# 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 Rule3745-21-09 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; or3745-21-09 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

B 1 =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 most3745-21-09 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 immediately3745-21-09 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 of3745-21-09 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; or3745-21-09 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 the3745-21-09 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; or3745-21-09 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 in3745-21-09 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 t t ( d con en \ poun

. per ga ll f t t on o coa mg, ess wa 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, 4.53745-21-09 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, in3745-21-09 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.); and3745-21-09 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); or3745-21-09 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; or3745-21-09 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 equipped3745-21-09 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 following3745-21-09 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 the3745-21-09 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; and3745-21-09 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 to3745-21-09 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 gallon3745-21-09 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 underbody3745-21-09 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; and3745-21-09 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 comply3745-21-09 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 material3745-21-09 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; or3745-21-09 

### 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; and3745-21-09 

### 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 paragraph3745-21-09 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 equipment3745-21-09 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) or3745-21-09 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 other3745-21-09 

### 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 0 6 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 +eWffiH 28 +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 lesser3745-21-09 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 gallon3745-21-09 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 three3745-21-09 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 not3745-21-09 

### 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; and3745-21-09 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 for3745-21-09 100

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 is3745-21-09 102

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 production3745-21-09 103

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 review3745-21-09 106

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

mmHg3745-21-09 108

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 and3745-21-09 109

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 pounds3745-21-09 110

(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 incinerator3745-21-09 111

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, the3745-21-09 112

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 during3745-21-09 113

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 month3745-21-09 114

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 the3745-21-09 115

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 the3745-21-09 123

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.

2Braun, 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 LSCElecfrcniRuJilinfTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission77SouthHighSt.,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourseLevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyoriginalfiledthefollowingrule(s)pursuanttosection119.03oftheOhioRevisedCode.PackageNumber:101697FileDateandTime:02/11/201308:55AMConfirmationNumber:a775c78ffe48b0cd4f1f27e69482bb30ORIGINALFILERuleNumberTypeFYRCSIJEDateEffDate3745-21-09AmendmentNy04/17/2013Page1NextFYRTaglineControlofemissionsofvolatileorganiccompoundsfromstationarysourcesandperchloroethylenefromdrycleaningfacilities.EltcfranicRuTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission77SouthHighSt.,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourseLevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyoriginalfiledthefollowingrule(s)pursuanttosection119.03oftheOhioRevisedCode.PackageNumber:FileDateandTime:ConfirmationNumber:ORIGINALFILERuleNumberType11283710/28/201308:27AM9930e6fa9dd317a62e423567420c8FYRCSIJEDateEffDate3745-21-09AmendmentNy01/01/2014Page1NextFYRTaglineControlofemissionsofvolatileorganiccompoundsfromstationarysourcesandperchloroethylenefromdrycleaningfacilities.

# Article 

# Ill

Attachment B

RSFAsRule 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 controlPage 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 eliminationPage 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? NoRule 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 widespreadPage 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 thePage 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 thePage 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 aPage 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 AgendaJOINTCOMMITTEEONAGENCYRULEREVIEWAgenda-12/1112013-11:00A.M.StatehouseHearingRoom114(RutherfordB.Hayes)TENTATIVEAGENDATENTATIVEAGENDA1AccountancyBoard•TotalRules:1OriginalFilingDate:11/1/2013RuleTypeAction.Q£FYRRuleNumberRescissionOriginalFilingYesYes2AttornevGeneral•ConsumerProtectionTotalRules:1OriginalFilingDate:10/8/2013RuleTypeAction.Q£FYRAmendmentOriginalFilingNo No4701-3-06RuleNumber109:4-3-163AttorneyGeneral•PeaceOfficerTrainingCommissionTotalRules:1OriginalFilingDate:10/31/2013RuleTypeActionCSIFYRRuleNumberAmendmentOriginalFilingNoYes109:2-1-094AttorneyGeneral•PeaceOfficerTrainingCommissionTotalRules:1OriginalFilingDate:10/31/2013Ryl!lTypeActionCSIFYRRuleNumberAmendmentOriginalFilingNoYes109:2-13-045AttorneyGeneral•Sweell§lak!!§TotalRules:4OriginalFilingDate:11/1/2013RuleTypeActionCSIFYRRuleNumberNewRuleOriginalFilingNo No109:9-1-01NewRuleOriginalFilingNo No109:9-1-02NewRuleOriginalFilingNo No109:9-1-03NewRuleOriginalFilingNoNo109:9-1-04ConsentJurisdictionEnds:1/5/2014PublicHearing:12/3/2013RuleTitleConditionalapplicationfortheCPAexamination.JurisdictionEnds:12/12/2013PublicHearing:11/8/2013RuleTitleAdvertisementandsaleofmotorvehicles.RuleTitleAttendance.RuleTitleJurisdictionEnds:1/4/2014JurisdictionEnds:1/4/2014Approvalofinstructors.JurisdictionEnds:1/5/2014RuleTitleSweepstakesregistration.Applicationforcertificateofcompliance.Monthlyreports.Semi-annualreports.PublicHearing:12/6/2013PublicHearing:12/6/2013PublicHearing:12/2/2013ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page1•12111/2013678TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/ll/2013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)BoardofNursing•TotalRules:9OriginalFilingDate:10/17/2013RyleActionCSIFYRAmendmentOriginalFilingYes YesAmendmentOriginalFilingYes YesAmendmentOriginalFilingYesYesAmendmentOriginalFilingYes YesAmendmentOriginalFilingYes YesAmendmentOriginalFilingYes YesRescissionOriginalFilingYes YesNewRuleOriginalFilingYesNoAmendmentOriginalFilingYesYesBoardofNursing•TotalRules:4OriginalFilingDate:10/17/2013RuleActionCSIFYRAmendmentOriginalFilingYesYesAmendmentOriginalFilingYes YesAmendmentOriginalFilingYesYesAmendmentOriginalFilingYes YesTotalRules:1OriginalFilingDate:10/17/2013RuleTypeActionl&J.FYRAmendmentRevisedFilingYes YesBoargofNursing•TotalRules:13OriginalFilingDate:10/17/2013RuleActionCSIFYRRescissionOriginalFilingYes YesNewRuleOriginalFilingYesNoAmendmentOriginalFilingYes YesAmendmentOriginalFilingYesYesRuleNumber4723-4-014723-4-034723-4-044723-4-054723-4-064723-4-074723-4-084723-4-084723-4-09RuleNumber4723-6-014723-6-03JurisdictionEnds:12/21/2013PublicHearing:11120/2013RuleTitleGeneralinformation.Standardsrelatingtocompetentpracticeasaregisterednurse.Standardsrelatingtocompetentpracticeasalicensedpracticalnurse.Standardsrelatingtocompetentpracticeasacertifiednurse-midwife.certifiednursepractitioner,certifiedregisterednurseanesthetist,orclinicalnursespecialist.Standardsofnursingpracticepromotingclientsafety.Standardsforapplyingthenursingprocessasaregisterednurse.Standardsforapplyingthenursingprocessasalicensedpracticalnurse.Standardsforapplyingthenursingprocessasalicensedpracticalnurse.Specialtycertification.RuleTitleDefinitions.JurisdictionEnds:12/21/2013PublicHearing:11/20/2013Termsandconditionsaparticipantmustmeettosuccessfullycompletethealternativeprogramforchemicaldependency.4723-6-04Successfulcompletionofthealternativeprogramforchemicaldependency.4723-6-06Confidentialityregardingthealternativeprogramforchernicaldependency.DateofRevisedFiling:11/20/2013JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RuleNumberRuleTitle4723-6-02RuleNumber4723-18-014723-18-014723-18-024723-18-03Eligibilityrequirementsforparticipationinthealternativeprogramforchemicaldependency.RuleTitleDefinitions.Definitions.JurisdictionEnds:12/21/2013PublicHearing:11/20/2013Processandcriteriatousewhenidentifyinganindividual'spracticedeficiency.EligibilityrequirementsforparticipationinthepracticeinterventionandClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)•www.jcarr.state.oh.us•Page2•12/11120139TENTATIVEAGENDAAmendmentOriginalFilingYesAmendmentOriginalFilingYesRescissionOriginalFilingYesNewRuleOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesRescissionOriginalFilingYesNewRuleOriginalFilingYesAmendmentOriginalFilingYesBoardofNursing•YesYesYesNoYesYesYesNoYesJOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)4723-18-044723-18-054723-18-064723-18-064723-18-074723-18-084723-18-094723-18-094723-18-10improvementprogram(PIIP).Provisionsoftheparticipatoryagreementforthepracticeinterventionandimprovementprogram(PIIP).Groundsforterminationfromthepracticeinterventionandimprovementprogram(PIIP).Requirementsforeducationalproviders.Requirementsforeducationalintervention.Standardsandproceduresforremediation.Standardsandproceduresforworkplacemonitoring.Termsandconditionsaparticipantmustmeettosuccessfullycompletethepracticeinterventionandimprovementprogram(PIIP).Termsandconditionsaparticipantmustmeettosuccessfullycompletethepracticeinterventionandimprovementprogram(PIIP).Confidentialityofrecordsforthepracticeinterventionandimprovementprogram(PIIP).TotalRules:3OriginalFilingDate:10/17/2013JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RuleTl(QeActionCSIAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesFYRYesYesYesRuleNumber4723-20-014723-20-034723-20-07RuleTitleDefinitionspertainingtopreventionofdiseasetransmissionandinfectioncontrol.Handhygiene.Failuretousestandardprecautions.10BoardofNursing•TotalRules:10OriginalFilingDate:10/17/2013JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RuleTl(QeActionCSIAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYesFYRNoNoNoNoNoNoNoNoRuleNumber4723-5-044723-5-064723-5-084723-7-074723-27-024723-27-064723-27-074723-27-08RuleTitleProcedureforboarddeterminationofaprogram'sstatus.Surveyvisits,reports,andresponsebytheadministratorofaprogramtoasurveyvisitreport.Requirementsforseekingconditionalapproval.Originalcertificateandlicense.Standardsofsafemedicationadministrationbyacertifiedmedicationaide.Continuingeducationrequirements.Medicationaidetrainingprograms.Standardminimumcurriculumformedicationaideprograms.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet·ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page3•12/11/2013TENTATIVEAGENDAAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoJOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.StatehouseHearingRoom114(RutherfordB.Hayes)TENTATIVEAGENDA4723-27-09Disciplinaryactionsagainstcertifiedmedicationaides;investigations.4723-27-10Fees.TotalRules:1OriginalFilingDate:10/17/2013DateofRevisedFiling:10/31/2013JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RuleActionCSIFYRAmendmentRevisedFilingYesNoTotalRules:9OriginalFilingDate:10/17/2013RyleActionCSIFYRAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNo11Boardof!!!Yr!!ing•TotalRules:18OriginalFilingDate:10/17/2013RuleActionCSIFYRAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoRescissionOriginalFilingYesYesRescissionOriginalFilingYes YesRuleNumberRuleTitle4723-5-12Programpolicies.DateofRevisedFiling:11/20/2013JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RuleNumber4723-7-024723-7-034723-7-044723-7-054723-7-064723-7-084723-7-094723-27-044723-27-05RuleNumber4723-8-014723-8-024723-8-034723-8-044723-8-054723-8-104723-9-094723-23-014723-23-014723-23-024723-23-03RuleTitleRequirementsandapplicationforlicensurebyexaminationasanurse.Authorizationtotest,accommodations,retesting,andnotification.Requirementsforlicensureforforeigneducatednursegraduates.Registerednurselicensurebyendorsement.Practicalnurselicensurebyendorsement.Replacementofdocumentsissuedbytheboard.Licensurerenewal.Certificationasamedicationaide.Renewalofamedicationaidecertificate.RuleTitleDefinitions.JurisdictionEnds:12/21/2013PublicHearing:11/20/2013Standardsofpractice.Titleprotection.Standardcarearrangementforacertifiednurse-midwife,certifiednursepractitioner,andclinicalnursespecialist.Qualityassurancestandards.Continuingeducationrequirements.Standardsofprescribingfornurseswithacertificatetoprescribe.Definitions.Definitions.Standardsandproceduresforobtainingatemporarycertificatetopracticeasadialysistechnician.StandardsandproceduresforobtaininganinitialcertificatetopracticeasanOhioClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page4•12111!2013TENTATIVEAGENDARescissionOriginalFilingNoYesRescissionOriginalFilingYesYesAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoRescissionOriginalFilingNoYesAmendmentOriginalFilingYesNoJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(Rutherforda.Hayes)certifieddialysistechnician.4723-23-04Proceduresfor obtainingacertificatetopracticeasanOhiocertifieddialysistechnicianbyendorsement.4723-23-05RenewalofacertificatetopracticeasanOhiocertifieddialysistechnician.4723-23-06Continuingeducationrequirements.Informationrequiredwhenattestingtothecompetenceofanapplicantfora4723-23-09temporarycertificateonetopracticeasadialysistechnicianoracertificatetopracticeasanOhiocertifieddialysistechnician.4723-23-10Requirementsforapprovalandreapprovalofatestingorganizationthatconductsanexaminationofadialysistechnician.4723-23-11Proceduresforprovidinginformationtothedialysistechnicianregistry.4723-23-14Standardsforsafedialysiscare.TotalRules:10OriginalFilingDate:10/17/2013DateofRevisedFiling:11/20/2013JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RuleTyQeActionl&!FYRRuleNumberRuleTitleAmendmentRevisedFilingYesNo4723-8-06Nationalcertifyingorganizations.AmendmentRevisedFilingYesNo4723-8-07Initialcertificateofauthority.AmendmentRevisedFilingYesNo4723-8-08Certificateofauthorityrenewal;notificationofnationalrecertification.AmendmentRevisedFilingYesNo4723-9-05Standardsandproceduresforobtaininganexternshipcertificatetoprescribe.AmendmentRevisedFilingYesNo4723-9-06Standardsandproceduresfor obtaininganinitialcertificatetoprescribe.AmendmentRevisedFilingYesNo4723-9-07Certificatetoprescriberenewal.NewRuleRevisedFilingYesNo4723-23-02Dialysistechnicianinterncertificate.NewRuleRevisedFilingYesNo4723-23-03Dialysistechniciancertificate.NewRuleRevisedFilingYesNo4723-23-05RenewalofacertificatetopracticeasanOhiocertifieddialysistechnician.AmendmentRevisedFilingYesYes4723-23-08Requirementsforadialysistechniciantrainingprogramapprovedbytheboard.12BoardofNursing•TotalRules:6OriginalFilingDate:10/17/2013JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RuleT)(Q!lActionCSIFYRRyleNumberRuleTitleAmendmentOriginalFilingYesNo4723-14-01Definitions.AmendmentOriginalFilingYesNo4723-14-03Continuingeducationrequirementforlicensednurses.AmendmentOriginalFilingYesNo4723-14-05EducationalactivitiesthatdoanddonotmeetthecontinuingeducationrequirementAmendmentOriginalFilingYesNo4723-14-07Continuingeducationaudit.AmendmentOriginalFilingYesNo4723-14-10ReapprovalofanOBNapprover.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page5•1211112013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)AmendmentOriginalFilingYesNo13BoardofNyr§ing•TotalRules:9OriginalFilingDate:10/17/2013BuleActionCSIFYRAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoRescissionOriginalFilingYesYesAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoTotalRules:3OriginalFilingDate:10/17/2013BuleActionCSIFYRAmendmentRevisedFilingYesNoAmendmentRevisedFilingYesNoNewRuleRevisedFilingYesNo14BureauofWorkers'Comoensation•TotalRules:1OriginalFilingDate:9/16/2013RuleActionCSIFYRAmendmentRefiledFilingYesNo15BureauofWorkers'!:;om11ensation•TotalRules:4OriginalFilingDate:10/9/2013RuleActionCSIFYRAmendmentOriginalFilingNoNoAmendmentOriginalFilingNo NoAmendmentOriginalFilingNoNoAmendmentOriginalFilingNo No16ofAqriculture•Animallndustrv4723-14-12OBNapproverprocessesandstatements.JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RuleNumberBuleTitle4723-17-03Intravenoustherapyprocedures.4723-25-02Definitions.4723-25-05Distributionofgrantstoprelicensureandpostlicensurenurseeducationprograms.4723-25-11Grantreviewcriteria.4723-26-01Definitionofterms.4723-26-04Renewalofcommunityhealthworkercertificate.4723-26-10Standardsofsafecareprovidedbythecommunityhealthworker.4723-26-11Disciplinaryactionsagainstcertifiedcommunityhealthworkers;investigations.4723-26-12Standardsforcommunityhealthworkertrainingprograms.DateofRevisedFiling:11/20/2013JurisdictionEnds:12/21/2013PublicHearing:11/20/2013RyiSlNumberRuleTitiSl4723-25-06Eligibilitycriteriaforfundingconsideration.4723-26-02Standardsandprocedurestoobtaincommunityhealthworkercertification.4723-26-04Renewalofcommunityhealthworkercertificate.DateofRefiledFiling:11/21/2013JurisdictionEnds:12/21/2013PublicHearing:10/25/2013RuleNumb!;lr4123-6-21.3RuleNumber4123-15-014123-15-034123-15-064123-15-07RuleTitleOutpatientmedicationformulary.JurisdictionEnds:12/13/2013PublicHearing:11/18/2013RuleTitleCodeofethics,titleandrulescovering.Standardsofconduct.Furnishingemployees'codeofethicsandrulesonimproperinfluencetorepresentatives.Representatives'responsibilityrelativetoemployees'codeofethics.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page6•12111!2013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)TotalRules:2OriginalFilingDate:10/7/2013DateofRevisedFiling:10/8/2013JurisdictionEnds:12/11/2013PublicHearing:11/12/2013RuleTypeActionCSIFYRAmendmentRevisedFilingAmendmentRevisedFilingYesNoYesNo17DepartmentofAgriculture•PlantIndustryTotalRules:5OriginalFilingDate:10/9/2013RylgTypgActionCSIFYRAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilinqYesNoRuleNumber901:1-4-01901:1-4-15RuleNumber901:5-58-01901:5-58-02901:5-58-03901:5-58-04901:5-58-0518DepartmentofCommerce•DivisionofUnclaimedFundsRuleTitleDefinitionsandgeneralconsiderations.Wildlifeshelterandwildlifepropagationpermits.JurisdictionEnds:12/13/2013PublicHearing:11/12/2013RuleTitleNoticeofquarantine.Definitions.Regulatedarticles.Regulatedareas.Conditionsformovement.TotalRules:4OriginalFilingDate:10/10/2013DateofRevisedFiling:10/10/2013JurisdictionEnds:12/14/2013PublicHearing:11113/2013ESulgTypeActionAmendmentRevisedFilingAmendmentRevisedFilingAmendmentRevisedFilingRescissionRevisedFilinR.Q.SJ.NoNoNoNoFYRNoYesYesYesRuleNumber1301:10-1-011301:10-2-021301:10-4-011301:10-4-0319DepartmentofDevelopmentalDisabilities•CommunityServicesTotalRules:1OriginalFilingDate:10/10/2013RuleTypeAction.Q.SJ.FYRRuleNumberAmendmentOriginalFilingYesNo5123:2-9-24RuleTitleDefinitions.Adjudicationhearing;decisionofdirector.Claim.Proceduretolocateowners.JurisdictionEnds:12/14/2013PublicHearing:11/19/2013RuleTitleHomeandcommunity-basedserviceswaivers-transportationundertheindividualoptionsandlevelonewaivers.TotalRules:1OriginalFilingDate:10/10/2013DateofRefiledFiling:11/15/2013JurisdictionEnds:12/15/2013PublicHearing:11/19/2013RuleTypeActionCSIFYRAmendmentRefiledFiling20DepartmentofHealth•YesNoTotalRules:5OriginalFilingDate:11/1/2013RuleNumber5123:2-9-30RuleTypeActionCSIFYRRuleNumberRuleTitleHomeandcommunity-basedserviceswaivers-homemaker/personalcareundertheindividualoptionsandlevelonewaivers.JurisdictionEnds:1/5/2014PublicHearing:12/11/2013RuleTitleClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet·ConcourseLevel•Columbus,Ohio43215•{614)466-4086•www.jcarr.state.oh.us•Page7•12111/2013TENTATIVEAGENDAAmendmentOriginalFilingYesYesAmendmentOriginalFilingYesYesAmendmentOriginalFilingYesYesAmendmentOriginalFilingYesYesNewRuleOriginalFilingNo No21D!l!!l!!lmen!QfHealtb•JOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.StatehouseHearingRoom114(RutherfordB.Hayes)TENTATIVEAGENDA3701-43-03Standardsandproceduresfordeterminingeligibilityofphysicianproviders.3701-43-05Medicalequipmentsuppliers.3701-43-18Authorizationforprovisionoftreatmentservicesandgoods.3701-43-23Appealproceduresfordecisionsconcerningtheprogramformedicallyhandicappedchildren.3701-43-26Manufacturerdiscountprogram.TotalRules:22OriginalFilingDate:10/9/2013JurisdictionEnds:12/13/2013PublicHearing:11/14/2013RuleT)'QeActionCSIFYRRuleNumberRuleTitleNewRuleOriginalFilingYesNo3701-19-30Definitions.NewRuleOriginalFilingYesNo3701-19-31Applicabilityoflicensurerequirements.NewRuleOriginalFilingYesNo3701-19-32Licenseapplication,amendedlicense,andrenewalprocedures.NewRuleOriginalFilingYesNo3701-19-33Issuance,denial,transfer,andrevocationofalicense.NewRuleOriginalFilingYesNo3701-19-34Inspections.NewRuleOriginalFilingYesNo3701-19-35Complianceactionsandoperatingwithoutalicense.NewRuleOriginalFilingYesNo3701-19-36Generalrequirementsforpediatricrespitecareprograms.NewRuleOriginalFilingYesNo3701-19-37Governingbody;qualityassessmentandperformanceimprovement.NewRuleOriginalFilingYesNo3701-19-38Generalrequirementsforpediatricrespitecareprogrampersonnel.NewRuleOriginalFilingYesNo3701-19-39Medicaldirector.NewRuleOriginalFilingYesNo3701-19-40Interdisciplinaryteamandinterdisciplinaryplanofcare.NewRuleOriginalFilingYesNo3701-19-41Contractedservices.NewRuleOriginalFilingYesNo3701-19-42Volunteers.NewRuleOriginalFilingYesNo3701-19-43Nursingservices.NewRuleOriginalFilingYesNo3701-19-44Medicalsocialservices.NewRuleOriginalFilingYesNo3701-19-46Counselingandbereavementservice.NewRuleOriginalFilingYesNo3701-19-47Admissionofpatientstopediatricrespitecare.NewRuleOriginalFilingYesNo3701-19-48Standardsforpediatricrespitecareprogramfacilities.NewRuleOriginalFilingYesNo3701-19-49Twenty-fourhournursingservicesinpediatricrespitecareprogramfacilities.NewRuleOriginalFilingYesNo3701-19-50Clinicalrecord.NewRuleOriginalFilingYesNo3701-19-51Medicalsupplies,drugs,biologicals,andmedicalappliances.NewRuleOriginalFilingYesNo3701-19-52Variances;waivers.TotalRules:1OriginalFilingDate:10/9/2013DateofRevisedFiling:10/29/2013JurisdictionEnds:12/13/2013PublicHearing:11/14/2013ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614}466-4086•www.jcarr.state.oh.us•Page8•12111!2013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)RuleT)lQeActionCSIFYRRuleNumberNewRuleRevisedFilingYesNo3701-19-4522DepartmentofHealth•RadiationControlTotalRules:1OriginalFilingDate:11/1/2013Rul!lTygeActionCSIEYE.RuleNumberAmendmentOriginalFilingYesYes3701:1-40-0923DepartmentofHealth•RadiationControlTotalRules:4OriginalFilingDate:10/9/2013Rul!lTygeActionCSIFYRRuleNumberAmendmentOriginalFilingYesYes3701:1-66-04AmendmentOriginalFilingYesYes3701:1-66-06AmendmentOriginalFilingYesYes3701:1-66-08AmendmentOriginalFilingYesYes3701:1-66-1124De[!artmentofJobandFamilyServices•ChildSupportTotalRules:2OriginalFilingDate:10/29/2013RuleTygeActionQ£EYE.Ru!!lNumb§rAmendmentOriginalFilingNoNo5101:12-50-65NewRuleOriginalFilingNoNo5101:12-50-9925DepartmentofJobandF!!milyServices•DivisionofMedicalAssistanceTotalRules:12OriginalFilingDate:10/15/2013RuleTygeActionCSIFYRRuleNumberRescissionOriginalFilingYesYes5101:3-4-26NewRuleOriginalFilingYesNo5101:3-4-26RescissionOriginalFilingYesYes5101:3-8-01RescissionOriginalFilingYesYes5101:3-8-02RescissionOriginalFilingYesYes5101:3-8-03RescissionOriginalFilingYesYes5101:3-8-05NewRuleOriginalFilingYesNo5101:3-8-33NewRuleOriginalFilingYesNo5101:3-8-34RescissionOriginalFilingYesYes5101:3-34-01RuleTitleMedicalservices.RuleTitleJurisdictionEnds:1/5/2014Certainitemscontainingradioactivematerial.PublicHearing:12/11/2013JurisdictionEnds:12/13/2013PublicHearing:11/14/2013RuleTitleQualityassuranceprogram.Dentalradiation-generatingequipment.Mammographyradiation-generatingequipment.Bonedensitometryradiation-generatingequipment.JurisdictionEnds:1/2/2014PublicHearing:12/3/2013RuleTitleOfficeofchildsupportposterprogram.Chapter5101:12-50forms-enforcementofthesupportorder.JurisdictionEnds:12/19/2013PublicHearing:11/18/2013RuleTitleCoveredphysicalmedicineandrehabilitationservices.Physicalmedicineandrehabilitationservices.Eligibleprovidersoflimitedpractitionerservices.Coveredphysicaltherapyservicesandlimitations.Coveredoccupationaltherapyservicesandlimitations.Coveredpsychology servicesandlimitations.Skilledtherapy:documentationofservices.Skilledtherapy:payment.Physicaltherapy,occupationaltherapyandspeech-languagepathology/audiologyservices:generalprovisions.ClickontherulenumberinblueabovetoviewtheruleinItsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page9•12/1112013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)RescissionOriginalFilingYesYesRescissionOriginalFilingYesYesRescissionOriginalFilingYes YesTotalRules:4OriginalFilingDate:10/15/2013BuleActionFYRNewRuleRevisedFilingYesNoNewRuleRevisedFilingYesNoNewRuleRevisedFilingYesNo5101:3-34-01.15101:3-34-01.25101:3-34-01.3Physicaltherapy,occupationaltherapyandspeech-languagepathology/audiologyservices:definitions.Physicaltherapy,occupationaltherapyandspeech-languagepathology/audiologyservices:coverageandlimitations.Physicaltherapy,occupationaltherapyandspeech-languagepathology/audiologyservices:providerclaims,billing,paymentandreimbursement.DateofRevisedFiling:11/19/2013JurisdictionEnds:12/19/2013PublicHearing:11/18/2013BuleNumberRuleTitle5101:3-8-05Psychologyservicesprovidedbylicensedpsychologists.5101:3-8-30Skilledtherapy:scopeanddefinitions.5101:3-8-31Skilledtherapy:providers.NewRuleRevisedFilingYesNo5101:3-8-32Skilledtherapy:coverage.26DepartmentofJobandFamilyServices•DivisionofMedicalAssistanceTotalRules:1OriginalFilingDate:10/15/2013BuleActionCSIFYRAmendmentRevisedFilingYesNoDateofRevisedFiling:11/18/2013JurisdictionEnds:12/19/2013RuleNumber5101:3-2-08.1RuleTitleAssessmentrates.27DepartmentofJobandFamilyServices•DivisionofMedicalAssistanceTotalRules:1RuleOriginalFilingDate:10/15/2013ActionCSIFYRAmendmentRevisedFilingNo NoDateofRevisedFiling:11/15/2013JurisdictionEnds:12/19/2013RuleNumberRuleTitle5101:3-2-21Policiesforoutpatienthospitalservices.28DepartmentofJobandFamilyServices•DivisionofMedicalAssistancePublicHearing:11/18/2013PublicHearing:11/18/2013TotalRules:1OriginalFilingDate:10/15/2013JurisdictionEnds:12/19/2013PublicHearing:11/18/2013RuleActionCSIFYRRuleNumberRuleTitleAmendmentOriginalFilingNoYes5101:3-1-05.3Paymentfor"MedicarePartB"costsharing.29DepartmentofJobandServices•DivisionofMedicalAssistanceTotalRules:7OriginalFilingDate:10/15/2013JurisdictionEnds:12/19/2013PublicHearing:11/18/2013RuleActionCSIRescissionOriginalFilingYesNewRuleOriginalFilingYesAmendmentOriginalFilingYesRescissionOriginalFilingYesFYRBul§Yes5101:3-10-03No5101:3-10-03Yes5101:3-10-08Yes5101:3-10-13RuleTitle"MedicaidSupplyList".Medicalsuppliesandthemedicaidsupplylist.Repairofmedicalequipment.Oxygen:coveredservicesandlimitationsinaprivateresidence.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page10•12111/2013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)RescissionOriginalFilingYesYesAmendmentOriginalFilingYesYes5101:3-10-13.15101:3-10-16Oxygen:coveredservicesandlimitationsinanintermediatecarefacilityforthementallyretarded(ICF-MR).Wheelchairs.AmendmentOriginalFilingYesYes5101:3-15-02.8Medicaltransportationservices:eligibleproviders.TotalRules:1OriginalFilingDate:10/15/2013DateofRevisedFiling:11/19/2013JurisdictionEnds:12/19/2013PublicHearing:11/18/2013RuleTypeActionCSIFYRNewRuleRevisedFilingYesNoRuleNumber5101:3-10-1330DepartmentofJobandFamilyServices•DivisionofMedicalAssistanceTotalRules:3OriginalFilingDate:10/15/2013RuleTypeActionCSIFYRRuleNumberAmendmentOriginalFilingOriginalFilingYesYesYesYes5101:3-4-02.25101:3-4-09RuleTitleOxygenservices.RuleTitleJurisdictionEnds:12/19/2013PublicHearing:11/18/2013Sitedifferentialpaymentsandplaceofservice.Officeincentiveprogram.RescissionAmendmentTotalRules:1RuleTypeOriginalFilingYesYes5101:3-4-25Laboratoryandradiologyservices.OriginalFilingDate:10/15/2013DateofRevisedFiling:11/19/2013JurisdictionEnds:12/19/2013PublicHearing:11/18/2013ActionCSIFYRAmendmentRevisedFilingYesNoRuleNumber5101:3-1-6031DepartmentofJobandFamilyServices•DivisionofMedicalAssistanceTotalRules:2OriginalFilingDate:10/15/2013RuleTypeActionCSIFYRRuleNumberAmendmentOriginalFilingAmendmentOriginalFilingYesNoYesYes5101:3-26-035101:3-26-09.132DepartmentofJobandFamilyServices•DivisionofPublicAssistanceTotalRules:1OriginalFilingDate:10/15/2013RuleTypeActionCSIFYRRuleNumberNewRuleOriginalFilingYesNo5101:1-37-6233DepartmentofJobandFamilyServices·DivisionofPublicAssistanceTotalRules:6OriginalFilingDate:10/15/2013RuleTvoeActionCSIFYRNumberNewRuleOriginalFilingNo No5101:1-37-51.4NewRuleOriginalFilingNoNo5101:1-37-63.2RuleTitleMedicaidreimbursement.JurisdictionEnds:12/19/2013.PublicHearing:11/18/2013RuleTitleManagedhealthcareprograms:coveredservices.Managedhealthcareprograms:thirdpartyrecovery.JurisdictionEnds:12/19/2013PublicHearing:RuleTitleMedicaid:presumptiveeligibility.JurisdictionEnds:12/19/2013PublicHearing:RuleTitleMedicaid:outstationingworkersatdisproportionatesharehospitalsandfederallyqualifiedhealthcenters.Medicaid:continuouseligibilityforchildrenyoungerthanagenineteen.Clickontherulenumberinblueabovetoviewtherule!nitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•wwwjcarr.state.oh.us•Page11•12/1112013TENTATIVEAGENDANewRuleOriginalFilingNoNoRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)5101:1-37-91Medicaid:alienemergencymedicalassistance(AEMA).5101:1-38-01.5Medicaid:Certificateofcreditablecoverageandprivacynotice.5101:1-38-04Medicaid:outstationingworkersatdisproportionatesharehospitalsandfederallyqualifiedhealthcenters.5101:1-38-30Medicaid:continuouseligibilityforchildrenyoungerthanagenineteen.TotalRules:2OriginalFilingDate:10/15/2013DateofRevisedFiling:11/18/2013JurisdictionEnds:12/19/2013PublicHearing:RuleTypeAction.(;&[FYRAmendmentRevisedFilingNewRuleRevisedFilingNoNoNoNoRuleNumber5101:1-37-50.15101:1-37-51.334DepartmentofJobandFamilyServices•DivisionofSocialServicesTotalRules:7OriginalFilingDate:10/8/2013RuleTvo!lActionCSIFYRRuleNumberAmendmentOriginalFilingNoYes5101:2-53-01RescissionOriginalFilingNoYes5101:2-53-02AmendmentOriginalFilingYes Yes5101:2-53-03RescissionOriginalFilingNoYes5101:2-53-04AmendmentOriginalFilingYes Yes5101:2-53-05AmendmentOriginalFilingYes Yes5101:2-53-06AmendmentOriginalFilingYesYes5101:2-53-0835De11ar1mentofJobandFamilyServices•DivisionofSocialS!!rvicesTotalRules:19OriginalFilingDate:10/15/2013RuleTypeActionCSIFYRRuleNumberRescissionOriginalFilingNoYes5101:2-14-02RescissionOriginalFilingNoYes5101:2-14-03RescissionOriginalFilingNoYes5101:2-14-03.1RescissionOriginalFilingNoYes5101:2-14-04RescissionOriginalFilingNoYes5101:2-14-05RescissionOriginalFilingNoYes5101:2-14-06RuleTitleMedicaid:definitions.Medicaid:certificateofcreditablecoverageandprivacynotice.JurisdictionEnds:12/12/2013PublicHearing:11/13/2013RuleTitleDefinitionsrelatedtotheIndianChildWelfareActAdministrativeresponsibilitiesandrecordkeepingforchildrenaffectedbytheIndianChildWelfareActDeterminationofIndianstatus,tribaleligibilityandmembership.EmergencyremovaloftheIndianchild.VoluntaryplacementfortemporarycustodyofIndianchild.InvoluntarycustodyofIndianchildren.PlacementpreferenceofIndianchildren.JurisdictionEnds:12/19/2013PublicHearing:11/21/2013RuleTitleApplicationforcertificationasaprofessionaltypeBhomeproviderorin-homeaide.ComplianceinspectionoftypeBhomeprovidersandin-homeaides.ComplaintinvestigationofprofessionalandlimitedtypeBhomeprovidersandin-homeaides.IssuanceandrenewalofprofessionalcertificationasatypeBhomeproviderorin-homeaide.Provider qualificationsforprofessionalcertificationasatypeBhomeproviderorin-homeaide.Denial,revocationandwithdrawalofprofessionalcertificationasatypeBhomeproviderorin-homeaide.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)•www.jcarr.state.oh.us•Page12•1211112013TENTATIVEAGENDARescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)5101:2-14-07FiresafetyforprofessionalcertificationasatypeBhomeproviderorin-homeaide.5101:2-14-08Indoorspace,programmingandequipmentforprofessionalcertificationasatypeBhomeproviderorin-homeaide.RequirementsforcriminalrecordschecksforcertificationasatypeBprofessional5101:2-14-11orlimitedhomeproviderorin-homeaide,orasanemergencyorsubstitutecaregiver.5101:2-14-13TrainingrequirementsforcertificationasaprofessionaltypeBhomeproviderorin-homeaide.5101:2-14-14EmergencyandsubstitutecaregiverfortypeBhomeprofessionalprovidersorin-homeaides.5101:2-14-16GroupsizeforprofessionalcertificationasatypeBhomeproviderorin-homeaide.5101:2-14-17OutdoorplayforprofessionalcertificationasatypeBhomeproviderorin-homeaide.5101:2-14-18Eveningandovernightcare,sleepingandnappingrequirementsforprofessionalcertificationasatypeBhomeproviderorin-homeaide.5101:2-14-19SafeandsanitaryequipmentandenvironmentforprofessionalcertificationasatypeBhomeproviderorin-homeaide.5101:2-14-20SafetyandsupervisionofchildrenforprofessionalcertificationasatypeBhomeproviderorin-homeaide.5101:2-14-21TransportationandfieldtripsafetyforprofessionalcertificationasatypeBhomeproviderorin-homeaide.5101:2-14-22ChildguidanceandmanagementforprofessionalcertificationasatypeBhomeorin-homeaide.5101:2-14-24Caretaker/providerresponsibilitiesforprofessionalcertificationasatypeBhomeproviderorin-homeaide.36DepartmentofJobandFamilvService_s•DivisionoJSocialServicesTotalRules:19OriginalFilingDate:10/15/2013JurisdictionEnds:12/19/2013PublicHearing:11/21/2013RuleTvoeRescissionRescissionRescissionRescissionActionl:&jOriginalFilingNoOriginalFilingNoOriginalFilingNoOriginalFilingNoFYRRuleNumberYes5101:2-14-26Yes5101:2-14-27Yes5101:2-14-28Yes5101:2-14-29RuleTitleRecordsrequirementsforprofessionalcertificationasatypeBhomeproviderorin-homeaide.CareofchildrenwithspecialneedsorhealthconditionsforprofessionalcertificationasatypeBhomeproviderorin-homeaide.MedicalanddentalemergencyplanforprofessionalcertificationasatypeBhomeproviderorin-homeaide.First-aidsuppliesandproceduresforprofessionalcertificationasatypeBhomeproviderorin-homeaide.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)•www.jcarr.state.oh.us•Page13•1211112013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)RescissionOriginalFilingNoYes5101:2-14-30Managementofcommunicablediseaseforprofessionalcertificationasatype8homeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-31AdministrationofmedicationforprofessionalcertificationasatypeBhomeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-32Mealpreparation/nutritionalrequirementsforprofessionalcertificationasatype8homeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-34InfantcareforprofessionalcertificationasatypeBhomeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-35Diapercareforprofessionalcertificationasatype8homeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-36Cribandplaypenrequirementsforprofessionalcertificationasatype8homeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-37Swimmingandwatersafetyrequirementsforprofessionalcertificationasatype8homeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-40Certificationappealproceduresforprofessionalandlimitedtype8providersandin-homeaides.RescissionOriginalFilingNoYes5101:2-14-55Applicationandapprovalforlimitedcertificationasatype8homeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-56IssuanceandrenewalofacertificateforlimitedcertificationasatypeBhomeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-57Limitedcertificationcomplianceinspectionofatype8homeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-58ProviderqualificationsandresponsibilitiesforlimitedcertificationasatypeBhomeproviderorin-homeaide.RescissionOriginalFilingNoYes5101:2-14-60Denial,revocationandwithdrawaloflimitedcertificationasatype8homeproviderorm-homea1de.RescissionOriginalFilingNoYes5101:2-14-61CountydepartmentofjobandfamilyservicescertificationresponsibilitiesforcertifiedtypeBprovidersandin-homeaides.RescissionOriginalFilingNoYes5101:2-14-62Confidentialityinvolvingaprofessionalorlimitedcertifiedhomeproviderorin-homeaide.37D!![!i!rtmentofJobandFamilllServices•DivisiQnofSo!<ialS!!rvicesTotalRules:5OriginalFilingDate:10/15/2013JurisdictionEnds:12/19/2013PublicHearing:11/21/2013RuleTypeActionCSIFYRRuleNumberRuleTitleAmendmentOriginalFilingNoYes5101:2-14-01Definitionsforcertificationoftype8homeprovidersandin-homesaides.NewRuleOriginalFilingYesNo5101:2-14-05Proceduresforalicensedtype8homeprovideroperatingunderaprovisionallicense.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsiTe.JCARR77SouthHighStreet•ConcourseLevel·Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page14•12111!2013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDANewRuleNewRuleNewRuleTotalRules:8RuleNewRuleNewRuleNewRuleNewRuleNewRuleNewRuleNewRuleNewRuleStatehouseHearingRoom114(RutherfordB.Hayes)OriginalFilingOriginalFilingOriginalFilingYesNoYesNoYesNoOriginalFilingDate:10/15/2013Action1&1FYRRevisedFilingYesNoRevisedFilingYesNoRevisedFilingYesNoRevisedFilingYesNoRevisedFilingYesNoRevisedFilingYesNoRevisedFilingYesNoRevisedYesNo5101:2-14-115101:2-14-12IndoorandoutdoorspacerequirementsforalicensedtypeBhomeprovider.SafeequipmentandenvironmentforalicensedtypeBhomeprovider.5101:2-14-13SanitaryequipmentandenvironmentforalicensedtypeBhomeprovider.DateofRevisedFiling:11/14/2013JurisdictionEnds:12/19/2013PublicHearing:11/21/2013RuleNumber5101:2-14-025101:2-14-035101:2-14-045101:2-14-065101:2-14-075101:2-14-085101:2-14-095101:2-14-10RuleTitleApplicationandissuanceforatypeBhomeproviderlicense.ComplianceinspectionandcomplaintinvestigationofalicensedtypeBhomeprovider.DenialandrevocationofalicensedtypeBhomeprovider.ProviderqualificationsforalicensedtypeBhomeprovider.LicensedtypeBhomerequirementsforcriminalrecordschecks.TrainingrequirementsforlicensedtypeBhomeprovider.Emergency/substitutecaregivers,assistantsandemployeesforalicensedtypeBhomeprovider.FiresafetyrequirementsforalicensedtypeBhomeprovider.38DepartmentofJobandServices•DivisionofSocialServicesTotalRules:10OriginalFilingDate:10/15/2013JurisdictionEnds:12/19/2013PublicHearing:11/21/2013RuleNewRuleNewRuleNewRuleNewRuleNewRuleNewRuleNewRuleNewRuleNewRuleNewRuleTotalRules:2RuleNewRuleAction1&1FYROriginalFilingYesNoOriginalFilingYesNoOriginalFilingYesNoOriginalFilingYesNoOriginalFilingYesNoOriginalFilingYesNoOriginalFilingYesNoOriginalFilingYesNoOriginalFilingYesNoOriginalFilingYesNoOriginalFilingDate:10/15/2013Action1&1FYRRevisedFilingYesNoRuleNumber5101:2-14-145101:2-14-165101:2-14-175101:2-14-185101:2-14-195101:2-14-205101:2-14-215101:2-14-225101:2-14-23RuleTitleTransportationandfieldtripsafetyforalicensedtypeBhomeprovider.Medical,dental,firstaidandcommunicablediseaseproceduresforalicensedtypeBhomeprovider.ProgrammingandmaterialsforalicensedtypeBhomeprovider.GroupsizeforalicensedtypeBhomeprovider.SleepingandnappingrequirementsforalicensedtypeBhomeprovider.SupervisionofchildrenandchildguidanceforalicensedtypeBhomeprovider.Mealpreparation/nutritionalrequirementsforalicensedtypeBhomeprovider.InfantcareanddiapercareforalicensedtypeBhomeprovider.SwimmingandwatersafetyrequirementsforalicensedtypeBhomeprovider.5101:2-14-24EveningandovernightcarerequirementsforalicensedtypeBhomeprovider.DateofRevisedFiling:11/14/2013JurisdictionEnds:12/19/2013PublicHearing:11/21/2013RuleNumber5101:2-14-15RuleTitleChildrecordsrequirementsforalicensedtypeBhomeprovider.ClickontherulenumberinblueabovetoviewtheruleinlisenllretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page15•1211112013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)NewRuleRevisedFilingYesNo5101:2-14-2539DepartmentofJobandFamilyServices•DivisionofSocialServicesTotalRules:2RuleTy(leNewRuleOriginalFilingDate:10/15/2013Actionl:&lFYROriginalFilingYesNoRuleNumber5101:2-14-32CountydepartmentofjobandfamilyserviceslicensingresponsibilitiesfortypeBhomeproviders.JurisdictionEnds:12/19/2013PublicHearing:11/21/2013RuleTitleIn-homeaideresponsibilitiesandassurances.NewRuleOriginalFilingYesNo5101:2-14-33Safetyrequirementsforin-homeaides.TotalRules:4OriginalFilingDate:10/15/2013DateofRevisedFiling:11/14/2013JurisdictionEnds:12/19/2013PublicHearing:11/21/2013RuleTy(leActionNewRuleRevisedFilingNewRuleRevisedFilingNewRuleRevisedFilingNewRuleRevisedFilingCSIYesYesYesYesFYRNoNoNoNoRuleNumber5101:2-14-305101:2-14-315101:2-14-345101:2-14-3540DepartmentofPublicSafety•BureauofMotorVehiclesTotalRules:3OriginalFilingDate:10/15/2013RuleTypeActionCSIFYRRuleNumberAmendmentOriginalFilingYesAmendmentOriginalFilingYesAmendmentOriginalFilingYes41DegartmentofTaxation•NoNoNo4501:1-6-014501:1-6-024501:1-6-03RuleTitleApplicationandapprovalforcertificationasanin-homeaide.Qualificationsforcertificationasanin-homeaide.Countydepartmentofjobandfamilyservices(CDJFS)responsibilitiesfortheissuanceandrenewalforin-homeaide(IHA)certification.Countydepartmentofjobandfamilyservices(CDJFS)responsibilityforcomplianceandcomplaintinvestigationforanin-homeaide(IHA).JurisdictionEnds:12/19/2013PublicHearing:11/19/2013RuleTitleTermsandprovisionsgoverningcontractsbetweentheregistraranddeputyregistrars.Selectionandappointmentofdeputyregistrars.Designationoflocationsandsitesofdeputyregistraroffices.TotalRules:1OriginalFilingDate:10/16/2013DateofRevisedFiling:10/17/2013JurisdictionEnds:12/20/2013PublicHearing:BuleIy(leActionCSIFYRNewRuleRevisedFilingYesNoRuleNumber5703-35-0142DegartmentofTransgortation•DivisionofHighwaysTotalRules:3OriginalFilingDate:10/25/2013RuleTypeActionCSIFYRRuleNumberAmendmentOriginalFilingNoYes5501:2-5-03AmendmentOriginalFilingNoYes5501:2-5-04AmendmentOriginalFilingNoYes5501:2-5-05BuleT;tleSeveranceTaxseverersandownersmustfileandpayelectronically.JurisdictionEnds:12/29/2013PublicHearing:RuleTitlePaymentsformovingandrelatedexpenses.Replacementhousingpayments.Mobilehomes.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet·ConcourseLevel·Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us·Page16•12111/2013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.StatehouseHearingRoom114(RutherfordB.Hayes)TENTATIVEAGENDATotalRules:3OriginalFilingDate:10/25/2013DateofRevisedFiling:11/14/2013JurisdictionEnds:12/29/2013PublicHearing:RuleActionCSIFYRAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYes43LiquorControl•LiquorControlCommissionTotalRules:1OriginalFilingDate:11/1/2013RuleAction.\:&!FYRAmendmentOriginalFilingYesNo44OhioEnvironmentalProtectionAgency•TotalRules:1OriginalFilingDate:10/28/2013RuleNumber5501:2-5-015501:2-5-025501:2-5-06RuleNumber4301:1-1-17RuleTygeActionCSIFYRRuleNumberAmendmentOriginalFilingYesNo45OhioPoliceandFirePensionFund•TotalRules:3OriginalFilingDate:10/11/2013RuleTygeAction.\:&!FYRAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYes46OhioPoliceandFirePensionFund•TotalRules:3OriginalFilingDate:10/31/2013RuleTygeActionCSIFYRAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYes3745-21-09RuleNumber742-3-05742-7-12742-7-13RuleNumber742-4-01742-4-03742-5-07RuleTitleGeneralprovisions.Generalrelocationrequirements.Realpropertyacquisition.JurisdictionEnds:1/5/2014RuleTitleSanitationrequirements.JurisdictionEnds:1/1/2014RuleTitlePublicHearing:12/5/2013PublicHearing:12/6/2013Controlofemissionsofvolatileorganiccompoundsfromstationarysourcesandperchloroethylenefromdrycleaningfacilities.JurisdictionEnds:12/15/2013PublicHearing:RuleTitleDisabilitybenefitsprocedure.Healthcarediscountprogram.Healthcareprogram.JurisdictionEnds:1/4/2014RuleTitleGeneralDROPdefinitions.EffectivedateofDROPelection.Servicecreditpurchasesandtransfers.PublicHearing:47OhioRespiratorvCareBoard•HomeMedicalEquipmentServiceProvidersTotalRules:3OriginalFilingDate:10/28/2013JurisdictionEnds:1/1/2014PublicHearing:12/4/2013RuleTygeActionCSIFYRRuleNumberRuleTitleAmendmentOriginalFilingYes Yes4761:1-5-01Qualificationsforlicensure.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite,JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page17•1211112013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)AmendmentOriginalFilingYesYesAmendmentOriginalFilingYesYes48OhioResj;!irato!)lCareBoard•TotalRules:2OriginalFilingDate:10/28/2013RuleTVDJlActionCSIFYRAmendmentOriginalFilingYesYesAmendmentOriginalFilingYesYes49OhioUniformFoodCode·TotalRules:1OriginalFilingDate:11/1/2013Rul§ActionCSIFYRAmendmentOriginalFilingYesNo50Oj;!j;!OrlunitiesforOhioanswithDisabilities•TotalRules:4OriginalFilingDate:10/9/2013RuleActionFYRAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesTotalRules:1OriginalFilingDate:10/9/2013RuleTygeActionCSIFYRAmendmentRevisedFilingNoYes51PublicEmj;!loyeesRetirementSystem•TotalRules:1OriginalFilingDate:10/8/2013RuleActionCSIFYRAmendmentOriginalFilingNoYes52PublicEmj;!loyeesRetirementSystem•TotalRules:1OriginalFilingDate:10/23/20134761:1-9-014761:1-13-01RuleNumber4761-1-014761-3-01RyleNumber3717-1-01Rulet:,!um!:!er3304-2-573304-2-603304-2-66Standardsofpracticeforlicenseholders.Continuingeducationstandards.JurisdictionEnds:1/1/2014RuleTill§PublicHearing:12/4/2013Publichearingsonadoption, amendment,orrescissionofrules:methodsofpublicnotice.Definitionsofterms.JurisdictionEnds:1/5/2014PublicHearing:12/11/2013RuleTitleStateofOhioUniformFoodSafetyCodeanddefinitions.RuleTitleRestoration.JurisdictionEnds:12/13/2013PublicHearing:11/12/2013Supportedemploymentservices.Conditionsforprovidingself-employmentservices.3304-2-67Homemodifications.DateofRevisedFiling:10/10/2013JurisdictionEnds:12/13/2013PublicHearing:11/12/2013RuleNumber3304-2-51RuleNumber145-4-02RuleTill§Vocationalrehabilitationprogram.JurisdictionEnds:12/12/2013PublicHearing:RuleTill§Healthcarefund.JurisdictionEnds:12/27/2013PublicHearing:RuleActionFYRRuleNumberRuleTitleNewRuleOriginalFilingNo No145-4-07Reenrollmentfollowingvoluntaryterminationofhealthcarecoverage.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.ohus•Page18•12111!2013TENTATIVEAGENDA53PublicEmgloJ(erRiskReductionProgram•JOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.StatehouseHearingRoom114(RutherfordB.Hayes)TENTATIVEAGENDATotalRules:21OriginalFilingDate:10/9/2013JurisdictionEnds:12/13/2013PublicHearing:11/18/2013RuleT)lQeActionCSIFYRRuleNumberRuleTitleNewRuleOriginalFilingNoNo4167-1-01Definitions.NewRuleOriginalFilingNo No4167-2-01Refusaltowork.NewRuleOriginalFilingNoNo4167-2-02Complaintbypublicemployee.NewRuleOriginalFilingNoNo4167-3-01EmploymentRiskReductionStandards.NewRuleOriginalFilingNoNo4167-3-02Emergencytemporarystandards.NewRuleOriginalFilingNo No4167-3-05Ohiospecificsafetystandards.NewRuleOriginalFilingNo No4167-4-01Noticetoemployees.AmendmentOriginalFilingNoYes4167-5-01Abatementdates.AmendmentOriginalFilingNoYes4167-5-02Unduehardship.AmendmentOriginalFilingNoYes4167-5-03Petitionforamodificationofabatementdate.NewRuleOriginalFilingNoNo4167-6-01Recordingandreportingoccupationalinjuriesandillnesses.AmendmentOriginalFilingNoYes4167-6-10Reportingoffatalityormultiplehospitalizationaccidents.NewRuleOriginalFilingNo No4167-6-11Needlestickrecords.NewRuleOriginalFilingNoNo4167-7-01VariancesfromOhiopublicemploymentriskreductionstandards.NewRuleOriginalFilingNoNo4167-8-01Inspectionprocedures.NewRuleOriginalFilingNoNo4167-8-02Findingofimminentdanger.NewRuleOriginalFilingNo No4167-8-03Citations.NewRuleOriginalFilingNo No4167-10-01Protectionoftradesecretsandconfidentialinformation.NewRuleOriginalFilingNoNo4167-10-02Requireddisclosureoftradesecretsandconfidentialinformationtohealthprofessionals.AmendmentOriginalFilingNoYes4167-13-01Abatementverification.NewRuleOriginalFilingNoNo4167-14-01Contestsofcitations.54EYillil<l;mJ'!IO)lerRiskErQgram•TotalRules:30OriginalFilingDate:10/9/2013JurisdictionEnds:12/13/2013PublicHearing:11/18/2013RuleT)lgeActionCSIFYRRuleNumt112rRuleTitleRescissionOriginalFilingNoYes4167-1-01Definitions.RescissionOriginalFilingNoYes4167-1-02Officialaddress.RescissionOriginalFilingNoYes4167-1-16Filingofdocuments.RescissionOriginalFilingNoYes4167-1-17Continuances.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page19•1211112013TENTATIVEAGENDARescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYes55Publi!<!;m!liO)lerRiskReductio[!Erog[i!m•JOINTCOMMITTEEONAGENCYRULEREVIEW12/ll/2013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)4167-1-18Stipulations.4167-1-19Exhibits.4167-2-01Refusaltoworkprocedures.4167-2-02Employeerights.4167-2-03Employerrights.4167-2-04Inspectionandenforcementprocedure.4167-3-01Incorporationbyreference.4167-3-02Adoptionofstandards.4167-3-03Adoptionofstandards.4167-3-05Ohiospecificsafetystandards.4167-3-06Safeneedlestandards.4167-4-01Notificationtoemployees.4167-6-01Recordingandreportingoccupationalinjuriesandillnesses.4167-6-02Logandsummaryofwork-relatedinjuriesandillnesses.4167-6-03Supplementaryrecord.4167-6-04Annualsummary.4167-6-05Falsificationandfailuretokeeprecordsorreports.4167-6-07Retentionofrecords.4167-6-08Accesstorecords.4167-7-01VariancesfromOhiopublicemploymentriskreductionstandards.4167-8-01Inspectionprocedures.4167-10-01Protectionoftradesecretsandconfidentialinformation.4167-11-01Emergencytemporarystandard.4167-14-01Contestsofcitations.4167-15-01Exemptionapplicationrequirements.4167-15-02Exemptionmayberevoked.TotalRules:2OriginalFilingDate:1011512013JurisdictionEnds:1211912013PublicHearing:1111812013RuleT)i(leActionCSIFYRRuleNumberRuleTitleRescissionOriginalFilingNoYes4167-14-02Hearingsandappeals.NewRuleOriginalFilingNoNo4167-14-02Hearingsandappeals.56SchoolEm!!IO)leesRetirementS)lstem•ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebslle.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page20•12/1112013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.TENTATIVEAGENDAStatehouseHearingRoom114(RutherfordB.Hayes)TotalRules:1OriginalFilingDate:10/18/2013JurisdictionEnds:12/22/2013PublicHearing:RuleTypeActionCSIFYRRuleNumberRuleTitleAmendmentOriginalFilingNo No3309-1-53Rolloverdistribution.57StateBoardofLibraryExaminers•TotalRules:1OriginalFilingDate:10/31/2013JurisdictionEnds:1/4/2014RuleTypeActionEYBRuleNumberRuleTitleRescissionOriginalFilingNoYes3376-1-01Certificationstandardsforcountydistrictlibrarians.58StateChiropracticBoard•TotalRules:1OriginalFilingDate:7/22/2013DateofRefiledFiling:11/12/2013JurisdictionEnds:12/12/2013RuleTypeActionCSIFYRAmendmentRefiledFilingYesYes59StateHighwayPatrolRetirementSystem•TotalRules:1OriginalFilingDate:10/30/2013RuleNumber4734-9-10RuleTypeActionEYBRuleNumberRuleTitleConductfollowingactionagainstalicense.JurisdictionEnds:1/3/2014RuleTitlePublicHearing:PublicHearing:12/5/2013PublicHearing:RescissionOriginalFilingNoYes5505-7-09Administrationofapproveddivisionofpropertyorders.TotalRules:1OriginalFilingDate:10/30/2013RuleTypeActionFYRNewRuleRevisedFilingNo NoTotalRules:1OriginalFilingDate:10/30/2013RuleTypeActionCSIFYRRescissionRevisedFilingNoYes60StatelotteryCommission•lotteryCommissionTotalRules:1OriginalFilingDate:10/22/2013DateofRevisedFiling:11/18/2013JurisdictionEnds:1/3/2014PublicHearing:RuleNumberRuleTitle5505-7-08Divisionofpropertyorders.DateofRevisedFiling:11/22/2013JurisdictionEnds:1/3/2014RuleNumber5505-7-08RuleTitleDivisionofpropertyorders.PublicHearing:JurisdictionEnds:12/26/2013PublicHearing:1.1/26/2013RuleTypeActionCSIFYRRuleNumberRuleTitleRescissionOriginalFilingNoYes61StateTeachersRetirementSystem•TotalRules:1OriginalFilingDate:10/18/2013RuleTypeActionCSIFYRAmendmentRevisedFiling62TreasurerofState•No No3770:1-9-56Gamenumberfifty-six.DateofRevisedFiling:11/22/2013JurisdictionEnds:12/22/2013RuleNumber3307-8-01RuleTitlePaymentsofbenefits.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.PublicHearing:JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page21•12/11/2013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/11/2013-11:00A.M.StatehouseHearingRoom114(RutherfordB.Hayes)TotalRules:1OriginalFilingDate:10/31/2013JurisdictionEnds:1/4/2014RuleTypeActionCSIFYRRuleNumberRuleTitleTENTATIVEAGENDAPublicHearing:AmendmentOriginalFilingNoYes113-5-01Exemptionsfromcontinuingeducationrequirements.63BureauofWorkers'Compensation•TotalRules:9OriginalFilingDate:10/10/2013Rul§TypeActionCSIFYRRescissionToBeRefiledYes YesNewRuleToBeRefiledYesNoNewRuleToBeRefiledYesNoNewRuleToBeRefiledYesNoNewRuleToBeRefiledYesNoNewRuleToBeRefiledYesNoNewRuleToBeRefiledYesNoNewRuleToBeRefiledYesNoNewRuleToBeRefiledYesNoToBeRefiledDateotToBeRefiled:11/20/2013JurisdictionEnds:PublicHearing:11/18/2013Rul§Number4123-17-154123-17-154123-17-15.14123-17-15.24123-17-15.34123-17-15.44123-17-15.54123-17-15.64123-17-15.7RuleTitleProfessionalemployerorganization(PEO)agreements.Professionalemployerorganizations.PEOagreements.Registrationandreportingrequirements.Securityrequirements.Financialrequirements.Self-insuringPEOs.Clientemployerinformation.DenialorrevocationofPEOregistration.Withdrawn64DepartmentofJobandFamilvServices•DivisionofSocialServicesTotalRules:1OriginalFilingDate:7/26/2013RuleTypeActionCSIFYRAmendmentWithdrawnFilingYes Yes65StateBoardofCosmetology•TotalRules:1OriginalFilingDate:11/8/2013RuleTypeActionCSIFYRNewRuleWithdrawnFilingYesNoDateofWithdrawnFiling:11/12/2013JurisdictionEnds:PublicHearing:8/29/2013RuleNumb§r5101:2-14-14RuleTitleEmergencyandsubstitutecaregiverfortypeBhomeprofessionalprovidersorin-homeaides.DateofWithdrawnFiling:11/19/2013JurisdictionEnds:PublicHearing:12/11/2013RuleNumber4713-7-08RuleTitleFailureofapplicants.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel·Columbus,Ohio43215•(614)466-4086•www_jcarr.state.oh.us•Page22•12/11/2013TENTATIVEAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW12/1112013-11:00A.M.StatehouseHearingRoom114(RutherfordB.Hayes)ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.TENTATIVEAGENDAJCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•{614}466-4086•www.jcarr.state.oh.us•Page23•12/111201312JOINTCOMMITTEEONAGENCYRULEREVIEWAgenda-4/8/2013-1:30P.M.StatehouseHearingRoom121(WilliamMcKinleyRoom)FINALAGENDAFINALAGENDAConsentCagitolSQYi!l:!!BeviewandAdviso!:l£Boi!rd•TotalRules:1OriginalFilingDate:2/20/2013DateofRevisedFiling:2/25/2013JurisdictionEnds:4/26/2013PublicHearing:RuleT¥geAction!&!FYRRuleNumberRuleTitleAmendmentRevisedFilingNoNo128-4-02Capitolbuildingsorgroundsuse:generalrulesandrequirementofapermitChemicalDegendenc)lProfessionalsBoard•TotalRules:40OriginalFilingDate:2/15/2013JurisdictionEnds:4/21/2013PublicHearing:3/18/2013RuleT¥geAction!&!EYEBuleNumberRuleTitleAmendmentOriginalFilingYesNo4758-1-01Adoptionofrules/methodsofpublicnotice.AmendmentOriginalFilingYesNo4758-1-03Minutesofboardmeetings.AmendmentOriginalFilingYesNo4758-2-01Definitions,abbreviationsandtitles.AmendmentOriginalFilingYesNo4758-3-01Fees.AmendmentOriginalFilingYesNo4758-4-01Formalapplicationforlicensureorcertification.NewRuleOriginalFilingYesNo4758-4-02Licensedindependentchemicaldependencycounselor(LICDC)transitiontolicensedindependentchemicaldependencycounselor-clinicalsupervisor.AmendmentOriginalFilingYesNo4758-5-01Requirementsforcertificationofchemicaldependencycounselorassistants(COCA).AmendmentOriginalFilingYesNo4758-5-03RequirementsforlicensureofchemicaldependencycounselorsII(LCDCII).AmendmentOriginalFilingYesNo4758-5-04RequirementsforlicensureofchemicaldependencycounselorsIll(LCDCIll).AmendmentOriginalFilingYesNo4758-5-05Requirementsforlicensureofindependentchemicaldependencycounselors(LICDC).RescissionOriginalFilingYesYes4758-5-06Requirementsforcertificationofregisteredapplicants(RA).NewRuleOriginalFilingYesNo4758-5-06Requirementsforlicensureofindependentchemicaldependencycounselors-clinicalsupervisor(LICDC)-CS.NewRuleOriginalFilingYesNo4758-5-07Requirementsforcertificationofregisteredapplicants(RA).RescissionOriginalFilingYesYes4758-5-08RequirementsforcertificationofOhiopreventionspecialistsI(OCPSI).ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet·ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page1•41812013FINALAGENDANewRuleOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoAmendmentOriginalFilingYesNo.AmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoRescissionOriginalFilingYesYesNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNoJOINTCOMMITTEEONAGENCYRULEREVIEW4/8/2013-1:30P.M.FINALAGENDAStatehouseHearingRoom121{WilliamMcKinleyRoom)4758-5-08RequirementsforcertificationofOhiopreventionspecialistsassistants(OCPSA).4758-5-09RequirementsforcertificationofOhiopreventionspecialistsII(OCPSII).4758-5-10RequirementsforcertificationofOhiopreventionspecialistII(OCPSII).4758-6-01Scopeofpracticeforchemicaldependencycounselorassistants(CDCA).4758-6-03ScopeofpracticeforlicensedchemicaldependencycounselorsII(LCDCII).4758-6-04ScopeofpracticeforlicensedchemicaldependencycounselorsIll(LCDCIll).4758-6-05Scopeofpracticeforlicensedindependentchemicaldependencycounselors(LICDC).4758-6-06Scopeofpracticeforregisteredapplicants.4758-6-06Scopeofpracticeforlicensedindependentchemicaldependencycounselors-clinicalsupervisors(LICDC-CS).4758-6-07ScopeofpracticeforOhiocertifiedpreventionspecialistsI(OCPS1).4758-6-07Scopeofpracticeforregisteredapplicants(RA).4758-6-08ScopeofpracticeforOhiocertifiedpreventionspecialistsII(OCPSII).4758-6-08ScopeofpracticeforOhiocertifiedpreventionspecialistassistant(OCPSA).4758-6-09ScopeofpracticeforOhiocertifiedpreventionspecialistsI(OCPS1).4758-6-10ScopeofpracticeforOhiocertifiedpreventionspecialistsII(OCPSII).4758-8-01Codeofethicsforchemicaldependencycounselors.4758-8-02Codeofethicsforclinicalsupervisors.4758-8-03Codeofethicsforpreventionspecialists.4758-10-01Disciplinaryactionagainstlicensees,certificateholders,orapplicants.4758-13-01ContinuingeducationrequirementsforCDCA,LCDCII,LCDCIll,LICDC.4758-13-02ContinuingeducationrequirementsforRA,OCPSIandOCPSII.4758-13-03Specialcircumstancesfortherenewalofalicenseorcertificate.4758-13-04Definitionofrecognizedclockhours.4758-13-05Lapsedlicenseorcertificate/restorationprocess.4758-15-01Reciprocity.4758-20-02Definitions,abbreviationsandtitles.TotalRules:3OriginalFilingDate:2/15/2013DateofRevisedFiling:3/15/2013JurisdictionEnds:4/21/2013PublicHearing:3/18/2013RuleTvPeActionCSIFYRRyleNumberRuleTitleNewRuleRevisedFilingYesNo4758-4-03Administeringexaminationsforindividualsseekingtobedepartmentoftransportationsubstanceabuseprofessionals(DOT/SAP).NewRuleRevisedFilingYesNo4758-5-09RequirementsforcertificationofOhiopreventionspecialistI(OCPS1).ClickontherulenumberinblueabovetoviewtheruleinitsentirelyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page2•418120133FINALAGENDAAmendmentRevisedFilingYesNoDell!!!lmgntofEducation•JOINTCOMMITTEEONAGENCYRULEREVIEW4/8/2013-1:30P.M.StatehouseHearingRoom121(WilliamMcKinleyRoom)4758-20-05Confidentialitystatutes.FINALAGENDATotalRules:3OriginalFilingDate:2/8/2013JurisdictionEnds:4/14/2013PublicHearing:3/12/2013RuleTvDeActionCSIFYRAmendmentOriginalFilingNoNoAmendmentOriginalFilingNo NoAmendmentOriginalFilingNo NoTotalRules:3OriginalFilingDate:2/8/2013RuleTygeActionCSIFYRAmendmentRevisedFilingNoYesAmendmentRevisedFilingNo NoNewRuleRevisedFilingNoNoRuleNumber3301-24-193301-24-203301-24-21RuleTitleAlternativeresidenteducatorlicenseforteachingadesignatedsubjectingradesfourtotwelve.Alternativeresidenteducatorlicenseforteachingworldlanguagesingradesprekindergartentotwelve.Alternativeresidenteducatorlicenseforinterventionspecialistgradeskindergartentotwelve.DateofRevisedFiling:2/27/2013JurisdictionEnds:4/14/2013PublicHearing:3/12/2013RuleNumber3301-24-083301-24-223301-35-15RuleTitleProfessionalorassociatelicenserenewal.Alternativeresidenteducatorlicensefor career-technicalworkforcedevelopmentprograms.Standardsfortheimplementationofpositivebehaviorinterventionsupportsandtheuseofrestraintandseclusion.4DepartmentofJobandFamilyServices•DivisionofMedicalAssjst!!ncgTotalRules:1OriginalFilingDate:2/20/2013RuleTypeActionCSIFYRRuleNumberAmendmentOriginalFilingNo No5101:3-3-16.45DepartmentofJobandFamilyServices•DivisionofPublicAssistanceTotalRules:1OriginalFilingDate:2/22/2013RuleTypeActionFYRAmendmentOriginalFilingNoNoRuleNumber5101:1-2-706DepartmentofJobandFamilyServices•DivisionofSocialServicesTotalRules:1RuleTygeNewRuleOriginalFilingDate:2/5/2013ActionCSIFYROriginalFilingNoNoRuleNumber5101:2-42-65.17DepartmentofNaturalResources•DivisionofWildlifeTotalRules:3OriginalFilingDate:2/4/2013JurisdictionEnds:4/26/2013PublicHearing:3/27/2013RuleTitleCoverageofbed-holddaysformedicallynecessaryandotherlimitedabsencesfromnursingfacilities(NFs).JurisdictionEnds:4/28/2013PublicHearing:4/3/2013RuleTitleIssuanceofcashassistancebenefits.JurisdictionEnds:4/11/2013PublicHearing:3/13/2013RuleTitleExitinterviewswhenachildincustodyleavesanoutofhomeplacement.JurisdictionEnds:4/10/2013PublicHearing:3/7/2013ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page3•41812013FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW4/8/2013-1:30P.M.FINALAGENDAStatehouseHearingRoom121(WilliamMcKinleyRoom)RuleTypeActionAmendmentOriginalFilingRescissionOriginalFilingCSIFYRNoYesNoYesRescissionOriginalFilingNoYesTotalRules:7OriginalFilingDate:2/4/2013RuleTypeActionCSIFYRAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesTotalRules:2OriginalFilingDate:2/4/2013Rul§TypeAction.Q!2lFYRAmendmentRevisedFilingNoYesAmendmentRevisedFilin!'JNoYesRuleNumber1501:31-15-041501:31-15-12RuleTitleState-ownedoradministeredlandsdesignatedaspublichuntingareas.Urbandeerunits.1501:31-15-13Earlymuzzleloadingdeerhuntingareas.DateofRevisedFiling:3/7/2013JurisdictionEnds:4/10/2013PublicHearing:3/7/2013RuleTjtleRuleNumber1501:31-9-031501:31-13-011501:31-15-061501:31-15-101501:31-15-17Regulationsontheuseoffirearmsondivisionownedorcontrolledareas.Sportfishing.Areasrequiringpermittohuntthereon.Wildturkeyregulations.Seasonsforgamebirds,gamequadrupedsandfurbearinganimals.1501:31-16-01Wildlifeminimumvalues.1501:31-21-02Duckblindpermitrequirements.DateofRevisedFiling:3/8/2013JurisdictionEnds:4/10/2013RuleNumber1501:31-1-021501:31-3-15RuleTitleDefinitionofterms.Takingofcertainspeciesoffishwithseine.PublicHearing:3/7/20138DepartmentofNaturalResources•DivisionofWildlifeTotalRules:1OriginalFilingDate:2/22/2013RuleTypeAction.Q!2lFYRRescissionTotalRules:1RuleTypeNewRuleOriginalFilingYes YesOriginalFilingDate:2/22/2013ActionCSIFYRRevisedFilingYesNo9DepartmentofPublicSafety•TotalRules:1OriginalFilingDate:2/14/2013RuleTypeAction.Q!2lFYRAmendmentOriginalFiling10OhioAthleticCommission·YesNoTotalRules:1OriginalFilingDate:6/18/2012RuleTypeActionCSIFYRJurisdictionEnds:4/28/2013RuleNumberRuleTitle1501:31-15-03Nuisancewildanimalregulations.DateofRevisedFiling:3/20/2013JurisdictionEnds:4/28/2013RuleNumber1501:31-15-03RuleNumber4501-7-23RuleTjtleNuisancewildanimalcontrol.JurisdictionEnds:4/20/2013RuleTitleCharacterandfitnessforCDLschools.DateofRefiledFiling:3/13/2013JurisdictionEnds:4/12/2013RuleNumberRuleTitleClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.PublicHearing:3/28/2013PublicHearing:3/28/2013PublicHearing:3/18/2013PublicHearing:7/19/2012JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page4•41812013FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW4/8/2013-1:30P.M.FINALAGENDAStatehouseHearingRoom121(WilliamMcKinleyRoom)AmendmentRefiledFilingYes Yes11OhioCasinoControlCommission•TotalRules:7OriginalFilingDate:2/14/2013RuleActionCSIFYRNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoAmendmentOriginalFilingYesNoNewRuleOriginalFilingYesNoAmendmentOriginalFilingYesNoAmendmentOriginalFilingYesNo12OhioEnvironmentalProtectionAgencJl•TotalRules:1OriginalFilingDate:2/11/2013RuleTvoeActionCSIEYEAmendmentRevisedFilingYesNo13QhiQPolice!lndFirePensiQnFund•TotalRules:1OriginalFilingDate:2/7/2013RuleTvoeActionCSIFYRRescissionOriginalFilingNoYes14StateBoardofSanitarianRegistration•TotalRules:1OriginalFilingDate:2/8/2013RuleActionCSIFYRAmendmentOriginalFilingYes Yes3773-2-03RuleNumber3772-3-063772-5-063772-8-063772-10-033772-10-293772-11-423772-13-02Femaleboxingrules.RuleIitlePassiveinvestor.JurisdictionEnds:4/20/2013Keyemployeelicensetemporarycredential.PublicHearing:3/21/2013Casinogamingemployeelicensetemporarycredential.Casinooperatororcasinooperatorapplicant'sorganization.Slotmachinetournaments.Pokerroom;banksandtransactions.Advertising;promotionofresponsiblegaming.DateofRevisedFiling:2/11/2013JurisdictionEnds:4/17/2013PublicHearing:3/19/2013RuleNumber3745-21-09RuleNumber742-1-01RuleNumber4736-9-01RuleTitleControlofemissionsofvolatileorganiccompoundsfromstationarysourcesandperchloroethylenefromdrycleaningfacilities.JurisdictionEnds:4/13/2013PublicHearing:RuleTitleContinuationofmembershipforpart-timeandvolunteeremployeesaftertransferofassets.JurisdictionEnds:4/14/2013PublicHearing:3/20/2013RuleTitleProceduresandinformation:examination.15StateTeachersRetirementS)lstem•DefinedBenefitsTotalRules:1OriginalFilingDate:2/15/2013RuleActionCSIFYRAmendmentOriginalFilingNoNoRuleNumber3307:1-4-01JurisdictionEnds:4/21/2013PublicHearing:RuleTitleCompensationincludibleinthedeterminationoffinalaveragesalary.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•wwwJcarr.state.oh.us•Page5•4/8/2013FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW4/8/2013-1:30P.M.StatehouseHearingRoom121(WilliamMcKinleyRoom)ToBeRefiled16DepartmentofNaturalResources•DivisionofWildlifeTotalRules:1OriginalFilingDate:2/4/2013DateofToBeRefiled:4/3/2013JurisdictionEnds:RuleTypeActionCSIFYRRuleNumberRuleTitleFINALAGENDAPublicHearing:3/7/2013AmendmentToBeRefiledNoYes1501:31-3-04ProhibitedplacesandtimesforusingnetsinlakeErie.TotalRules:1OriginalFilingDate:2/4/2013DateofToBeRefiled:4/8/2013JurisdictionEnds:PublicHearing:3/7/2013RuleTypeActionCSIFYRAmendmentToBeRefiledNoYesRuleNumber1501:31-15-11RuleTitleDeerregulations.Withdrawn17BoardofSpeech-LanauagePathologyandAudiology•TotalRules:1OriginalFilingDate:3/28/2013RuleTypeAction1&1FYRNewRuleWithdrawnFilingYesNo18DepartmentofHealth•TotalRules:1OriginalFilingDate:1/8/2013RuleTypeActionCSIFYRAmendmentWithdrawnFilingYesYesDateofWithdrawnFiling:3/29/2013JurisdictionEnds:RuleNumber4753-2-01RuleTitleTelehealthCommunication.DateofWithdrawnFiling:3/29/2013JurisdictionEnds:RuleNumber3701-17-08RuleTitlePersonnelrequirements.19DepartmentofJobandFamilyServices·DivisionofFoodStampsTotalRules:1OriginalFilingDate:6/22/2012DateofWithdrawnFiling:4/4/2013JurisdictionEnds:RuleTypeActionCSIFYRRuleTitlePublicHearing:5/8/2013PublicHearing:2/12/2013PublicHearing:7/26/2012AmendmentWithdrawnFilingNo NoRuleNumber5101:4-3-09Foodassistance:Ohioworksfirstassistancegroups.20DepartmentofJobandFamilyServices•DivisionofPublicAssistanceTotalRules:3RuleTypeRescissionNewRuleNewRuleOriginalFilingDate:6/22/2012ActionCSIFYRWithdrawnFilingNoYesWithdrawnFilingNo NoWithdrawnFilingNoNoDateofWithdrawnFiling:4/4/2013JurisdictionEnds:RuleTitleOhioworksfirst(OWE):three-tiersanctions.Ohioworksfirst:three-tiersanctions.PublicHearing:7/26/2012RuleNumber5101:1-3-155101:1-3-155101:1-3-15.1TransitionofOhioworksfirst(OWE)sanctionedassistancegroupsandClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebs!te.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.ohus•Page6•41812013FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW4/8/2013-1:30P.M.StatehouseHearingRoom121(WilliamMcKinleyRoom)compliance.21DepartmentofRehabilitationandCorrection•TotalRules:2OriginalFilingDate:4/2/2013DateofWithdrawnFiling:4/2/2013JurisdictionEnds:RuleTypeAction.QSlEYERuleTitleFINALAGENDAPublicHearing:5/7/2013AmendmentWithdrawnFilingNewRuleWithdrawnFilingNoYesNo NoRuleNumber5120-5-035120-9-39Courtorderforpaymentoffundsfrominmate'saccount.Restorationofvotingrightsforindividualsconvictedofcrimes.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page7•41812013

# Article 

# Ill

Attachment D

Final Adoption Notice to LSC

Director and Secretary of StateElectronicRuTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission77SouthHighSt,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourseLevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyfinalfiledthefollowingrule(s)pursuanttosection119.04oftheOhioRevisedCode.PackageNumber:FileDateandTime:ConfirmationNumber:FINAlFILERuleNumberType10169704/19/201310:03AM16dc10cf3146a8a3bca19257bd40c3FYRCSIJEDateEffDate3745-21-09AmendmentNy04/17/2013 04/29/2013Page1NextFYRTaglineControlofemissionsofvolatileorganiccompoundsfromstationarysourcesandperchloroethylenefromdrycleaningfacilities.flectroniRuleTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorlegislativeServiceCommission77SouthHighSt.,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourselevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyfinalfiledthefollowingrule(s)pursuanttosection119.04oftheOhioRevisedCode.PackageNumber:FileDateandTime:ConfirmationNumber:FINALFILERuleNumberType11283701/07/201401:09PM6146c1c7434d160a33763f5cce6d4FYRCSIJEDateEffDate3745-21-09AmendmentNy01/01/201401/17/2014Page1NextFYRTaglineControlofemissionsofvolatileorganiccompoundsfromstationarysourcesandperchloroethylenefromdrycleaningfacilities.

# Article IV

Hearing TranscriptsBEFORE 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 224-57242

1 P R 0 C E E D I N G S

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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) 345-85563

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.

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8 Thereupon, at 11:00 a.m. on Tuesday,

9 March 19, 2013, the hearing was adjourned.

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FRALEY, COOPER & ASSOCIATES

(614) 228-0018 (800) 852-6163 (740) 345-85564

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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) 345-85561 BEFORE THE OHIO ENVIRONMENTAL PROTECTION AGENCY

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4 OHIO ADMINISTRATIVE CODE

RULE 3745-21-09, "CONTROL

5 OF EMISSIONS OF VOLATILE

ORGANIC COMPOUNDS FROM

6 STATIONARY SOURCES."

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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.

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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 1P R 0 C E E D I N G S 1

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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 21 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 31 11:08 and this hearing is adjourned.

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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.

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# 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.

Q 511 

### 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.

Q 0 

### 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;us
11 

### 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 delta

1 

### )(GC;)(EF)

Where:

increment; and delta; are calculated in Equations 1 and 2 above of the U.S. EPA

guidance, respectively.

GC

1 

### 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 bl 2 C a e



## - ounty 

### VOCE

.. miSSIOnS 

### D . 0 urmg 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 CalculationsAnnualState-wideGasolineThroughputandGrowthFactorsGasolineYearThroughputSourceGrowthFactors20075,098,793,739Reported2007to20080.98320085,011,225,903Reported2008to20090.98720094,947,371,191Reported2009to20101.00520104,970,761,774Reported2010to20111.00420114,988,781,906ReportedAverage0.99520124,961,888,065Estimated20134,935,139,205Estimated20144,908,534,544Estimated20154,882,073,306Estimated20164,855,754,716Estimated20174,829,578,007EstimatedVehicleMilesTraveled(VMT)GrowthFactors!stageIICountiesButlerClarkCountykDVMTfromODOTAnnualYear-to-YearChange2006T2007120081200912010120112006-712007-812008-912009-102010-112,9602,927 2,8462,8632,9572,7510.98910.97231,0058-'---1.03290.93050.986176,8206,9226,7647,0317,0786,9851.01490.97721.03961.00670.98681.0050234,475 4,4784,2814,3324,452 4,4691.00060.95601.01201.02771.00381.0000254,1414,1074,0104,0954,1804,3320.99190.97641.02111.02081.03641.00933528,74428,65327,80328,55928,96728,9070.99680.97041.02721.01430.99791.0013552,1182,0922,0172,0732,1492,1170.98750.96411.02811.03640.98525714,2814,2194,2024,274 4,3754,6820.98540.99591.01711.02371.07031.018521,00720,72220,24920,82721,24422,4370.98640.97721.02861.02011.05611.0137Lake855,9805,8975,7845,8776,0175,9180.98610.98091.01611.02380.98360.9981Lorain936,5146,4616,464 6,5796,6826,9400.99171.00061.01771.0157.1.03871.0129Medina1034,2904,325 4,1974,425 4,579 4,5141.00820.97031.05451.03470.98581.0107Miami1093,1113,0722,9883,0073,0553,0760.98760.97271.00621.01611.00691!EntireState11314,54114,34614,03114,128 14,26614,3710.98660.97801.00701.00971.00741334,6454,6594,5234,5994,7634,7051.00320.97071.017015315,549 15,36714,98915,56415,78215,5070.98830.97541.038:1651.03551.01401.0303"""li2460.99411.002).9991.651OzoneSeasonGasolineConsumption-2010TotalAnnualTotalCountyTotalAnnualGasoline%ofGasolineCountyCountyVMT-VMT(duringGasolineUsed-throughputConsumedinOzoneSeason2010ozoneseason-(DuringOzoneOzoneSeasonRVP5/1-9/30)2010Season)Ashtabula1,011,203,389429,368,40947,265,34620,069,40142.46%9.7Butler2,420,605,9431,060,495,272113,143,19049,569,33143.81%8.8Clark1,522,481,966687,713,23371,163,36632,144,87245.17%8.8Clermont1,429,552,071654,969,63266,819,66630,614,38145.82%8.8Cuyahoga9,906,055,3584,442,713,221463,025,675207,659,88244.85%9.7Geauga734,872,544325,718,03834,349,17815,224,60844.32%9.7Greene1,496,074,200707,499,62669,929,02233,069,72147.29%8.8Hamilton7,265,189,7623,377,646,997339,587,179157,876,89746.49%8.8Lake2,057,671,850912,505,22096,179,04042,652,02744.35%9.7Lorain2,285,037,8661,054,450,906106,806,51049,286,80746.15%9.7Medina1,565,804,110687,261,93573,188,31532,123,77843.89%9.7Miami1,044,830,373473,422,31648,837,12822,128,55545.31%8.8.Montgomery4,878,528,8452,216,600,323228,030,637103,607,62445.44%8.8.Portage1,628,711,500722,051,38976,128,71333,749,89544.33%9.7Summit5,397,183,9512,387,055,354252,273,448111,574,97944.23%9.7Warren1,611,202,077713,825,86075,310,29333,365,42044.30%8.8Total16Counties46,255,005,80420,85},297,728.2,162,036,705974,718,18145.08%OzoneSeasonGasolineConsumption-2011TotalAnnualTotalCountyTotalAnnualGasoline%ofGasolineCountyCountyVMT-VMT(duringGasolineUsed-throughputConsumedinRVP2011ozoneseason2011(DuringOzoneOzoneSeasonS/1-9/30)Season)Ashtabula940,905,790423,407,60644,832,24920,174,51245.00%9.7Butler2,388,579,4301,065,807,550113,810,95750,783,56544.62%8.8Clark1,528,275,123687,723,80572,819,20532,768,64245.00%8.8Clermont1,481,540,010661,077,67270,592,37231,499,00844.62%8.8Cuyahoga9,885,669,8754,448,551,444471,032,087211,964,43945.00%9.7Geauga724,018,070325,808,13134,497,99015,524,09645.00%9.7Greene1,601,294,890720,582,70076,298,44834,334,30245.00%8.8Hamilton7,673,118,2853,423,820,575365,608,498163,138,09544.62%8.8Lake2,023,880,715910,746,32296,433,80543,395,21245.00%9.7Lorain2,373,374,9581,068,018,731113,086,49550,888,92345.00%9.7Medina1,543,575,350694,608,90773,548,23033,096,70345.00%9.7Miami1,052,049,590472,421,82450,128,02622,509,94044.90%8.8Montgomery4,914,590,7332,211,565,830234,170,264105,376,61945.00%8.8Portage1,609,136,512724,111,43176,672,08634,502,43945.00%9.7Summit5,303,118,6792,386,403,405252,682,832113,707,27445.00%9.7Warren1,601,681,328714,685,90576,316,86134,053,33144.62%8.8Total16Counties46,644,809,339..20,939,}41,8382,222,530,405997,717,10044.89%.OzoneSeasonGasolineConsumption-2012TotalAnnualTotalCountyTotalAnnualGasoline%ofGasolineCountyCountyVMTVMT(duringGasolineUsed-throughputConsumedinRVP2012ozoneseason-2012(DuringOzoneOzoneSeason5/1-9/30)Season)Ashtabula927,843,455417,529,55543,967,37719,785,31945.00%9.7Butler2,400,544,4041,071,146,438113,753,71550,758,02244.62%8.8Clark1,528,298,619687,734,37872,420,92532,589,41645.00%8.8Clermont1,495,356,385667,242,67370,859,90331,618,38344.62%8.8Cuyahoga9,898,660,7524,454,397,338469,064,197211,078,88945.00%9.7Geauga724,218,333325,898,25034,318,26815,443,22145.00%9.7Greene1,630,906,016733,907,70777,283,14434,777,41545.00%8.8Hamilton7,778,012,4103,470,625,362368,573,814164,461,24844.62%8.8Lake2,019,979,588908,990,81495,720,03043,074,01345.00%9.7Lorain2,403,913,6361,081,761,136113,913,37151,261,01745.00%9.7Medina1,560,076,491702,034,42173,926,77133,267,04745.00%9.7Miami1,049,826,275471,423,44649,747,73222,339,16944.90%8.8Montgomery4,903,428,3812,206,542,771232,356,957104,560,63145.00%8.8Portage1,613,727,443726,177,34976,469,10934,411,09945.00%9.7Summit5,301,670,3002,385,751,635251,228,301113,052,73545.00%9.7Warren1,603,611,096715,546,98675,989,72933,907,36244.62%8.8Total16Counties46,840,073,58l21,026,710,2622,219,593,342_996,384,98744.89%-·OzoneSeasonGasolineConsumption-2013TotalAnnualTotalCountyTotalAnnualGasoline%ofGasolineCountyCountyVMT-VMT(duringGasolineUsed-throughputConsumedinRVP2013ozoneseason2013(DuringOzoneOzoneSeason5/1-9/30)Season)Ashtabula914,962,461411,733,10743,114,91919,401,71445.00%9.7Butler2,412,569,3131,076,512,071113,685,24450,727,47044.62%8.8Clark1,528,322,115687,744,95272,017,69132,407,96145.00%8.8Clermont1,509,301,606673,465,16871,121,40631,735,06844.62%8.8Cuyahoga9,911,668,7014,460,250,915467,058,280210,176,22645.00%9.7Geauga724,418,652325,988,39334,136,10215,361,24645.00%9.7Greene1,661,064,710747,479,12078,272,79635,222,75845.00%8.8Hamilton7,884,340,4743,518,069,986371,526,391 165,778,71744.62%8.8Lake2,016,085,980907,238,69195,002,13142,750,95945.00%9.7Lorain2,434,845,2611,095,680,368114,734,93351,630,72045.00%9.7Medina1,576,754,032709,539,31574,299,90333,434,95745.00%9.7Miami1,047,607,659470,427,17949,365,43422,167,49944.90%8.8Montgomery4,892,291,3812,201,531,121230,534,864103,740,68945.00%8.8Portage1,618,331,472728,249,16276,259,11834,316,60345.00%9.7Summit5,300,222,3162,385,100,042249,757,412112,390,83545.00%9.7Warren1,605,543,188716,409,10575,656,50833,758,67544.62%8.8Total16Counties47,038,329,32121,115,418,6952,216,543,133995,002,09744.89%OzoneSeasonGasolineConsumption-2014TotalAnnualTotalCountyTotalAnnualGasoline%ofGasolineCountyCountyVMT-VMT(duringGasolineUsed-throughputConsumedinRVPozoneseason-(DuringOzoneOzoneSeason2014S/1-9/30)2014Season)Ashtabula902,260,290406,017,13042,274,81119,023,66545.00%9.7Butler2,424,654,4581,081,904,581113,605,58650,691,92644.62%8.8Clark1,528,345,611687,755,52571,609,62632,224,33245.00%8.8Clermont1,523,376,876679,745,69171,376,81931,849,03644.62%8.8Cuyahoga9,924,693,7434,466,112,184465,014,980209,256,74145.00%9.7Geauga724,619,026326,078,56133,951,547 15,278,19645.00%9.7Greene1,691,781,099761,301,49579,267,28835,670,27945.00%8.8Hamilton7,992,122,0783,566,163,194374,465,609167,090,22544.62%8.8Lake2,012,199,877905,489,94594,280,29842,426,13445.00%9.7Lorain2,466,174,8901,109,778,700115,550,99851,997,94945.00%9.7Medina1,593,609,860717,124,43774,667,53933,600,39345.00%9.7Miami1,045,393,731469,433,01748,981,23421,994,97444.90%8.8Montgomery4,881,179,6762,196,530,854228,704,454102,917,00545.00%8.8Portage1,622,948,636730,326,88676,042,18834,218,98545.00%9.7Summit5,298,774,7292,384,448,628248,270,595111,721,76845.00%9.7Warren1,607,477,609717,272,26275,317,30333,607,31944.62%8.8Total16Counties47,239,612,18921,205,483,0922,213,380,874993,568,92544.89%OzoneSeasonGasolineConsumption-2015TotalAnnualTotalCountyTotalAnnualGasoline%ofGasolineCountyCountyVMT-VMT(duringGasolineUsed-throughputConsumedinRVP2015ozoneseason-(DuringOzoneOzoneSeason5/1-9/30)2015Season)Ashtabula889,734,460400,380,50741,446,98318,651,14245.00%9.7Butler2,436,800,1401,087,324,103113,514,78250,651,40844.62%8.8Clark1,528,369,108687,766,09971,196,84732,038,58145.00%8.8Clermont1,537,583,408686,084,78571,626,08231,960,26044.62%8.8Cuyahoga9,937,735,9024,471,981,156462,934,940208,320,72345.00%9.7Geauga724,819,455326,168,75533,764,65815,194,09645.00%9.7Greene1,723,065,495775,379,47380,266,49436,119,92245.00%8.8Hamilton8,101,377,0933,614,913,853377,390,842168,395,49244.62%8.8Lake2,008,321,265903,744,56993,554,71842,099,62345.00%9.7Lorain2,497,907,6421,124,058,439116,361,38652,362,62445.00%9.7Medina1,610,645,881724,790,64675,029,59033,763,31645.00%9.7Miami1,043,184,482468,440,95648,595,22821,821,63944.90%8.8Montgomery4,870,093,2092,191,541,944226,866,193102,089,78745.00%8.8Portage1,627,578,973732,410,53875,818,39434,118,27745.00%9.7Summit5,297,327,5362,383,797,391246,768,281111,045,72645.00%9.7Warren1,609,414,360718,136,46074,972,22233,453,34044.62%8.8Total16Counties47,443,958,41021,296,919,6732,210,107,640992,085,95744.89%OzoneSeasonGasolineConsumption-2016TotalAnnualTotalCountyTotalAnnualGasoline%ofGasolineCountyCountyVMT-VMT(duringGasolineUsed-throughputConsumedinRVP2016ozoneseason-(DuringOzone5/1-9/30}2016Season)OzoneSeasonAshtabula877,382,522394,822,13540,631,36218,284,11345.00%9.7Butler2,449,006,6631,092,770,773113,412,87950,605,93844.62%8.8Clark1,528,392,605687,776,67270,779,47531,850,76445.00%8.8Clermont1,551,922,425692,482,99571,869,13532,068,71244.62%8.8Cuyahoga9,950,795,2004,477,857,840460,818,807207,368,46345.00%9.7Geauga725,019,940326,258,97333,575,49015,108,97045.00%9.7Greene1,754,928,402789,717,78181,270,29036,571,63145.00%8.8Hamilton8,212,125,6623,664,330,949380,301,460169,694,23944.62%8.8Lake2,004,450,129902,002,55892,825,57841,771,51045.00%9.7Lorain2,530,048,7071,138,521,918117,165,91552,724,66245.00%9.7Medina1,627,864,020732,538,80975,385,97133,923,68745.00%9.7Miami1,040,979,902467,450,99148,207,51621,647,53744.90%8.8Montgomery4,859,031,9222,186,564,365225,020,538101,259,24245.00%8.8Portage1,632,222,521734,500,13575,587,81234,014,51545.00%9.7Summit5,295,880,7392,383,146,332245,250,896110,362,90345.00%9.7Warren1,611,353,445719,001,69874,621,37033,296,78744.62%8.8Total16Counties47,651,404,80221,389,744,9252,206,724,49344.89%OzoneSeasonGasolineConsumption-2017TotalAnnualTotalCountyTotalAnnualGasoline%ofGasolineCountyCountyVMT-VMT(duringGasolineUsed-throughputConsumedinRVP2017ozoneseason-2017(DuringOzoneOzoneSeason5/1-9/30)Season)Ashtabula865,202,063389,340,92839,827,87517,922,54445.00%9.7Butler2,461,274,3311,098,244,727113,299,92150,555,53544.62%8.8Clark1,528,416,102687,787,24670,357,62831,660,93345.00%8.8Clermont1,566,395,164698,940,87372,105,91932,174,36844.62%8.8Cuyahoga9,963,871,6594,483,742,247458,667,227206,400,25245.00%9.7Geauga725,220,480326,349,21633,384,09815,022,84445.00%9.7Greene1,787,380,517804,321,23382,278,54537,025,34545.00%8.8Hamilton8,324,388,2003,714,423,594383,196,831170,986,18244.62%8.8Lake2,000,586,455900,263,90592,093,06141,441,87745.00%9.7Lorain2,562,603,3361,153,171,501117,964,40253,083,98145.00%9.7Medina1,645,266,224740,369,80175,736,59334,081,46745.00%9.7Miami1,038,779,981466,463,11947,818,19221,472,71244.90%8.8Montgomery4,847,995,7592,181,598,091223,167,946100,425,57645.00%8.8Portage1,636,879,317736,595,69375,350,51933,907,73345.00%9.7Summit5,294,434,3372,382,495,452243,718,867109,673,49045.00%9.7Warren1,613,294,865719,867,97974,264,85533,137,70644.62%8.8Total16Counties47,861,988,79121,483,975,6042,203,232,479988,972,54444.89%OzoneSeasonEmissions2010GCi(GasolineConsumption)as,lliusnOs11ValloRVRVMToRVRi0oRVRiT,RVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1(basedonthehigherCF1)delta1EmissionFactor=g/galEmissions(basedonincrement)(tons)Emissions(basedondelta)(tons)GCi(GasolineConsumption)as,fliuSIJOst!ValloRVRVMToRVRi0oRVRiT,RVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1{basedonthehigherCF1)de!ta1EmissionFactor=gjgalEmissions(basedonincrement}{tons)Emissions(basedondelta){tons)---------------Ashtabula20,069,4010.90.70.970.980.7160.69573.611.59.70.0550.0540.139-0.1044.19312.90-9.67lorain49,286,8070.90.70.970.980.7160.69573.611.59.70.0550.0540.139-0.1044.19331.68-23.74ButlerClark49,569,33132,144,8720.90.90.70.70.960.940.980.980.7160.7160.6950.69573.673.611.511.58.88.80.0550.0550.0540.0540.1400.141-0.104-0.1033.725 3.72528.4218.57-21.10-13.54MedinaMiami32,123,77822,128,5550.90.90.70.70.97 0.940.980.980.7160.7160.6950.69573.673.611.511.59.78.80.0550.0550.0540.0540.1390.141-0.104-0.1034.1933.72520.6512.78-15.47-9.32ClermontCuyahogaGeaugaGreeneHamiltonLake30,614,381207,659,88215,224,60833,069,721157,876,89742,652,0270.90.90.90.90.90.90.70.70.70.70.70.70.960.970.97 0.940.960.970.980.98 0.98 0.98 0.980.980.716 0.716 0.716 0.7160.7160.7160.6950.6950.695 0.6950.6950.69573.6 73.6 73.6 73.6 73.6 73.611.5 11.5 11.5 11.511.511.58.89.79.78.88.89.70.0550.0550.0550.0550.0550.0550.0540.0540.0540.0540.0540.0540.1400.1390.139 0.1410.1400.139-0.104-0.104-0.104-0.103-0.104-0.1043.7254.193 4.1933.7253.7254.19317.55133.479.7919.1190.5027.41-13.03-100.01-7.33-13.93-67.20 -20.54MontgomeryPortageSummitWarrenTotal103,607,62433,749,895111,574,97933,365,420974,718,1810.90.90.90.90.70.70.70.70.940.97 0.970.970.980.980.98 0.980.716 0.7160.7160.7160.695 0.695 0.6950.69573.6 73.6 73.673.611.511.511.5 11.58.89.79.78.80.0550.0550.0550.0550.0540.0540.0540.0540.141 0.1390.1390.1390.140-0.103-0.104-0.104-0.104-0.103.7254.193 4.1933.7253.97159.8621.6971.7119.05595.15-43.63-16.25-53.74-14.28-442.77OzoneSeasonEmissions2011GCi(GasolineConsumption)Q,;,fliuSIIOs11Vaf1oRVRVMToRVRiOaRVRiT,RVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1(basedonthehigherCF1)delta1EmissionFactor=g/galEmissions(basedonincrement)(tons)Emissions(basedondelta){tons)GCi(GasolineConsumption)o,;,fliuSIIOs11VafloRVRVMToRVRi0oRVRiT,RVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1(basedonthehigherCFJdelta1EmissionFactor=g/galEmissions(basedonincrement)(tons)Emissions(basedondelta)(tons)Ashtabula20,174,5120.90.70.970.980.760.73973.611.59.70.0580.0570.108-0.1514.19310.08-14.04Lorain50,888,9230.90.70.970.980.760.73973.611.59.70.0580.0570.108-0.1514.19325.42-35.42ButlerClarkClermont50.783,56532,768,64231,499,0080.90.90.90.70.70.70.960.940.960.980.980.980.760.760.760.7390.7390.73973.6 73.673.611.511.511.58.88.88.80.0580.0580.0580.0570.0570.0570.1090.1100.109-0.150-0.149-0.1503.725 3.7253.72522.6614.7814.05-31.28-20.03-19.40MedinaMiamiMontgomery33,096,70322,509,940105,376,6190.90.90.90.70.70.70.970.940.940.980.980.980.760.760.760.7390.7390.73973.6 73.673.611.511.511.59.78.88.80.0580.0580.0580.0570.0570.0570.1080.1100.110-0.151-0.149-0.1494.1933.7253.72516.5310.1547.52-23.04-13.76-64.40CuyahogaGeaugaGreeneHamiltonlake211,964,43915,524,09634,334,302163,138,09543,395,2120.90.90.90.90.90.70.70.70.70.70.970.970.940.960.970.980.980.980.980.980.760.760.760.760.760.7390.7390.7390.7390.73973.673.6 73.673.6 73.611.511.5 11.511.5 11.59.79.78.88.89.70.0580.0580.0580.0580.0580.0570.0570.0570.0570.0570.1080.1080.1100.1090.108-0.151-0.151-0.149-0.150-0.1514.1934.1933.725 3.7254.193105.887.7515.4872.7921.68-147.53-10.81-20.98-100.48-30.20PortageSummitWarrenTotal34,502.439113.707,27434,053,331997,717,1000.90.90.90.70.70.70.970.970.970.980.980.980.760.760.760.7390.7390.73973.6 73.673.611.511.511.59.79.78.80.0580.0580.0580.0570.0570.0570.1080.1080.1080.1086-0.151-0.151-0.151-0.1504.1934.1933.7253.97117.2456.8015.11473.92-24.01-79.14-21.06-655,59OzoneSeasonEmissions2012GCi(GasolineConsumption)Osii11iuSIIOs11vafloRVRVMToRVRiCloRVRiT,LITRVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement;(basedonthehigherCF1)delta1EmissionFactor=gjgalEmissions{basedonincrement)(tons)Emissions(basedondelta)(tons)GCi(GasolineConsumption)Osfffl;uSIIUs11VafloRVRVMToRVRi0oRVRiT,LITRVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1{basedonthehigherCF1)de!ta1EmissionFactor=g/galEmissions(basedonincrement)(tons)Emissions(basedondelta)(tons)Ashtabula19,785,3190.90.70.970.980.80.77773.611.59.70.0610.0600.081-0.1914.1937.42-17.45Lorain51,261,0170.90.70.970.980.80.77773.611.59.70.0610.0600.081-0.1914.19319.23-45.21ButlerClarkClermont50,758,02232,589,41631,618,3830.90.90.90.70.70.70.960.940.960.980.980.980.80.80.80.7770.7770.77773.6 73.673.611.511.511.58.88.88.80.0610.0610.0610.0600.0600.0600.0820.0830.082-0.190-0.189-0.1903.725 3.7253.72517.0411.1110.62-39.64-25.29-24.69MedinaMiamiMontgomery33,267,04722,339,169104,560,6310.90.90.90.70.70.70.970.940.940.980.980.980.80.80.80.7770.7770.77773.6 73.673.611.511.511.59.78.88.80.0610.0610.0610.0600.0600.0600.0810.0830.083-0.191-0.189-0.1894.1933.7253.72512.487.6135.64-29.34-17.33-81.13CuyahogaGeaugaGreeneHamiltonLake211,078,88915,443,22134,777,415164,461,24843,074,0130.90.90.90.90.90.70.70.70.70.70.970.970.940.960.970.980.980.980.980.980.80.80.80.80.80.7770.7770.7770.7770.77773.673.673.673.6 73.611.511.511.511.5 11.59.79.78.88.89.70.0610.0610.0610.0610.0610.0600.0600.0600.0600.0600.0810.0810.0830.0820.081-0.191-0.191-0.189-0.190-0.1914.193 4.1933.7253.7254.19379.195.7911.8555.2316.16-186.14-13.62-26.98-128.43-37.99PortageSummitWarrenTotal34,411,099113,052,73533,907,362996,384,9870.90.90.90.70.70.70.970.970.970.980.980.980.80.80.80.7770.7770.77773.673.673.611.5 11.511.59.79.78.80.0610.0610.0610.0600.0600.0600.0810.0810.0810.0817-0.191-0.191-0.191-0.1904.193 4.1933.7253.97012.9142.4111.30356.01-30.35-99.70-26.56-829.84OzoneSeasonEmissions2013GCi(GasolineConsumption)o,,il;usllOs11valloRVRVMToRVRi0oRVRiT,RVP(psi)CF;,basedonVMTCF1,basedongasolinedispensedincrement;(basedonthehigherCF;)delta;EmissionFactor=g(galEmissions(basedonincrement)(tons)Emissions(basedondelta)(tons)GCi(GasolineConsumption)Osu'liuSIIOsuvaI"JoRVRVMToRVRi0oRVRiT,RVP(psi)CF;,basedonVMTCF;,basedongasolinedispensedincrement;(basedonthehigherCF;)delta;EmissionFactor-g/galEmissions(basedonincrement)(tons)Emissions(basedondelta){tons)Ashtabula19,401,7140.90.70.970.980.8340.8173.611.59.70.0640.0630.058-0.2264.1935.19-20.24Lorain51,630,7200.90.70.970.980.8340.8173.611.59.70.0640.0630.058-0.2264.19313.81-53.85ButlerClarkClermont50,727,47032,407,96131,735,0680.90.90.90.70.70.70.960.940.960.980.980.980.8340.8340.8340.810.810.8173.673.673.611.511.511.58.88.88.80.0640.0640.0640.0630.0630.0630.0580.0600.058-0.225-0.224-0.2253.725 3.7253.72512.187.957.62-46.87-29.77-29.32Medina MiamiMontgomery33,434,95722,167,499103,740,6890.90.90.90.70.70.70.970.940.940.980.980.980.8340.8340.8340.810.810.8173.6 73.673.611.511.5 11.59.78.88.80.0640.0640.0640.0630.0630.0630.0580.0600.060-0.226-0.224-0.2244.1933.7253.7258.945.4425.46-34.87-20.37-95.31CuyahogaGeaugaGreeneHamiltonlake210,176,22615,361,24635,222,758165,778,71742,750,9590.90.90.90.90.90.70.70.70.70.70.970.970.940.960.970.980.980.980.980.980.8340.8340.8340.8340.8340.810.810.810.810.8173.673.673.673.673.611.5 11.511.511.511.59.79.78.88.89.70.0640.0640.0640.0640.0640.0630.0630.0630.0630.0630.0580.0580.0600.0580.058-0.226-0.226-0.224-0.225-0.2264.1934.1933.7253.7254.19356.204.118.6439.8211.43-219.22-16.02-32.36-153.18-44.59PortageSummitWarrenTotal34,316,603112,390,83533,758,675995,002,0970.90.90.90.70.70.70.970.970.970.980.980.980.8340.8340.8340.810.810.8173.6 73.673.611.5 11.511.59.79.78.80.0640.0640.0640.0630.0630.0630.0580.0580.0580.0584-0.226-0.226-0.226-0.2254.193 4.1933.7253.9709.1830.068.02254.06-35.79-117.22-31.28-980.27OzoneSeasonEmissions2014GCi(GasolineConsumption)OsufliuSIIOsiiVarJoRVRVMToRVRi0oRVRiT,LITRVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1{basedonthehigherCF1)de!ta1EmissionFactor=g/galEmissions(basedonincrement}(tons}Emissions(basedondelta)(tons}GCi(GasolineConsumption)Q,lliuSIIOs11Va'lORVRVMTORVRi0oRvRiT,LITRVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1(basedonthehigherCF1)delta1EmissionFactor=g/ga!Emissions(basedonincrement)(tons)Emissions(basedondelta)(tons)Ashtabula19,023,6650.90.70.970.980.8630.8473.611.59.70.0660.0650.037-0.2574.1933.24-22.62Lorain51,997,9490.90.70.970.980.8630.8473.611.59.70.0660.0650.037-0.2574.1938.85-61.82ButlerClarkClermont50,691,92632,224,33231,849,0360.90.90.90.70.70.70.960.940.960.980.980.980.8630.8630.8630.840.840.8473.6 73.673.611.511.511.58.88.88.80.0660.0660.0660.0650.0650.0650.0370.0390.037-0.257-0.255-0.2573.7253.7253.7257.805.134.90-53.40-33.77-33.55MedinaMiamiMontgomery33,600,39321,994,974102,917,0050.90.90.90.70.70.70.970.940.940.980.980.980.8630.8630.8630.840.840.8473.6 73.673.611.511.511.59.78.88.80.0660.0660.0660.0650.0650.0650.0370.0390.039-0.257-0.255-0.2554.1933.7253.7255.723.5016.39-39.95-23.05-107.86CuyahogaGeaugaGreeneHamiltonLake209,256,74115,278,19635,670,279167,090,22542,426,1340.90.90.90.90.90.70.70.70.70.70.970.970.940.960.970.980.980.980.980.980.8630.8630.8630.8630.8630.840.840.840.840.8473.6 73.673.673.6 73.611.5 11.511.511.5 11.59.79.78.88.89.70.0660.0660.0660.0660.0660.0650.0650.0650.0650.0650.0370.0370.0390.0370.037-0.257-0.257-0.255-0.257-0.2574.193 4.1933.7253.7254.19335.602.605.6825.707.22-248.77--18.16-37.38-176.02-50.44PortageSummitWarrenTotal34,218,985111,721,76833,607,319993,568,9250.90.90.90.70.70.70.970.970.970.980.980.980.8630.8630.8630.840.840.8473.6 73.673.611.511.511.59.79.78.80.0660.0660.0660.0650.0650.0650.0370.0370.0370.0374-0.257-0.257-0.257-0.2574.193 4.1933.7253.9695.8219.015.08162.23-40.68-132.82-35.49-1,115.79OzoneSeasonEmissions2015GCi(GasolineConsumption)o,,lliuSIIQIIValloRVRVMToRVRi0oRVRiT,LITRVP(psi)CF11basedonVMTCF1,basedongasolinedispensedincrement1(basedonthehigherCF1)delta1EmissionFactor=gjgalEmissions(basedonincrement)(tons)Emissions(basedondelta){tons)GCi(GasolineConsumption)QS\!J'liuSIIO.suvaflORVRVMToRVRiCloRVRiT,LITRVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1(basedonthehigherCF1)delta1EmissionFactor=g/galEmissions(basedonincrement)(tons)Emissions(basedondelta)(tons)Ashtabula18,651,1420.90.70.970.980.8880.86573.611.59.70.0680.0670.019-0.2844.1931.66-24.45lorain52,362,6240.90.70.970.980.8880.86573.611.59.70.0680.0670.019-0.2844.1934.65-68.63ButlerClarkClermont50,651,40832,038,58131,960,2600.90.90.90.70.70.70.960.940.960.980.980.980.8880.8880.8880.8650.8650.86573.6 73.673.611.511.511.58.88.88.80.0680.0680.0680.0670.0670.0670.0200.0210.020-0.283-0.282-0.2833.7253.7253.7254.132.792.61-58.84-37.04-37.12MedinaMiamiMontgomery33,763,31621,821,639102,089,7870.90.90.90.70.70.70.970.940.940.980.980.980.8880.8880.8880.8650.8650.86573.673.673.611.511.511.59.78.88.80.0680.0680.0680.0670.0670.0670.0190.0210.021-0.284-0.282-0.2824.1933.7253.7253.001.908.90-44.25 -25.23-118.02CuyahogaGeaugaGreeneHamiltonLake208,320,72315,194,09636,119,922168,395,49242,099,6230.90.90.90.90.90.70.70.70.70.70.970.970.940.960.970.980.980.980.980.980.8880.8880.8880.8880.8880.8650.8650.8650.8650.86573.6 73.673.673.673.611.5 11.511.5 11.5 11.59.79.78.88.89.70.0680.0680.0680.0680.0680.0670.0670.0670.0670.0670.0190.0190.0210.0200.019-0.284-0.284-0.282-0.283-0.2844.193 4.1933.7253.7254.19318.491.353.1513.753.74-273.04-19.91-41.75-195.61-55.18PortageSummitWarrenTotal34,118,277111,045,72633,453,340992,085,9570.90.90.90.70.70.70.970.970.970.980.980.980.8880.8880.8880.8650.8650.86573.6 73.673.611.511.511.59.79.78.80.0680.0680.0680.0670.0670.0670.0190.0190.0190.0198-0.284-0.284-0.284-0.2834.1934.1933.7253.9683.039.852.6485.63-44.72-145.54-38.95-1,228.27OzoneSeasonEmissions2016GCi{GasolineConsumption)0,1111iuS1lOsuvaflORVRVMToRvRi0oRVRiT,LITRVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1(basedonthehigherCFJdelta1EmissionFactor==g/galEmissions(basedonincrement)(tons)Emissions(basedondelta)(tons)GCi{GasolineConsumption)Os11fliuSIIOsuvalloRVRVMToRVRi0aRVRiT,LITRVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement1{basedonthehigherCF1)de!ta1EmissionFactor=g/galEmissions(basedonincrement)(tons)Emissions(basedondelta}{tons)··---------Ashtabula18,284,1130.90.70.970.980.9090.88673.611.59.70.0690.0690.004·0.3064.1930.37-25.84lorain52,724,6620.90.70.970.980.9090.88673.611.59.70.0690.0690.004-0.3064.1931.08-74.50ButlerClarkClermont50,605,93831,850,76432,068,7120.90.90.90.70.70.70.960.940.960.980.980.980.9090.9090.9090.8860.8860.88673.673.673.611.5 11.511.58.88.88.80.0690.0690.0690.0690.0690.0690.0050.0060.005·0.305-0.304-0.3053.7253.7253.7251.060.850.67·63.38-39.71-40.16MedinaMiamiMontgomery33,923,68721,647,537101,259,2420.90.90.90.70.70.70.970.940.940.980.980.980.9090.9090.9090.8860.8860.88673.6 73.673.611.5 11.5 11.59.78.88.80.0690.0690.0690.0690.0690.0690.0040.0060.006·0.306·0.304·0.3044.1933.7253.7250.690.582.70-47.93·26.99·126.24CuyahogaGeaugaGreeneHamiltonLake207,368,46315,108,97036,571,631169,694,23941,771,5100.90.90.90.90.90.70.70.70.70.70.970.970.940.960.970.980.980.980.980.980.9090.9090.9090.9090.9090.8860.8860.8860.8860.88673.6 73.673.673.673.611.511.511.511.5 11.59.79.78.88.89.70.0690.0690.0690.0690.0690.0690.0690.0690.0690.0690.0040.0040.0060.0050.004·0.306-0.306-0.304·0.305·0.3064.193 4.1933.725 3.7254.1934.230.310.983.560.85-293.01-21.35·45.59-212.53-59.02PortageSummitWarrenTotal34,014,515110,362,90333,296,787990,553,6720.90.90.90.70.70.70.970.970.970.980.980.980.9090.9090.9090.8860.8860.88673.6 73.673.611.511.511.59.79.78.80.0690.0690.0690.0690.0690.0690.0040.0040.0040.0050·0.306-0.306-0.306·0.3054.193 4.1933.7253.9680.692.250.6021.47-48.06-155.94·41.80·1,322.05OzoneSeasonEmissions2017GCi(GasolineConsumption)Osull;usHOsuvalloRVRVMToRVRi0oRVRiT,6TRVP(psi)CF;,basedonVMTCF;,basedongasolinedispensedincrement1(basedonthehigherCF1)delta;EmissionFactor=g/galEmissions(basedonincrement)(tons)Emissions(basedondelta)(tons)GCi(GasolineConsumption)Clsii'liuSIIG.s11ValloRVRVMToRVRi0oRVRiT,6TRVP(psi)CF1,basedonVMTCF1,basedongasolinedispensedincrement;(basedonthehigherCF1)de!ta1EmissionFactor=g/galEmissions(basedonincrement)(tons)Emissions(basedondelta)(tons)Ashtabula17,922,5440.90.70.970.980.9250.90373.611.59.70.0710.070-0.007-0.3244.193-0.62-26.80Lorain53,083,9810.90.70.970.980.9250.90373.611.59.70.0710.070-0.007-0.3244.193-1.84-79.39ButlerClarkClermont50,555,53531,660,93332,174,3680.90.90.90.70.70.70.960.940.960.980.980.980.9250.9250.9250.9030.9030.90373.6 73.673.611.511.511.58.88.88.80.0710.0710.0710.0700.0700.070-0.007-0.005-0.007-0.323-0.321-0.3233.725 3.7253.725-1.41-0.70-0.90-67.02-41.79-42.65MedinaMiamiMontgomery34,081,46721,472,712100,425,5760.90.90.90.70.70.70.970.940.940.980.980.980.9250.9250.9250.9030.9030.90373.6 73.673.611.511.511.59.78.88.80.0710.0710.0710.0700.0700.070-0.007-0.005-0.005-0.324-0.321-0.3214.1933.7253.725-1.18-0.47-2.21-50.97-28.34-132.55CuyahogaGeaugaGreeneHamiltonLake206,400,25215,022,84437,025,345170,986,18241,441,8770.90.90.90.90.90.70.70.70.70.70.970.970.940.960.970.980.980.980.980.980.9250.9250.9250.9250.9250.9030.9030.9030.9030.90373.6 73.673.673.673.611.511.511.511.511.59.79.78.88.89.70.0710.0710.0710.0710.0710.0700.0700.0700.0700.070-0.007-0.007-0.005-0.007-0.007-0.324-0.324-0.321-0.323-0.3244.193 4.1933.7253.7254.193-7.14·0.52-0.82-4.76-1.43-308.67-22.47-48.87-226.67-61.98PortageSummitWarrenTotal33,907,733109,673,49033,137,706988,972,5440.90.90.90.70.70.70.970.970.970.980.980.980.9250.9250.9250.9030.9030.90373.6 73.673.611.511.511.59.79.78.80.0710.0710.0710.0700.0700.070-0.007-0.007-0.007-0.0069-0.324-0.324-0.324-0.3234.1934.1933.7253.967-1.17 -3.79-1.02-29.97-50.71-164.01-44.03-1,396.90OzoneSeasonEmissions-SummaryincrementdeltaEmissions(increment)(tons)Emissions(delta)(tons)20100.1395-0.1037595-4431,0002500g0-500-1,000ii-1,500Emissions(increment)(tons)Emissions{delta)(tons)201120120.10860.0817-0.1501-0.1903474356-656-83020102011595474-443·65620130.0584-0.2251254-980Year2012356-83020142015201620170.03740.01980.0050-0.0069-0.2566-0.2830-0.3051-0.32291628621-30-1,116-1,228-1,322-1,397·1,397201320142015201620172541628621-30-980·1,116-1,228-1,322 -1,397OzoneSeasonEmissionsbyCounty-Summary(increment)OzoneSeasonEmissionsbyCounty,basedonincrement(tons)YearAshtabulaButlerClarkClermontCuyahogaGeaugaGreeneHamiltonC.kelorainMedinaMiamiMontgomeryPortageSummitWarrenTotal201012.9028.4218.5717.55133.479.7919.1190.5027.4131.6820.6512.7859.8621.6971.7119.05595.15201110.0822.6614.7814.05105.887.7515.4872.7921.6825.4216.5310.1547.5217.2456.8015.11473.9220127.4217.0411.1110.6279.195.79 11.85552316.16 19.23 12.487.6135.6412.9142.4111.30356.0120135.1912.187.957.6256.204.118.6439.8211.4313.818.945.4425.469.1830.068.02254.0620143.247.805.134.9035.602.605.6825.707.228.855.723.5016.395.8219.015.08162.2320151.664.132.792.6118.491.353.1513.753.744.653.001.908.903.039.852.6485.6320160.371.060.850.674.230.310.983.560.851.080.690.582.700.692.250.6021.472017-0.62-1.41-0.70-0.90-7.14-0.52-0.82-4.76-1.43-1.84-1.18-0.47-2.21-1.17-3.791.02-29.97--Butler100.00Clark--clermont80.00-·-·-·-.········""..,-·--·--Greene--Hamilton"'''60.00------lorainMedina·MiamiMontgomery40.00-----.:,.PortageSummitWarren...___20.000.002010201120122013201420152016-20.00OzoneSeasonEmissionsandlowPermeationHoseEmissionReductionsAssumptionsCost($/unit)No.ofunits/GDFNo.ofGDFs(average)LowPermeationHoses125101907ConventionalHoses70101907OzoneSeasonOzoneSeasonOzoneSeasonOzoneSeasonOzoneSeason20132014201520162017VSTestimatesforVOCreductionsperlowpermeationhose4.54.54.54.54.5(lbs/timeperiod/hose)VOCreductionneeded(tons)254.06162.2385.6321.47-30.0Gasolinethroughput995,002,097993,568,925992,085,957990,553,672988,972,544ReductionsAchievedthroughLow42.9142.91PermeationHoses(tons)42.9142.9142.91ReductionsAchievedthrough0.000.00ConventionalHoses(tons)0.000.000.00TotalcostforallGDFsusinglow$2,383,750$2,383,750$2,383,750$2,383,750$2,383,750permeationhoses($)TotalcostforallGDFsusing$1,334,900$1,334,900$1,334,900$1,334,900$1,334,900conventionalhoses($)Totalannualizedcost/GDF(for$500.00$500.00$500.00$500.00$500.00lowpermeationhoses)($/GDF)Totalannualizedcost/GDF(for$280$280$280$280$280conventionalhoses)($/GDF)USEPA'sAnnualStageIICostEstimate(testingand$3,000$3,000$3,000$3,000$3,000maintenance)$/GDF/yearNetCost($/GDF/Year)(goingfromconventionaltolow-$2,720-$2,720-$2,720-$2,720-$2,720per111eationhoses)--OzoneSeasonEmissionscomparedtoTotalTypicalSummerDayEmissionsClevelandAreaEmissionReductionsEmissionsBasedTypicalEmissionsBasedEmissionsBasedfromLowPermeationonincrementMinusSummerDayonincrementYearonincrementHosesLowPermeationHosesEmissions*PercentofTypical(tons/season)(tons/season)(tons/season)(tons/day) (tons/day)SummerDay(%)2013138.9121.42117.490.77367.170.21201488.0421.4266.620.440.12201545.7521.4224.330.160.043201610.4721.42-10.95-0.072-0.0192017-17.7021.42-39.12-0.26-0.070CincinnatiAreaEmissionReductionsEmissionsBasedTypicalEmissionsBasedEmissionsBasedfromLowPermeationonincrementMinusSummerDayonincrementYearonincrementHosesLowPermeationHosesEmissions*PercentofTypical(tons/season)(tons/season)(tons/season)(tons/day) (tons/day)SummerDay(%)201367.6413.5954.050.35147.050.24201443.4813.5929.890.200.13201523.1313.599.540.0620.04220165.9013.59-7.69-0.050-0.0342017-8.0813.59-21.67-0.14-0.096DaytonAreaEmissionReductionsEmissionsBasedTypicalEmissionsBasedEmissionsBasedfromLowPermeationonincrementMinusSummerDayonincrementYearonincrementHosesLowPermeationHosesEmissions*PercentofTypical(tons/season)(tons/season)(tons/season)(tons/day)(tons/day)SummerDay(%)201347.507.9039.600.2699.660.26201430.717.9022.810.150.15201516.757.908.850.0580.05820165.107.90-2.79-0.018-0.018-4.207.90-12.09-0.079-0.079--·-*Typicalsummerdayin2008fortheClevelandandCincinnatiareas(Table1,StateImplementationPlan,2008Eight-HourOzoneNationalAmbientAirQuality,StandardEmissionsInventory&EmissionsStatement,July2014),and2002fortheDaytonarea(Table7,RequestforRedesignationandMaintenancePlanforOzoneAttainmentintheEight-HourOzoneBasicNonattainmentArea,Dayton-Springfield,OH[1997Eight-HourOzoneStandard],November2006).NumberofGasolineDispensingFacilities(GDFs)CountyNumberofGDFsAshtabula34Butler136Clark56Clermont90Cuyahoga413Geauga34Greene51Hamilton295Lake75Lorain104Medina60Miami41Montgomery203Portage49Summit183Warren83Total1907InformationobtainedfromOhioEPADistrictOfficesandLocalAirAgenciesTd-MonthlyAverageDispensedGasolineTemperatureMonthTdJanuary43February45March48April53May66June74July78August78September72October66November59December46AverageforMaytoSeptemberozoneseason:73.6Vehicle"'"' 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# :, 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

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## o.o9io 0.0940 0.0920 0.08601 909,481, 1.0013 4,442, 713,.

## 326,168~ 2471

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## ~ ),0910 0.0940 0.0920 ).08601 6: .989,5: 1.0003

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## ~ 147,319,130 1.0185 733,907,70: 747,479.12C 

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## 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 

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Miami JC O.OR70 0.001f 0.0940 0.0920 .08601 472,421,8241 0.9979 472.421.824

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