vehicles. 

Rule Title 

Attendance. 

Rule Title 

Jurisdiction Ends: 1/4/2014 

Jurisdiction Ends: 1/4/2014 

Approval of instructors. 

Jurisdiction Ends: 1/5/2014 

Rule Title 

Sweepstakes registration. 

Application for certificate of compliance. 

Monthly reports. 

Semi-annual reports. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 1• 12111
6 

7 

8 

TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/ll/2013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Board of Nursing • 

Total Rules: 9 Original Filing Date: 10/17/2013 

Ryle Action CSI FYR 

Amendment Original Filing Yes Yes 

Amendment Original Filing Yes Yes 

Amendment Original Filing Yes Yes 

Amendment Original Filing Yes Yes Amendment Original Filing Yes Yes Amendment Original Filing Yes Yes 

Rescission Original Filing Yes Yes 

New Rule Original Filing Yes No 

Amendment Original Filing Yes Yes 

Board of Nursing • 

Total Rules: 4 Original Filing Date: 10/17/2013 

Rule Action CSI FYR 

Amendment Original Filing Yes Yes 

Amendment Original Filing Yes Yes 

Amendment Original Filing Yes Yes 

Amendment Original Filing Yes Yes 

Total Rules: 1 Original Filing Date: 10/17/2013 

Rule Type Action l&J. FYR 

Amendment Revised Filing Yes Yes 

Boarg of Nursing • 

Total Rules: 13 Original Filing Date: 10/17/2013 

Rule Action CSI FYR 

Rescission Original Filing Yes Yes 

New Rule Original Filing Yes No 

Amendment Original Filing Yes Yes 

Amendment Original Filing Yes Yes 

Rule Number 

4723-4-01 4723-4-03 

4723-4-04 

4723-4-05 4723-4-06 4723-4-07 4723-4-08 4723-4-08 4723-4-09 

Rule Number 

4723-6-01 4723-6-03 

Jurisdiction Ends: 12/21/2013 

Rule Title 

General information. 

Standards relating to competent practice as a regis

Standards relating to competent practice as a licen

Standards relating to competent practice as a certif

nurse practitioner, certified registered nurse anesth

Standards of nursing practice promoting client safeStandards for applying the nursing process as a re

Standards for applying the nursing process as a lic

Standards for applying the nursing process as a lic

Specialty certification. 

Rule Title 

Definitions. 

Jurisdiction Ends: 12/21/2013 

Terms and conditions a participant must meet to su

alternative program for chemical dependency. 

4723-6-04 Successful completion of the alternative program fo4723-6-06 Confidentiality regarding the alternative program fo

Date of Revised Filing: 11/20/2013 Jurisdiction Ends: 12/21/2013 

Rule Number Rule Title 

4723-6-02 

Rule Number 

4723-18-01 4723-18-01 4723-18-02 

4723-18-03 

Eligibility requirements for participation in the altern

dependency. 

Rule Title 

Definitions. Definitions. 

Jurisdiction Ends: 12/21/2013 

Process and criteria to use when identifying an indi

Eligibility requirements for participation in the practi

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) • www.jcarr.state.oh.us • Page 2 • 12/111
9 

TENTATIVE AGENDA 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Rescission Original Filing Yes 

New Rule Original Filing Yes 

Amendment Original Filing Yes Amendment Original Filing Yes 

Rescission Original Filing Yes 

New Rule Original Filing Yes 

Amendment Original Filing Yes 

Board of Nursing • 

Yes 

Yes Yes 

No 

Yes 

Yes Yes 

No 

Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

4723-18-04 4723-18-05 4723-18-06 

4723-18-06 

4723-18-07 4723-18-08 4723-18-09 4723-18-09 4723-18-10 

improvement program (PIIP). 

Provisions of the participatory agreement for the p

improvement program (PIIP). 

Grounds for termination from the practice intervent

(PIIP). 

Requirements for educational providers. 

Requirements for educational intervention. 

Standards and procedures for remediation. 

Standards and procedures for workplace monitorin

Terms and conditions a participant must meet to s

intervention and improvement program (PIIP). 

Terms and conditions a participant must meet to s

intervention and improvement program (PIIP). 

Confidentiality of records for the practice interventi

(PIIP). 

Total Rules: 3 Original Filing Date: 10/17/2013 Jurisdiction Ends: 12/21/2013 

Rule Tl(Qe Action CSI 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

FYR 

Yes 

Yes 

Yes 

Rule Number 

4723-20-01 

4723-20-03 

4723-20-07 

Rule Title 

Definitions pertaining to prevention of disease tran

Hand hygiene. 

Failure to use standard precautions. 

10 Board of Nursing • 

Total Rules: 10 Original Filing Date: 10/17/2013 Jurisdiction Ends: 12/21/2013 

Rule Tl(Qe Action CSI 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

FYR 

No 

No 

No No No No No 

No 

Rule Number 

4723-5-04 4723-5-06 

4723-5-08 4723-7-07 4723-27-02 4723-27-06 4723-27-07 

4723-27-08 

Rule Title 

Procedure for board determination of a program's s

Survey visits, reports, and response by the adminis

visit report. 

Requirements for seeking conditional approval. 

Original certificate and license. 

Standards of safe medication administration by a c

Continuing education requirements. 

Medication aide training programs. 

Standard minimum curriculum for medication aide 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street· Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 3 • 12/11/
TENTATIVE AGENDA 

Amendment Original Filing Yes No Amendment Original Filing Yes No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013 -11:00 A.M. 

Statehouse Hearing Room 114(Rutherford B. Hayes) 

TEN

4 723-27-09 Disciplinary actions against certified medication aid4723-27-10 Fees. 

Total Rules: 1 Original Filing Date: 10/17/2013 Date of Revised Filing: 10/31/2013 Jurisdiction Ends: 12/21/2013 

Rule Action CSI FYR 

Amendment Revised Filing Yes No 

Total Rules: 9 Original Filing Date: 10/17/2013 

Ryle Action CSI FYR 

Amendment Revised Filing Yes No 

Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No 

11 Board of !!!Yr!!ing • 

Total Rules: 18 Original Filing Date: 10/17/2013 

Rule Action CSI FYR 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Rescission Original Filing Yes Yes 

New Rule Original Filing Yes No 

Rescission Original Filing Yes Yes 

Rescission Original Filing Yes Yes 

Rule Number Rule Title 

4 723-5-12 Program policies. 

Date of Revised Filing: 11/20/2013 Jurisdiction Ends: 12/21/2013 

Rule Number 

4723-7-02 4723-7-03 4723-7-04 4723-7-05 4723-7-06 4723-7-08 4723-7-09 4723-27-04 

4723-27-05 

Rule Number 

4 723-8-01 

4723-8-02 4723-8-03 4723-8-04 4723-8-05 4723-8-10 4723-9-09 4723-23-01 4723-23-01 4723-23-02 4723-23-03 

Rule Title Requirements and application for licensure by exam

Authorization to test, accommodations, retesting, a

Requirements for licensure for foreign educated nu

Registered nurse licensure by endorsement. 

Practical nurse licensure by endorsement. 

Replacement of documents issued by the board. 

Licensure renewal. 

Certification as a medication aide. 

Renewal of a medication aide certificate. 

Rule Title 

Definitions. 

Jurisdiction Ends: 12/21/2013 

Standards of practice. 

Title protection. 

Standard care arrangement for a certified nurse-mi

practitioner, and clinical nurse specialist. 

Quality assurance standards. 

Continuing education requirements. 

Standards of prescribing for nurses with a certificat

Definitions. Definitions. 

Standards and procedures for obtaining a tempora

dialysis technician. 

Standards and procedures for obtaining an initial ce

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 4 • 12111!
TENTATIVE AGENDA 

Rescission Original Filing No Yes 

Rescission Original Filing Yes Yes 

Amendment Original Filing Yes No Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Rescission Original Filing No Yes 

Amendment Original Filing Yes No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford a. Hayes) 

certified dialysis technician. 

4723-23-04 Procedures for obtaining a certificate to practice as 

technician by endorsement. 

4723-23-05 Renewal of a certificate to practice as an Ohio cert

4723-23-06 Continuing education requirements. 

Information required when attesting to the compete

4723-23-09 temporary certificate one to practice as a dialysis t

practice as an Ohio certified dialysis technician. 

4723-23-10 Requirements for approval and reapproval of a tes

an examination of a dialysis technician. 

4723-23-11 Procedures for providing information to the dialysis 4723-23-14 Standards for safe dialysis care. 

Total Rules: 10 Original Filing Date: 10/17/2013 Date of Revised Filing: 11/20/2013 Jurisdiction Ends: 12/21/2013 

Rule TyQe Action l&! FYR Rule Number Rule Title 

Amendment Revised Filing Yes No 4723-8-06 National certifying organizations. 

Amendment Revised Filing Yes No 4723-8-07 Initial certificate of authority. 

Amendment Revised Filing Yes No 4723-8-08 Certificate of authority renewal; notification of natio

Amendment Revised Filing Yes No 4723-9-05 Standards and procedures for obtaining an externs

Amendment Revised Filing Yes No 4723-9-06 Standards and procedures for obtaining an initial c

Amendment Revised Filing Yes No 4723-9-07 Certificate to prescribe renewal. 

New Rule Revised Filing Yes No 4723-23-02 Dialysis technician intern certificate. 

New Rule Revised Filing Yes No 4723-23-03 Dialysis technician certificate. New Rule Revised Filing Yes No 4723-23-05 Renewal of a certificate to practice as an Ohio cert

Amendment Revised Filing Yes Yes 4723-23-08 Requirements for a dialysis technician training prog

12 Board of Nursing • 

Total Rules: 6 Original Filing Date: 10/17/2013 Jurisdiction Ends: 12/21/2013 

Rule T)(Q!l Action CSI FYR Ryle Number Rule Title 

Amendment Original Filing Yes No 4723-14-01 Definitions. 

Amendment Original Filing Yes No 4723-14-03 Continuing education requirement for licensed nurs

Amendment Original Filing Yes No 4 723-14-05 Educational activities that do and do not meet the c

requirement 

Amendment Original Filing Yes No 4723-14-07 Continuing education audit. 

Amendment Original Filing Yes No 4723-14-10 Reapproval of an OBN approver. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 5 • 12111
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Amendment Original Filing Yes No 

13 Board of Nyr§ing • 

Total Rules: 9 Original Filing Date: 10/17/2013 

Bule Action CSI FYR 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No 

Rescission Original Filing Yes Yes 

Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No 

Total Rules: 3 Original Filing Date: 10/17/2013 

Bule Action CSI FYR 

Amendment Revised Filing Yes No 

Amendment Revised Filing Yes No 

New Rule Revised Filing Yes No 

14 Bureau of Workers' Comoensation • 

Total Rules: 1 Original Filing Date: 9/16/2013 

Rule Action CSI FYR 

Amendment Refiled Filing Yes No 

15 Bureau of Workers' !:;om11ensation • 

Total Rules: 4 Original Filing Date: 10/9/2013 

Rule Action CSI FYR 

Amendment Original Filing No No Amendment Original Filing No No Amendment Original Filing No No 

Amendment Original Filing No No 

16 of Aqriculture • Animallndustrv 

4723-14-12 OBN approver processes and statements. 

Jurisdiction Ends: 12/21/2013 

Rule Number Bule Title 

4723-17-03 Intravenous therapy procedures. 

4723-25-02 Definitions. 4723-25-05 Distribution of grants to prelicensure and postlicens

4723-25-11 Grant review criteria. 4723-26-01 Definition of terms. 

4723-26-04 Renewal of community health worker certificate. 4723-26-10 Standards of safe care provided by the community 

4723-26-11 Disciplinary actions against certified community hea

4723-26-12 Standards for community health worker training pro

Date of Revised Filing: 11/20/2013 Jurisdiction Ends: 12/21/2013 

RyiSl Number Rule TitiSl 

4723-25-06 Eligibility criteria for funding consideration. 4723-26-02 Standards and procedures to obtain community he

4723-26-04 Renewal of community health worker certificate. 

Date of Refiled Filing: 11/21/2013 Jurisdiction Ends: 12/21/2013 

Rule Numb!;lr 

4123-6-21.3 

Rule Number 

4123-15-01 4123-15-03 

4123-15-06 4123-15-07 

Rule Title 

Outpatient medication formulary. 

Jurisdiction Ends: 12/13/2013 

Rule Title 

Code of ethics, title and rules covering. 

Standards of conduct. 

Furnishing employees' code of ethics and rules on 

representatives. 

Representatives' responsibility relative to employee

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 6 • 12111!
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Total Rules: 2 Original Filing Date: 10/7/2013 Date of Revised Filing: 10/8/2013 Jurisdiction Ends: 12/11/2013 

Rule Type Action CSI FYR 

Amendment Revised Filing Amendment Revised Filing 

Yes No Yes No 

17 Department of Agriculture • Plant Industry 

Total Rules: 5 Original Filing Date: 10/9/2013 

Rylg Typg Action CSI FYR 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No Amendment Original Filinq Yes No 

Rule Number 

901:1-4-01 

901:1-4-15 

Rule Number 

901:5-58-01 901:5-58-02 901:5-58-03 

901 :5-58-04 901 :5-58-05 

18 Department of Commerce • Division of Unclaimed Funds 

Rule Title 

Definitions and general considerations. 

Wildlife shelter and wildlife propagation permits. 

Jurisdiction Ends: 12/13/2013 

Rule Title 

Notice of quarantine. 

Definitions. 

Regulated articles. Regulated areas. 

Conditions for movement. 

Total Rules: 4 Original Filing Date: 10/10/2013 Date of Revised Filing: 10/10/2013 Jurisdiction Ends: 12/14/2013 

ESulg Type Action 

Amendment Revised Filing Amendment Revised Filing Amendment Revised Filing 

Rescission Revised FilinR 

.Q.SJ. 

No No 

No No 

FYR 

No 

Yes Yes Yes 

Rule Number 

1301:10-1-01 1301:10-2-02 1301:10-4-01 1301:10-4-03 

19 Department of Developmental Disabilities • Community Services 

Total Rules: 1 Original Filing Date: 10/10/2013 

Rule Type Action .Q.SJ. FYR Rule Number 

Amendment Original Filing Yes No 5123:2-9-24 

Rule Title 

Definitions. 

Adjudication hearing; decision of director. 

Claim. 

Procedure to locate owners. 

Jurisdiction Ends: 12/14/2013 

Rule Title 

Home and community-based services waivers - tra

options and level one waivers. 

Total Rules: 1 Original Filing Date: 10/10/2013 Date of Refiled Filing: 11/15/2013 Jurisdiction Ends: 12/15/2013 

Rule Type Action CSI FYR 

Amendment Refiled Filing 

20 Department of Health • 

Yes No 

Total Rules: 5 Original Filing Date: 11/1/2013 

Rule Number 

5123:2-9-30 

Rule Type Action CSI FYR Rule Number 

Rule Title Home and community-based services waivers - ho

the individual options and level one waivers. 

Jurisdiction Ends: 1/5/2014 

Rule Title 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street· Concourse Level• Columbus, Ohio 43215 • {614) 466-4086 • www.jcarr.state.oh.us • Page 7 • 12111/
TENTATIVE AGENDA 

Amendment Original Filing Yes Yes Amendment Original Filing Yes Yes Amendment Original Filing Yes Yes Amendment Original Filing Yes Yes 

New Rule Original Filing No No 

21 D!l!!l!!lmen! Qf Healtb • 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013- 11:00 A.M. 

Statehouse Hearing Room 114(Rutherford B. Hayes) 

TEN

3701-43-03 Standards and procedures for determining eligibility 

3701-43-05 Medical equipment suppliers. 3701-43-18 Authorization for provision of treatment services an

3701-43-23 Appeal procedures for decisions concerning the pro

handicapped children. 

3701-43-26 Manufacturer discount program. 

Total Rules: 22 Original Filing Date: 10/9/2013 Jurisdiction Ends: 12/13/2013 

Rule T)'Qe Action CSI FYR Rule Number Rule Title 

New Rule Original Filing Yes No 3701-19-30 Definitions. 

New Rule Original Filing Yes No 3701-19-31 Applicability of licensure requirements. 

New Rule Original Filing Yes No 3701-19-32 License application, amended license, and renewa

New Rule Original Filing Yes No 3701-19-33 Issuance, denial, transfer, and revocation of a licen

New Rule Original Filing Yes No 3701-19-34 Inspections. 

New Rule Original Filing Yes No 3701-19-35 Compliance actions and operating without a license

New Rule Original Filing Yes No 3701-19-36 General requirements for pediatric respite care pro

New Rule Original Filing Yes No 3701-19-37 Governing body; quality assessment and performa

New Rule Original Filing Yes No 3701-19-38 General requirements for pediatric respite care pro

New Rule Original Filing Yes No 3701-19-39 Medical director. 

New Rule Original Filing Yes No 3701-19-40 Interdisciplinary team and interdisciplinary plan of c

New Rule Original Filing Yes No 3701-19-41 Contracted services. 

New Rule Original Filing Yes No 3701-19-42 Volunteers. 

New Rule Original Filing Yes No 3701-19-43 Nursing services. 

New Rule Original Filing Yes No 3701-19-44 Medical social services. 

New Rule Original Filing Yes No 3701-19-46 Counseling and bereavement service. New Rule Original Filing Yes No 3701-19-47 Admission of patients to pediatric respite care. 

New Rule Original Filing Yes No 3701-19-48 Standards for pediatric respite care program facilitie

New Rule Original Filing Yes No 3701-19-49 Twenty-four hour nursing services in pediatric respi

New Rule Original Filing Yes No 3701-19-50 Clinical record. 

New Rule Original Filing Yes No 3701-19-51 Medical supplies, drugs, biologicals, and medical a

New Rule Original Filing Yes No 3701-19-52 Variances; waivers. 

Total Rules: 1 Original Filing Date: 10/9/2013 Date of Revised Filing: 10/29/2013 Jurisdiction Ends: 12/13/2013 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614} 466-4086 • www.jcarr.state.oh.us • Page 8 • 12111!
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Rule T)lQe Action CSI FYR Rule Number 

New Rule Revised Filing Yes No 3701-19-45 

22 Department of Health • Radiation Control 

Total Rules: 1 Original Filing Date: 11/1/2013 

Rul!l Tyge Action CSI EYE. Rule Number 

Amendment Original Filing Yes Yes 3701:1-40-09 

23 Department of Health • Radiation Control 

Total Rules: 4 Original Filing Date: 10/9/2013 

Rul!l Tyge Action CSI FYR Rule Number 

Amendment Original Filing Yes Yes 3701:1-66-04 

Amendment Original Filing Yes Yes 3701:1-66-06 Amendment Original Filing Yes Yes 3701:1-66-08 Amendment Original Filing Yes Yes 3701:1-66-11 

24 De[!artment of Job and Family Services • Child Support 

Total Rules: 2 Original Filing Date: 10/29/2013 

Rule Tyge Action Q£ EYE. Ru!!l Numb§r 

Amendment Original Filing No No 5101:12-50-65 

New Rule Original Filing No No 5101:12-50-99 

25 Department of Job and F!!mily Services • Division of Medical Assistance 

Total Rules: 12 Original Filing Date: 10/15/2013 

Rule Tyge Action CSI FYR Rule Number 

Rescission Original Filing Yes Yes 5101:3-4-26 

New Rule Original Filing Yes No 5101:3-4-26 

Rescission Original Filing Yes Yes 5101:3-8-01 

Rescission Original Filing Yes Yes 51 01 :3-8-02 

Rescission Original Filing Yes Yes 51 01 :3-8-03 

Rescission Original Filing Yes Yes 5101:3-8-05 

New Rule Original Filing Yes No 5101:3-8-33 

New Rule Original Filing Yes No 5101:3-8-34 Rescission Original Filing Yes Yes 5101:3-34-01 

Rule Title 

Medical services. 

Rule Title 

Jurisdiction Ends: 1/5/2014 

Certain items containing radioactive material. 

Jurisdiction Ends: 12/13/2013 

Rule Title 

Quality assurance program. 

Dental radiation-generating equipment. 

Mammography radiation-generating equipment. 

Bone densitometry radiation-generating equipmen

Jurisdiction Ends: 1/2/2014 

Rule Title 

Office of child support poster program. 

Chapter 5101:12-50 forms- enforcement of the su

Jurisdiction Ends: 12/19/2013 

Rule Title 

Covered physical medicine and rehabilitation servi

Physical medicine and rehabilitation services. 

Eligible providers of limited practitioner services. 

Covered physical therapy services and limitations. Covered occupational therapy services and limitatiCovered psychology services and limitations. 

Skilled therapy: documentation of services. 

Skilled therapy: payment. 

Physical therapy, occupational therapy and speech

services: general provisions. 

Click on the rule number in blue above to view the rule in Its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 9 • 12/11
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Rescission Original Filing Yes Yes 

Rescission Original Filing Yes Yes 

Rescission Original Filing Yes Yes 

Total Rules: 4 Original Filing Date: 10/15/2013 

Bule Action FYR 

New Rule Revised Filing Yes No 

New Rule Revised Filing Yes No New Rule Revised Filing Yes No 

5101:3-34-01.1 5101:3-34-01.2 

5101:3-34-01.3 

Physical therapy, occupational therapy and speech

services: definitions. 

Physical therapy, occupational therapy and speech

services: coverage and limitations. 

Physical therapy, occupational therapy and speech

services: provider claims, billing, payment and reim

Date of Revised Filing: 11/19/2013 Jurisdiction Ends: 12/19/2013 

Bule Number Rule Title 

5101:3-8-05 Psychology services provided by licensed psycholo

5101:3-8-30 Skilled therapy: scope and definitions. 

5101:3-8-31 Skilled therapy: providers. 

New Rule Revised Filing Yes No 5101:3-8-32 Skilled therapy: coverage. 

26 Department of Job and Family Services • Division of Medical Assistance 

Total Rules: 1 Original Filing Date: 10/15/2013 

Bule Action CSI FYR 

Amendment Revised Filing Yes No 

Date of Revised Filing: 11/18/2013 Jurisdiction Ends: 12/19/2013 

Rule Number 

5101:3-2-08.1 

Rule Title 

Assessment rates. 

27 Department of Job and Family Services • Division of Medical Assistance 

Total Rules: 1 

Rule 

Original Filing Date: 10/15/2013 

Action CSI FYR 

Amendment Revised Filing No No 

Date of Revised Filing: 11/15/2013 Jurisdiction Ends: 12/19/2013 

Rule Number Rule Title 

5101:3-2-21 Policies for outpatient hospital services. 

28 Department of Job and Family Services • Division of Medical Assistance 

Total Rules: 1 Original Filing Date: 10/15/2013 Jurisdiction Ends: 12/19/2013 

Rule Action CSI FYR Rule Number Rule Title 

Amendment Original Filing No Yes 5101:3-1-05.3 Payment for "Medicare Part B" cost sharing. 

29 Department of Job and Services • Division of Medical Assistance 

Total Rules: 7 Original Filing Date: 10/15/2013 Jurisdiction Ends: 12/19/2013 

Rule Action CSI 

Rescission Original Filing Yes 

New Rule Original Filing Yes 

Amendment Original Filing Yes 

Rescission Original Filing Yes 

FYR Bul§ 

Yes 5101:3-10-03 

No 5101:3-10-03 

Yes 5101:3-10-08 Yes 5101:3-10-13 

Rule Title 

"Medicaid Supply List". 

Medical supplies and the medicaid supply list. 

Repair of medical equipment. 

Oxygen: covered services and limitations in a priva

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 10 • 12111
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013 - 11:00 A.M. TE

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Rescission Original Filing Yes Yes 

Amendment Original Filing Yes Yes 

5101:3-10-13.1 5101:3-10-16 

Oxygen: covered services and limitations in an int

mentally retarded (ICF-MR). 

Wheelchairs. 

Amendment Original Filing Yes Yes 51 01 :3-15-02.8 Medical transportation services: eligible providers. 

Total Rules: 1 Original Filing Date: 10/15/2013 Date of Revised Filing: 11/19/2013 Jurisdiction Ends: 12/19/2013 

Rule Type Action CSI FYR 

New Rule Revised Filing Yes No 

Rule Number 

5101:3-10-13 

30 Department of Job and Family Services • Division of Medical Assistance 

Total Rules: 3 Original Filing Date: 10/15/2013 

Rule Type Action CSI FYR Rule Number 

Amendment Original Filing 

Original Filing 

Yes Yes Yes Yes 

5101:3-4-02.2 

51 01 :3-4-09 

Rule Title 

Oxygen services. 

Rule Title 

Jurisdiction Ends: 12/19/2013 

Site differential payments and place of service. 

Rescission Office incentive program. 

Amendment 

Total Rules: 1 

Rule Type 

Original Filing Yes Yes 51 01 :3-4-25 Laboratory and radiology services. 

Original Filing Date: 10/15/2013 Date of Revised Filing: 11/19/2013 Jurisdiction Ends: 12/19/2013 

Action CSI FYR 

Amendment Revised Filing Yes No 

Rule Number 

5101:3-1-60 

31 Department of Job and Family Services • Division of Medical Assistance 

Total Rules: 2 Original Filing Date: 10/15/2013 

Rule Type Action CSI FYR Rule Number 

Amendment Original Filing 

Amendment Original Filing 

Yes No 

Yes Yes 

5101:3-26-03 5101:3-26-09.1 

32 Department of Job and Family Services • Division of Public Assistance 

Total Rules: 1 Original Filing Date: 10/15/2013 

Rule Type Action CSI FYR Rule Number 

New Rule Original Filing Yes No 5101:1-37-62 

33 Department of Job and Family Services· Division of Public Assistance 

Total Rules: 6 Original Filing Date: 10/15/2013 

Rule Tvoe Action CSI FYR Number 

New Rule Original Filing No No 5101:1-37-51.4 

New Rule Original Filing No No 5101:1-37-63.2 

Rule Title 

Medicaid reimbursement. 

Jurisdiction Ends: 12/19/2013 

Rule Title 

Managed health care programs: covered services. 

Managed health care programs: third party recove

Jurisdiction Ends: 12/19/2013 

Rule Title 

Medicaid: presumptive eligibility. 

Jurisdiction Ends: 12/19/2013 

Rule Title 

Medicaid: outstationing workers at disproportionate 

qualified health centers. 

Medicaid: continuous eligibility for children younge

Click on the rule number in blue above to view the rule !n its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • wwwjcarr.state.oh.us • Page 11 • 12/11
TENTATIVE AGENDA 

New Rule Original Filing No No 

Rescission Original Filing No Yes Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

5101:1-37-91 Medicaid: alien emergency medical assistance (AE

5101:1-38-01.5 Medicaid: Certificate of creditable coverage and pr

5101:1-38-04 Medicaid: outstationing workers at disproportionate 

qualified health centers. 

5101:1-38-30 Medicaid: continuous eligibility for children younger 

Total Rules: 2 Original Filing Date: 10/15/2013 Date of Revised Filing: 11/18/2013 Jurisdiction Ends: 12/19/2013 

Rule Type Action .(;&[ FYR 

Amendment Revised Filing 

New Rule Revised Filing 

No No 

No No 

Rule Number 

5101:1-37-50.1 5101:1-37-51.3 

34 Department of Job and Family Services • Division of Social Services 

Total Rules: 7 Original Filing Date: 10/8/2013 

Rule Tvo!l Action CSI FYR Rule Number 

Amendment Original Filing No Yes 5101:2-53-01 

Rescission Original Filing No Yes 51 01 :2-53-02 

Amendment Original Filing Yes Yes 5101:2-53-03 

Rescission Original Filing No Yes 5101:2-53-04 

Amendment Original Filing Yes Yes 5101:2-53-05 Amendment Original Filing Yes Yes 5101:2-53-06 

Amendment Original Filing Yes Yes 51 01 :2-53-08 

35 De11ar1ment of Job and Family Services • Division of Social S!!rvices 

Total Rules: 19 Original Filing Date: 10/15/2013 

Rule Type Action CSI FYR Rule Number 

Rescission Original Filing No Yes 5101:2-14-02 Rescission Original Filing No Yes 5101:2-14-03 

Rescission Original Filing No Yes 5101:2-14-03.1 

Rescission Original Filing No Yes 5101:2-14-04 

Rescission Original Filing No Yes 5101:2-14-05 

Rescission Original Filing No Yes 5101:2-14-06 

Rule Title 

Medicaid: definitions. 

Medicaid: certificate of creditable coverage and priv

Jurisdiction Ends: 12/12/2013 

Rule Title 

Definitions related to the Indian Child Welfare Act 

Administrative responsibilities and record keeping f

Indian Child Welfare Act 

Determination of Indian status, tribal eligibility and m

Emergency removal of the Indian child. 

Voluntary placement for temporary custody of India

Involuntary custody of Indian children. 

Placement preference of Indian children. 

Jurisdiction Ends: 12/19/2013 

Rule Title 

Application for certification as a professional type B 

Compliance inspection of type B home providers an

Complaint investigation of professional and limited 

in-home aides. 

Issuance and renewal of professional certification a

in-home aide. 

Provider qualifications for professional certification 

in-home aide. 

Denial, revocation and withdrawal of professional c

provider or in-home aide. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) • www.jcarr.state.oh.us • Page 12 • 12111
TENTATIVE AGENDA 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes Rescission Original Filing No Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013-11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

5101:2-14-07 Fire safety for professional certification as a type B 

5101:2-14-08 Indoor space, programming and equipment for pro

home provider or in-home aide. 

Requirements for criminal records checks for certif

5101:2-14-11 or limited home provider or in-home aide, or as an 

caregiver. 

5101:2-14-13 Training requirements for certification as a profess

in-home aide. 

5101:2-14-14 Emergency and substitute caregiver for type B hom

in-home aides. 

5101:2-14-16 Group size for professional certification as a type B 

5101:2-14-17 Outdoor play for professional certification as a type 

aide. 

5101:2-14-18 Evening and overnight care, sleeping and napping 

certification as a type B home provider or in-home 

5101:2-14-19 Safe and sanitary equipment and environment for 

type B home provider or in-home aide. 

5101:2-14-20 Safety and supervision of children for professional 

provider or in-home aide. 

5101:2-14-21 Transportation and field trip safety for professional 

provider or in-home aide. 

5101:2-14-22 Child guidance and management for professional 

in-home aide. 

5101:2-14-24 Caretaker/provider responsibilities for professional 

provider or in-home aide. 

36 Department of Job and Familv Service_s • Division oJ Social Services 

Total Rules: 19 Original Filing Date: 10/15/2013 Jurisdiction Ends: 12/19/2013 

Rule Tvoe 

Rescission Rescission 

Rescission Rescission 

Action l:&j 

Original Filing No 

Original Filing No Original Filing No Original Filing No 

FYR Rule Number 

Yes 5101:2-14-26 

Yes 5101:2-14-27 Yes 5101:2-14-28 Yes 5101:2-14-29 

Rule Title 

Records requirements for professional certification 

in-home aide. 

Care of children with special needs or health cond

certification as a type B home provider or in-home 

Medical and dental emergency plan for professiona

provider or in-home aide. 

First-aid supplies and procedures for professional 

provider or in-home aide. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) • www.jcarr.state.oh.us • Page 13 • 12111
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Rescission Original Filing No Yes 5101:2-14-30 Management of communicable disease for profess

home provider or in-home aide. 

Rescission Original Filing No Yes 5101:2-14-31 Administration of medication for professional certifi

provider or in-home aide. 

Rescission Original Filing No Yes 5101:2-14-32 Meal preparation/nutritional requirements for profes

home provider or in-home aide. 

Rescission Original Filing No Yes 5101:2-14-34 Infant care for professional certification as a type B 

Rescission Original Filing No Yes 5101:2-14-35 Diaper care for professional certification as a type 8 

aide. 

Rescission Original Filing No Yes 5101:2-14-36 Crib and playpen requirements for professional cer

provider or in-home aide. 

Rescission Original Filing No Yes 5101:2-14-37 Swimming and water safety requirements for profes

home provider or in-home aide. 

Rescission Original Filing No Yes 5101:2-14-40 Certification appeal procedures for professional and 

in-home aides. 

Rescission Original Filing No Yes 5101:2-14-55 Application and approval for limited certification as 

in-home aide. 

Rescission Original Filing No Yes 5101:2-14-56 Issuance and renewal of a certificate for limited cer

provider or in-home aide. 

Rescission Original Filing No Yes 5101:2-14-57 Limited certification compliance inspection of a type 

aide. 

Rescission Original Filing No Yes 5101:2-14-58 Provider qualifications and responsibilities for limite

provider or in-home aide. 

Rescission Original Filing No Yes 5101:2-14-60 Denial, revocation and withdrawal of limited certifica

or m-home a1de. 

Rescission Original Filing No Yes 5101:2-14-61 County department of job and family services certif

certified type B providers and in-home aides. 

Rescission Original Filing No Yes 5101:2-14-62 Confidentiality involving a professional or limited ce

aide. 

37 D!![!i!rtment of Job and Familll Services • DivisiQn of So!<ial S!!rvices 

Total Rules: 5 Original Filing Date: 10/15/2013 Jurisdiction Ends: 12/19/2013 

Rule Type Action CSI FYR Rule Number Rule Title 

Amendment Original Filing No Yes 5101:2-14-01 Definitions for certification of type 8 home providers 

New Rule Original Filing Yes No 5101:2-14-05 Procedures for a licensed type 8 home provider op

license. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio websiTe. 

JCARR 77 South High Street • Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 14 • 12111
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013- 11:00 A.M. TEN

New Rule New Rule New Rule 

Total Rules: 8 

Rule 

New Rule New Rule New Rule 

New Rule New Rule New Rule New Rule New Rule 

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Original Filing Original Filing Original Filing 

Yes No 

Yes No Yes No 

Original Filing Date: 10/15/2013 

Action 1&1 FYR 

Revised Filing Yes No 

Revised Filing Yes No Revised Filing Yes No Revised Filing Yes No Revised Filing Yes No Revised Filing Yes No Revised Filing Yes No 

Revised Yes No 

5101:2-14-11 5101:2-14-12 

Indoor and outdoor space requirements for a licen

Safe equipment and environment for a licensed typ

5101:2-14-13 Sanitary equipment and environment for a licensed 

Date of Revised Filing: 11/14/2013 Jurisdiction Ends: 12/19/2013 

Rule Number 

5101:2-14-02 5101:2-14-03 5101:2-14-04 5101:2-14-06 5101:2-14-07 5101:2-14-08 

5101:2-14-09 5101:2-14-10 

Rule Title 

Application and issuance for a type B home provid

Compliance inspection and complaint investigation 

provider. 

Denial and revocation of a licensed type B home pProvider qualifications for a licensed type B home 

Licensed type B home requirements for criminal re

Training requirements for licensed type B home pr

Emergency/substitute caregivers, assistants and e

home provider. 

Fire safety requirements for a licensed type B hom

38 Department of Job and Services • Division of Social Services 

Total Rules: 10 Original Filing Date: 10/15/2013 Jurisdiction Ends: 12/19/2013 

Rule 

New Rule 

New Rule New Rule New Rule New Rule New Rule New Rule New Rule New Rule 

New Rule 

Total Rules: 2 

Rule 

New Rule 

Action 1&1 FYR 

Original Filing Yes No 

Original Filing Yes No 

Original Filing Yes No Original Filing Yes No 

Original Filing Yes No 

Original Filing Yes No 

Original Filing Yes No 

Original Filing Yes No 

Original Filing Yes No Original Filing Yes No 

Original Filing Date: 10/15/2013 

Action 1&1 FYR 

Revised Filing Yes No 

Rule Number 

5101:2-14-14 5101:2-14-16 5101:2-14-17 

5101:2-14-18 

5101 :2-14-19 

5101:2-14-20 5101:2-14-21 5101:2-14-22 5101:2-14-23 

Rule Title 

Transportation and field trip safety for a licensed ty

Medical, dental, first aid and communicable diseas

B home provider. 

Programming and materials for a licensed type B h

Group size for a licensed type B home provider. 

Sleeping and napping requirements for a licensed 

Supervision of children and child guidance for a lic

Meal preparation/nutritional requirements for a lice

Infant care and diaper care for a licensed type B ho

Swimming and water safety requirements for a lice

5101:2-14-24 Evening and overnight care requirements for a lice

Date of Revised Filing: 11/14/2013 Jurisdiction Ends: 12/19/2013 

Rule Number 

5101:2-14-15 

Rule Title 

Child records requirements for a licensed type B h

Click on the rule number in blue above to view the rule in lis enllrety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 15 • 12111
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

New Rule Revised Filing Yes No 5101:2-14-25 

39 Department of Job and Family Services • Division of Social Services 

Total Rules: 2 

Rule Ty(le 

New Rule 

Original Filing Date: 10/15/2013 

Action l:&l FYR 

Original Filing Yes No 

Rule Number 

5101:2-14-32 

County department of job and family services licen

home providers. 

Jurisdiction Ends: 12/19/2013 

Rule Title 

In-home aide responsibilities and assurances. 

New Rule Original Filing Yes No 5101:2-14-33 Safety requirements for in-home aides. 

Total Rules: 4 Original Filing Date: 10/15/2013 Date of Revised Filing: 11/14/2013 Jurisdiction Ends: 12/19/2013 

Rule Ty(le Action 

New Rule Revised Filing 

New Rule Revised Filing New Rule Revised Filing New Rule Revised Filing 

CSI 

Yes Yes Yes Yes 

FYR 

No No No 

No 

Rule Number 

5101:2-14-30 5101:2-14-31 5101:2-14-34 5101:2-14-35 

40 Department of Public Safety • Bureau of Motor Vehicles 

Total Rules: 3 Original Filing Date: 10/15/2013 

Rule Type Action CSI FYR Rule Number 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

Amendment Original Filing Yes 

41 Degartment of Taxation • 

No No 

No 

4501:1-6-01 

4501:1-6-02 4501:1-6-03 

Rule Title 

Application and approval for certification as an in-h

Qualifications for certification as an in-home aide. 

County department of job and family services (CDJ

issuance and renewal for in-home aide (IHA) certif

County department of job and family services (CDJ

compliance and complaint investigation for an in-ho

Jurisdiction Ends: 12/19/2013 

Rule Title 

Terms and provisions governing contracts between 

registrars. 

Selection and appointment of deputy registrars. 

Designation of locations and sites of deputy registr

Total Rules: 1 Original Filing Date: 10/16/2013 Date of Revised Filing: 10/17/2013 Jurisdiction Ends: 12/20/2013 

Bule Iy(le Action CSI FYR 

New Rule Revised Filing Yes No 

Rule Number 

5703-35-01 

42 Degartment of Transgortation • Division of Highways 

Total Rules: 3 Original Filing Date: 10/25/2013 

Rule Type Action CSI FYR Rule Number 

Amendment Original Filing No Yes 5501:2-5-03 

Amendment Original Filing No Yes 5501 :2-5-04 

Amendment Original Filing No Yes 5501 :2-5-05 

Bule T;tle 

Severance Tax severers and owners must file and 

Jurisdiction Ends: 12/29/2013 

Rule Title 

Payments for moving and related expenses. 

Replacement housing payments. 

Mobile homes. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us ·Page 16 • 12111
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013 -11:00 A.M. 

Statehouse Hearing Room 114(Rutherford B. Hayes) 

TEN

Total Rules: 3 Original Filing Date: 10/25/2013 Date of Revised Filing: 11/14/2013 Jurisdiction Ends: 12/29/2013 

Rule Action CSI FYR 

Amendment Revised Filing No Yes 

Amendment Revised Filing No Yes 

Amendment Revised Filing No Yes 

43 Liquor Control • Liquor Control Commission 

Total Rules: 1 Original Filing Date: 11/1/2013 

Rule Action .\:&! FYR 

Amendment Original Filing Yes No 

44 Ohio Environmental Protection Agency • 

Total Rules: 1 Original Filing Date: 10/28/2013 

Rule Number 

5501:2-5-01 5501:2-5-02 5501:2-5-06 

Rule Number 

4301:1-1-17 

Rule Tyge Action CSI FYR Rule Number 

Amendment Original Filing Yes No 

45 Ohio Police and Fire Pension Fund • 

Total Rules: 3 Original Filing Date: 10/11/2013 

Rule Tyge Action .\:&! FYR 

Amendment Original Filing No Yes 

Amendment Original Filing No Yes 

Amendment Original Filing No Yes 

46 Ohio Police and Fire Pension Fund • 

Total Rules: 3 Original Filing Date: 10/31/2013 

Rule Tyge Action CSI FYR 

Amendment Original Filing No Yes 

Amendment Original Filing No Yes 

Amendment Original Filing No Yes 

3745-21-09 

Rule Number 

742-3-05 742-7-12 742-7-13 

Rule Number 

742-4-01 742-4-03 742-5-07 

Rule Title 

General provisions. General relocation requirements. 

Real property acquisition. 

Jurisdiction Ends: 1/5/2014 

Rule Title 

Sanitation requirements. 

Jurisdiction Ends: 1/1/2014 

Rule Title 

Control of emissions of volatile organic compounds 

perchloroethylene from dry cleaning facilities. 

Jurisdiction Ends: 12/15/2013 

Rule Title 

Disability benefits procedure. 

Health care discount program. Health care program. 

Jurisdiction Ends: 1/4/2014 

Rule Title 

General DROP definitions. 

Effective date of DROP election. 

Service credit purchases and transfers. 

47 Ohio Respiratorv Care Board • Home Medical Equipment Service Providers 

Total Rules: 3 Original Filing Date: 10/28/2013 Jurisdiction Ends: 1/1/2014 

Rule Tyge Action CSI FYR Rule Number Rule Title 

Amendment Original Filing Yes Yes 4761:1-5-01 Qualifications for licensure. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website, 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 17 • 12111
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013 -11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Amendment Original Filing Yes Yes Amendment Original Filing Yes Yes 

48 Ohio Resj;!irato!)l Care Board • 

Total Rules: 2 Original Filing Date: 10/28/2013 

Rule TVDJl Action CSI FYR 

Amendment Original Filing Yes Yes 

Amendment Original Filing Yes Yes 

49 Ohio Uniform Food Code· 

Total Rules: 1 Original Filing Date: 11/1/2013 

Rul§ Action CSI FYR 

Amendment Original Filing Yes No 

50 Oj;!j;!Orlunities for Ohioans with Disabilities • 

Total Rules: 4 Original Filing Date: 10/9/2013 

Rule Action FYR 

Amendment Original Filing No Yes Amendment Original Filing No Yes Amendment Original Filing No Yes 

Amendment Original Filing No Yes 

Total Rules: 1 Original Filing Date: 10/9/2013 

Rule Tyge Action CSI FYR 

Amendment Revised Filing No Yes 

51 Public Emj;!loyees Retirement System • 

Total Rules: 1 Original Filing Date: 10/8/2013 

Rule Action CSI FYR 

Amendment Original Filing No Yes 

52 Public Emj;!loyees Retirement System • 

Total Rules: 1 Original Filing Date: 10/23/2013 

4761:1-9-01 4761:1-13-01 

Rule Number 

4761-1-01 4761-3-01 

Ryle Number 

3717-1-01 

Rule t:,!um!:!er 

3304-2-57 3304-2-60 3304-2-66 

Standards of practice for license holders. 

Continuing education standards. 

Jurisdiction Ends: 1/1/2014 

Rule Till§ 

Public hearings on adoption, amendment, or rescis

notice. 

Definitions of terms. 

Jurisdiction Ends: 1/5/2014 

Rule Title 

State of Ohio Uniform Food Safety Code and defin

Rule Title Restoration. 

Jurisdiction Ends: 12/13/2013 

Supported employment services. 

Conditions for providing self-employment services. 

3304-2-67 Home modifications. 

Date of Revised Filing: 10/10/2013 Jurisdiction Ends: 12/13/2013 

Rule Number 

3304-2-51 

Rule Number 

145-4-02 

Rule Till§ 

Vocational rehabilitation program. 

Jurisdiction Ends: 12/12/2013 

Rule Till§ 

Health care fund. 

Jurisdiction Ends: 12/27/2013 

Rule Action FYR Rule Number Rule Title 

New Rule Original Filing No No 145-4-07 Reenrollment following voluntary termination of hea

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.ohus • Page 18 • 12111
TENTATIVE AGENDA 

53 Public EmgloJ(er Risk Reduction Program • 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013-11:00 A.M. 

Statehouse Hearing Room 114(Rutherford B. Hayes) 

TEN

Total Rules: 21 Original Filing Date: 10/9/2013 Jurisdiction Ends: 12/13/2013 

Rule T)lQe Action CSI FYR Rule Number Rule Title 

New Rule Original Filing No No 4167-1-01 Definitions. 

New Rule Original Filing No No 4167-2-01 Refusal to work. 

New Rule Original Filing No No 4167-2-02 Complaint by public employee. 

New Rule Original Filing No No 4167-3-01 Employment Risk Reduction Standards. 

New Rule Original Filing No No 4167-3-02 Emergency temporary standards. 

New Rule Original Filing No No 4167-3-05 Ohio specific safety standards. New Rule Original Filing No No 4167-4-01 Notice to employees. 

Amendment Original Filing No Yes 4167-5-01 Abatement dates. 

Amendment Original Filing No Yes 4167-5-02 Undue hardship. 

Amendment Original Filing No Yes 4167-5-03 Petition for a modification of abatement date. 

New Rule Original Filing No No 4167-6-01 Recording and reporting occupational injuries and 

Amendment Original Filing No Yes 4167-6-10 Reporting of fatality or multiple hospitalization accid

New Rule Original Filing No No 4167-6-11 Needlestick records. 

New Rule Original Filing No No 4167-7-01 Variances from Ohio public employment risk reduc

New Rule Original Filing No No 4167-8-01 Inspection procedures. 

New Rule Original Filing No No 4167-8-02 Finding of imminent danger. 

New Rule Original Filing No No 4167-8-03 Citations. 

New Rule Original Filing No No 4167-10-01 Protection of trade secrets and confidential informa

New Rule Original Filing No No 4167-10-02 Required disclosure of trade secrets and confident

professionals. 

Amendment Original Filing No Yes 4167-13-01 Abatement verification. 

New Rule Original Filing No No 4167-14-01 Contests of citations. 

54 EYillil< l;mJ'!IO)ler Risk ErQgram • 

Total Rules: 30 Original Filing Date: 10/9/2013 Jurisdiction Ends: 12/13/2013 

Rule T)lge Action CSI FYR Rule Numt112r Rule Title 

Rescission Original Filing No Yes 4167-1-01 Definitions. 

Rescission Original Filing No Yes 4167-1-02 Official address. 

Rescission Original Filing No Yes 4167-1-16 Filing of documents. 

Rescission Original Filing No Yes 4167-1-17 Continuances. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 19 • 12111
TENTATIVE AGENDA 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes Rescission Original Filing No Yes Rescission Original Filing No Yes Rescission Original Filing No Yes Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes Rescission Original Filing No Yes Rescission Original Filing No Yes Rescission Original Filing No Yes Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

Rescission Original Filing No Yes 

55 Publi!< !;m!liO)ler Risk Reductio[! Erog[i!m • 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/ll/2013- 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

4167-1-18 Stipulations. 4167-1-19 Exhibits. 4167-2-01 Refusal to work procedures. 4167-2-02 Employee rights. 4167-2-03 Employer rights. 4167-2-04 Inspection and enforcement procedure. 

4167-3-01 Incorporation by reference. 

4167-3-02 Adoption of standards. 

4167-3-03 Adoption of standards. 4167-3-05 Ohio specific safety standards. 

4167-3-06 Safe needle standards. 

4167-4-01 Notification to employees. 4167-6-01 Recording and reporting occupational injuries and i

4167-6-02 Log and summary of work-related injuries and illnes

4167-6-03 Supplementary record. 4167-6-04 Annual summary. 4167-6-05 Falsification and failure to keep records or reports. 

4167-6-07 Retention of records. 

4167-6-08 Access to records. 

4167-7-01 Variances from Ohio public employment risk reduct

4167-8-01 Inspection procedures. 4167-10-01 Protection of trade secrets and confidential informa

4167-11-01 Emergency temporary standard. 

4167-14-01 Contests of citations. 

4167-15-01 Exemption application requirements. 4167-15-02 Exemption may be revoked. 

Total Rules: 2 Original Filing Date: 1011512013 Jurisdiction Ends: 1211912013 

Rule T)i(le Action CSI FYR Rule Number Rule Title 

Rescission Original Filing No Yes 4167-14-02 Hearings and appeals. 

New Rule Original Filing No No 4167-14-02 Hearings and appeals. 

56 School Em!!IO)lees Retirement S)lstem • 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio webslle. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 20 • 12/111
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013 - 11:00 A.M. TEN

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Total Rules: 1 Original Filing Date: 10/18/2013 Jurisdiction Ends: 12/22/2013 

Rule Type Action CSI FYR Rule Number Rule Title 

Amendment Original Filing No No 3309-1-53 Rollover distribution. 

57 State Board of Library Examiners • 

Total Rules: 1 Original Filing Date: 10/31/2013 Jurisdiction Ends: 1/4/2014 

Rule Type Action EYB Rule Number Rule Title 

Rescission Original Filing No Yes 3376-1-01 Certification standards for county district librarians

58 State Chiropractic Board • 

Total Rules: 1 Original Filing Date: 7/22/2013 Date of Refiled Filing: 11/12/2013 Jurisdiction Ends: 12/12/2013 

Rule Type Action CSI FYR 

Amendment Refiled Filing Yes Yes 

59 State Highway Patrol Retirement System • 

Total Rules: 1 Original Filing Date: 10/30/2013 

Rule Number 

4734-9-10 

Rule Type Action EYB Rule Number 

Rule Title 

Conduct following action against a license. 

Jurisdiction Ends: 1/3/2014 

Rule Title 

Rescission Original Filing No Yes 5505-7-09 Administration of approved division of property ord

Total Rules: 1 Original Filing Date: 10/30/2013 

Rule Type Action FYR 

New Rule Revised Filing No No 

Total Rules: 1 Original Filing Date: 10/30/2013 

Rule Type Action CSI FYR 

Rescission Revised Filing No Yes 

60 State lottery Commission • lottery Commission 

Total Rules: 1 Original Filing Date: 10/22/2013 

Date of Revised Filing: 11/18/2013 Jurisdiction Ends: 1/3/2014 

Rule Number Rule Title 

5505-7-08 Division of property orders. 

Date of Revised Filing: 11/22/2013 Jurisdiction Ends: 1/3/2014 

Rule Number 

5505-7-08 

Rule Title 

Division of property orders. 

Jurisdiction Ends: 12/26/2013 

Rule Type Action CSI FYR Rule Number Rule Title 

Rescission Original Filing No Yes 

61 State Teachers Retirement System • 

Total Rules: 1 Original Filing Date: 10/18/2013 

Rule Type Action CSI FYR 

Amendment Revised Filing 

62 Treasurer of State • 

No No 

3770:1-9-56 Game number fifty-six. 

Date of Revised Filing: 11/22/2013 Jurisdiction Ends: 12/22/2013 

Rule Number 

3307-8-01 

Rule Title 

Payments of benefits. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 21 • 12/11
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/11/2013- 11:00 A.M. 

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Total Rules: 1 Original Filing Date: 10/31/2013 Jurisdiction Ends: 1/4/2014 

Rule Type Action CSI FYR Rule Number Rule Title 

TEN

Amendment Original Filing No Yes 113-5-01 Exemptions from continuing education requirement

63 Bureau of Workers' Compensation • 

Total Rules: 9 Original Filing Date: 10/10/2013 

Rul§ Type Action CSI FYR 

Rescission To Be Refiled Yes Yes 

New Rule To Be Refiled Yes No 

New Rule To Be Refiled Yes No New Rule To Be Refiled Yes No New Rule To Be Refiled Yes No 

New Rule To Be Refiled Yes No 

New Rule To Be Refiled Yes No 

New Rule To Be Refiled Yes No 

New Rule To Be Refiled Yes No 

To Be Refiled 

Date otTo Be Refiled: 11/20/2013 Jurisdiction Ends: 

Rul§ Number 

4123-17-15 4123-17-15 4123-17-15.1 4123-17-15.2 4123-17-15.3 4123-17-15.4 4123-17-15.5 4123-17-15.6 

4123-17-15.7 

Rule Title 

Professional employer organization (PEO) agreeme

Professional employer organizations. PEO agreements. 

Registration and reporting requirements. 

Security requirements. 

Financial requirements. 

Self-insuring PEOs. 

Client employer information. 

Denial or revocation of PEO registration. 

Withdrawn 

64 Department of Job and Familv Services • Division of Social Services 

Total Rules: 1 Original Filing Date: 7/26/2013 

Rule Type Action CSI FYR 

Amendment Withdrawn Filing Yes Yes 

65 State Board of Cosmetology • 

Total Rules: 1 Original Filing Date: 11/8/2013 

Rule Type Action CSI FYR 

New Rule Withdrawn Filing Yes No 

Date of Withdrawn Filing: 11/12/2013 Jurisdiction Ends: 

Rule Numb§r 

5101:2-14-14 

Rule Title 

Emergency and substitute caregiver for type B hom

in-home aides. 

Date of Withdrawn Filing: 11/19/2013 Jurisdiction Ends: 

Rule Number 

4713-7-08 

Rule Title 

Failure of applicants. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www_jcarr.state.oh.us • Page 22 • 12/11/
TENTATIVE AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

12/1112013 - 11:00 A.M. 

Statehouse Hearing Room 114(Rutherford B. Hayes) 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

TEN

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • {614} 466-4086 • www.jcarr.state.oh.us • Page 23 • 12/11
1 

2 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

Agenda- 4/8/2013- 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

FINAL AGENDA F

Consent 

Cagitol SQYi!l:!! Beview and Adviso!:l£ Boi!rd • 

Total Rules: 1 Original Filing Date: 2/20/2013 Date of Revised Filing: 2/25/2013 Jurisdiction Ends: 4/26/2013 

Rule T¥ge Action !&! FYR Rule Number Rule Title 

Amendment Revised Filing No No 128-4-02 Capitol buildings or grounds use: general rules and 

Chemical Degendenc)l Professionals Board • 

Total Rules: 40 Original Filing Date: 2/15/2013 Jurisdiction Ends: 4/21/2013 

Rule T¥ge Action !&! EYE Bule Number Rule Title 

Amendment Original Filing Yes No 4758-1-01 Adoption of rules/methods of public notice. 

Amendment Original Filing Yes No 4758-1-03 Minutes of board meetings. 

Amendment Original Filing Yes No 4758-2-01 Definitions, abbreviations and titles. Amendment Original Filing Yes No 4758-3-01 Fees. 

Amendment Original Filing Yes No 4758-4-01 Formal application for licensure or certification. 

New Rule Original Filing Yes No 4758-4-02 Licensed independent chemical dependency couns

licensed independent chemical dependency couns

Amendment Original Filing Yes No 4758-5-01 Requirements for certification of chemical depende

(COCA). 

Amendment Original Filing Yes No 4758-5-03 Requirements for licensure of chemical dependenc

Amendment Original Filing Yes No 4758-5-04 Requirements for licensure of chemical dependenc

Amendment Original Filing Yes No 4758-5-05 Requirements for licensure of independent chemic

(LICDC). 

Rescission Original Filing Yes Yes 4758-5-06 Requirements for certification of registered applica

New Rule Original Filing Yes No 4758-5-06 Requirements for licensure of independent chemica

counselors-clinical supervisor (LICDC)-CS. 

New Rule Original Filing Yes No 4758-5-07 Requirements for certification of registered applica

Rescission Original Filing Yes Yes 4758-5-08 Requirements for certification of Ohio prevention sp

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street· Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 1 • 41812
FINAL AGENDA 

New Rule Original Filing Yes No 

Rescission Original Filing Yes Yes 

New Rule Original Filing Yes No 

Amendment Original Filing Yes No. 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Rescission Original Filing Yes Yes 

New Rule Original Filing Yes No 

Rescission Original Filing Yes Yes 

New Rule Original Filing Yes No 

Rescission Original Filing Yes Yes 

New Rule Original Filing Yes No 

New Rule Original Filing Yes No New Rule Original Filing Yes No 

Amendment Original Filing Yes No Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/8/2013- 1:30 P.M. F

Statehouse Hearing Room 121{William McKinley Room) 

4758-5-08 Requirements for certification of Ohio prevention sp

4758-5-09 Requirements for certification of Ohio prevention sp

4758-5-10 Requirements for certification of Ohio prevention sp

4758-6-01 Scope of practice for chemical dependency counse

4758-6-03 Scope of practice for licensed chemical dependenc

4758-6-04 Scope of practice for licensed chemical dependenc

4758-6-05 Scope of practice for licensed independent chemica

(LICDC). 

4758-6-06 Scope of practice for registered applicants. 

4758-6-06 Scope of practice for licensed independent chemica

counselors-clinical supervisors (LICDC-CS). 

4758-6-07 Scope of practice for Ohio certified prevention spec

4758-6-07 Scope of practice for registered applicants (RA). 

4758-6-08 Scope of practice for Ohio certified prevention spec

4758-6-08 Scope of practice for Ohio certified prevention spec

4758-6-09 Scope of practice for Ohio certified prevention spec

4758-6-10 Scope of practice for Ohio certified prevention spec

4758-8-01 Code of ethics for chemical dependency counselor

4758-8-02 Code of ethics for clinical supervisors. 

4758-8-03 Code of ethics for prevention specialists. 

4758-10-01 Disciplinary action against licensees, certificate hol

4758-13-01 Continuing education requirements for CDCA, LCD

4758-13-02 Continuing education requirements for RA, OCPS 

4758-13-03 Special circumstances for the renewal of a license 

4758-13-04 Definition of recognized clock hours. 

4758-13-05 Lapsed license or certificate/restoration process. 

4758-15-01 Reciprocity. 

4758-20-02 Definitions, abbreviations and titles. 

Total Rules: 3 Original Filing Date: 2/15/2013 Date of Revised Filing: 3/15/2013 Jurisdiction Ends: 4/21/2013 

Rule TvPe Action CSI FYR Ryle Number Rule Title 

New Rule Revised Filing Yes No 4758-4-03 Administering examinations for individuals seeking 

transportation substance abuse professionals (DOT

New Rule Revised Filing Yes No 4758-5-09 Requirements for certification of Ohio prevention sp

Click on the rule number in blue above to view the rule in its entirely on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 2 • 41812
3 

FINAL AGENDA 

Amendment Revised Filing Yes No 

Dell!!!lmgnt of Education • 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/8/2013- 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

4758-20-05 Confidentiality statutes. 

F

Total Rules: 3 Original Filing Date: 2/8/2013 Jurisdiction Ends: 4/14/2013 

Rule TvDe Action CSI FYR 

Amendment Original Filing No No 

Amendment Original Filing No No 

Amendment Original Filing No No 

Total Rules: 3 Original Filing Date: 2/8/2013 

Rule Tyge Action CSI FYR 

Amendment Revised Filing No Yes 

Amendment Revised Filing No No 

New Rule Revised Filing No No 

Rule Number 

3301-24-19 

3301-24-20 

3301-24-21 

Rule Title 

Alternative resident educator license for teaching a 

four to twelve. 

Alternative resident educator license for teaching w

prekindergarten to twelve. 

Alternative resident educator license for interventio

to twelve. 

Date of Revised Filing: 2/27/2013 Jurisdiction Ends: 4/14/2013 

Rule Number 

3301-24-08 3301-24-22 3301-35-15 

Rule Title 

Professional or associate license renewal. 

Alternative resident educator license for career-tec

programs. 

Standards for the implementation of positive behav

use of restraint and seclusion. 

4 Department of Job and Family Services • Division of Medical Assjst!!ncg 

Total Rules: 1 Original Filing Date: 2/20/2013 

Rule Type Action CSI FYR Rule Number 

Amendment Original Filing No No 5101:3-3-16.4 

5 Department of Job and Family Services • Division of Public Assistance 

Total Rules: 1 Original Filing Date: 2/22/2013 

Rule Type Action FYR 

Amendment Original Filing No No 

Rule Number 

5101:1-2-70 

6 Department of Job and Family Services • Division of Social Services 

Total Rules: 1 

Rule Tyge 

New Rule 

Original Filing Date: 2/5/2013 

Action CSI FYR 

Original Filing No No 

Rule Number 

5101:2-42-65.1 

7 Department of Natural Resources • Division of Wildlife 

Total Rules: 3 Original Filing Date: 2/4/2013 

Jurisdiction Ends: 4/26/2013 

Rule Title 

Coverage of bed-hold days for medically necessar

from nursing facilities (NFs). 

Jurisdiction Ends: 4/28/2013 

Rule Title 

Issuance of cash assistance benefits. 

Jurisdiction Ends: 4/11/2013 

Rule Title 

Exit interviews when a child in custody leaves an o

Jurisdiction Ends: 4/10/2013 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 3 • 41812
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/8/2013 - 1:30 P.M. F

Statehouse Hearing Room 121(William McKinley Room) 

Rule Type Action 

Amendment Original Filing 

Rescission Original Filing 

CSI FYR 

No Yes No Yes 

Rescission Original Filing No Yes 

Total Rules: 7 Original Filing Date: 2/4/2013 

Rule Type Action CSI FYR 

Amendment Revised Filing No Yes Amendment Revised Filing No Yes Amendment Revised Filing No Yes Amendment Revised Filing No Yes Amendment Revised Filing No Yes Amendment Revised Filing No Yes Amendment Revised Filing No Yes 

Total Rules: 2 Original Filing Date: 2/4/2013 

Rul§ Type Action .Q!2l FYR 

Amendment Revised Filing No Yes 

Amendment Revised Filin!'J No Yes 

Rule Number 

1501:31-15-04 1501:31-15-12 

Rule Title 

State-owned or administered lands designated as p

Urban deer units. 

1501:31-15-13 Early muzzleloading deer hunting areas. 

Date of Revised Filing: 3/7/2013 Jurisdiction Ends: 4/10/2013 

Rule Number Rule Tjtle 

1501:31-9-03 1501:31-13-01 1501:31-15-06 1501:31-15-10 1501:31-15-17 

Regulations on the use of firearms on division owne

Sport fishing. 

Areas requiring permit to hunt thereon. 

Wild turkey regulations. 

Seasons for game birds, game quadrupeds and fur

1501:31-16-01 Wildlife minimum values. 

1501 :31-21-02 Duck blind permit requirements. 

Date of Revised Filing: 3/8/2013 Jurisdiction Ends: 4/10/2013 

Rule Number 

1501:31-1-02 1501:31-3-15 

Rule Title 

Definition of terms. 

Taking of certain species of fish with seine. 

8 Department of Natural Resources • Division of Wildlife 

Total Rules: 1 Original Filing Date: 2/22/2013 

Rule Type Action .Q!2l FYR 

Rescission 

Total Rules: 1 

Rule Type 

New Rule 

Original Filing Yes Yes 

Original Filing Date: 2/22/2013 

Action CSI FYR 

Revised Filing Yes No 

9 Department of Public Safety • 

Total Rules: 1 Original Filing Date: 2/14/2013 

Rule Type Action .Q!2l FYR 

Amendment Original Filing 

10 Ohio Athletic Commission· 

Yes No 

Total Rules: 1 Original Filing Date: 6/18/2012 

Rule Type Action CSI FYR 

Jurisdiction Ends: 4/28/2013 

Rule Number Rule Title 

1501:31-15-03 Nuisance wild animal regulations. 

Date of Revised Filing: 3/20/2013 Jurisdiction Ends: 4/28/2013 

Rule Number 

1501:31-15-03 

Rule Number 

4501-7-23 

Rule Tjtle 

Nuisance wild animal control. 

Jurisdiction Ends: 4/20/2013 

Rule Title 

Character and fitness for CDL schools. 

Date of Refiled Filing: 3/13/2013 Jurisdiction Ends: 4/12/2013 

Rule Number Rule Title 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 4 • 41812
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/8/2013 -1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

Amendment Refiled Filing Yes Yes 

11 Ohio Casino Control Commission • 

Total Rules: 7 Original Filing Date: 2/14/2013 

Rule Action CSI FYR 

New Rule Original Filing Yes No 

New Rule Original Filing Yes No 

New Rule Original Filing Yes No 

Amendment Original Filing Yes No 

New Rule Original Filing Yes No 

Amendment Original Filing Yes No 

Amendment Original Filing Yes No 

12 Ohio Environmental Protection AgencJl • 

Total Rules: 1 Original Filing Date: 2/11/2013 

Rule Tvoe Action CSI EYE 

Amendment Revised Filing Yes No 

13 QhiQ Police !lnd Fire PensiQn Fund • 

Total Rules: 1 Original Filing Date: 2/7/2013 

Rule Tvoe Action CSI FYR 

Rescission Original Filing No Yes 

14 State Board of Sanitarian Registration • 

Total Rules: 1 Original Filing Date: 2/8/2013 

Rule Action CSI FYR 

Amendment Original Filing Yes Yes 

3773-2-03 

Rule Number 

3772-3-06 

3772-5-06 

3772-8-06 

3772-10-03 

3772-10-29 

3772-11-42 

3772-13-02 

Female boxing rules. 

Rule Iitle 

Passive investor. 

Jurisdiction Ends: 4/20/2013 

Key employee license temporary credential. 

Casino gaming employee license temporary crede

Casino operator or casino operator applicant's org

Slot machine tournaments. 

Poker room; banks and transactions. 

Advertising; promotion of responsible gaming. 

Date of Revised Filing: 2/11/2013 Jurisdiction Ends: 4/17/2013 

Rule Number 

3745-21-09 

Rule Number 

742-1-01 

Rule Number 

4736-9-01 

Rule Title 

Control of emissions of volatile organic compounds 

perchloroethylene from dry cleaning facilities. 

Jurisdiction Ends: 4/13/2013 

Rule Title 

Continuation of membership for part-time and volu

assets. 

Jurisdiction Ends: 4/14/2013 

Rule Title 

Procedures and information: examination. 

15 State Teachers Retirement S)lstem • Defined Benefits 

Total Rules: 1 Original Filing Date: 2/15/2013 

Rule Action CSI FYR 

Amendment Original Filing No No 

Rule Number 

3307:1-4-01 

Jurisdiction Ends: 4/21/2013 

Rule Title 

Compensation includible in the determination of fin

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

JCARR 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • wwwJcarr.state.oh.us • Page 5 • 4/8/2
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/8/2013- 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

To Be Refiled 

16 Department of Natural Resources • Division of Wildlife 

Total Rules: 1 Original Filing Date: 2/4/2013 Date ofTo Be Refiled: 4/3/2013 Jurisdiction Ends: 

Rule Type Action CSI FYR Rule Number Rule Title 

F

Amendment To Be Refiled No Yes 1501:31-3-04 Prohibited places and times for using nets in lake E

Total Rules: 1 Original Filing Date: 2/4/2013 Date of To Be Refiled: 4/8/2013 Jurisdiction Ends: 

Rule Type Action CSI FYR 

Amendment To Be Refiled No Yes 

Rule Number 

1501:31-15-11 

Rule Title 

Deer regulations. 

Withdrawn 

17 Board of Speech-Lanauage Pathology and Audiology • 

Total Rules: 1 Original Filing Date: 3/28/2013 

Rule Type Action 1&1 FYR 

New Rule Withdrawn Filing Yes No 

18 Department of Health • 

Total Rules: 1 Original Filing Date: 1/8/2013 

Rule Type Action CSI FYR 

Amendment Withdrawn Filing Yes Yes 

Date of Withdrawn Filing: 3/29/2013 Jurisdiction Ends: 

Rule Number 

4753-2-01 

Rule Title 

Telehealth Communication. 

Date of Withdrawn Filing: 3/29/2013 Jurisdiction Ends: 

Rule Number 

3701-17-08 

Rule Title 

Personnel requirements. 

19 Department of Job and Family Services· Division of Food Stamps 

Total Rules: 1 Original Filing Date: 6/22/2012 Date of Withdrawn Filing: 4/4/2013 Jurisdiction Ends: 

Rule Type Action CSI FYR Rule Title 

Amendment Withdrawn Filing No No 

Rule Number 

5101:4-3-09 Food assistance: Ohio works first assistance group

20 Department of Job and Family Services • Division of Public Assistance 

Total Rules: 3 

Rule Type 

Rescission 

New Rule New Rule 

Original Filing Date: 6/22/2012 

Action CSI FYR 

Withdrawn Filing No Yes Withdrawn Filing No No Withdrawn Filing No No 

Date of Withdrawn Filing: 4/4/2013 Jurisdiction Ends: 

Rule Title 

Ohio works first (OWE): three-tier sanctions. Ohio works first: three-tier sanctions. 

Rule Number 

5101:1-3-15 5101:1-3-15 5101:1-3-15.1 Transition of Ohio works first (OWE) sanctioned ass

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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.ohus • Page 6 • 41812
FINAL AGENDA 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

4/8/2013- 1:30 P.M. 

Statehouse Hearing Room 121(William McKinley Room) 

compliance. 

21 Department of Rehabilitation and Correction • 

Total Rules: 2 Original Filing Date: 4/2/2013 Date of Withdrawn Filing: 4/2/2013 Jurisdiction Ends: 

Rule Type Action .QSl EYE Rule Title 

F

Amendment Withdrawn Filing 

New Rule Withdrawn Filing 

No Yes No No 

Rule Number 

5120-5-03 5120-9-39 

Court order for payment of funds from inmate's acc

Restoration of voting rights for individuals convicte

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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 7 • 41812
Article Ill 

Attachment D 

Final Adoption Notice to LSC 

Director and Secretary of State 
Electronic Ru 

The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

Legislative Service Commission 

77 South High St, 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse Level 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuan

Ohio Revised Code. 

Package Number: 

File Date and Time: 

Confirmation Number: 

FINAl FILE 

Rule Number Type 

101697 

04/19/2013 10:03 AM 

16dc10cf3146a8a3bca19257bd40c3 

FYR CSI JE Date Eff Date 

3745-21-09 Amendment N y 04/17/2013 04/29/2013 

Page 1 

Next FYR Tagline 

Control of emissions of vo

stationary sources and per

facilities. 
flectroni Rule 

The Honorable Jon Husted 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

Mark Flanders, Director 

legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

Larry Wolpert, Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse level 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuan

Ohio Revised Code. 

Package Number: 

File Date and Time: 

Confirmation Number: 

FINAL FILE 

Rule Number Type 

112837 

01/07/2014 01:09PM 

6146c1c7434d160a33763f5cce6d4 

FYR CSI JE Date Eff Date 

3745-21-09 Amendment N y 01/01/2014 01/17/2014 

Page 1 

Next FYR Tag line 

Control of emissions of vo

stationary sources and pe

facilities. 
Article IV 

Hearing Transcripts 
BEFORE THE OHIO ENVIRONMENTAL PROTECTION AGENCY 

IN RE: 

OHIO ADMINISTRATIVE CODE, 

CHAPTER 3745-21-09. 

Public hearing held before Ms. Mary McCarron, 

Public Involvement Manager, Ohio EPA 1 s Public Interest 

Center, 50 West Town Street, Suite 700, Columbus, Ohio 

43215, taken before Diane L. Schad, Court Reporter, on 

Tuesday, March 19, 2013, at 10:50 a.m. 

FRALEY, COOPER & ASSOCIATES 

222 East Town Street, Second Floor 

Columbus, Ohio 43215-4620 

(614) 228-0018 - (800) 852-6163 

Fax - I 614 I 224-5724 
2 

1 P R 0 C E E D I N G S 

2 

3 MS. McCARRON: My name is Mary McCarron. 

4 I will be presiding over today's public hearing. 

5 The purpose of the hearing today is to obtain 

6 comments from any interested person regarding Ohio 

7 EPA's proposed rules. 

8 Ohio EPA, Division of Air Pollution Control, 

9 is proposing revisions to rules in the Ohio 

10 Administrative Code, Chapter 3745-21-09, regarding 

11 control of emissions of volatile organic compounds from 

12 stationary sources and perchloroethylene from dry 

13 cleaning facilities. 

14 These rules have been filed with the Joint 

15 Committee on Agency Rule Review. Copies of those rules 

16 are available for public review at Ohio EPA's Columbus 

17 office and on our website. 

18 All interested persons are entitled to attend 

19 or be represented and to present oral and/or written 

20 comments concerning the proposed rules. All written 

21 and oral comments received as part of the official 

22 record will be considered by the Director of Ohio EPA. 

23 To be included in the official record, 

24 written comments must be received by Ohio EPA by the 

FRALEY, COOPER & ASSOCIATES 

(614) 228-0018 (800) 852-6163 (740) 345-8556 
3 

1 close of business today, TUesday, March 19, 2013. 

2 There is no one in attendance to provide 

3 comments so we 1 11 go off the record until 11:00. 

4 ' (Off the record.) 

5 MS. McCARRON: The time is now 11:00 and this 

6 hearing is adjourned. 

7 

8 Thereupon, at 11:00 a.m. on Tuesday, 

9 March 19, 2013, the hearing was adjourned. 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

FRALEY, COOPER & ASSOCIATES 

(614) 228-0018 (800) 852-6163 (740) 345-8556 
4 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

CERTIFICATE 

I do hereby certify that the foregoing is a 

true and correct transcript of the proceedings taken by 

me in this matter before the Ohio EPA, on Tuesday, 

March 19, 2013. 

DIANE L. SCHAD, 

COURT REPORTER. 

FRALEY, COOPER & ASSOCIATES 

(614) 228-0018 (800) 852-6163 (740) 345-8556 
1 BEFORE THE OHIO ENVIRONMENTAL PROTECTION AGENCY 

2 

4 OHIO ADMINISTRATIVE CODE 

RULE 3745-21-09, "CONTROL 

5 OF EMISSIONS OF VOLATILE 

ORGANIC COMPOUNDS FROM 

6 STATIONARY SOURCES." 

7 

8 Public hearing held before Ms. Amber Kent 

9 Finkelstein, Public Involvement Coordinator for Ohio 

10 EPA 1 S Public Interest Center, taken before Diane L. 

11 Schad, Court Reporter, at Ohio EPA Public Interest 

12 Center, 50 West Town Street, Suite 700, Hearing Room A, 

13 Columbus, Ohio 43215, commencing on Friday, 

14 December 6, 2013, at 10:36 a.m. 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

FRALEY, COOPER & ASSOCIATES 

222 East Town Street, Second Floor 

Columbus, Ohio 43215-4620 

(614) 228-0018 - (800) 852-6163 

Fax - I 614 I 224-5724 

1 
1 P R 0 C E E D I N G S 

2 

3 MS. KENT FINKELSTEIN: My name is Amber Kent 

4 Finkelstein. I will be presiding over today's public 

5 hearing. The purpose of the hearing today is to obtain 

6 comments from any interested person regarding Ohio 

7 EPA 1 s proposed rules. 

8 Ohio EPA, Division of Air Pollution Control, 

9 has proposed draft amended Ohio Administrative Code 

10 Rule 3745-21-09, 11 Control of Emissions of Volatile 

11 Organic Compounds from Stationary Sources.n 

12 On May 9, 2012, the U.S. EPA Administrator 

13 signed a notice of final rUlemaking determining that 

14 Onboard Refueling Vapor Recovery systems, ORVR systems, 

15 are in widespread use throughout the motor vehicle 

16 fleet which was published in the Federal Register on 

17 May 16, 2012. 

18 In light of the formal declaration by U.S. 

19 EPA that the ORVR are in widespread use, Ohio EPA has 

20 determined that it is necessary to make amendment to 

21 Paragraph DDD of this rule to allow existing Gasoline 

22 Dispensing Facilities to decommission their Stage II 

23 systems. 

24 These rules have been filed with the Joint 

2 
1 Committee on Agency Rule Review. Copies of those rules 

2 are available for public review at Ohio EPA 1 s Columbus 

3 office and on our website. 

4 All interested persons are entitled to be 

5 represented and to present oral and/or written comments 

6 concerning the proposed rules. All written and oral 

7 comments received as part of the official record will 

8 be considered by the Director of Ohio EPA. To be 

9 included in the official record, written comments must 

10 be received by Ohio EPA by the close of business today, 

11 Friday, December 6, 2013. 

12 Written statements submitted after today may 

13 be considered as time and circumstances permit, but 

14 will not be part of the official record of the hearing. 

15 We will now receive testimony. 

16 As there is no one in attendance to provide 

17 comments, we will go off the record for 30 minutes. It 

18 is now 10:38. 

19 (Off the record from 10:38 a.m. to 11:08 a.m.) 

20 MS. KENT FINKELSTEIN: We are back on the 

21 record. 

22 It is now 11:08 and there are no citizens in 

23 attendance that wish to provide testimony. As a 

24 result, we will now adjourn the hearing. The time is 

3 
1 11:08 and this hearing is adjourned. 

2 

3 Thereupon, on Friday, December 6, 2013, at 

4 11:08 a.m. the hearing was adjourned. 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

4 
1 CERTIFICATE 

2 

I do hereby cer~ify that the foregoing is a 

3 true and correct transcript of the proceedings taken by 

me in this matter before the Ohio EPA, on Friday, 

4 December 6, 2013. 

5 DIANE L. SCHAD, 

COURT REPORTER. 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

5 
Article V 

Response to Comments 
aiiEFt\ 

Division of Air Pollution Control 

Response to Comments 

Draft Rule Language Comment Period 

Rule: Ohio Administrative Code (OAC) Rule 3745-21-09, "Control of emissions 

of volatile organic compounds from stationary sources and 

perchloroethylene from dry cleaning facilities" 

Agency Contact for this Package 

Division Contact: Paul Braun, DAPC, 614-644-3734, paul.braun@epa.state.oh.us 

Ohio EPA provided an 11 day comment period which ended on January 25, 2013. This 

document summarizes the comments and questions received during the associated 

comment period. 

Ohio EPA reviewed and considered all comments received during the public comment 

period. By law, Ohio EPA has authority to consider specific issues related to protection 

of the environment and public health. 

In an effort to help you review this document, the questions are grouped by topic and 

organized in a consistent format. The name of the commenter follows the comment in 

parentheses. 

Comment 1: 

Response 1: 

3745-21-09: The addition of all the new language in rule 

number 3745-21-09 adds clarity and definition to Stage II 

vapor recovery and automobile coating controls 

(Mr. Scott Bushbaum, Private citizen) 

We support the principles behind the proposal to change 

paragraph (ODD), "Gasoline dispensing facilities (stage II 

vapor control systems)" We agree that USEPA has 

determined that onboard vapor recovery systems are in 

widespread use, such that stage II systems are largely 

redundant, especially for new installations. 

(Mr. John A. Paul, Administrator, RAPCA) 

Ohio EPA thanks you for your support of this rulemaking 

effort. 
Rule Package: OAC Rule 3745-21-09 

Response to Comments 

February 8, 2013 

Comment 2: 

Response 2: 

Page 2 of2 

We have no objection to proposed Paragraph (C) "Surface 

Coating of automobiles and light-duty trucks". We note that 

one of the sources in our 6-county area, Navistar intends to 

submit comments recommending this exemption also be 

applied to heavy-duty trucks. Lacking sufficient technical 

information to support this request by Navistar, we 

nonetheless call your attention to it and ask that you give it 

appropriate consideration. 

(John A. Paul, Administrator, RAPCA) 

Navistar respectfully requests adding "Heavier vehicle 

assembly facility" as defined in OAC 3745-21-09(0)(94) to 

the existing rule, OAC 3745-21-09(DDD)(4)(d) to include an 

exemption for a heavier vehicle assembly facility similar to 

what is already provided for an automobile or light-duty truck 

assembly plant. 

(Terri Sexton, Environmental Mgr., Navistar, Inc.) 

Ohio EPA agrees with these comments and has changed 

paragraph (DOD)( 4 )(d) as requested to read: 

"Paragraph (000)(1) of this rule shall not apply to any motor 

vehicle fueling or refueling operation which is located at an 

automobile or light-duty truck assembly plant or heavier 

vehicle assembly facility and which, considered alone, has 

a monthly gasoline throughput of less than ten thousand 

gallons per month. Any gasoline dispensers located within 

two hundred feet from each other shall be considered as one 

operation for the purpose of this exemption." 

End of Response to Comments 
Article VI 

Technical Support 
Technical Support 

Stage II Vapor Recovery System Emissions 

Ohio has approximately 1 ,900 Gasoline Dispensing Facilities (GDFs) in sixteen counties 

that have Stage II vapor recovery systems (VRS). Based on U.S. EPA's guidance 

document, "Guidance on Removing Stage II Gasoline Vapor Control Programs from 

State Implementation Plans and Assessing Comparable Measures," dated August 7, 

2012, Ohio EPA has conducted an emissions analysis and has determined the Stage II 

program will no longer provide any emission reduction benefits beginning in 2017 due to 

the widespread use of onboard refueling vapor recovery (ORVR) in light-duty vehicles 

(passenger cars). In addition, there can be compatibility issues between Stage II 

controls and ORVR that cause an increase in emissions. Attachment I contains the 

emissions calculations to support Ohio EPA's claims. 

Since the Stage II vapor recovery program was created to address the ozone National 

Ambient Air Quality Standards (NAAQS) and, based on discussions with Glenn 

Passavant, U.S. EPA Office of Transportation and Air Quality's Assessment and 

Standards Division, the emissions analysis estimates emissions during the ozone 

season, which is from May 1 to September 30. In addition, all variables are based on 

the ozone season time period, such as gasoline Reid Vapor Pressures (RVPs), 

temperatures and vehicle miles traveled (VMT). 

The guidance provides two methods for estimating the emissions control benefit of 

Stage II controls. The first method is calculating the overall Stage 11-0RVR increment, 

which is the area-wide emissions control gain from Stage II control as ORVR phases in. 

The increment is a unit-less weight fraction that indicates the amount of control Stage II 

controls provide. A positive increment indicates a benefit of Stage II controls while a 

negative value indicates that Stage II control is adversely affecting refueling emissions 

controls. Equation 1 from the U.S. EPA guidance for calculating the increment is as 

follows: 

increment;= (Qsll)(1 - QoRvR;)(ll;usll)- (Qsllva)(CF;) 

Where: 

increment; is the area-wide emissions control gain from Stage II control as ORVR 

phases in. 

Q511 is the fraction of highway gasoline that is sold through dispensers equipped 

with Stage II VRS equipment. The value used by Ohio EPA is 0.9, which is the 

default value from Section 3.2.1 of the U.S. EPA guidance document. 

Q0 RvR; is the fraction of gallons of gasoline dispensed to ORVR-equipped 

vehicles. Ohio EPA obtained these values for each year analyzed from Appendix 

A, Table A-1, Column 4 of the U.S. EPA guidance document. 

ll;us11 is the Stage II VRS in-use control efficiency. Since Ohio EPA does not have 

1 
specific data, Ohio EPA used 70% efficiency for the Stage II systems in the 

calculations based on correspondence with U.S. EPA in November 2012. 

Os11va is the fraction of highway gasoline throughput dispensed through vacuumassist type Stage II VRS. Ohio EPA used the values from Appendix A, Table A8, Column 5 of the U.S. EPA guidance document 

CF; is the compatibility factor, which is a function of the fraction of gasoline 

dispensed to ORVR-equipped vehicles (VMT is used as a surrogate), the design 

features of the vacuum-assist Stage II nozzles, and the proportion of vacuum 

assist Stage II stations. The compatibility factor is calculated two ways, as 

follows: 

CF; = (0.07645)(VMT ORVRi) 

Where: 

VMT oRVRi is the fraction of gasoline-fueled VMT by vehicles equipped with 

ORVR.from Appendix A, Table A-1, Column 3 of the U.S. EPA guidance 

document 

or 

CF; = (0.0777)(0oRvR;) 

Where: 

OoRvR; is the same as defined in the increment equation above. 

"i" by any variable indicates a time period. For these calculations, "i" represents 

the ozone season. 

The second method is calculating the overall Stage II - ORVR delta, which is the 

comparison between the Stage II and ORVR efficiencies with both controls in place. 

Like the increment calculation above, it is a unit-less fraction that indicates the amount 

of control Stage II controls provide. However, the delta calculation accounts for the 

greater efficiency of ORVR relative to non-ORVR vehicles refueling at Stage 11-equipped 

GDFs. A positive delta indicates the increased weight fraction of Stage II control 

efficiency with respect to ORVR controls only. A negative delta indicates a decreased 

weight fraction of Stage II control efficiency with respect to ORVR controls only. 

Equation 2 from the U.S. EPA guidance for calculating the delta is as follows: 

delta; = (Qsii)(IUuSII)- (Osllva)(CF;)- (QoRVR;)(fl.oRvR) 

Where: 

2 
Os11. lliuSII. Os11va. CF;, OoRvR; , and "i" are the same as the increment equation 

above. The values used for these variables are also the same as the increment 

equation. 

lloRvR is the control efficiency of ORVR controls. Ohio EPA used the U.S. EPArecommended value of 0.98 from Section 3.2.2 of the U.S. EPA guidance 

document. 

The increment and delta efficiency differences above were used to calculate the 

quantity of emissions, in tons emitted during period "i" (ozone season), using the 

following Equation 3 from the U.S. EPA guidance: 

Tons; =(increment; or delta1)(GC;)(EF) 

Where: 

increment; and delta; are calculated in Equations 1 and 2 above of the U.S. EPA 

guidance, respectively. 

GC1 is the gasoline consumption in gallons. Annual, actual state-wide gasoline 

consumption was obtained from the Ohio Department of Taxation. Future years' 

consumption was developed based on growth rates from the past five years of 

annual consumption data. The state-wide, annual gasoline consumption was 

broken down into county-specific data for May to September based on countyspecific, annual vehicle miles travel data provided by the Ohio Department of 

Transportation (ODOT) and month-VMT fractions obtained from motor vehicle 

emission simulator (MOVES) modeling input data used by Ohio EPA and ODOT. 

This VMT was used to apportion the state-wide gasoline consumption to the 

sixteen counties with Stage II emission control programs during the ozone 

season. 

EF is the em1ss1on factor for the uncontrolled VOC em1ss1ons from vehicle 

refueling in grams per gallon (g/gal). Equation 4 of the U.S. EPA guidance 

document for calculating the emission factor is as follows: 

EF = exp[-1.2798 - 0.0049(AT) + 0.0203(Td) + 0.1315(RVP)] 

Where: 

AT is the difference, in degrees F, between the vehicle fuel tank 

temperature and the dispensed fuel temperature. Ohio EPA used the 

"Region 1, 5-month Ozone Season" value from Appendix A, Table A-3 of 

the U.S. EPA guidance document. 

Td is the dispensed fuel temperature in degrees F. Ohio EPA used the 

average of months April through September for "Region 1 ", Appendix A, 

3 
Table A-2 of the U.S. EPA guidance document. 

RVP is the Reid Vapor Pressure of the gasoline for each county during the 

ozone season. As required by Ohio Administrative Code (OAC) rule 

3745-72-03(A), the RVP for all gasoline sold in the Cincinnati and Dayton 

areas shall not exceed 7.8 p.s.i. However, OAC rule 3745-72-07(A) 

allows the gasoline to exceed the 7.8 RVP by one p.s.i. if the gasoline 

contains anhydrous ethanol. Per OAC rule 3745-72-01(D), the Dayton 

area includes Montgomery, Miami, Greene and Clark counties and the 

Cincinnati area includes Hamilton, Butler, Warren and Clermont counties. 

The Cleveland area (Cuyahoga, Ashtabula, Lake, Lorain, Geauga, 

Summit, Medina and Portage counties) is not required to comply with this 

requirement unless the area violates the ozone NAAQS per OAC rule 

3745-72-01(8). The RVP for the Dayton and Cincinnati areas is 8.8 

during May to September period. The RVP for the Cleveland area is 9.7 

for this same period. Both RVP values were obtained from U.S. EPA 

2011 fuel data used in the MOVES. 

Table 1 below shows the difference in VOC emissions, in tons emitted during the ozone 

season, for removing Stage II VRS as calculated by the equation above for both the 

increment and delta efficiencies. 

Table 1 -VOC Emissions Difference during Ozone Season 

Year Increment Delta Emissions (tons) 

Increment Delta 

2010 0.1395 -0.1037 595 -443 

2011 0.1086 -0.1501 474 -656 

2012 0.0817 -0.1903 356 -830 

2013 0.0584 - 0.2251 254 -980 

2014 0.0374 -0.2566 162 -1,116 

2015 0.0198 -0.2830 86 - 1,228 

2016 0.0050 - 0.3051 21 - 1,322 

2017 -0.0069 - 0.3229 -30 - 1,397 

As noted above, a positive increment indicates a benefit of Stage II controls while a 

negative value indicates that Stage II control is adversely affecting refueling emissions 

controls. The increment is positive for years 2010 to 2016 and becomes negative in 

2017. For 2017, retaining Stage II controls will cause an emissions increase of 30 tons 

versus ORVR controls only. The increment calculation for years 2010 to 2016 still show 

an emissions benefit to retaining Stage II controls. 

Also noted above, a negative delta indicates a decreased Stage II control efficiency with 

respect to ORVR controls only. For all years examined, ORVR would provide greater 

emission reductions than Stage II alone by the values presented in the table. However 

for conservatism, Ohio EPA has used the VOC emissions difference as calculated using 

the increment. 

4 
Since Ohio has approximately 1 ,900 GDFs in sixteen counties that have Stage II VRS, it 

was determined that a phased out decommissioning process was necessary. The 

phase-out period started on January 17, 2013 and ends on January 1, 2017. At that 

time, all Stage II VRS should be decommissioned. 

To help offset some initial emissions increases during the phase-in period, Ohio EPA is 

requiring the installation of low permeation hoses as defined in UL 330 (Seventh 

Edition) "Underwriters Laboratories' Standard for Hose and Hose Assemblies for 

Dispensing of Flammable Liquids". Low permeation hoses are estimated to reduce 

emissions by 10.8 lbs./year/hose. If an average GDF has 10 hoses and there are over 

1 ,900 GDFs in Ohio with Stage II, low permeation hoses will provide 42.9 tons of VOC 

emission reductions during ozone season each year (21.4 tons for Cleveland area, 13.6 

tons for Cincinnati area and 7.9 tons for Dayton area). Table 2 below includes a 

summary of "increment" VOC emissions from each county for years 2013 through 2017, 

including the impact of low permeation hoses. In addition, typical summer day 

emissions from all sectors, including electric generating units (EGU), non-EGU point 

sources, non-road, on-road, and other (area sources). All calculation tables and graphs 

are included at the end of this technical support document. 

Table 2- County VOC Emissions Difference During Ozone Season (tons) 

2013 2014 2015 2016 2017 

Cleveland Area 

Ashtabula 5.19 3.24 1.66 0.37 -0.62 

Cuyahoga 56.20 35.60 18.49 4.23 -7.14 

Geauga 4.11 2.60 1.35 0.31 -0.52 

Lake 11.43 7.22 3.74 0.85 - 1.43 

Lorain 13.81 8.85 4.65 1.08 - 1.84 

Medina 8.94 5.72 3.00 0.69 - 1.18 

Portage 9.18 5.82 3.03 0.69 - 1.17 

Summit 30.06 19.01 9.85 2.25 -3.79 

Subtotal 138.91 88.04 45.75 10.47 - 17.70 

Low Permeation - 21.42 - 21.42 - 21.42 - 21.42 - 21.42 Hoses 

Total 117.49 66.62 24.33 - 10.95 - 39.12 

Daily Total* 0.77 0.44 0.16 -0.072 -0.26 

Typical Summer 367.17 367.17 367.17 367.17 367.17 Day** 

% of Summer 0.21% 0.12% 0.043% - 0.019% -0.070% Day 

5 
T a e bl 2 - C ounty VOCE miSSIOnS .. D . urmg 0 zone Season (tons) (continued) 

2013 2014 2015 2016 2017 

Cincinnati Area 

Butler 12.18 7.80 4.13 1.06 - 1.41 

Clermont 7.62 4.90 2.61 0.67 -0.90 

Hamilton 39.82 25.70 13.75 3.56 -4.76 

Warren 8.02 5.08 2.64 0.60 - 1.02 

Subtotal 67.64 43.48 23.13 5.90 -8.08 

Low Permeation - 13.59 - 13.59 - 13.59 - 13.59 - 13.59 Hoses 

Total 54.05 29.89 9.54 -7.69 -21.67 

Daily Total* 0.35 0.20 0.062 - 0.050 -0.14 

Typical Summer 147.05 147.05 147.05 147.05 147.05 Day** 

%of Summer 0.24% 0.13% 0.042% -0.034% -0.096% Day 

Dayton Area 

Clark 7.95 5.13 2.79 0.85 -0.70 

Greene 8.64 5.68 3.15 0.98 -0.82 

Miami 5.44 3.50 1.90 0.58 -0.47 

MontQomery 25.46 16.39 8.90 2.70 -2.21 

Subtotal 47.50 30.71 16.75 5.10 -4.20 

Low Permeation -7.90 -7.90 -7.90 -7.90 -7.90 Hoses 

Total 39.60 22.81 8.85 -2.79 - 12.09 

Daily Total* 0.26 0.15 0.058 - O.o18 - 0.079 

Typical Summer 99.66 99.66 99.66 99.66 99.66 Day** 

%of Summer 0.26% 0.15% 0.058% - 0.018% -0.079% Day 

* 153 Days 1n the ozone season 

** Typical summer day in 2008 for the Cleveland and Cincinnati areas (Table 1, 

State Implementation Plan, 2008 Eight-Hour Ozone National Ambient Air Quality, 

Standard Emissions Inventory & Emissions Statement, July 2014), and 2002 for 

the Dayton area (Table 7, Request for Redesignation and Maintenance Plan for 

Ozone Attainment in the Eight -Hour Ozone Basic Nonattainment Area, DaytonSpringfield, OH [1997 Eight-Hour Ozone Standard], November 2006). 

For the year 2013, which is the first year of the phase-out decommissioning process, 

the VOC emissions increase is 117.49, 54.05 and 39.60 tons per ozone season for the 

Cleveland, Cincinnati and Dayton areas respectively. Dividing these rates by the 

number of days during the ozone season (153) yields a typical summer day emissions 

increase of 0.77, 0.35 and 0.26 tons per summer day for the Cleveland, Cincinnati and 

Dayton areas respectively. These summer day emissions increases are only 0.21% to 

0.26% of the typical summer day VOC emissions rate. This emissions increase is 

insignificant with respect to the total summer day VOC emission rates of all sectors in 

these areas. Also, this minimal increase decreases over the next two years (2014 and 

2015) and becomes an emissions decrease in 2017 and all years thereafter. These 

6 
small, temporary emission increases will not interfere with attainment and maintenance 

of the 2008 ozone NAAQS and are necessary to allow a phased-in approach that 

ensures emissions increases will not occur after 2017. 

As noted in the U.S. EPA Guidance, "a planned Stage II phase-out that is shown to 

result in an area-wide VOC emissions increase may also be consistent with the 

conditions of Clean Air Act Section 110(t). A phase-out plan that would result in very 

small foregone emissions reductions in the near term that continue to diminish rapidly 

over time as ORVR phase-in continues, may result in temporary increases that are too 

small to interfere with attainment or progress toward attainment." The above-mentioned 

information clearly demonstrates that the phase-out of Stage II VRS does not cause a 

violation of Section 11 O(t) of the Clean Air Act. 

7 
Attachment I 

Emissions Calculations 
Annual State-wide Gasoline Throughput and Growth Factors 

Gasoline 

Year Throughput Source Growth Factors 

2007 5,098, 793,739 Reported 2007 to 2008 0.983 

2008 5,011,225,903 Reported 2008 to 2009 0.987 2009 4,947,371,191 Reported 2009 to 2010 1.005 

2010 4,970,761,774 Reported 2010 to 2011 1.004 

2011 4,988, 781,906 Reported Average 0.995 

2012 4,961,888,065 Estimated 2013 4,935,139,205 Estimated 2014 4,908,534,544 Estimated 2015 4,882,073,306 Estimated 2016 4,855,754,716 Estimated 

2017 4,829,578,007 Estimated 
Vehicle Miles Traveled (VMT) Growth Factors 

!stage II Counties 

Butler 

Clark 

County kDVMT from ODOT Annual Year-to-Y

2006 T 2007 1 2008 1 2009 1 2010 1 2011 2006-7 1 2007-8 1 2008-9 1 2

2,960 2,927 2,846 2,863 2,957 2,751 0.9891 0.9723 1,0058 -'-

17 6,820 6,922 6,764 7,031 7,078 6,985 1.0149 0.9772 1.0396 

23 4,475 4,478 4,281 4,332 4,452 4,469 1.0006 0.9560 1.0120 25 4,141 4,107 4,010 4,095 4,180 4,332 0.9919 0.9764 1.0211 

35 28,744 28,653 27,803 28,559 28,967 28,907 0.9968 0.9704 1.0272 

55 2,118 2,092 2,017 2,073 2,149 2,117 0.9875 0.9641 1.0281 

571 4,281 4,219 4,202 4,274 4,375 4,682 0.9854 0.9959 1.0171 

21,007 20,722 20,249 20,827 21,244 22,437 0.9864 0.9772 1.0286 

Lake 85 5,980 5,897 5,784 5,877 6,017 5,918 0.9861 0.9809 1.0161 Lorain 93 6,514 6,461 6,464 6,579 6,682 6,940 0.9917 1.0006 1.0177 

Medina 103 4,290 4,325 4,197 4,425 4,579 4,514 1.0082 0.9703 1.0545 

Miami 109 3,111 3,072 2,988 3,007 3,055 3,076 0.9876 0.9727 1.0062 

!Entire State 

113 14,541 14,346 14,031 14,128 14,266 14,371 0.9866 0.9780 1.0070 133 4,645 4,659 4,523 4,599 4, 763 4, 705 1.0032 0.9707 1.0170 

153 15,549 15,367 14,989 15,564 15,782 15,507 0.9883 0.9754 1.038: 165 
Ozone Season Gasoline Consumption - 2010 

Total Annual Total County Total Annual Gasoline %of Gasoline 

County CountyVMT- VMT (during Gasoline Used- throughput Consumed in Oz

2010 ozone season- (During Ozone Ozone Season 

5/1-9/30) 

2010 

Season) 

Ashtabula 1,011,203,389 429,368,409 47,265,346 20,069,401 42.46% 

Butler 2,420,605,943 1,060,495,272 113,143,190 49,569,331 43.81% 

Clark 1,522,481,966 687,713,233 71,163,366 32,144,872 45.17% Clermont 1,429,552,071 654,969,632 66,819,666 30,614,381 45.82% Cuyahoga 9,906,055,358 4,442,713,221 463,025,675 207,659,882 44.85% 

Geauga 734,872,544 325,718,038 34,349,178 15,224,608 44.32% Greene 1,496,074,200 707,499,626 69,929,022 33,069,721 47.29% 

Hamilton 7,265,189,762 3,377,646,997 339,587,179 157,876,897 46.49% 

Lake 2,057,671,850 912,505,220 96,179,040 42,652,027 44.35% 

Lorain 2,285,037,866 1,054,450,906 106,806,510 49,286,807 46.15% 

Medina 1,565,804,110 687,261,935 73,188,315 32,123,778 43.89% 

Miami 1,044,830,373 473,422,316 48,837,128 22,128,555 45.31% 

Montgomery 4,878,528,845 2,216,600,323 228,030,637 103,607,624 45.44% Portage 1,628, 711,500 722,051,389 76,128,713 33,749,895 44.33% 

Summit 5,397,183,951 2,387,055,354 252,273,448 111,574,979 44.23% 

Warren 1,611,202,077 713,825,860 75,310,293 33,365,420 44.30% 

Total16 Counties 46,255,005,804 20,85},297, 728 . 2,162,036, 705 974,718,181 45.08% 
Ozone Season Gasoline Consumption - 2011 

Total Annual 

Total County Total Annual Gasoline % of Gasoline 

County CountyVMT- VMT (during Gasoline Used- throughput Consumed in 

2011 

ozone season2011 (During Ozone Ozone Season 

S/1-9/30) Season) 

Ashtabula 940,905,790 423,407,606 44,832,249 20,174,512 45.00% 

Butler 2,388,579,430 1,065,807,550 113,810,957 50,783,565 44.62% 

Clark 1,528,275,123 687,723,805 72,819,205 32,768,642 45.00% 

Clermont 1,481,540,010 661,077,672 70,592,372 31,499,008 44.62% 

Cuyahoga 9,885,669,875 4,448,551,444 471,032,087 211,964,439 45.00% 

Geauga 724,018,070 325,808,131 34,497,990 15,524,096 45.00% 

Greene 1,601,294,890 720,582,700 76,298,448 34,334,302 45.00% 

Hamilton 7,673,118,285 3,423,820,575 365,608,498 163,138,095 44.62% 

Lake 2,023,880, 715 910,746,322 96,433,805 43,395,212 45.00% 

Lorain 2,373,374,958 1,068,018,731 113,086,495 50,888,923 45.00% 

Medina 1,543,575,350 694,608,907 73,548,230 33,096,703 45.00% Miami 1,052,049,590 4 72,421,824 50,128,026 22,509,940 44.90% 

Montgomery 4,914,590, 733 2,211,565,830 234,170,264 105,376,619 45.00% 

Portage 1,609,136,512 724,111,431 76,672,086 34,502,439 45.00% 

Summit 5,303,118,679 2,386,403,405 252,682,832 113,707,274 45.00% 

Warren 1,601,681,328 714,685,905 76,316,861 34,053,331 44.62% 

Total16 Counties 46,644,809,339 .. 20,939,}41,838 2,222,530,405 997,717,100 44.89% 
Ozone Season Gasoline Consumption - 2012 

Total Annual 

Total County Total Annual Gasoline %of Gasoline 

County CountyVMTVMT (during Gasoline Used- throughput Consumed in 

2012 ozone season- 2012 (During Ozone Ozone Season 

5/1-9/30) Season) 

Ashtabula 927,843,455 417,529,555 43,967,377 19,785,319 45.00% 

Butler 2,400,544,404 1,071,146,438 113,753,715 50,758,022 44.62% 

Clark 1,528,298,619 687,734,378 72,420,925 32,589,416 45.00% Clermont 1,495,356,385 667,242,673 70,859,903 31,618,383 44.62% Cuyahoga 9,898,660,752 4,454,397,338 469,064,197 211,078,889 45.00% 

Geauga 724,218,333 325,898,250 34,318,268 15,443,221 45.00% 

Greene 1,630,906,016 733,907,707 77,283,144 34,777,415 45.00% 

Hamilton 7, 778,012,410 3,470,625,362 368,573,814 164,461,248 44.62% 

Lake 2,019,979,588 908,990,814 95,720,030 43,074,013 45.00% 

Lorain 2,403,913,636 1,081, 761,136 113,913,371 51,261,017 45.00% 

Medina 1,560,076,491 702,034,421 73,926,771 33,267,047 45.00% 

Miami 1,049,826,275 471,423,446 49,747,732 22,339,169 44.90% 

Montgomery 4,903,428,381 2,206,542,771 232,356,957 104,560,631 45.00% 

Portage 1,613,727,443 726,177,349 76,469,109 34,411,099 45.00% 

Summit 5,301,670,300 2,385,751,635 251,228,301 113,052,735 45.00% 

Warren 1,603,611,096 715,546,986 75,989,729 33,907,362 44.62% 

Total16 Counties 46,840,073,58l 21,026,710,262 2,219,593,342_ 996,384,987 44.89% 

-· 
Ozone Season Gasoline Consumption - 2013 

Total Annual Total County Total Annual Gasoline %of Gasoline 

County CountyVMT- VMT (during Gasoline Used- throughput Consumed in 

2013 

ozone season2013 (During Ozone Ozone Season 

5/1-9/30) Season) 

Ashtabula 914,962,461 411,733,107 43,114,919 19,401,714 45.00% 

Butler 2,412,569,313 1,076,512,071 113,685,244 50,727,470 44.62% 

Clark 1,528,322,115 687,744,952 72,017,691 32,407,961 45.00% Clermont 1,509,301,606 673,465,168 71,121,406 31,735,068 44.62% Cuyahoga 9,911,668,701 4,460,250,915 467,058,280 210,176,226 45.00% 

Geauga 724,418,652 325,988,393 34,136,102 15,361,246 45.00% 

Greene 1,661,064,710 747,479,120 78,272,796 35,222,758 45.00% 

Hamilton 7,884,340,474 3,518,069,986 371,526,391 165,778,717 44.62% 

Lake 2,016,085,980 907,238,691 95,002,131 42,750,959 45.00% 

Lorain 2,434,845,261 1,095,680,368 114,734,933 51,630,720 45.00% 

Medina 1,576,754,032 709,539,315 74,299,903 33,434,957 45.00% 

Miami 1,047,607,659 470,427,179 49,365,434 22,167,499 44.90% 

Montgomery 4,892,291,381 2,201,531,121 230,534,864 103,740,689 45.00% 

Portage 1,618,331,472 728,249,162 76,259,118 34,316,603 45.00% 

Summit 5,300,222,316 2,385,100,042 249,757,412 112,390,835 45.00% 

Warren 1,605,543,188 716,409,105 75,656,508 33,758,675 44.62% 

Total16 Counties 47,038,329,321 21,115,418,695 2,216,543,133 995,002,097 44.89% 
Ozone Season Gasoline Consumption - 2014 

Total Annual Total County Total Annual Gasoline % of Gasoline 

County CountyVMT- VMT(during Gasoline Used- throughput Consumed in 

ozone season- (During Ozone 2014 Ozone Season 

S/1-9/30) 

2014 

Season) 

Ashtabula 902,260,290 406,017,130 42,274,811 19,023,665 45.00% 

Butler 2,424,654,458 1,081,904,581 113,605,586 50,691,926 44.62% 

Clark 1,528,345,611 687,755,525 71,609,626 32,224,332 45.00% Clermont 1,523,376,876 679,745,691 71,376,819 31,849,036 44.62% Cuyahoga 9,924,693,743 4,466,112,184 465,014,980 209,256,741 45.00% 

Geauga 724,619,026 326,078,561 33,951,547 15,278,196 45.00% Greene 1,691, 781,099 761,301,495 79,267,288 35,670,279 45.00% 

Hamilton 7,992,122,078 3,566,163,194 374,465,609 167,090,225 44.62% 

Lake 2,012,199,877 905,489,945 94,280,298 42,426,134 45.00% 

Lorain 2,466,174,890 1,109, 778,700 115,550,998 51,997,949 45.00% 

Medina 1,593,609,860 717,124,437 74,667,539 33,600,393 45.00% 

Miami 1,045,393,731 469,433,017 48,981,234 21,994,974 44.90% Montgomery 4,881,179,676 2,196,530,854 228,704,454 102,917,005 45.00% 

Portage 1,622,948,636 730,326,886 76,042,188 34,218,985 45.00% 

Summit 5,298, 774,729 2,384,448,628 248,270,595 111,721,768 45.00% 

Warren 1,607,477,609 717,272,262 75,317,303 33,607,319 44.62% 

Total16 Counties 47,239,612,189 21,205,483,092 2,213,380,874 993,568,925 44.89% 
Ozone Season Gasoline Consumption - 2015 

Total Annual 

Total County Total Annual Gasoline % of Gasoline 

County CountyVMT- VMT (during Gasoline Used- throughput Consumed in 

2015 

ozone season- (During Ozone Ozone Season 

5/1-9/30) 

2015 

Season) 

Ashtabula 889,734,460 400,380,507 41,446,983 18,651,142 45.00% 

Butler 2,436,800,140 1,087,324,103 113,514,782 50,651,408 44.62% 

Clark 1,528,369,108 687,766,099 71,196,847 32,038,581 45.00% 

Clermont 1,537,583,408 686,084,785 71,626,082 31,960,260 44.62% Cuyahoga 9,937, 735,902 4,471,981,156 462,934,940 208,320,723 45.00% 

Geauga 724,819,455 326,168,755 33,764,658 15,194,096 45.00% Greene 1, 723,065,495 775,379,473 80,266,494 36,119,922 45.00% 

Hamilton 8,101,377,093 3,614,913,853 377,390,842 168,395,492 44.62% 

Lake 2,008,321,265 903,744,569 93,554,718 42,099,623 45.00% 

Lorain 2,497,907,642 1,124,058,439 116,361,386 52,362,624 45.00% 

Medina 1,610,645,881 724,790,646 75,029,590 33,763,316 45.00% Miami 1,043,184,482 468,440,956 48,595,228 21,821,639 44.90% 

Montgomery 4,870,093,209 2,191,541,944 226,866,193 102,089,787 45.00% Portage 1,627,578,973 732,410,538 75,818,394 34,118,277 45.00% 

Summit 5,297,327,536 2,383,797,391 246,768,281 111,045,726 45.00% 

Warren 1,609,414,360 718,136,460 74,972,222 33,453,340 44.62% 

Total 16 Counties 47,443,958,410 21,296,919,673 2,210,107,640 992,085,957 44.89% 
Ozone Season Gasoline Consumption - 2016 

Total Annual 

Total County Total Annual Gasoline % of Gasoline 

County CountyVMT- VMT(during Gasoline Used- throughput Consumed in 

2016 

ozone season- (During Ozone 

5/1-9/30} 

2016 

Season) 

Ozone Season 

Ashtabula 877,382,522 394,822,135 40,631,362 18,284,113 45.00% 

Butler 2,449,006,663 1,092, 770,773 113,412,879 50,605,938 44.62% 

Clark 1,528,392,605 687,776,672 70,779,475 31,850,764 45.00% Clermont 1,551,922,425 692,482,995 71,869,135 32,068,712 44.62% 

Cuyahoga 9,950,795,200 4,477,857,840 460,818,807 207,368,463 45.00% 

Geauga 725,019,940 326,258,973 33,575,490 15,108,970 45.00% Greene 1, 754,928,402 789,717,781 81,270,290 36,571,631 45.00% 

Hamilton 8,212,125,662 3,664,330,949 380,301,460 169,694,239 44.62% 

Lake 2,004,450,129 902,002,558 92,825,578 41,771,510 45.00% 

Lorain 2,530,048, 707 1,138,521,918 117,165,915 52,724,662 45.00% 

Medina 1,627,864,020 732,538,809 75,385,971 33,923,687 45.00% 

Miami 1,040,979,902 467,450,991 48,207,516 21,647,537 44.90% 

Montgomery 4,859,031,922 2,186,564,365 225,020,538 101,259,242 45.00% 

Portage 1,632,222,521 734,500,135 75,587,812 34,014,515 45.00% 

Summit 5,295,880,739 2,383,146,332 245,250,896 110,362,903 45.00% 

Warren 1,611,353,445 719,001,698 74,621,370 33,296,787 44.62% 

Total16 Counties 47,651,404,802 21,389,744,925 2,206,724,493 44.89% 
Ozone Season Gasoline Consumption- 2017 

Total Annual 

Total County Total Annual Gasoline % of Gasoline 

County CountyVMT- VMT(during Gasoline Used- throughput Consumed in 

2017 ozone season- 2017 (During Ozone Ozone Season 5/1-9/30) Season) 

Ashtabula 865,202,063 389,340,928 39,827,875 17,922,544 45.00% 

Butler 2,461,274,331 1,098,244,727 113,299,921 50,555,535 44.62% 

Clark 1,528,416,102 687,787,246 70,357,628 31,660,933 45.00% 

Clermont 1,566,395,164 698,940,873 72,105,919 32,174,368 44.62% 

Cuyahoga 9,963,871,659 4,483,742,247 458,667,227 206,400,252 45.00% 

Geauga 725,220,480 326,349,216 33,384,098 15,022,844 45.00% 

Greene 1,787,380,517 804,321,233 82,278,545 37,025,345 45.00% 

Hamilton 8,324,388,200 3, 714,423,594 383,196,831 170,986,182 44.62% 

Lake 2,000,586,455 900,263,905 92,093,061 41,441,877 45.00% 

Lorain 2,562,603,336 1,153,171,501 117,964,402 53,083,981 45.00% 

Medina 1,645,266,224 740,369,801 75,736,593 34,081,467 45.00% 

Miami 1,038,779,981 466,463,119 47,818,192 21,472,712 44.90% 

Montgomery 4,847,995,759 2,181,598,091 223,167,946 100,425,576 45.00% 

Portage 1,636,879,317 736,595,693 75,350,519 33,907,733 45.00% 

Summit 5,294,434,337 2,382,495,452 243,718,867 109,673,490 45.00% 

Warren 1,613,294,865 719,867,979 74,264,855 33,137,706 44.62% 

Total16 Counties 47,861,988,791 21,483,975,604 2,203,232,479 988,972,544 44.89% 
Ozone Season Emissions 

2010 

GCi (Gasoline Consumption) 

as, 

lliusn 

Os11Va 

lloRVR 

VMToRVRi 

0oRVRi 

T, 

RVP (psi) 

CF1, based on VMT 

CF1, based on gasoline dispensed 

increment1 (based on the higher CF1) 

delta1 

Emission Factor= g/gal 

Emissions (based on increment) (tons) 

Emissions (based on delta) (tons) 

GCi (Gasoline Consumption) as, 

fliuSIJ 

Ost!Va 

lloRVR 

VMToRVRi 

0oRVRi 

T, 

RVP (psi) 

CF1, based on VMT 

CF1, based on gasoline dispensed 

increment1 {based on the higher CF1) 

de!ta 1 

Emission Factor= gjgal 

Emissions (based on increment} {tons) Emissions (based on delta) {tons) 

--- ------------

Ashtabula 

20,069,401 

0.9 0.7 

0.97 0.98 

0.716 0.695 

73.6 

11.5 

9.7 

0.055 0.054 0.139 

-0.104 

4.193 

12.90 

-9.67 

lorain 

49,286,807 

0.9 0.7 

0.97 

0.98 

0.716 0.695 

73.6 

11.5 

9.7 

0.055 0.054 

0.139 

-0.104 

4.193 

31.68 

-23.74 

Butler Clark 

49,569,331 32,144,872 

0.9 0.9 

0.7 0.7 

0.96 0.94 0.98 0.98 

0.716 0.716 0.695 0.695 

73.6 73.6 

11.5 11.5 

8.8 8.8 

0.055 0.055 0.054 0.054 0.140 0.141 

-0.104 -0.103 

3.725 3.725 

28.42 18.57 

-21.10 -13.54 

Medina Miami 

32,123,778 22,128,555 

0.9 0.9 0.7 0.7 

0.97 0.94 0.98 0.98 

0.716 0.716 0.695 0.695 

73.6 73.6 

11.5 11.5 

9.7 8.8 

0.055 0.055 0.054 0.054 0.139 0.141 

-0.104 -0.103 

4.193 3.725 

20.65 12.78 

-15.47 -9.32 

Clermont Cuyahoga Geauga Greene Ha

30,614,381 207,659,882 15,224,608 33,069,721 157

0.9 0.9 0.9 0.9 

0.7 0.7 0.7 0.7 

0.96 0.97 0.97 0.94 

0.98 0.98 0.98 0.98 

0.716 0.716 0.716 0.716 0

0.695 0.695 0.695 0.695 0

73.6 73.6 73.6 73.6 

11.5 11.5 11.5 11.5 

8.8 9.7 9.7 8.8 

0.055 0.055 0.055 0.055 0

0.054 0.054 0.054 0.054 0

0.140 0.139 0.139 0.141 0

-0.104 -0.104 -0.104 -0.103 -

3.725 4.193 4.193 3.725 3

17.55 133.47 9.79 19.11 9

-13.03 -100.01 -7.33 -13.93 -

Montgomery Portage Summit Warren T

103,607,624 33,749,895 111,574,979 33,365,420 974

0.9 0.9 0.9 0.9 

0.7 0.7 0.7 0.7 

0.94 0.97 0.97 0.97 

0.98 0.98 0.98 0.98 

0.716 0.716 0.716 0.716 

0.695 0.695 0.695 0.695 

73.6 73.6 73.6 73.6 

11.5 11.5 11.5 11.5 

8.8 9.7 9.7 8.8 

0.055 0.055 0.055 0.055 

0.054 0.054 0.054 0.054 

0.141 0.139 0.139 0.139 0

-0.103 -0.104 -0.104 -0.104 -

3.725 4.193 4.193 3.725 3

59.86 21.69 71.71 19.05 5

-43.63 -16.25 -53.74 -14.28 -4
Ozone Season Emissions 

2011 

GCi (Gasoline Consumption) 

Q,;, 

fliuSII 

Os11Va 

f1oRVR 

VMToRVRi 

OaRVRi 

T, 

RVP (psi) 

CF1, based on VMT CF1, based on gasoline dispensed 

increment1 (based on the higher CF1) 

delta1 

Emission Factor= g/gal 

Emissions (based on increment) (tons) Emissions (based on delta) {tons) 

GCi (Gasoline Consumption) 

o,;, 

fliuSII 

Os11Va 

floRVR 

VMToRVRi 

0oRVRi 

T, 

RVP (psi) 

CF1, based on VMT CF1, based on gasoline dispensed 

increment1 (based on the higher CFJ 

delta1 

Emission Factor= g/gal 

Emissions (based on increment) (tons) 

Emissions (based on delta) (tons) 

Ashtabula 

20,174,512 

0.9 0.7 

0.97 0.98 0.76 

0.739 

73.6 

11.5 

9.7 

0.058 0.057 0.108 

-0.151 

4.193 

10.08 

-14.04 

Lorain 

50,888,923 

0.9 

0.7 

0.97 0.98 0.76 

0.739 

73.6 

11.5 

9.7 

0.058 0.057 0.108 

-0.151 

4.193 

25.42 

-35.42 

Butler Clark Clermont 

50.783,565 32,768,642 31,499,008 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.96 0.94 0.96 

0.98 0.98 0.98 

0.76 0.76 0.76 

0.739 0.739 0.739 

73.6 73.6 73.6 

11.5 11.5 11.5 

8.8 8.8 8.8 

0.058 0.058 0.058 

0.057 0.057 0.057 

0.109 0.110 0.109 

-0.150 -0.149 -0.150 

3.725 3.725 3.725 

22.66 14.78 14.05 

-31.28 -20.03 -19.40 

Medina Miami Montgomery 

33,096,703 22,509,940 105,376,619 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.94 0.94 

0.98 0.98 0.98 

0.76 0.76 0.76 

0.739 0.739 0.739 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 8.8 8.8 

0.058 0.058 0.058 

0.057 0.057 0.057 

0.108 0.110 0.110 

-0.151 -0.149 -0.149 

4.193 3.725 3.725 

16.53 10.15 47.52 

-23.04 -13.76 -64.40 

Cuyahoga Geauga Greene 

211,964,439 15,524,096 34,334,302 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.94 

0.98 0.98 0.98 

0.76 0.76 0.76 

0.739 0.739 0.739 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.058 0.058 0.058 

0.057 0.057 0.057 

0.108 0.108 0.110 

-0.151 -0.151 -0.149 

4.193 4.193 3.725 

105.88 7.75 15.48 

-147.53 -10.81 -20.98 

Portage Summit Warren 

34,502.439 113.707,274 34,053,331 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.97 

0.98 0.98 0.98 

0.76 0.76 0.76 

0.739 0.739 0.739 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.058 0.058 0.058 

0.057 0.057 0.057 

0.108 0.108 0.108 

-0.151 -0.151 -0.151 

4.193 4.193 3.725 

17.24 56.80 15.11 

-24.01 -79.14 -21.06 
Ozone Season Emissions 

2012 

GCi (Gasoline Consumption) 

Osii 

11iuSII 

Os11va 

floRVR 

VMToRVRi 

CloRVRi 

T, 

LIT 

RVP (psi) 

CF1, based on VMT CF1, based on gasoline dispensed 

increment; (based on the higher CF1) 

delta1 

Emission Factor= gjgal 

Emissions {based on increment) (tons) 

Emissions (based on delta) (tons) 

GCi (Gasoline Consumption) 

Osff 

fl;uSII 

Us11Va 

floRVR 

VMToRVRi 

0oRVRi 

T, 

LIT 

RVP (psi) 

CF1, based on VMT CF1, based on gasoline dispensed 

increment1 {based on the higher CF1) 

de!ta 1 

Emission Factor= g/gal 

Emissions (based on increment) (tons) 

Emissions (based on delta) (tons) 

Ashtabula 

19,785,319 

0.9 0.7 

0.97 0.98 

0.8 

0.777 

73.6 

11.5 

9.7 

0.061 0.060 0.081 

-0.191 

4.193 

7.42 

-17.45 

Lorain 

51,261,017 

0.9 

0.7 

0.97 0.98 

0.8 

0.777 

73.6 

11.5 

9.7 

0.061 0.060 0.081 

-0.191 

4.193 

19.23 

-45.21 

Butler Clark Clermont 

50,758,022 32,589,416 31,618,383 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.96 0.94 0.96 

0.98 0.98 0.98 

0.8 0.8 0.8 

0.777 0.777 0.777 

73.6 73.6 73.6 

11.5 11.5 11.5 

8.8 8.8 8.8 

0.061 0.061 0.061 

0.060 0.060 0.060 

0.082 0.083 0.082 

-0.190 -0.189 -0.190 

3.725 3.725 3.725 

17.04 11.11 10.62 

-39.64 -25.29 -24.69 

Medina Miami Montgomery 

33,267,047 22,339,169 104,560,631 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.94 0.94 

0.98 0.98 0.98 

0.8 0.8 0.8 

0.777 0.777 0.777 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 8.8 8.8 

0.061 0.061 0.061 

0.060 0.060 0.060 

0.081 0.083 0.083 

-0.191 -0.189 -0.189 

4.193 3.725 3.725 

12.48 7.61 35.64 

-29.34 -17.33 -81.13 

Cuyahoga Geauga Greene 

211,078,889 15,443,221 34,777,415 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.94 

0.98 0.98 0.98 

0.8 0.8 0.8 

0.777 0.777 0.777 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.061 0.061 0.061 

0.060 0.060 0.060 

0.081 0.081 0.083 

-0.191 -0.191 -0.189 

4.193 4.193 3.725 

79.19 5.79 11.85 

-186.14 -13.62 -26.98 

Portage Summit Warren 

34,411,099 113,052,735 33,907,362 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.97 

0.98 0.98 0.98 

0.8 0.8 0.8 

0.777 0.777 0.777 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.061 0.061 0.061 

0.060 0.060 0.060 

0.081 0.081 0.081 

-0.191 -0.191 -0.191 

4.193 4.193 3.725 

12.91 42.41 11.30 

-30.35 -99.70 -26.56 
Ozone Season Emissions 

2013 

GCi (Gasoline Consumption) 

o,, 

il;usll 

Os11va 

lloRVR 

VMToRVRi 

0oRVRi 

T, 

RVP (psi) 

CF;, based on VMT 

CF1, based on gasoline dispensed 

increment; (based on the higher CF;) 

delta; 

Emission Factor= g(gal Emissions (based on increment) (tons) Emissions (based on delta) (tons) 

GCi (Gasoline Consumption) 

Osu 

'liuSII 

Osuva 

I"JoRVR 

VMToRVRi 

0oRVRi 

T, 

RVP (psi) 

CF;, based on VMT 

CF;, based on gasoline dispensed 

increment; (based on the higher CF;) 

delta; 

Emission Factor- g/gal Emissions (based on increment) (tons) 

Emissions (based on delta) {tons) 

Ashtabula 

19,401,714 

0.9 0.7 

0.97 0.98 

0.834 

0.81 

73.6 

11.5 

9.7 

0.064 0.063 0.058 

-0.226 

4.193 

5.19 

-20.24 

Lorain 

51,630,720 

0.9 

0.7 

0.97 0.98 

0.834 

0.81 

73.6 

11.5 

9.7 

0.064 0.063 0.058 

-0.226 

4.193 

13.81 

-53.85 

Butler Clark Clermont 

50,727,470 32,407,961 31,735,068 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.96 0.94 0.96 

0.98 0.98 0.98 

0.834 0.834 0.834 

0.81 0.81 0.81 

73.6 73.6 73.6 

11.5 11.5 11.5 

8.8 8.8 8.8 

0.064 0.064 0.064 

0.063 0.063 0.063 

0.058 0.060 0.058 

-0.225 -0.224 -0.225 

3.725 3.725 3.725 

12.18 7.95 7.62 

-46.87 -29.77 -29.32 

Medina Miami Montgomery 

33,434,957 22,167,499 103,740,689 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.94 0.94 

0.98 0.98 0.98 

0.834 0.834 0.834 

0.81 0.81 0.81 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 8.8 8.8 

0.064 0.064 0.064 

0.063 0.063 0.063 

0.058 0.060 0.060 

-0.226 -0.224 -0.224 

4.193 3.725 3.725 

8.94 5.44 25.46 

-34.87 -20.37 -95.31 

Cuyahoga Geauga Greene 

210,176,226 15,361,246 35,222,758 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.94 

0.98 0.98 0.98 

0.834 0.834 0.834 

0.81 0.81 0.81 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.064 0.064 0.064 

0.063 0.063 0.063 

0.058 0.058 0.060 

-0.226 -0.226 -0.224 

4.193 4.193 3.725 

56.20 4.11 8.64 

-219.22 -16.02 -32.36 

Portage Summit Warren 

34,316,603 112,390,835 33,758,675 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.97 

0.98 0.98 0.98 

0.834 0.834 0.834 

0.81 0.81 0.81 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.064 0.064 0.064 

0.063 0.063 0.063 

0.058 0.058 0.058 

-0.226 -0.226 -0.226 

4.193 4.193 3.725 

9.18 30.06 8.02 

-35.79 -117.22 -31.28 
Ozone Season Emissions 

2014 

GCi (Gasoline Consumption) 

Osu 

fliuSII 

OsiiVa 

rJoRVR 

VMToRVRi 

0oRVRi 

T, 

LIT 

RVP (psi) 

CF1, based on VMT CF1, based on gasoline dispensed 

increment1 {based on the higher CF1) 

de!ta 1 

Emission Factor= g/gal 

Emissions (based on increment} (tons} Emissions (based on delta) (tons} 

GCi (Gasoline Consumption) 

Q, 

lliuSII 

Os11Va 

'lORVR 

VMT ORVRi 

0oRvRi 

T, 

LIT 

RVP (psi) 

CF1, based on VMT CF1, based on gasoline dispensed 

increment1 (based on the higher CF1) 

delta 1 

Emission Factor= g/ga! 

Emissions (based on increment) (tons) 

Emissions (based on delta) (tons) 

Ashtabula 

19,023,665 

0.9 0.7 

0.97 0.98 

0.863 

0.84 

73.6 

11.5 

9.7 

0.066 0.065 0.037 

-0.257 

4.193 

3.24 

-22.62 

Lorain 

51,997,949 

0.9 0.7 

0.97 0.98 

0.863 

0.84 

73.6 

11.5 

9.7 

0.066 0.065 0.037 

-0.257 

4.193 

8.85 

-61.82 

Butler Clark Clermont 

50,691,926 32,224,332 31,849,036 

0.9 0.9 0.9 0.7 0.7 0.7 

0.96 0.94 0.96 

0.98 0.98 0.98 

0.863 0.863 0.863 

0.84 0.84 0.84 

73.6 73.6 73.6 

11.5 11.5 11.5 

8.8 8.8 8.8 

0.066 0.066 0.066 0.065 0.065 0.065 0.037 0.039 0.037 

-0.257 -0.255 -0.257 

3.725 3.725 3.725 

7.80 5.13 4.90 

-53.40 -33.77 -33.55 

Medina Miami Montgomery 

33,600,393 21,994,974 102,917,005 

0.9 0.9 0.9 0.7 0.7 0.7 

0.97 0.94 0.94 0.98 0.98 0.98 

0.863 0.863 0.863 

0.84 0.84 0.84 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 8.8 8.8 

0.066 0.066 0.066 0.065 0.065 0.065 

0.037 0.039 0.039 

-0.257 -0.255 -0.255 

4.193 3.725 3.725 

5.72 3.50 16.39 

-39.95 -23.05 -107.86 

Cuyahoga Geauga Greene 

209,256,741 15,278,196 35,670,279 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.94 0.98 0.98 0.98 

0.863 0.863 0.863 

0.84 0.84 0.84 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.066 0.066 0.066 

0.065 0.065 0.065 0.037 0.037 0.039 

-0.257 -0.257 -0.255 

4.193 4.193 3.725 

35.60 2.60 5.68 

-248.77- -18.16 -37.38 

Portage Summit Warren 

34,218,985 111,721,768 33,607,319 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.97 0.98 0.98 0.98 

0.863 0.863 0.863 

0.84 0.84 0.84 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.066 0.066 0.066 0.065 0.065 0.065 

0.037 0.037 0.037 

-0.257 -0.257 -0.257 

4.193 4.193 3.725 

5.82 19.01 5.08 

-40.68 -132.82 -35.49 
Ozone Season Emissions 

2015 

GCi (Gasoline Consumption) 

o,, 

lliuSII 

QIIVa 

lloRVR 

VMToRVRi 

0oRVRi 

T, 

LIT 

RVP (psi) 

CF11 based on VMT 

CF1, based on gasoline dispensed 

increment1 (based on the higher CF1) 

delta 1 

Emission Factor= gjgal 

Emissions (based on increment) (tons) Emissions (based on delta) {tons) 

GCi (Gasoline Consumption) 

QS\! 

J'liuSII 

O.suva 

flORVR 

VMToRVRi 

CloRVRi 

T, 

LIT 

RVP (psi) 

CF1, based on VMT CF1, based on gasoline dispensed 

increment1 (based on the higher CF1) 

delta 1 

Emission Factor= g/gal 

Emissions (based on increment) (tons) 

Emissions (based on delta) (tons) 

Ashtabula 

18,651,142 

0.9 0.7 

0.97 0.98 

0.888 0.865 

73.6 

11.5 

9.7 

0.068 0.067 0.019 

-0.284 

4.193 

1.66 

-24.45 

lorain 

52,362,624 

0.9 

0.7 

0.97 

0.98 

0.888 0.865 

73.6 

11.5 

9.7 

0.068 0.067 0.019 

-0.284 

4.193 

4.65 

-68.63 

Butler Clark Clermont 

50,651,408 32,038,581 31,960,260 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.96 0.94 0.96 

0.98 0.98 0.98 

0.888 0.888 0.888 

0.865 0.865 0.865 

73.6 73.6 73.6 

11.5 11.5 11.5 

8.8 8.8 8.8 

0.068 0.068 0.068 

0.067 0.067 0.067 

0.020 0.021 0.020 

-0.283 -0.282 -0.283 

3.725 3.725 3.725 

4.13 2.79 2.61 

-58.84 -37.04 -37.12 

Medina Miami Montgomery 

33,763,316 21,821,639 102,089,787 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.94 0.94 

0.98 0.98 0.98 

0.888 0.888 0.888 

0.865 0.865 0.865 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 8.8 8.8 

0.068 0.068 0.068 

0.067 0.067 0.067 

0.019 0.021 0.021 

-0.284 -0.282 -0.282 

4.193 3.725 3.725 

3.00 1.90 8.90 

-44.25 -25.23 -118.02 

Cuyahoga Geauga Greene 

208,320,723 15,194,096 36,119,922 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.94 

0.98 0.98 0.98 

0.888 0.888 0.888 

0.865 0.865 0.865 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.068 0.068 0.068 

0.067 0.067 0.067 

0.019 0.019 0.021 

-0.284 -0.284 -0.282 

4.193 4.193 3.725 

18.49 1.35 3.15 

-273.04 -19.91 -41.75 

Portage Summit Warren 

34,118,277 111,045,726 33,453,340 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.97 

0.98 0.98 0.98 

0.888 0.888 0.888 

0.865 0.865 0.865 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.068 0.068 0.068 

0.067 0.067 0.067 

0.019 0.019 0.019 

-0.284 -0.284 -0.284 

4.193 4.193 3.725 

3.03 9.85 2.64 

-44.72 -145.54 -38.95 
Ozone Season Emissions 

2016 

GCi {Gasoline Consumption) 

0,11 

11iuS1l 

Osuva 

flORVR 

VMToRvRi 

0oRVRi 

T, 

LIT 

RVP (psi) 

CF1, based on VMT 

CF1, based on gasoline dispensed 

increment1 (based on the higher CFJ 

delta1 

Emission Factor== g/gal 

Emissions (based on increment) (tons) 

Emissions (based on delta) (tons) 

GCi {Gasoline Consumption) 

Os11 

fliuSII 

Osuva 

lloRVR 

VMToRVRi 

0aRVRi 

T, 

LIT 

RVP (psi) 

CF1, based on VMT 

CF1, based on gasoline dispensed 

increment1 {based on the higher CF1) 

de!ta 1 

Emission Factor= g/gal 

Emissions (based on increment) (tons) 

Emissions (based on delta} {tons) 

··---------

Ashtabula 

18,284,113 

0.9 0.7 

0.97 0.98 

0.909 0.886 

73.6 

11.5 

9.7 

0.069 0.069 

0.004 

·0.306 

4.193 

0.37 

-25.84 

lorain 

52,724,662 

0.9 

0.7 

0.97 0.98 

0.909 0.886 

73.6 

11.5 

9.7 

0.069 0.069 0.004 

-0.306 

4.193 

1.08 

-74.50 

Butler Clark Clermont 

50,605,938 31,850,764 32,068,712 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.96 0.94 0.96 

0.98 0.98 0.98 

0.909 0.909 0.909 

0.886 0.886 0.886 

73.6 73.6 73.6 

11.5 11.5 11.5 

8.8 8.8 8.8 

0.069 0.069 0.069 

0.069 0.069 0.069 

0.005 0.006 0.005 

·0.305 -0.304 -0.305 

3.725 3.725 3.725 

1.06 0.85 0.67 

·63.38 -39.71 -40.16 

Medina Miami Montgomery 

33,923,687 21,647,537 101,259,242 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.94 0.94 

0.98 0.98 0.98 

0.909 0.909 0.909 

0.886 0.886 0.886 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 8.8 8.8 

0.069 0.069 0.069 

0.069 0.069 0.069 

0.004 0.006 0.006 

·0.306 ·0.304 ·0.304 

4.193 3.725 3.725 

0.69 0.58 2.70 

-47.93 ·26.99 ·126.24 

Cuyahoga Geauga Greene 

207,368,463 15,108,970 36,571,631 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.94 

0.98 0.98 0.98 

0.909 0.909 0.909 

0.886 0.886 0.886 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.069 0.069 0.069 

0.069 0.069 0.069 

0.004 0.004 0.006 

·0.306 -0.306 -0.304 

4.193 4.193 3.725 

4.23 0.31 0.98 

-293.01 -21.35 ·45.59 

Portage Summit Warren 

34,014,515 110,362,903 33,296,787 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.97 

0.98 0.98 0.98 

0.909 0.909 0.909 

0.886 0.886 0.886 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.069 0.069 0.069 

0.069 0.069 0.069 

0.004 0.004 0.004 

·0.306 -0.306 -0.306 

4.193 4.193 3.725 

0.69 2.25 0.60 

-48.06 -155.94 ·41.80 
Ozone Season Emissions 

2017 

GCi (Gasoline Consumption) 

Osu 

ll;usH 

Osuva 

lloRVR 

VMToRVRi 

0oRVRi 

T, 

6T 

RVP (psi) 

CF;, based on VMT CF;, based on gasoline dispensed 

increment1 (based on the higher CF1) 

delta; 

Emission Factor= g/gal 

Emissions (based on increment) (tons) 

Emissions (based on delta) (tons) 

GCi (Gasoline Consumption) 

Clsii 

'liuSII G.s11Va 

lloRVR 

VMToRVRi 

0oRVRi 

T, 

6T 

RVP (psi) 

CF1, based on VMT CF1, based on gasoline dispensed 

increment; (based on the higher CF1) 

de!ta 1 

Emission Factor= g/gal 

Emissions (based on increment) (tons) 

Emissions (based on delta) (tons) 

Ashtabula 

17,922,544 

0.9 0.7 

0.97 0.98 

0.925 0.903 

73.6 

11.5 

9.7 

0.071 0.070 

-0.007 -0.324 

4.193 

-0.62 

-26.80 

Lorain 

53,083,981 

0.9 

0.7 

0.97 0.98 

0.925 0.903 

73.6 

11.5 

9.7 

0.071 0.070 

-0.007 -0.324 

4.193 

-1.84 

-79.39 

Butler Clark Clermont 

50,555,535 31,660,933 32,174,368 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.96 0.94 0.96 

0.98 0.98 0.98 

0.925 0.925 0.925 

0.903 0.903 0.903 

73.6 73.6 73.6 

11.5 11.5 11.5 

8.8 8.8 8.8 

0.071 0.071 0.071 

0.070 0.070 0.070 

-0.007 -0.005 -0.007 

-0.323 -0.321 -0.323 

3.725 3.725 3.725 

-1.41 -0.70 -0.90 

-67.02 -41.79 -42.65 

Medina Miami Montgomery 

34,081,467 21,472,712 100,425,576 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.94 0.94 

0.98 0.98 0.98 

0.925 0.925 0.925 

0.903 0.903 0.903 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 8.8 8.8 

0.071 0.071 0.071 

0.070 0.070 0.070 

-0.007 -0.005 -0.005 

-0.324 -0.321 -0.321 

4.193 3.725 3.725 

-1.18 -0.47 -2.21 

-50.97 -28.34 -132.55 

Cuyahoga Geauga Greene 

206,400,252 15,022,844 37,025,345 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.94 

0.98 0.98 0.98 

0.925 0.925 0.925 

0.903 0.903 0.903 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.071 0.071 0.071 

0.070 0.070 0.070 

-0.007 -0.007 -0.005 

-0.324 -0.324 -0.321 

4.193 4.193 3.725 

-7.14 ·0.52 -0.82 

-308.67 -22.47 -48.87 

Portage Summit Warren 

33,907,733 109,673,490 33,137,706 

0.9 0.9 0.9 

0.7 0.7 0.7 

0.97 0.97 0.97 

0.98 0.98 0.98 

0.925 0.925 0.925 

0.903 0.903 0.903 

73.6 73.6 73.6 

11.5 11.5 11.5 

9.7 9.7 8.8 

0.071 0.071 0.071 

0.070 0.070 0.070 

-0.007 -0.007 -0.007 

-0.324 -0.324 -0.324 

4.193 4.193 3.725 

-1.17 -3.79 -1.02 

-50.71 -164.01 -44.03 
Ozone Season Emissions - Summary 

increment 

delta 

Emissions (increment) (tons) 

Emissions (delta) (tons) 

2010 

0.1395 

-0.1037 

595 

-443 

1,000 

2 

500 

g 0 

-500 

-1,000 

i i -1,500 

Emissions (increment) (tons) 

Emissions {delta) (tons) 

2011 2012 

0.1086 0.0817 

-0.1501 -0.1903 

474 356 

-656 -830 

2010 2011 

595 474 

-443 ·656 

2013 

0.0584 

-0.2251 

254 

-980 

Year 

2012 

356 

-830 

2014 2015 2016 2017 

0.0374 0.0198 0.0050 -0.0069 

-0.2566 -0.2830 -0.3051 -0.3229 

162 86 21 -30 

-1,116 -1,228 -1,322 -1,397 

2013 2014 2015 2016 

254 162 86 21 

-980 ·1,116 -1,228 -1,322 
Ozone Season Emissions by County- Summary (increment) 

Ozone Season Emissions by County, based on increment (tons) 

Year Ashtabula Butler Clark Clermont Cuyahoga Geauga Greene Hamilton C.ke lorain Medina Miami Montgomery Porta

2010 12.90 28.42 18.57 17.55 133.47 9.79 19.11 90.50 27.41 31.68 20.65 12.78 59.86 21.62011 10.08 22.66 14.78 14.05 105.88 7.75 15.48 72.79 21.68 25.42 16.53 10.15 47.52 17.22012 7.42 17.04 11.11 10.62 79.19 5.79 11.85 5523 16.16 19.23 12.48 7.61 35.64 12.9

2013 5.19 12.18 7.95 7.62 56.20 4.11 8.64 39.82 11.43 13.81 8.94 5.44 25.46 9.1

2014 3.24 7.80 5.13 4.90 35.60 2.60 5.68 25.70 7.22 8.85 5.72 3.50 16.39 5.8

2015 1.66 4.13 2.79 2.61 18.49 1.35 3.15 13.75 3.74 4.65 3.00 1.90 8.90 3.0

2016 0.37 1.06 0.85 0.67 4.23 0.31 0.98 3.56 0.85 1.08 0.69 0.58 2.70 0.62017 -0.62 -1.41 -0.70 -0.90 -7.14 -0.52 -0.82 -4.76 -1.43 -1.84 -1.18 -0.47 -2.21 -1.1

100.00 

80.00 -·-·-·-

. ········"" .. , -·--· 

60.00 ---- 

40.00 ----- . :,. 

...___ 

20.00 

0.00 

2010 2011 2012 2013 2014 2015 2016 

-20.00 
Ozone Season Emissions and low Permeation Hose Emission Reductions 

Assumptions 

Cost ($/unit) No. of units/GDF No. of GDFs (average) 

Low Permeation Hoses 125 10 1907 

Conventional Hoses 70 10 1907 

Ozone Season Ozone Season Ozone Season Ozone Season Ozone Season 

2013 2014 2015 2016 2017 

VST estimates for VOC reductions 

per low permeation hose 4.5 4.5 4.5 4.5 4.5 

(lbs/time period/hose) 

VOC reduction needed (tons) 254.06 162.23 85.63 21.47 -30.0 

Gasoline throughput 995,002,097 993,568,925 992,085,957 990,553,672 988,972,544 

Reductions Achieved through Low 42.91 42.91 

Permeation Hoses (tons) 

42.91 42.91 42.91 

Reductions Achieved through 0.00 0.00 

Conventional Hoses (tons) 

0.00 0.00 0.00 

Total cost for all GDFs using low $2,383,750 $2,383,750 $2,383,750 $2,383,750 $2,383,750 permeation hoses($) 

Total cost for all GDFs using $1,334,900 $1,334,900 $1,334,900 $1,334,900 $1,334,900 conventional hoses($) 

Total annualized cost /GDF (for $500.00 $500.00 $500.00 $500.00 $500.00 low permeation hoses) ($/GDF) 

Total annualized cost /GDF (for $280 $280 $280 $280 $280 conventional hoses) ($/GDF) 

US EPA's Annual Stage II Cost 

Estimate (testing and $3,000 $3,000 $3,000 $3,000 $3,000 

maintenance) $/GDF/year 

Net Cost ($/GDF/Year) (going 

from conventional to low -$2,720 -$2,720 -$2,720 -$2,720 -$2,720 

per111eation hoses) 

--
Ozone Season Emissions compared to Total Typical Summer Day Emissions 

Cleveland Area 

Emission Reductions Emissions Based Typical Emissions Based 

Emissions Based from Low Permeation on increment Minus Summer Day on increment 

Year on increment Hoses Low Permeation Hoses Emissions* Percent of Typical 

(tons/season) (tons/season) (tons/season) (tons/day) (tons/day) Summer Day(%) 

2013 138.91 21.42 117.49 0.77 367.17 0.21 

2014 88.04 21.42 66.62 0.44 0.12 

2015 45.75 21.42 24.33 0.16 0.043 2016 10.47 21.42 -10.95 -0.072 -0.019 

2017 -17.70 21.42 -39.12 -0.26 -0.070 

Cincinnati Area 

Emission Reductions Emissions Based Typical Emissions Based 

Emissions Based from Low Permeation on increment Minus Summer Day on increment 

Year on increment Hoses Low Permeation Hoses Emissions* Percent ofTypical 

(tons/season) (tons/season) (tons/season) (tons/day) (tons/day) Summer Day(%) 

2013 67.64 13.59 54.05 0.35 147.05 0.24 

2014 43.48 13.59 29.89 0.20 0.13 

2015 23.13 13.59 9.54 0.062 0.042 

2016 5.90 13.59 -7.69 -0.050 -0.034 2017 -8.08 13.59 -21.67 -0.14 -0.096 

Dayton Area 

Emission Reductions Emissions Based Typical Emissions Based 

Emissions Based from Low Permeation on increment Minus Summer Day on increment 

Year on increment Hoses Low Permeation Hoses Emissions* Percent ofTypical 

(tons/season) (tons/season) (tons/season) (tons/day) (tons/day) Summer Day(%) 

2013 47.50 7.90 39.60 0.26 99.66 0.26 

2014 30.71 7.90 22.81 0.15 0.15 2015 16.75 7.90 8.85 0.058 0.058 

2016 5.10 7.90 -2.79 -0.018 -0.018 

-4.20 7.90 -12.09 -0.079 -0.079 

--·-

* Typical summer day in 2008 for the Cleveland and Cincinnati areas (Table 1, State Implementation Plan, 2008 Eight-Hour Ozone 

National Ambient Air Quality, Standard Emissions Inventory & Emissions Statement, July 2014), and 2002 for the Dayton area 

(Table 7, Request for Redesignation and Maintenance Plan for Ozone Attainment in the Eight -Hour Ozone Basic Nonattainment 

Area, Dayton-Springfield, OH [1997 Eight-Hour Ozone Standard], November 2006). 
Number of Gasoline Dispensing Facilities (GDFs) 

County Number of GDFs 

Ashtabula 34 

Butler 136 

Clark 56 Clermont 90 Cuyahoga 413 

Geauga 34 Greene 51 

Hamilton 295 

Lake 75 

Lorain 104 

Medina 60 Miami 41 Montgomery 203 

Portage 49 

Summit 183 

Warren 83 

Total 1907 

Information obtained from Ohio EPA District Offices and Local Air Agencies 
Td- Monthly Average Dispensed Gasoline Temperature 

Month Td 

January 43 

February 45 

March 48 

April 53 

May 66 

June 74 

July 78 

August 78 

September 72 

October 66 

November 59 

December 46 

Average for May to September ozone season: 73.6 
Vehicle"'"' I (VMT) and' 'Usage 

'M' County Stage U Growth 

Name Countv? Factor 

VMT 

' ,, ~ 

·. . 1- p ··g;· . 

- ·· .. . ' I .·.··· -

== ... """'. 

1- '' ' - ' 1-' - ,. ' ' -' ""'' 

~ ,.,-~ 2' ,, '' , .. '~ ·~ ' Wi 

~ ·~ c-

:;] b; ~-· '~~~· ' ' ,.• ' § ~· 

- -§ ~ •... ~R ~I . ' ' 

···.·~ P7l 

r---

1:: = -

.~ 

• 

~ ·~a· ~· h 

h ~~sRl~ ~~~ •• b ' 

. ···'·~ ~ ~ 

i = 

'' <> . 

""'" Counties 16 

'"''' 
Ozone Season VMT 

Mcoth VMl i ODOTood OKI 2011 VMT Mooth' I ""';,:~,wen I 

lstage II Counties 5 6 7 8 9 from ODOT 5 6 7 8 9 Total 2010 Toll Toi2 To13 2014 2015 I 2016 2017 I 

0.0870 1.0910 0.0940 0.0920 1.0860 0.9861 :, 417529,555 

IBI>tlec 1' 0.0875 0.0883 0.0923 0.0934 1.084C 2,388,579,430 1,065,807,550 1.0050 

~ ,7271 Cleek 23 0.0870 1.0910 0.0940 0.0920 

0~ 687,723,805 1.0000 687,713,. 687.734.378 687,7~ 

2s D.0875 1.0883 0.0923 0.0934 138,41~ 1.0093 654,969,• ~ "' 661.077,672 ~ 679,745,691 686,084,7851 692,482,995 

35 0.0870 o.o9io 0.0940 0.0920 0.08601 909,481, 1.0013 4,442, 713,. 

326,168~ 2471 

IGe'"" 55 

~ ),0910 0.0940 0.0920 ).08601 6: .989,5: 1.0003 ~ 57 ).0910 0.0940 0.0920 ).08601 ~~~ ~ 147,319,130 1.0185 733,907,70: 747,479.12C " 789,71:,781 

il 61 0.0875 o.o883 0.0923 0.0934 0.08471 670 1.0137 3,3: '197 ,sis 3,714,423,5941 

Lake 8o 0.0870 1.0910 0.0940 .0920 0.08601 176. 77,62 184,173.140 174 0.9981 90~814 90~691 ' ' ' 90 ,OOH¥.t 

c;;;;,;;- " 1.0870 0.091( 0.0940 0.0920 .08601 

~ 1,06~731 l.0129 lOE 1,081 .. 13E 1.095, ),36! ,700 1,124,058,439 

Medina 10, · o.o87c o:cmc 0.0940 0.0920 0.08601 694, 8,9071 l.0107 '"' 7o2.o34:42' 

Miami JC O.OR70 0.001f 0.0940 0.0920 .08601 472,421,8241 0.9979 472.421.824 

0.0870 .091( 0.0940 0.0920 .086( 4.914, 1.9977 

Poctm rr o:Os7o o:cmc 0.0940 0.0920 0.086( "· l.0029 724,ill,43i ~ 7, 

~ ~ O.OR70 O,Oolf 0.0940 0.0920 .086( 0.9997 5,452 

0.08751 .esse 0.0923 0.0934 .084' 71, 1.0012 7: 

21.389,744,9251 

I i 9,652,171,7491