{

(

Appendix D

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," outlines the requirements Ohio EPA must follow during the rulemaking process (see Attachment A ofthis Appendix). Ohio EPA fully complied with the

requirements ofthis law, and evidence that the major requirements ofthe law were met is

provided in the sections 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. As can be viewed by the Public Hearing notice

(see Attachment F ofthis Appendix), the Public Hearing notice was placed in the

Ohio Register on September 12, 2007. Ohio EPA held a public hearing on

October 19, 2007. This hearing were held 57 days after the notice was placed in

the register. The ORC 119.03 requirements for public notice contents were met as

evidenced by comparing the public notice and ORC 119.03 (A)(1)-(4). In addition

to the Register of Ohio, Ohio EPA also placed an advertisement in the major

newspapers throughout the State (see Attachment C ofthis Appendix).

(

2. ORC 119.03(B): The required materials must be filed with the secretary of state

and the director ofthe 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 D ofthis Appendix.

Ohio EPA also complied with all requirements for incorporated materials as can

be evidenced by the "Incorporation by Reference" section at the end of Ohio

Administrative Code ("OAC") rule 3745-17-01 and the answers to questions eight

and nine of each of the Rule Summary and Fiscal Analysis (RSFA) documents.

Each rule's RSFAs are included in Attachment E ofthis Appendix.

3. ORC 119.03(C): Conduct public hearings as advertised.

Ohio EPA conducted the public hearing identified in the Public Hearing notice. A

copy ofthe hearing transcript is included in Appendix E.

(

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 rules.

The Joint Committee on Agency Rule Review (JCARR) oversees agency rule

making in Ohio. A hearing was held with JCARR on November 13, 2007 where

these rules were placed on the consent agenda as item 22 (see Appendix E). No

testimony, questions or invalidation of the rules occurred during this hearing.
(

JCARR jurisdiction expired on November 16,2007 as evidenced by the JCARR

consent agenda.

Ohio EPA issued the order to adopt the rules on January 22, 2008 as evidenced by

the Director's Findings & Orders and the Public Notice (see Appendix B). The

Secretary of the State and Director of the LSC once again received a letter of

notice (see Attachment G ofthis Appendix).

5. ORC 119.03(E): Provide notice to public prior to effective date ofrules.

Ohio EPA provided an update of the adoption ofthe rules through the Ohio EPA

website and through an e-mail notice to all interested parties on January 22,2008

(see Attachment H ofthis Appendix).

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 (see Attachment B of this Appendix).

Ohio EPA fully complied with the requirements of this law, and evidence that the major

requirements ofthe law were met is provided in the sections below:

(

1. ORC 121.39(B): 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 State's

electronic rule filing system (see Attachment E of this Appendix). 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 each rule, Ohio EPA stated

the adoption of these rules, 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, which 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 April 11, 2007, Ohio EPA notified interested parties via e-mail (see

Attachment I ofthis Appendix) ofthe draft rule language, including a synopsis of

the changes. We provided a 30-day comment period (record closed on May 11,

2007). The interested parties list included Ohio EPA, DAPC's general rule

making list and some rule specific parties who receive information only regarding

the rules in this submittal (see Attachment J ofthis Appendix).
(

(

As evidenced in item (C) of the ERAF for each rule, Ohio EPA stated the

adoption of these rules 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.
(

(

Attachment A

(ORC Section 119.03)
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmles. Page 1 of7

( 119.03 Procedure for adoption, amendment, or rescission

of rules.

In the adoption, amendment, or rescission of any rule, an agency shall comply with the following

procedure:

(A) Reasonable public notice shall be given in the register of Ohio at least thirty days prior to the date

set for a hearing, in the form the agency determines. The agency shall file copies of the public notice

under division (8) of this section. (The agency gives public notice in the register of Ohio when the

public notice is published in the register under that division.)

The public notice shall include:

(1) A statement of the agency's intention to consider adopting, amending, or rescinding a rule;

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the

subject matter to which the proposed rule, amendment, or rescission relates;

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule;

(4) The date, time, and place of a hearing on the proposed action, which shall be not earlier than the

thirty-first nor later than the fortieth day after the proposed rule, amendment, or rescission is filed

( under division (8) of this section.

In addition to public notice given in the register of Ohio, the agency may give whatever other notice it

reasonably considers necessary to ensure notice constructively is given to all persons who are subject

to or affected by the proposed rule, amendment, or rescission.

The agency shall provide a copy of the public notice required under division (A) of this section to any

person who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing.

(8) The full text of the proposed rule, amendment, or rule to be rescinded, accompanied by the public

notice required under division (A) of this section, shall be filed in electronic form with the secretary of

state and with the director of the legislative service commission. (If in compliance with this division an

agency files more than one proposed rule, amendment, or rescission at the same time, and has

prepared a public notice under division (A) of this section that applies to more than one of the

proposed rules, amendments, or rescissions, the agency shall file only one notice with the secretary of

state and with the director for all of the proposed rules, amendments, or rescissions to which the

notice applies.) The proposed rule, amendment, or rescission and public notice shall be filed as

required by this division at least sixty-five days prior to the date on which the agency, in accordance

with division (D) of this section, issues an order adopting the proposed rule, amendment, or rescission.

If the proposed rule, amendment, or rescission incorporates a text or other material by reference, the

agency shall comply with sections 121.71 to 121.76 of the Revised Code.

( The proposed rule, amendment, or rescission shall be available for at least thirty days prior to the date

http://codes.ohio.gov/orc/119.03 8/812007
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmIes. Page 2 of7

of the hearing at the office of the agency in printed or other legible form without charge to any person

affected by the proposal. Failure to furnish such text to any person requesting it shall not invalidate

any action of the agency in connection therewith.

If the agency files a substantive revision in the text of the proposed rule, amendment, or rescission

under division (H) of this section, it shall also promptly file the full text of the proposed rule,

amendment, or rescission in its revised form in electronic form with the secretary of state and with the

director of the legislative service commission.

The agency shall file the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of

the Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission or

proposed rule, amendment, or rescission in revised form that is filed with the secretary of state or the

director of the legislative service commission.

The director of the legislative service commission shall publish in the register of Ohio the full text of

the original and each revised version of a proposed rule, amendment, or rescission; the full text of a

public notice; and the full text of a rule summary and fiscal analysis that is filed with the director under

this division.

(

(C) On the date and at the time and place designated in the notice, the agency shall conduct a public

hearing at which any person affected by the proposed action of the agency may appear and be heard

in person, by the person's attorney, or both, may present the person's position, arguments, or

contentions, orally or in writing, offer and examine witnesses, and present evidence tending to show

that the proposed rule, amendment, or rescission, if adopted or effectuated, will be unreasonable or

unlawful. An agency may permit persons affected by the proposed rule, amendment, or rescission to (

present their positions, arguments, or contentions in writing, not only at the hearing, but also for a

reasonable period before, after, or both before and after the hearing. A person who presents a position

or arguments or contentions in writing before or after the hearing is not required to appear at the

hearing.

At the hearing, the testimony shall be recorded. Such record shall be made at the expense of the

agency. The agency is required to transcribe a record that is not sight readable only if a person

requests transcription of all or part of the record and agrees to reimburse the agency for the costs of

the transcription. An agency may require the person to pay in advance all or part of the cost of the

transcription.

In any hearing under this section the agency may administer oaths or affirmations.

(D) After complying with divisions (A), (B), (C), and (H) of this section, and when the time for

legislative review and invalidation under division (I) of this section has expired, the agency may issue

an order adopting the proposed rule or the proposed amendment or rescission of the rule, consistent

with the synopsis or general statement included in the public notice. At that time the agency shall

designate the effective date of the rule, amendment, or rescission, which shall not be earlier than the

tenth day after the rule, amendment, or rescission has been filed in its final form as provided in section

119.04 of the Revised Code.

(E) Prior to the effective date of a rule, amendment, or rescission, the agency shall make a reas<;>nable (

http://codes.ohio.gov/orc/119.03 8/8/2007
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofrules. Page 3 of7

effort to inform those affected by the rule, amendment, or rescission and to have available for

( distribution to those requesting it the full text of the rule as adopted or as amended.

(F) If the governor, upon the request of an agency, determines that an emergency requires the

immediate adoption, amendment, or rescission of a rule, the governor shall issue an order, the text of

which shall be filed in electronic form with the agency, the secretary of state, the director of the

legislative service commission, and the joint committee on agency rule review, that the procedure

prescribed by this section with respect to the adoption, amendment, or rescission of a specified rule is

suspended. The agency may then adopt immediately the emergency rule, amendment, or rescission

and it becomes effective on the date the rule, amendment, or rescission, in final form and in

compliance with division (A)(2) of section 119.04 of the Revised Code, are filed in electronic form with

the secretary of state, the director of the legislative service commission, and the joint committee on

agency rule review. If all filings are not completed on the same day, the emergency rule, amendment,

or rescission shall be effective on the day on which the latest filing is completed. The director shall

publish the full text of the emergency rule, amendment, or rescission in the register of Ohio.

(

(

The emergency rule, amendment, or rescission shall become invalid at the end of the ninetieth day it is

in effect. Prior to that date the agency may adopt the emergency rule, amendment, or rescission as a

nonemergency rule, amendment, or rescission by complying with the procedure prescribed by this

section for the adoption, amendment, and rescission of nonemergency rules. The agency shall not use

the procedure of this division to readopt the emergency rule, amendment, or rescission so that, upon

the emergency rule, amendment, or rescission becoming invalid under this division, the emergency

rule, amendment, or rescission will continue in effect without interruption for another ninety-day

period, except when division (I)(2)(a) of this section prevents the agency from adopting the

emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission within

the ninety-day period.

This division does not apply to the adoption of any emergency rule, amendment, or rescission by the

tax commissioner under division (C)(2) of section 5117.02 of the Revised Code.

(G) Rules adopted by an authority within the department of job and family services for the

administration or enforcement of Chapter 4141. of the Revised Code or of the department of taxation

shall be effective without a hearing as provided by this section if the statutes pertaining to such agency

specifically give a right of appeal to the board of tax appeals or to a higher authority within the agency

or to a court, and also give the appellant a right to a hearing on such appeal. This division does not

apply to the adoption of any rule, amendment, or rescission by the tax commissioner under division

(C)(1) or (2) of section 5117.02 of the Revised Code, or deny the right to file an action for declaratory

judgment as provided in Chapter 2721. of the Revised Code from the decision of the board of tax

appeals or of the higher authority within such agency.

(H) When any agency files a proposed rule, amendment, or reSCISSIon under division (B) of this

section, it shall also file in electronic form with the joint committee on agency rule review the full text

of the proposed rule, amendment, or rule to be rescinded in the same form and the public notice

required under division (A) of this section. (If in compliance with this division an agency files more

than one proposed rule, amendment, or rescission at the same time, and has given a public notice

under division (A) of this section that applies to more than one of the proposed rules, amendments, or

rescissions, the agency shall file only one notice with the joint committee for all of the proposed rules,

http://codes.ohio.gov/orc/119.03 8/8/2007
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmles. Page 4 of7

amendments, or rescissions to which the notice applies.) If the agency makes a substantive revision in

a proposed rule, amendment, or rescission after it is filed with the joint committee, the agency shall

promptly file the full text of the proposed rule, amendment, or rescission in its revised form in

electronic form with the joint committee. The latest version of a proposed rule, amendment, or

rescission as filed with the joint committee supersedes each earlier version of the text of the same

proposed rule, amendment, or rescission. An agency shall file the rule summary and fiscal analysis

prepared under section 121.24 or 127.18 of the Revised Code, or both, in electronic form along with a

proposed rule, amendment, or rescission, and along with a proposed rule, amendment, or rescission in

revised form, that is filed under this division.

This division does not apply to:

(1) An emergency rule, amendment, or rescission;

(2) Any proposed rule, amendment, or r:escission that must be adopted verbatim by an agency

pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue

the operation of a federally reimbursed program in this state, so long as the proposed rule contains

both of the following:

(a) A statement that it is proposed for the purpose of complying with a federal law or rule;

(b) A citation to the federal law or rule that requires verbatim compliance.

(

If a rule or amendment is exempt from legislative review under division (H)(2) of this section, and if

the federal law or rule pursuant to which the rule or amendment was adopted expires, is repealed or (

rescinded, or otherwise terminates, the rule or amendment, or its rescission, is thereafter subject to

legislative review under division (H) of this section.

(1)(1) The joint committee on agency rule review may recommend the adoption of a concurrent

resolution invalidating a proposed rule, amendment, rescission, or part thereof if it finds any of the

following:

(a) That the rule-making agency has exceeded the scope of its statutory authority in proposing the

rule, amendment, or rescission;

(b) That the proposed rule, amendment, or reSCISSIon conflicts with another rule, amendment, or

rescission adopted by the same or a different rule-making agency;

(c) That the proposed rule, amendment, or rescission conflicts with the legislative intent in enacting

the statute under which the rule-making agency proposed the rule, amendment, or rescission;

(d) That the rule-making agency has failed to prepare a complete and accurate rule summary and

fiscal analysis of the proposed rule, amendment, or rescission as required by section 121.24 or 127.18

of the Revised Code, or both, or that the proposed rule, amendment, or rescission incorporates a text

or other material by reference and either the rule-making agency has failed to file the text or other

material incorporated by reference as required by section 121.73 of the Revised Code or, in the case of

a proposed rule or amendment, the incorporation by reference fails to meet the standards stated in (

http://codes.ohio.gov/orc/119.03 8/812007
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmles. Page 5 of7

(

(

(

section 121.72, 121.75, or 121.76 of the Revised Code.

The joint committee shall not hold its public hearing on a proposed rule, amendment, or rescIssion

earlier than the forty-first day after the original version of the proposed rule, amendment, or rescission

was filed with the joint committee.

The house of representatives and senate may adopt a concurrent resolution invalidating a proposed

rule, amendment, rescission, or part thereof. The concurrent resolution shall state which of the specific

rules, amendments, rescissions, or parts thereof are invalidated. A concurrent resolution invalidating a

proposed rule, amendment, or rescission shall be adopted not later than the sixty-fifth day after the

original version of the text of the proposed rule, amendment, or rescission is filed with the joint

committee, except that if more than thirty-five days after the original version is filed the rule-making

agency either files a revised version of the text of the proposed rule, amendment, or rescission, or

revises the rule summary and fiscal analysis in accordance with division (1)(4) of this section, a

concurrent resolution invalidating the proposed rule, amendment, or rescission shall be adopted not

later than the thirtieth day after the revised version of the proposed rule or rule summary and fiscal

analysis is filed. If, after the joint committee on agency rule review recommends the adoption of a

concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof, the house

of representatives or senate does not, within the time remaining for adoption of the concurrent

resolution, hold five floor sessions at which its journal records a roll call vote disclosing a sufficient

number of members in attendance to pass a bill, the time within which that house may adopt the

concurrent resolution is extended until it has held five such floor sessions.

Within five days after the adoption of a concurrent resolution invalidating a proposed rule, amendment,

rescission, or part thereof, the clerk of the senate shall send the rule-making agency, the secretary of

state, and the director of the legislative service commission in electronic form a certified text of the

resolution together with a certification stating the date on which the resolution takes effect. The

secretary of state and the director of the legislative service commission shall each note the invalidity of

the proposed rule, amendment, rescission, or part thereof, and shall each remove the invalid proposed

rule, amendment, rescission, or part thereof from the file of proposed rules. The rule-making agency

shall not proceed to adopt in accordance with division (D) of this section, or to file in accordance with

division (B)(l) of section 111.15 of the Revised Code, any version of a proposed rule, amendment,

rescission, or part thereof that has been invalidated by concurrent resolution.

Unless the house of representatives and senate adopt a concurrent resolution invalidating a proposed

rule, amendment, rescission, or part thereof within the time specified by this division, the rule-making

agency may proceed to adopt in accordance with division (D) of this section, or to file in accordance

with division (B)(l) of section 111.15 of the Revised Code, the latest version of the proposed rule,

amendment, or rescission as filed with the joint committee. If by concurrent resolution certain of the

rules, amendments, rescissions, or parts thereof are specifically invalidated, the rule-making agency

may proceed to adopt, in accordance with division (D) of this section, or to file in accordance with

division (B)(l) of section 111.15 of the Revised Code, the latest version of the proposed rules,

amendments, rescissions, or parts thereof as filed with the joint committee that are not specifically

invalidated. The rule-making agency may not revise or amend any proposed rule, amendment,

rescission, or part thereof that has not been invalidated except as provided in this chapter or in section

111.15 of the Revised Code.

http://codes.ohio.gov/orc/119.03 8/8/2007
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmIes. Page 6 of7

(2)(a) A proposed rule, amendment, or rescission that is filed with the joint committee under division

(H) of this section or division (D) of section 111.15 of the Revised Code shall be carried over for

legislative review to the next succeeding regular session of the general assembly if the original or any (

revised version of the proposed rule, amendment, or rescission is filed with the joint committee on or

after the first day of December of any year.

(b) The latest version of any proposed rule, amendment, or rescission that is subject to division (1)(2)

(a) of this section, as filed with the joint committee, is subject to legislative review and invalidation in

the next succeeding re,gular session of the general assembly in the same manner as if it were the

original version of a proposed rule, amendment, or rescission that had been filed with the joint

committee for the first time on the first day of the session. A rule-making agency shall not adopt in

accordance with division (D) of this section, or file in accordance with division (B)(l) of section 111.15

of the Revised Code, any version of a proposed rule, amendment, or rescission that is subject to

division (1)(2)(a) of this section until the time for legislative review and invalidation, as contemplated

by division (I)(2)(b) of this section, has expired.

(3) Invalidation of any version of a proposed rule, amendment, reSCISSion, or part thereof by

concurrent resolution shall prevent the rule-making agency from instituting or continuing proceedings

to adopt any version of the same proposed rule, amendment, rescission, or part thereof for the

duration of the general assembly that invalidated the proposed rule, amendment, rescission, or part

thereof unless the same general assembly adopts a concurrent resolution permitting the rule-making

agency to institute or continue such proceedings.

The failure of the general assembly to invalidate a proposed rule, amendment, reSCIssion, or part

thereof under this section shall not be construed as a ratification of the lawfulness or reasonableness of (

the proposed rule, amendment, rescission, or any part thereof or of the validity of the procedure by

which the proposed rule, amendment, rescission, or any part thereof was proposed or adopted.

(4) In lieu of recommending a concurrent resolution to invalidate a proposed rule, amendment,

rescission, or part thereof because the rule-making agency has failed to prepare a complete and

accurate fiscal analysis, the joint committee on agency rule review may issue, on a one-time basis, for

rules, amendments, rescissions, or parts thereof that have a fiscal effect on school districts, counties,

townships, or municipal corporations, a finding that the rule summary and fiscal analysis is incomplete

or inaccurate and order the rule-making agency to revise the rule summary and fiscal analysis and

refile it with the proposed rule, amendment, rescission, or part thereof. If an emergency rule is filed as

a nonemergency rule before the end of the ninetieth day of the emergency rule's effectiveness, and

the joint committee issues a finding and orders the rule-making agency to refile under division (1)(4)

of this section, the governor may also issue an order stating that the emergency rule shall remain in

effect for an additional sixty days after the ninetieth day of the emergency rule's effectiveness. The

governor's orders shall be filed in accordance with division (F) of this section. The joint committee shall

send in electronic form to the rule-making agency, the secretary of state, and the director of the

legislative service commission a certified text of the finding and order to revise the rule summary and

fiscal analysis, which shall take immediate effect.

An order issued under division (1)(4) of this section shall prevent the rule-making agency from

instituting or continuing proceedings to adopt any version of the proposed rule, amendment,

rescission, or part thereof until the rule-making agency revises the rule summary and fiscal analysis (

http://codes.ohio.gov/orc/119.03 8/8/2007
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmIes. Page 7 of7

(

(

and refiles it in electronic form with the joint committee along with the proposed rule, amendment,

rescission, or part thereof. If the joint committee finds the rule summary and fiscal analysis to be

complete and accurate, the joint committee shall issue a new order noting that the rule-making agency

has revised and refiled a complete and accurate rule summary and fiscal analysis. The joint committee

shall send in electronic form to the rule-making agency, the secretary of state, and the director of the

legislative service commission a certified text of this new order. The secretary of state and the director

of the legislative service commission shall each link this order to the proposed rule, amendment,

rescission, or part thereof. The rule-making agency may then proceed to adopt in accordance with

division (D) of this section, or to file in accordance with division (B)(l) of section 111.15 of the Revised

Code, the proposed rule, amendment, rescission, or part thereof that was subject to the finding and

order under division (1)(4) of this section. If the joint committee determines that the revised rule

summary and fiscal analysis is still inaccurate or incomplete, the joint committee shall recommend the

adoption of a concurrent resolution in accordance with division (1)(1) of this section.

Effective Date: 09-17-2002

http://codes.ohio.gov/orc/119.03 8/8/2007
(

(

(

Attachment B

(ORC Section 121.39)
(

(

(

Lawriter - ORC - 121.39 Identifying documentation that is basis for legislation dealing wi... Page 1 of3

121.39 Identifying documentation that is basis for

legislation dealing with environmental protection.

(A) As used in this section, "environmental protection" means any of the following:

(1) Protection of human health or safety, biological resources, or natural resources by preventing,

reducing, or remediating the pollution or degradation of air, land, or water resources or by preventing

or limiting the exposure of humans, animals, or plants to pollution;

(2) Appropriation or regulation of privately owned property to preserve air, land, or water resources in

a natural state or to wholly or partially restore them to a natural state;

(3) Regulation of the collection, management, treatment, reduction, storage, or disposal of solid,

hazardous, radioactive, or other wastes;

(4) Plans or programs to promote or regulate the conservation, recycling, or reuse of energy,

materials, or wastes.

(B) Except as otherwise provided in division (E) of this section, when proposed legislation dealing with

environmental protection or containing a component dealing with environmental protection is referred

to a committee of the general assembly, other than a committee on rules or reference, the sponsor of

the legislation, at the time of the first hearing of the legislation before the committee, shall submit to

the members of the committee a written statement identifying either the documentation that is the

basis of the legislation or the federal requirement or requirements with which the legislation is

intended to comply. If the legislation is not based on documentation or has not been introduced to

comply with a federal requirement or requirements, the written statement from the sponsor shall so

indicate.

Also at the time of the first hearing of the legislation before the committee, a statewide organization

that represents businesses in this state and that elects its board of directors may submit to the

members of the committee a written estimate of the costs to the regulated community in this state of

complying with the legislation if it is enacted.

At any hearing of the legislation before the committee, a representative of any state agency,

environmental advocacy organization, or consumer advocacy organization or any private citizen may

present documentation containing an estimate of the monetary and other costs to public health and

safety and the environment and to consumers and residential utility customers, and the effects on

property values, if the legislation is not enacted.

(C) Until such time as the statement required under division (B) of this section is submitted to the

committee to which proposed legislation dealing with environmental protection or containing a

component dealing with environmental protection was referred, the legislation shall not be reported by

that committee. This requirement does not apply if the component dealing with environmental

protection is removed from the legislation or if two-thirds of the members of the committee vote in

favor of a motion to report the proposed legislation.

http://codes.ohio.gov/orc/121.39 9/20/2007
Lawriter - ORC - 121.39 Identifying documentation that is basis for legislation dealing wi... Page 2 of3

(D) Except as otherwise provided in division (E) of this section, prior to adopting a rule or an

amendment proposed to a rule dealing with environmental protection or containing a component

dealing with environmental protection, a state agency shall do all of the following:

(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 amendment;

(3) Specifically identify whether the proposed rule or 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 amendment is more

stringent than its federal counterpart, and, if the proposed rule or amendment is more stringent, the

rationale for not incorporating its federal counterpart;

(4) Include with the proposed rule or amendment and the rule summary and fiscal analysis required

under sections 121.24 and 127.18 of the Revised Code, when they are filed with the joint committee

on agency rule review in accordance with division (D) of section 111.15 or division (H) of section

119.03 of the Revised Code, one of the folloWing in electronic form, as applicable:

(a) The information identified under division (D)(3) of this section and, if the proposed rule or

amendment is more stringent than its federal counterpart, as identified in that division, the

documentation considered under division (D)(2) of this section;

(b) If an amendment proposed to a rule is being adopted or amended under a state statute that

establishes standards with which the amendment shall comply, and the proposed amendment is more

stringent than the rule that it is proposing to amend, the documentation considered under division (D)

(2) of this section;

(c) If division (D)(4)(a) or (b) of this section is not applicable, the documentation considered under

division (D)(2) of this section.

If the agency subsequently files a revision of such a proposed rule or amendment in accordance with

division (D) of section 111.15 or division (H) of section 119.03 of the Revised Code, the revision shall

be accompanied in electronic form by the applicable information or documentation.

Division (D) of this section does not apply to any emergency rule adopted under division (B)(2) of

section 111.15 or division (F) of section 119.03 of the Revised Code, but does apply to any such rule

that subsequently is adopted as a nonemergency rule under either of those divisions.

The information or documentation submitted under division (D)(4) of this section may be in the form

of a summary or index of available knowledge or information and shall consist of or be based upon the

best available generally accepted knowledge or information in the appropriate fields, as determined by

the agency that prepared the documentation.

(E) The statement required under division (B) and the information or documentation required under

(

(

/

"

http://codes.ohio.gov/orc/121.39 9/20/2007
(

(

i

Lawriter - ORC - 121.39 Identifying documentation that is basis for legislation dealing wi... Page 3 of3

division (D) of this section need not be prepared or submitted with regard to a proposed statute or

rule, or an amendment to a rule, if the statute, rule, or amendment is procedural or budgetary in

nature, or governs the organization or operation of a state agency, and will not affect the substantive

rights or obligations of any person other than a state agency or an employee or contractor of a state

agency.

(F) The insufficiency, incompleteness, or inadequacy of a statement, information, documentation, or a

summary of information or documentation provided in accordance with division (B) or (D) of this

section shall not be grounds for invalidation of any statute, rule, or amendment to a rule.

(G) This section applies only to the following:

(1) Legislation and components of legislation dealing with environmental protection that are introduced

in the general assembly after March 5, 1996;

(2) Rules and rule amendments dealing with environmental protection that are filed with the joint

committee on agency rule review in accordance with division (D) of section 111.15 or division (H) of

section 119.03 of the Revised Code after March 5, 1996.

Effective Date: 04-01-2002

http://codes.ohio.gov/orc/121.39 9/20/2007
(

Attachment C

(Public Notices Published in Major Newspapers)
I,

being first duly sworn, make oath and say that I am

an Advertising Clerk in the employ of THE TOLEDO

BLADE CO., the publishers of THE BLADE, that I

personally know the facts herein stated, that said

BLADE is a daily newspaper printed, and of general

circulation in excess of 15,000, in said County, and

in said State, and that the notice of which the below

is true copy of the text, was published in said Daily

BLADE according to the run schedule listed below.

Start DateC\ . \ .'\ Stop Date C\ . l <; .Cj

Price $5 <6Lt<t .s-o Classification D D \. c:>

} 55.

. I

~F( JAVIT OF PUBLICATION

TATE OF OHIO,

UCASCOUNTY

Subscribed in my presence and sworn to before me

this ../1!!:::.. day of .~.:.., A..D 20.0..2 .

( Notary Public, State of Ohio

• -17-02 (Ambient air quality standards.)

The current NAAOS for PM2.5 have been added to theruie.

• -17-01 (Definitions.)

New definitions have been added to the rule tor AOEPA@ or AOhio EPA,@ APM'.5'@ and APM,o;@ and the definition for Atotal

suspended particulates@ has been deleted. Also, an incorporatlon-by-reference section has been added at the end of the ruie to

'the reqIJirements of ORC 121.72. .

Public Hearing

Ohio Environmental Protection Agency .

Five-Vear Rule Review of Ohio Administrative Code (OAC) Chapter 3745-17

(OAC rules 3745-17-01, -02, -03, -04, -OS, -07, -08, -09, -10, -11, -12, -13, and -14)

NOTICES

HEADWORKSPART 2 FOUND: Cat in Old Orch

ADVERTISEMENT FOR BIDS Meadowaod/Pelham.

(Invitation Far Bids) Black/Brown. 419-531-6,

City af Columbus, Ohio FOUND DOG near Bane

Capital Improvements & 'se S t 9th

Proled No. 650364 .• cor, ep. .

white color. coli

Contrad S73 deSCribe. 419-531-3071

The Project consists of addi- FOUND: male, white Lab.. lions to the Screen and Grit

Building, ImproVliments to years old. Found in Or~

the Primary influentSpli1ter, nearSeamcn 8< Whee

construction of a. new 96- Call419-698-4612

inch East Train Primary lnflu- LOST BOXER DOG,· bril _ ent Conduit, construction of male near .. Manhat

a new East Train Primqry Buckeye .. area.. REWA

Metering Chamber, removal Please call 567,666-34:

of sheet piling levee, ~05T;Female black I

removal of eartlfen levee, blue collar, black leash,

removal of the deceleration white. mark on d

lane along U:S. 23, miscella- "Sadie". White w/tan - neous site work and' •all Jack Rus$e(l Jerrier.

maintenance and operating cancer awareness.le'

instructions, trtlining,start~ "Sallie"inOveriand/E.le(

up, testing, and commission- area .on9113/07-aro

ing. The work alsoindudes, 11:30 Jlm.•'REWARD .'

bUt is not Iimijed to; excava- 450-9006 1419-450-9:

tion, backlilling,installqtioriLOST GERMAN 5.HEPH8

of new. roadways .Qnd BI

pavement, installation phjn. Westgate area, '. I

derground utilities Ielectrical, brown female W/floppy

mechanical storm ,sewer kids very sad,REWARD'

droinsand sanitary sewer 534-3236ar 419,509-2

drainsl,.. instal!ation ,.. ,of LOST: male, white·pij bull

mechanical and. electricalCentrallWarsow oreas

:9~!p'!:':.e~~."s~:J~~~,~5~~"gJ~p~,.;7'A,~arr~x...~~t;..

Find the I'ob you're looking

or Locally:

www.toledoblade.com/jobs

Tum your thumb green.

Gardening tips and ideas in

the Peach section

What's new on the road?

Get the auto facts..

Sunday Auto Section

Something wrong wijh Fido?

"Ask the Vet"

the 1st Sunday ofthe month.

Notice Is hereby given that the Ohio EnVironmental Protection Agency, Division of Air Poiiution Control (DARC) has performed a review of the

above-referenced ruies primarily to satisfy the r"quirements ofSection 119.032 ofthe Ohio ReVised Code (ORC) for a live-year reView. The DAPC

l1as determined that OAC ruie 3745-17-05 is no ionger necessary and shouid be rescinded and that OAC rules 3745-17-01, -02,.-03, -04, -07,

-08, -09; -10, -11, -12, -13, and -14 are necessary and need to be amended. The foiiowlng briefly summartzes the proposed reVisions of the

rules within OAC Chapter 3745-17: .

• -17-03 (Measurement methods and procedures.)

As a result of the proposed changes to paragraph til [for Ford Motor Company, Cieveland Casting Piantl ot ruie 3745-17-12, and the proposed

changes to paragraphs 18) Ifor International Mill Service, Incorporated!. (D) [for Standard Slag Company!. and IE) and iFI [for Wheeling-Pittsburgh

Steei Corporationl of rule 3745-17-13, the compliance method paragraphs in this rule that reiate to those proposed changes have been

updated.

',,;,·..·;;.-i(C"-"''''''''''~.'''''',.i.'~';'.'O', ..'---."-

living well is the best

revenge, and it's an art.

Become the artist of your life.

Find yummy recipes, home

decorating and entertaining

ideas, the latest fashions,

and "CelebratIons!" in the

Sunday Living section.
9/14/2007

Personally appeared before the undersigned authority, Julie Popovich

of THE VINDICATOR PRINTING COMPANY, publishers of THE VINDICATOR,

a newspaper printed and of general circulation in Mahoning, Trumbull and

Columbiana Counties in Ohio and Lawrence and Mercer Counties in Pennsylvania,

and being duly sworn, on her oath deposes and says that the notice hereto

attached was published 1 time and that insertion was as follows:

ATE OF OHIO

honing County } Proof Of Publication

(

Advertisement. $622.08

Affidavit...... 2.00

TOTAL. $624.08

Sworn to and subscribed before me this 5th day of October, A.D. 2007

Yf~/~

0001 Legal

Notices

LEGAL NOna

Public Hearing . Ohio Environmental Protection Agency Five-Year Rule RE!\Iiew of Ohio Administrative Code

(OAq Chapter 3745-17

(OAC rules 3745-17-01, -.02, -03, -04, -05, -07, -08,-

09, -10, -11, -12, -13, and -14)

Notice is hereby given that the Ohio Environmental

Protection Agency, Division'. of Air Pol.lution. con.. tr.01

(DAPq hasi performed a review of the _above-refer.

enced rules primarily tosalisfy the requirements of

Section 119.032 of the Ohio Revised Code (ORq for a five-year review. The. DAPC has determined that OAC

rule 3745-17-05 is no longer necessary .and should be

rescinded and thatOAC rules 3745-17-01, -02, -03, - 04, -07, -08, -09, -10, -11, -12, -13, and _14 are neces- sary and need to be amended.' The .following briefly summanzes the proposed· revisions of the rules .within

OAC Chapter 3745-17:

-17-01 (Definitions.). . . New definitions· have been added to the rule for AOEPA@ or A9hio EPA,@APM2.5,@ and APM10;@ and

the. def,n.'tion. for AtO..ta..1 susre.. nded.. palrtiCUIa.tes@has been deleted,. Also, an' incorporati0rtbY.reference sec- tion has been added at the end of the nile to tuffill the

requirements of ORC 121.7l!.

-17-02 (Ambient air quality standards.)

The current NAAQS forPMl.5 have been added to the rule. .

-17-03 (Measurementmethcids and procedures.) As a result of the· proposed. changes to paragraph (I)

[for Foro Motor Company, Cleveland Casting Plant] of

rule 3745-17-12, and the proposed changes to para- graphs (B) [for International Mill Service, Incorporated], (0) [for Standard Slag Company1 and (E) and (F)

[for Wheehng-p,ttsburgh Steel Corporation] of rule

3745-17-13, the compliance method paragraphs in

this rule that relate to those proposed changes have

been updated. .

-17-04 (Compfiance time schedules.)

Paragraph (8)(6) of this rule specifies the compliance deadlines for sources that are subject to the require- ments of existing rule 3745-17'12, and paragraph (8)(7) of this rule specifies .the compliance deaalines

for sources that are subiect to the. requirements pf ex- . isting rule 3745-17-13. The proPOsed changes!p paragraph (8)(6) relate to the Ford Motor Corilpany, Oevelarid Castinn PI;::lnt .Th~· nrnnI"\Cot"I .rh",nlles ..to
07

--

20

/1

Notary Public

Brenda G. Jordan

Notary Public, State ofOhio

Recorded in Cuyahoga County

My Commission Expires 09/04/11

I, Jacky Kilo, being duly sworn, do upon my oath, depose and

say that I am a ACCOUNTS RECEIVABLE REPRESENTATIVE

ofThe Plain Dealer Publishing company. publisher ofThe Plain

Dealer, a newspaper printed in said county, and general circulation

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

Trumbull.counties, in addition to said county; the requirements of

Section 7/12 ofthe Revised Code ofOhio as amended September

14, 1957, relating to publication and distribution are fulfilled by

said newspaper; and the advertisement attached was published in

said newspaper on the following day, or days in a type size larger

than agate. Insertion dates as follows:

fr'rKJJ

Sworn to an~ subscribed before me this day of

el~ )

C)f<Jr yeo . .... . . The DAPC has down. Also, InspmplYlng wtth the

AC rule 3745- r-jACl' requirements, the campa, anger necessary and ny"replaced two existing cupolas

rescinded and that wtth new cupolas and rerouted

745-17-01,-02, -03, the emissi

,-09, -10,-11, -12, ciated

1 ,an - 4 are necassary and . need to be. amended. The following briefly summarizes the pro- posed revisions 01 the rules wtthln

OAC Chapter 3745-17! that have

• -17-01 (Definitions.) downa~d

New definitions have been added now being

to the rule for OEpA or Ohio EPA,enLcontrol

pM2.5, and pMl0; and the definl- proposed

tion for total suspendad partlcu-qUested~'l

lates has been deleted.. Also, an '. '-17-13. . ·.fr . I Incorporation-by-reference sec-an. partic . . . n~ . am i lion has been added at the end of specific air contaminant ~ourcas (

, the rule to fulfill the requirements In ~effi!rsoh Coun. . (B) and .. (0) i

ofORC 121.72. ." "1" • • -17.02 (Ambient all qualityifycontro wrestandards.)··... '. ' ~$at , The current NMOS tor pM2.S. Incorp

have been addee! ID lI1e rule., ,Stan

'-17'03 (MeasUrement me,tlT0dsti~ly

and proceduras,) •. " . .

As aresull of the changes" to paragraph

Ford MOIDr Company,

Casting Plant] 01rule 37

and the Pro paragraphs ( Mill Service, IncorpOrated),

~orStandardSlag

and (E) and (F) (lor graph

Pittsburgh Steel Corp at each

rule 3745-17-13,lI)e com~lIance been p method paragraphs in thiS ..ruleandthe

that relate to those proposed that the

changes have. been updated. . cas be • -17-04 (compliance time

schedules.) I ., a't the two Para raph (B)(6) of this ru e the remaining sources

spec~esthe compliance..d~ad- facilitias be changed. For,SOmeot

lines for sources that are s~bJect

to the requirements of eXisting rule 3745-17-12, and, paragraph

(B)(7) of this rule specifies the

compliance deedlines tor sou'!!es

that are subject to the r"'lullements of existing rule 37~17-13.

The proposed changes to.Paregraph (8)(6) relaJe to the fo'" Motor Company, Cleveland ,(;sst"]

Ing Planl. The proposed chan es..

to paragraph (B)(7) relate!Q

International Mill Servlce,lnco

rated Standard Slag C

and 'Wheeling-Pittsburgh 1" .;{". "H'} "10/';',2!'",

Corporation.' . . .'. .' Inacdolon .ID,•• th~above- In both paragraphs (B)(a)and mentioned chang~lor proposed

(B)(7), several references to para- rules 37:<15-17-Ql, -02, -03, .04,

ra hs in rules 3745-17-12 and '-07, -08, .11,-12,.13 and.. -14, 3Rave been deleted because iii· those proposed rules ~so Include

ther the sources addressed In the corrections to the cIIations ~qhe

paragraphs have been perma- end olthe rules 01 th~.a\"Fllfylng

nently shut down or the para- and authorizing ~tatules.. .•. , graphs In those rules have been Pursuant to Section 121..39 of the

renumbered due. ID •proposed Ohio. Revised Code, DApC v;as changes, In which,. case ,the req~"ed ID consult.

changed paragraph. numbers parties by' have been added to paragraphs tore the DIVISion lor . opts

(B)(6) and (B)(7). .. them, On April 11, 2007, th~se

Also, In proposed rule 3745-17-.rul~s went out tor,a 3q.d",Y r8V!ew 13 the requirements tor severaJ bYlnterestedparties. . .... fth

so~rees at th.e Wheeling- Pursuantto Se<:!i0nl1~.Q3 P bre,

Pittsburgh Steel COrporation haye pu .IC

been changed ID be more .strin- gent than those In the eXjSting rule. Paragraph (B) (7) has been

changed to reference the. para-.. graphs within proposed.· rule. rus' G 3745-17-13 that contain the more T0lVn ·stringent requirementsaJld to bUs,O " change the compliance deedline Pursuan .,91 the

from April 1,.1993" to nof I"ter Clean ,Air '., EpA,ISJ'" than the effective daJe of.thlsqUiredto establish a State Imple- I • • .. 'mentation Plan .(SII')}or the atr.u_~7_05 (Non-degradation • tainmentandinalnl!lnan"'l0l tpe

Ii .) •..•. '. National;, Ambient!\irOuality

~lsOYrule, which consists 0.1 only Standards (N¥OS).~e",bov~ Ii on~ serrtence,h~, been recom.~ . rules 'care "a part mended tor rescission ~ecause tt has. been determined lI1at .the rule Is no longer a'necessa,,! part 01

the States air pollution control $IP.Theab

program; ing shall be

• -17-07 (Control of visible partie- hearl ... ., .. ulate emissions tram stationary All Interested persons aredentitlthed sources.) . ID attend orbe.repre~ente at a New exemptions from the 20% hearing8l1dllIVewlillen or oral

and 60% opacl limitations have comments on these rule change$.

been added rule All oral ted tat tor the kilns Marietta the h sta e- Magnesia S ,faCility ments

In Woodville. The company h8$

submitted information that sup.. day, ,Octo

arts ·the need tor start-up "':Id conslde'jld

~hutdown exemptions tor any kiln final actionpn , controlled woh a baghouse ID statements submitted

prevent damage ID the baghouse dllY'.Oeto~

due ID blinding 01 lI1e baQs.. 'Th~ colI$ldered

company also has submitted In, stances formation. that SUPPorts the need part of :th~:, fnr =a <:If=arl.lIni:lytlmnfinn fnr =an,1 10. __":_- '

(

(
coating

have aiemission

the surface

processes will not

lowable 'particulate

limitations.

·17·12 (Additional restrictions on particulate emissions from SPecific air con- taminant sources in

C u yah 0

ga County.)

The significant changes to

this rule are contained in

paragraph (I). This paragraph

specified control requirements for various sources at

the Ford Motor Company,

Cleveland Casting Plant.

Since the original promulgation of.this rule, a substantial

number of the sources identified in paragraph (I) have

been permanently shut down.

Also, in complying with the

MACT requirements, the

company replaced two existing cupolas with new cupolas

and rerouted the emissions

from severai associated sources io different control

devices than those men- . tioned in existing paragraph

(I), All the proposed changes

to paragraph (I) address the sources at the facility that

have been permanently shut

down and the sources that are now being controlled with

different control devices. All

of these proposed changes

have been requested by the

Company.

'-17-13(Additional restrictions on particulate emissions from specific air con- taminant sources in Jefferson County.)

Existing paragraphs (8) and

(D) of this rule specify control

requirements for sources at

International Mill Service, Incorporatedand Standard Slag

Company, respectively.

These two paragraphs have

been deleted because the

two companies have been

permanently shut down.

The other significant. changes

to this rule concern the

Wheeling-Pittsburgh Steel

Corporation facilities located

in Steubenvilie (existing paragraph (E») and in Mingo Junction (existing paragraph (F.»).

Several of the sources' at

each of these facilities have

been permanently shut down,

and the company has re- quested that the references

to those sources be deleted.

In addition, the company. has'

requested that the emission

limitations for several of the

remaining sources at the two

facilities be changed. For some of the remaining

sources, the proposed emission limitations are more stringent than the existing

emission limitations, and for

other sources the proposed

emission limitations are less

stringent.

'·17-14 (Contingency plan

r e quirements for Cuyahoga

and Jefferson Counties.)

The term "total suspended

particulates" has been deleted from this rule and replaced

with "PM10". A new definition

for PM 10 has been added to

proposed rule 3745-17-01.

In addition to the above men- tioned changes for proposed

rules 3745-01 ,-02,-03,-04,-07,

-08,-11,-12,-13 and -14, those

supports the need for start-up

and shutdown exemptions for

any kiln controlled with a baghouse to prevent damage to

the baghouse due to blinding

of the bags. The company

also has submitted information that supports the need

for a start-up exemption for

any kiln controlled with an

ESP to prevent possible ex- plosions within the ESP due

to high concentrations of

combustibles resulting from

the incomplete combustion of

coal or petroleum coke.

'-17-08 (Restriction of emission of fugitive dust.)

In the existing rule, the blast

furnace and basic oxygen fur- naces at the AK Steel

Corporation's Middletown

Works are exempted from

the requirement to employ

reasonably available control measures to control the fugitive dust emissions from

these sources. In the Consent Order that was entered

in the Butler County Court of

Common Pleas on March 31,

2004, the company agreed

that the exemptions would

end after the new controls were instailed to comply with

the MACT standards for the

iron and steel industry.

Therefore, because the installation of the MACT controls has been completed, the

exemptions in paragraph

(A)(3)(b) of proposed rule

3745-17-08 have been deleted, in accordance with the

Consent Order.

'-17-09 (Restrictions on par

ticulate emissions and o d 0 r s from incinerators.)

The only changes to this rule

involve corrections to the citations at the end of the rule

of the amplifying and authorizing statues.

par

'·17-10 (Restrictions on

ticulate emissions from fuel

burning equipment)

The only changes to this rule

involve corrections to the citations at the end of the rule

of the amplifying and authorizing statues.

·-17-11 (Restrictions on par

ticulate emissions from industrial processes.)

New RACT requirements

have been added to the rule

for surface coating processes

(painting operations). Any

surface coating process that

is not exempted by this rule

must be controlled by means of a particulate filter,

waterwash, or equivalent

control device and must com- ply' with specific work practices relating to the operation,

maintenance, repair, and inspection of the control devices. Several exemptions

have been provided in the

rule for small surface coating

processes, Le., those sur- face coating processes that

would generate minor to

negligible amounts of coating

overspray.

When these new RACT re- quirements become effective,

Figure II and Table I of this

rule will no longer be applicable to surface coating

processes, and as a result,

r

9-19,2007

\ .

STATE OF OHIO, STEUBENVILLE, JEFFERSON COUNTY, 55.

LISA L. BOYER

BOOKKEEPER

being sworn, says she is

once on

Sworn to and subscribed before me

this 20th day of

Se tember 2007

of THE HERALD-STAR, a newspaper

published, and of general circulation

in said County and City, and that the

Notice, of which the annexed is a true

copy, was published in said newspaper

MOUNT: _--:!:$:....:.4.::.,54.:.:...6;:.:8=--_

ACCT. # L00129

NOTARY:

PUBLIC HEARING NOTICE

Ohio Environmental

Protection Agency

Five.Year Rule Review of

Ohio Administrative Code

(OAC) Chapter 3745·17 . (OAC rules

3745·17·01,·02,-03,.04,-05,

-07,·08,-09,-10,-11,-12,-13,

and -14)

Notice is hereby given that

the Ohio Environmental Protection Agency, Division of

Air Pollution Control (DAPC)

has performed a review of

the above-referenced rules

primariiy to satisfy the re- quirements of Section

119.032 of the Ohio Re\(ised

Code (ORC) for a five-year:

review. The DAPC has determined that OAC. rule

3745-17-05 is no longer'

necessary and shouid be res- .

cinded and that OAC rules

3745-17-01,-02,-03,-04,-07,

-08,-09,-10,-11,-12,·13,and

~14 are necessary and need

to be amended. The foJlowing

briefly summarizes the proposed revisions of the rules

within OAC Chapter 3745-17:

'-17-01 (Definitions.)

New definitions have been

added to the rule for "OEPA" or "Ohio EPA," "PM2.5" and

"PM10" and the definition for

"total suspended particulates"

has been deleted. Also, an incorporation-by-reference

section has been added. at

the end Of the rule .to fuIfill

the requirements of ORC

121.72.

'-17-02 (Amble$.airquality

standarc;ls.) " The current· NAAQS for

PM2.5 have been added to

the ·rule. . '-17-03 (Measurement

methods and procedures.)

As a result of the proposed

changes to paragraph (I) [for

Ford Motor Company, Cleveland Casting Plant]. of rule

3745-17-12, and the prop 0 sed

changes to paragraphs (8)

[for International Mill Service,

Incorporated], (D) [for Standard Slag Company], and (E)

and (F) [for Wheeling -Pittsburgh Steel Corporation] of

rule 3745-17·13, the compli- ance method paragraphs in

this rule that relate to those

proposed changes have been

updated.

'-17-04 (Compliance time

schedules.)

Paragraph (8)(6) of.this rule

specifies the 'compliance

deadlines for sources that are subject to the requirements

of existing rule 3745-17-12,

and paragraph (8)(7) of this

rule specifies the compliance

deadlines for sources that are subject to the requirements

of existing rule 3745-13. The

proposed changes to para-

...'"IIIt,,"...., graph (8)(6) relate to the Ford .~~ a.\Al '''" Motor Company, Cleveland *"-"..... $E: "ot. Casting Plant. The proposed

f~O ~~ . oft"\ NANCYKAUFMANN. changes to paragraph (8)(7)

.; - f Oh relate to the International Mill t* *_1 Notr r'ublic. State 0 10 , '1 Service, Incorporated, Stan0/" My Comrlllssion Expires:lunEl 9, 20 f ,:,...... . dard' Sla~ Company,. and

\,'"" +" ~~ '71 t"\'1 \ :~~rt~~~t1~n.ittsbUrgh .~teel t: Or 07 \"\ \'.j ,.' i•. i.. In both paragraphs (8)(6) and ~...... _"\',,.i -,\), . (\1 ____ '. .~,\ .. Y-' t .--c:- \'i\'\}V :i (8)(7), several references. to '- , .,-, • .l,,) ~~ :i, paragraphs in,:rules nOJY-.Jc-<A r< (I .v,b....i:,&r~>"., h,,_"3745-17-12 and -13 have .. 'i:been deieted because either , ~" \(1'-' ';) . I..... iii the sources address.ed in the

~::. -,0\\),'.1 ij,paragraphs have been' per. '~---- L ·\>.;"j~?-.~;i~T;:~r:J_·...... -::."'.",.;..i. --"',ii! manently shut. down or the ---.J

,,';."1,. f\,". '\ .-'J .-' paragraphs in' those rules ------------- ...•; ..._ have been renumbered due to

proposed changes, in. which

,case the changed paragraph

numbers have been added to

paragraphs (8)(6) and (8)(7). IIkn in nrnnosed ruie

(

(
D: ,....

1'1" (,"E'"-i

iO

9660009

$1,351.50

$0.00

$1,351.50 "i<~'''';W;!w.«<$.t;.,."~w;:='t'c,y,~"=~r(>.m='!""~,,,,m~&-O;'''*;0Bm

Invoice No.

Ad Cost

Paid

Due

Before me, the undersigned, a Notary public in and

for said County, personally came Tina Kimball who

being first duly sworn says he/she is the Legal

Advertising Agent of the Dayton Daily News, which

he/she says is a newspaper of general circulation

in Montgomery, Clark, Warren, Butler, Clinton,

Greene, Preble, Miami, Darke, Mercer, Shelby,

Fayette, Logan, Hamilton, Clermont, Auglaize, and

Champaign Counties, and State of Ohio, and he/she

further says that the Legal Advertisement, a copy

of which is hereunto attached, has been published

in the said Dayton Daily News 255 Lines, 1 Time(s),

last day of publication being 9/14/2007, and he/she

further says that the bona fide daily paid

circulation of the said Dayton Daily News was over

(25000) at the time the said advertisement was

published, and that the price charged for same does

not exceed the rates charged on annual contract for

the like amount of space to other advertisers in

the general display advertising columns.

OHIO EPA DENISE PEEPLES

POBOX 1049

COLUMBUS, OH 43216

i

./

.;

Dayton Daily News

AFFIDAVIT OF PUBLICATION

P.O. Box 643080

Cincinnati, OH 45264-3080

937-225-2107

STA

(

··,~~··· """"""RNO,!~' ..·······.oe", ublic " _ /::;,.q..('\".\ 11/:>/;.",<:, ~~ro. •

"--:;......,, """" /~.• ()~ \'\j- V

/ ~Qiti5.\ \ LORNA M. FOER, Notary Public

10

My Commission Expires JUly 4,2010

.--R D. 0- V \\ - \\\,\

,.gned~~~ ilte·· ; /

e

l71 '1!t'':'~' "/Sworn or affirmed to, and subscribed before me,

bf2 this 9/20/2007. In Testimony Whereof, I have ~,oc

~g hereunto set my hand and affixed my official

seal, the day and year aforesaid.
Due $1,351.50 _;;!''M.=«<:;%~t;:;:;:;:iN:!;,!~:w@~~m'!.",:,m"$;>;i(:;:;:=~:;:;=m.;=,*~;,:;,,,,-~,<

9660009

$1,351.50

$0.00

Invoice No.

Ad Cost

Paid

OHIO EPA DENISE PEEPLES

PO BOX 1049

COLUMBUS, OH 43216

Before me, the undersigned, a Notary public in and

for said County, personally came Tina Kimball who

being first duly sworn says he/she is the Legal

Advertising Agent of the Dayton Daily News, which

he/she says is a newspaper of general circulation

in Montgomery, Clark, Warren, Butler, Clinton,

Greene, Preble, Miami, Darke, Mercer, Shelby,

Fayette, Logan, Hamilton, Clermont, Auglaize, and

Champaign Counties, and State of Ohio, and he/she

further says that the Legal Advertisement, a copy

of which is hereunto attached, has been published

in the said Dayton Daily News 255 Lines, 1 Time(s),

last day of publication being 9/14/2007, and he/she

further says that the bona fide daily paid

circulation of the said Dayton Daily News was over

(25000) at the time the said advertisement was

published, and that the price charged for same does

not exceed the rates charged on annual contract for

the like amount of space to other advertisers in

the general display advertising columns.

worn or affirmed to, and subscribed before me,

. 9/20/2007. In Testimony Whereof, I have

eunto set my hand and affixed my official

I,the day and year aforesaid.

LORNA M. FOER, Notary Public

10

My Commission Expires JUly 4, 2010

Dayton Daily News

AFFIDAVIT OF PUBLICATION

P.O. Box 643080

Cincinnati, OH 45264-3080

937-225-2107

(
AKRON BEACON JOURNAL

44 EAST EXCHANGE STREET

P.O. BOX 3661

AKRON, OHIO 44309-3661

~),~: ..~,~j~f~±.§lJ ..¥',!**

..,',!.oooo1~~7

':g:rZr~~,~T

.... J~.7.3:-:·C<:-1 PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE

OHIO EPA DIVISION OF AIR

LAZARUS GOVERNMENT BUILDING

AnN DENISE PEEPLES

P.O. BOX 1049

COLUMBUS OH 43216-1049

You can get your Invoices & Tearsheets at

www.esheets.merlinone.com

o •

BILLING ACCOUNT NAME AND ADDRESS·· _

AKRON BEACON JOURNAL

-'-Ohioi)COm----'------

BOX 640 • Akron, Ohio 44309-0640 LEGAL ADVERTISING INVOICE

Legals Public Hearing Ohio Environmental

been:compleTeo,e TnePJ~!. ~aiJove:wmennOf1et:1.near- _-1__......_= 1 emptionsln para'graph, ingshall be considered

OhiopUPI~n~rr~~~ental ~el~3)(~~4~17-&f°p~~~~:s'1~~~'h~rt1~il~9 for -0:

Protection Agency been deleted, in accord- All interested persons Five-¥ear,RuleReview ance .with the Consent are.entitled to attend

of Ohio Adlliinistrative Order. ' ",' " . " or,',be . represented at !,\,!"

COde (OAC)Chapter-17-l19 (Restrictions on the hearing and give 8 3745~11 particulate emissions written or oral com- Ii,?" (OAC rules 3745-17-61, -ancl odors from Inciner- ments ,on these ,rule ....

$: ~::W: j'tj'J:~d: fh~'"ci'nkc::l1anges't(lthiS ~~~Pse~;'e1~n~~~1aW{;~ -,Ii 14) rule Involve ,correc-t!earing, and all written I, Notice' ,Is hereby given tions to the citations at statel1'lents submitted I

·that the Ohio Environ· the end>of the rule of at the hearing or by the

mental' Protection the amplifying and au- close Of business on Fri- : Agency, Dlvlsion'of Air thorizing statutes." • day,October 19, 2007 I Pollution.'. Control -17-10 ,(Restrictions'.on will.be considered by i (DAPC) has performed particulate emissions Ohio EPA prior to final _ j a r,eviewof the above- from fuel burning acti9n on this rule. Writ· $j referencecl rules pri- equjpment.) , ", tenstatementssubmit~ ;,

l1'Iarilyto satisfy the re- The only changes to this tecl after Friday,Octo- I

quirements pf Section rule involve cprrec- ber 19, 2007 may be con- .%i"

119.032 of the Ohio Re- tions to the citations lit sideredas'time and cir- =-:=::I----_...L.. ..1.. .L.. .L.. -+

vised COde (ORC) for a the end of.the rule of cumstances ,permit, '"' five-year 'review. The the amplifying and au- bUt will not be part of ISHER . DAPC has determined thorizingstatutes;' tIJe'Official record of U!

that OAC rule 3745-17". -17-11 (Restrictions on the hearing, -e

05 isno'longer necessa- particulate emissions These rules are availa- -"'I """ --' ","..- .......................• clerk of THE ry and should be re- fromlndustrialproc::ess- bleon the Ohio EPA ,.(..I LaC(

scinded and that OAC es.) DAPC Web page for

rules 3745-17-01, ~2, -03, New RACT requlre- electroniC'downloading 'ers of THE AKRON BEACON JOURNAL, on -(J4,~7, -OS, -09, -10, -11,- ments have been add- by· ,clicking on lblished ONE TIME on the ...l.lf.. day of

12, -13, and ~14 are nec- ed.to the rule for sur- AregUlations@Under"7lsecutl'veWEEKS.onthesamedayofeach essarv and need to be face coating processes the Atopics@ drop- i' amended. The follow- (painting operations). down box. The URL is: ~II"" 20 , OR TIMES. commencing ingbriefly summarizes Any surface . coatinghttp://www.epa.state.o . the proposed revisions process that is not ex- ·h,us/dapc/regs/regs.ht 'wrinted and published in the City of Akron.

i Of the rules withinOAC empted 'by .•• this'. rule '·ml. Once at theU'ion therein, That said newspaper had a bona

I Chapter 3745-17: must be controlled by webpage, please scroll - .17~1 (Definitions;) means of a particulate down to the informa- 10) at the time the advertisement(s) was

New ,definitions '. have filter, 'waterwashi or tion dated September )ill for same does not exceed the rates . been added to the rule eqUivalent control cle- 12,2007 under the head- .~ I forAOEPA@orAOhiPvi.ce.ancl'l1'll!stcomPIYing."f.or' OAC Chapter 10 advertise in its display advertising i EPA,@ APM2.5,@ and withspecific::workprac- ,3745-17..' •. . '.

APM10i@ and the defi~ ticesrelating to the op- Questions. regarding ac- Prl. . _... --' ... . nition ·for Atotal suS·eration'. maintenance,c::essing .the web site ~Cb-(.~.~ .

'pended particul.afes(W:repair,and' inspection sIJould ..pe directed to d

has been deleted.Also€ Of the (:ont~olde"ices. Arl,lIiee Niamlarb at l f1" D"ll an .incorporation-by-•••Several ',exemptions (i14-72S.1342.0therques- S dayofLJ' 20 -:': j. reference section, has ha"ebelilnprovided in.fiOns. or comments .. . . .

been: adcledat the'en(j th,Ei rulefoi-small,sur-;jbout ... these rules - . . of the rule to fulfil 'face co processes,sh()uid be directed to 'I"""""""""""""" .. .. . : .. requirements 'of... I.. rface coat- '.lim Orlemann 'as fol- • ,. . . _·.117

2J,;.,72('Am·''b'.•.ent...a'.'r.·.. ·.'. 'in es ....+that lows: by phone -614--644- (J(olary PubliC, Summit, ounty. Ohio . ...,-< "'~ ,ate,minor 3592;·' by eCmall- 9£ \ ( 'itystandards.) '·tO

t

· ounts i1m.orlemann@epa.sta!.L-.CiJ The' current .N 0 ray. .fe.oh.us; or by regular 'I .. " , ,PM2,5'have RACT mail - James A.' ,- My Commission Expires .. . . . edtothel"U ecOme .Qrlel1'lann, Ohio EPA, I .( ~17-03., ( Jland Division Air Pollution . "UI

le,wIIIContr-oI,\Lazarus Gov- . d icable ernl1'llmtCenter, P.O.

FA prpc. Box: 1049" Columbus, P esult, Ohio 43216-1049. Per-

'g ating sons submitting com- .t•. ,'" 11!.0t'have ments . electronically 11 -1

a'!iculafeare encouraged' to \.1

'r tatlons.· follow-up' with a hard Email LegaIAdsTo:Legals@thebeaconjournal.com ional . re- copy via regular mall• . articu- sept 14 "--'--'=--~-~'

(
HEARING CLERK

"'-'-""-

PROOF OF PUBLICATION

r-'

1016001 5YR RULE

III

:::J!.P1r, ,20 C>1 AND THE LAST PUBLICATION ONI

DAY OF 5ep+.,20Q"], AND THAT THE SAIDI

PRINTED IN ANlj OF GENERAL CIRCULATION IN

SAID COUNTY,\ '" crwSPQTJlPI i'EI UBEKSo, THE FIRST

,LlCATION BEING ON THE 1.:5' DAY

OHIO EPA/ATHENS

~~

ATHENS MESSENGER

PO BOX 1049

COLUMBUS OH 43216-1049

PERSONALLY APPEARED FOR ME,A NOTARY .PUBLIC IN ANDI

FOR ATHENS COUNTY, OHIO. GARY LAMBERG, PUBLISHER

OF THE ATHENS MESSENGER AND MADE OATH THAT AN

ADVERTISEMENT,A COpy OF WHICH IS HERETO ATTACHED,

I

WAS PUBLISHED IN THE ATHENS MESSENGER,A NEWSPAPERI

REFERENCE: 30927

THE STATE OF OHIO

ATHENS COUNTY SS
Public Hearing Ohio Environmental Protection .A:gellcy

Five-Year Rule Review of Ohio Administrative Code (OAC) Chapter 3745-17 (OAC rules 3745-17-01, -02, -03, -04, -OS, -07, -08, -09, -10, -11, -12, -13, and -14} Notice is hereby given that the Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has performed a review of the. above-referenced rules primarily to satisfY the requirements of $ection 119.032 of the Ohio Revised Code (ORC) for a five-year review. The DAPC has determined that OAC rule 3745-17-05 is no longer necessary and should be rescinded and that OAC rules 3745-17-01, -02, -03, -04, -07, -08, -09, -10, -11,

-12, -13, and ·14 are necessary and need to be amended: The following brief- lY summarizes the proposed revisions of the rules within OAC Chapter 3745-17:

• -17-01 (Definitions) New definitions have been added to the rule for "OEPA" or 'Ohio EPA" "PM 2.5", and "PM10"and the definitions for "total suspended particu- lates" has been deleted. Also, an incorporation-by-reference section has been added at the end of the rule to fulfill the requirements of ORCI21.n.

• -17-02 (Ambient air quality standards) The current NAAQS for PM2.5 have been added to the rule. • -17-03 (Measurement methods and procedures) As a result of the proposed changes to paragraph (I) [for Ford Motor CompanY, Cleveland Casting Plant] of rule 3745-17-12, and the proposed changes to paragraphs (B) [for International Mill Service, Incorporated] (D) [for

Standard Slag Company], and (E) and (F) [for Wheeling-Pittsburgh $teel

Corporation] of rule 3745-17-13, the compliance method paragraphs in,this ru Ie that related to those proposed changes have been upddted.

• ·17-04 (Compliance time schedules.)

Paragraph (B)(6) of this rule specifies the compliance deadlines for sourc- esthat are subject to the requirements of existing rule 3745-17-12, and paragraph (B)(7) of this rule specifies the compliance deadlines for sources that are subject to the requirements of existing rule 3745-17-13. The proposed changes to paragraph (B)(6) relate to the Ford Motor company,

Cleveland Casting Plant. the proposed changes to paragraph (B)(7) relate

to the International Mill Service, Incorporated, Standard Slag Company, and Wheeling -prttsburgh Steel Corporation. In both paragraphs (B)(6) and (B)(7), several references to paragraphs in

rules 3745-17-12 and -13 have been deleted because either the sources ad- dressed in the paragraphs have been permanently shut down or the paragraphs in those rules have been renumbered due to proposed changes, in

which case the changed paragraph numbers have been added to para- graphs (8)(6) and (B)(7). '

Also, in proposed rule 3745-17-13, the requir'ements for several sources at the Wheeling-Pittsburgh Steel Corporation have been changed to be more stringent than those in the existing rule. Paragraph (B)(7) has been changed to reference the paragraphs within proposed rule 3745-17-13 that

contain the more stringent requirements and to change the compliance deadline from' April 1, 1993" to "not later than the effective date of this rule ll

• -17-05 (Non-degradation policy.) , This rule, which consists of only one sentence, has been recommended for recession because it has been determined that the rule is no longer a neces- sary part of the State's air pollution control program.

• -17-07 (Control of visible particulate emissions from stationary sources) New exemptions from the 20% and 60% opacity limitations have been add- ed to this proposed rule for the kilns at the Martin Marietta Magnesia Specialties, Inc. facility in Woodville. The company has submitted information

that supports the need for start-up and shutdown exemptions for anY kiln controlled with a baghouse to prevent damage to the baghouse due to blind- ing of the bags. The company also has submitted information that supports the need for a start-up exemption fornay kiln controlled with an ESP to prevent possible explosions within the ESP due to high concentrations of combustible resulting from the incomplete combustion of coal or petroleum coke.

• -17-08 (Restriction of emission offugitive dust) In the existing rule, the blast furnace and basic oxygen furnaces at the AK Steel Corporation's Middletown Works are exempted from the requirement to employ reasonably available control measures to control the fUgitive dust emissions from these sources. In the Consent Order that was entered in the Butler County Court of Common Pleas on March 31,2004, the campa.

ny agreed that the exemptions would end after the new controls were in- stalledto comply with the MACT standards for the iron and steel industry.

Therefore, because the installation of MACT controls has been completed, the exemptions in paragraph (A)(3)(b) of proposed rule 3745-17-08 have been deleted, in accordance with the Consent Order. ' ' .

• -17-09 (Restrictions on particulate emissions and odors from incinera- tors)

The only changes to this rule involve corrections to the citations at the end of the rule of the amplifying and authorizing statues.

• -17-10 (Restrictions on particulate emissions from fuel burning equip- ment)

The only changes to this rule involve corrections to theeitations at the end of the rule of the amplifying and authorizing statues... .

• -17-11 (Restrictions on particulate emissions from industrial processes)· New RACT requirements have been added to the rule for surface coating

processes (painting operations). Any surface coating process that iinotex- empted-by this rule must be controlled by meanS of a particulate filter, waterwash, or equivalent control device and must comply with specific work practices relating to the operation, maintenancel repair, and inspection of the. control devices. Several exemptions have been provided in the rule for small surface coating processes, i.e., those surface coating processes that would generate minor to negligible amounts of coating overspray. When these new RACT requirements become effective, Figure Iland Table I of this rule will no longer be applicable.to surface coating processes, and,

as a result, the surface coating processes will not have allowableparticu- late emission limitations. .

• -17-12 (Additional restrictions on particulate ,emissions from specific air' contaminantsources in Cuyahoga County) . . The significant changes to this rule are contained 'in paragraph (I). This paragraph specifies control requirements for ·various sources at the Ford Motor Company, Cleveland Casting Plant. Sin.ce the original promulgation

of this rule, a substantial number of the sources identified in paragraph (I) have been permanently shut down. Also, in complying with the MACT re- quirements, the company replaced two existing cupolas with new cupolas

and rerouted the emissions from several assaciated sources to different control devices than those mentioned in existing paragraph (I). All the proposed changes to paragraph (I) address the sources at the facility that

have been permanently shut down and the sources that are now being con- trolled with different control devices. all of these proposed changes have been requested by the Company. -

• -17-13 (Additional restrictions on particulate emissions ,from specific air contaminate sources in Jefferson County) ,." . Existing paragraphs (B) and (D) of this rule specify control requirements

for sources at International Mill Service, Incorporated and Standard Slag

Company, respectively. These two paragraphs have been deleted because the two companies have been permanently shut down. The other significant changes to this rule concern the Wheeling-Pittsburgh Steel Corporation facilities located in Stuebenville (existing paragraph (E» and in Mingo Junction (existing paragraph (F)). Several of the sourc. es at each of these facilities have been permanentlY shutdown, .and t~e

company has requested the emission limitations for several of.the remain- ing sources at the two facilities be changed. For some of the remainin~

sources, the proposed emission limitations are more stringent that the existing emission limitations, and for other sources the proposed emission Iirnitntinn<:. n~.:::l 1.:::lC:C: c:t~inn.:::lnt

VERONICA H.HILL -'.'" DUP:IC. STAT:- or OHIO

"i:,,~·~,:or\ c.('IRL SN~1'l MerR5. 2108

THE COLUMBUS DISPATCH

PROOF OF PUBLICATION

.eptember 21, 2007

Shelly Donovan

Classified Merchandise Services Manager

STATE OF OHIO, FRANKLIN COUNTY. SS:

NOTARY PUBLIC - STATE OF

The Columbus Dispatch, a newspaper published at

Columbus, Franklin County, Ohio, with a daily

paid circulation of over 200,000 copies,

personally appeared and made oath that the

notice of which a true copy is hereunto attached

was published in The Columbus Dispatch for 1 Time(s) on

2007

SUb~~OfSePtember as witness my hand and seal of office.

{0U ~-;~l"/

and that the rate charged therefore is the same

as that charged for commercial advertising for

like services.

(
(

t ~, 1/' LUU/ 1U:4JAIVI

To: Paul Braun

C1NC1NNAIl cNUUHkck

The Cinchmati Enquirer

The Cincinnati Post

Tb,e Kentucky Post

312 Elm Street

Cincinnati, OH 4:5202

Legal Ads Department

PHONE: 513-768-8184

FAX: 513-768-8633

EMAIL: legalads@enquirer.com

COVER SHEET

Fax: 614-644-3681

NO, 716 p, 1

(

From: Penny Stewart

RE: Legal Proof

Date: 9117/07

(

The cost in The Cincinnati Enquirer and on Cincinnati.com for 9/19/07 is $2727.19.

If you have any questions please contact me,

Thank you.
{

'.

SEP. 17,2007 10: 45AM

PublicH..arinp;

Ohio Environmental

I'r"te~iQn .4I1l'..ney

I=ive-Year Rub Review of

Ohi" AdmlnloJ;r"tiv..

Code (OAO Chapter

3745-17 (OAC rul..

s

3745-17-01, ·02,-03,-

04.-06.-07, -08, -09,- 10, -11, A2,-13, and -

14) Notice is hereby i;iv· en that the Ohio );11'11-

ronmen~a1 Prorection

Ag-ency, Division Of Air

Pollution Control (DAPC)

has performeda review

af the "bove-.-eferenced

rules primarily to satisfy

the requirements of Section 119.Q32 of the Ohio

Revised Code (ORe) for a five-year review. The

DAPC hao determinee

that GAC rule 3745-17-

OS is no lonp;er neceSSal'y

and should be rescindeo

and that OAC rules

3745-17-01, -OL, -OS,- 04, -07, -08, -09, -10, -

11, -12, -13, and -14 are neCeSsary and need to be

ameno..d. ih.. followin}1;

briefly summarizes the

proposed revisions of the

rules within GAC Chapter 3745·17:

No, -17-01 (Definitions.)

New definitionS have b....n "do..o to th.. ""Ie

fOr "OE?A" or "Ohio

EPA." "PM2.5." and

"PM10.1,'· and the definition for "total susPended particulates" has been

deleted. Also, an incorporati"n-byreference section has b..en a<;!o..o "t th.. eno of

the rule to fulfill the

re<;Juirements of ORC

121.72.

-17-02 (Ambient air

Quality standards,)

The CLJrr..nt NAAQS for

PM2.5 have been added

to the rule.

-17-03 (Measurement

methods and procedures.) As a result of the

proposed t:han~es to parap;raph (1) [fur Ford

Motor CompMY, Clevelal10 Castil1g" Plant] crf

rule 3745-17-12, and

the pn::>posed changes to

para.s:raphs (B) [for

Intern"tion,,1 Mill Service,

Incorporated], (D) (for

Stanoaro SIaj;

COmpany], and (10) and

(F) [for Wheelin,E(-

Pifubur,e:h Steel

Corporation] of rule

3745-17-13. the compliance method para,e;raphs

in this rule that relate to

thos.. proposed chang'e~

have been llpdated,

-17-04 (Compliance time

s<:hedules,) P:>,raK'"ph

(1;l)(6} of this rule spedfits the compliance

CINCINNATI ENQUIERER NO. 716 P.

2
(((

SEP. 17.2007 10:45AM

deadllne~ for .o~'ees

th~t are subiect to the requiremen~ of eXistinR:

rule 3745-17-12. and

paraKraph (13)(7) of this

rule specifies the compllanee de~dlines for sources that are ~ubject to

the requirements of exfstinp; Nle 3745-17-13.

The proposed chan?;es to

parap;raph (6)(6) rel<l.t~

to the Ford Motor Company, Cleveland C<minfl:

Plant. The propo~ed

chanll:es to l'Jar~r<IPh

(13)(7) relate to the

International Mill SerViee,

Incorporated. Standard

Slall" Company, M~

Whcelin"-PiMbur,,h

Steel Corporation

In both para;;raphs

(1S)(f.l) and (13)(7), several references to parap;rap!'ls in nJles 3745-17-

1~ and -13 have been

deleted b~cause either

the .ources adclreS'led in

the parap;raphs have

been permanently sh ut

down or the parawalJhs

in those Nles have been

renumbered due to proposed changes, In which

case the chanJ;ed paraI{raph numbers have

been added to parap;raphs (S)(o) and

(13)(7). Also. in proposed rule 3745-17-13.

the requirements for several sourees at the

Whe",linR IllttsburRh

50081 Corporation have

been char1Red to b'"

mOre strin~ent than

those in the existin.": rule.

Paral{raph (B)(7) has

been chaMed to refer- ence the parawaph~

within proposed nule

;;174='-17·13 that contain

the more strinl(ent re-

~uiremel'lts al'lcl to

chani;8 the compliance

deadlil'le 'from "April 1,

19;13n to• not fater than

the effeetive date ot this

n,J1e,-

-17"05. (NondeRradatlon policy.) Thi.

rule, which consists of

only one .entence, has

been recommended for

tesdsMn bee~use it h~

been determined that

the rule i. no longera

necessary part of the Sta.te'~ air pollution control "ro;trar'l'l.

0$1/12/2007 10:06

6146445681 STATS

OHIO EPA PAGE 04/05

110. -17-07 (Control of

Visible particulate emIssions from stationary

sources.) New e"em,,-

tion$ from the 20

% and

60% o,,~eity limitations

have been added to this

proposed rule tor the

CINCINNATI ENQUIERER NO. 716 P.

3
((

SEP, 17,2007 10:45AM

kilns at the Martir'l

MariEtta M<l/;nesia Specialties, Inc. facility i,.,

Woodville. The company

has submitted Information that suppo rts the

need for start-uD and

shutdown exemptions

for any 1(;1" controlled

with a. baghouse to prevent. dama.:<e to the

ba/{bouse due to bllndinJ"; of the baJiS. The

<:ompar'lY also has submltted Information that

supports the noed fora start-up exemption for

any kiln controlled with an ESP to prevent

POSSible explosiOl'ls With·

in the ESP due to hi,l;h

eOncel1t1ations of com- bustibles resultinll

fron1 the lncomprete

combustion of coal or

petr'Oleu!l1 coke.

-17-0$ (Restriction of

emissior'l of fu~itive

dust,) In the exlstlnl1

rule, the blast furnace

and basic oxy~n furna·

ces at the AI< Steel

Corporation's

Middletown Worl<s are exempted Tram th" requirement to employ

reasotlably available control measures to control

t!'oe fURltlve dust emissionS from these sources In the Consent Order

that was er'ltered

ir'I the

Eutler County Court of

Common pleas on March ~1, ;/004, th", company

a,<:(reed that the exemptions would end after the

new controls wer",

Install"'d to comply with

the MACT st,'lr'ldards for

the irOl'l and steel

Industry- Therefore,

because tMe installation

of th", MACT controls

h<lS beel'l completed, the

exemptions il'l paraWaph

(A) (S)(b) of proposed

rule 374B·1 ,-OS have

he",n deleted, in accordance With the Consent

Ord"'r.

·17·09 (Restrictions on

particulate emissions and

odors from indnerators.)

The only chanli"es to this

rule involve corrections

to the citations at the

end oHhe rule of the

amplifvin~ and autborizin)( statutes.

-17·10 (Restrictlons on

partiCulate emissions

from fuel buminJ<: equipment.) The only chan,;:es

to thiS rule involve cor- rections to the citatiol'ls

at the end of the rule of

the i\MplifyinR and authorizinl:" statutes.

-17-11 (Re:l"t(ictiOns on

particulate emissions

from lnt;lustrial processCINCINNATI ENQUIERER NO. 716 P,

4
((\

SEP, 17,2007 10:45AM

es,) New RAeT req uirements have been added

to the rule for sul'face

coatln,ll" pro,esses

(paintinl:' ooerations),

Any surfaee coatiI',\';

process that is not ex- empted by this rule must

be contfolle<:l by means of a particulate filter,

watel"Wash, or equivalent

control device and must

comply with specific

work practices relatin,:: to the operation. maintenanee, repair at'ld

inspection of the control

devices. several exemptions have been provided

in the rule for small surface coati nil pro,esse•• Le., those surface cOating orocesses that would

>:eflerate minor to nep;li-

/lible amounts of coatin~

ove!'Spray. When these new RACT requiremeMs

become effective, Figure

11 and TableI of this

rule will no lonl<e' be app[icable to surface coatin?; processes, and, as a (esult, the surface coatin;; processes will not

have allowable partiw-

[ate emissiOn limita~ions.

-17-12 (Additional re- stl'ictiOfls on Particulate

emissions from specific

air contaminant sources in Cuyahoga County.)

The sig-nificant chanf!:es

to this rule are contained

in paragraph (I)- This

para/lraph spenffies

control requirements for

various sources at tile

Ford Motor Company, C[eveland Castin.!(

pi ant. Since the ori,!iinal

promulgation of this rule, a substantial /'lumber of

the sources identified in

paragraph (1) have been

permanen~y shut downAlso. in comolyin,\'; with

the MACr requirements,

the company replaced

two existiM cupolas with

new cupolas and rerouted the emissions Trom

several associated sources to different control

deviceS thM those men- tionel;! in existin~ PMIgraph (1), All the proposed chang-es to oara- graph (1) adoress the

SOi,lrces at the faCility

that have been permanently shIJt down and

the so urces that are now bein~ cOl'ltrolled with different control devicesAil of these proposed c~anR"es have beel'l a:- quested by the Compa.-

/'Iy. 09/12/2007 10:06 6146443~81 STATE

0"'[0 EPA PAGE DEi/OS

-17-13 (Additional re- strictions on partiCIJlate

CINCINNATI ENQUIERER NO, 716 P,

5
(((

SEP, 17,2007 10:45AM

emlsslorls from specific

air contaminant sOurces

in Jefferson County.)

Existinl[ para/iI<lpf!s (B) a.nd (D) of this r...le specify control requirements

for so...,~s at International Mill Service, Incor.

porllteo and Standard

Slot;; CompMY, respectively. These two paraI[faohs have been deleted because the two 1;001-

panies have been permanently shut down,

Tne other sil'nificant

cf!an~s to this rule co n- cern the Wheel in~­

Pittsburgh Steel

Corporation facilities located i,", Steubenville (exIsting paral[rapf! (E» and

in Mingo Junction (eXi~tinp; para.J:raph fl).

Several of the sources at

each of these facilities

have been permanently

shut down, and the company has requested that

the references to those sources be deleted, In

addition, the company

has reQuested that the

emission limitations

for several of the remaininp; sources at the two

facilities be changed. For some of the remainin;.

sc urces, the proposed

emission limitations are more strin)?;ent than the

exisMR emission limitations, and 1'0' othe' sour- ces the proposed emission limitationS are less

stringent.

-17.14 (Contin,:::ency

plan requirements for

Cuyahoga and Jefferson

Counties.) The term ,total suspended particulates·' has been deleted

from this ",Ie and re- placed with "PM10,- A new definition for PM10

has been added to proposed rule 374:;;-17-01.

In adoltlon to the abovementioned changesi'or

propose<;! rules 3745-17-

01,-02,-03,-04,-07, -08,

11, -12,-1;\ and -14,

those proposed rules also

include corrections to the

citations.-uthe end of the

rules of the amplifyin~

and authoriiin:e; statutes.

Pursuant to Section

121.S$l of the Ohio ~evised Code, DAPC was requ Ired to consl,rlt with

interested parties affected bytbe rules beforethe

DiviSiOn formally adopts

tr,em. OnApril 1'1, 2007, th~$" rules went out I'¢r a 30-day review by interested parties PUl"SuMt to Section

11$).03 of the Ohio Revised Code, a public

hearlnl[ on these rule

CINCINNATI ENQUIERER NO, 716 P,

6
(

SEP, 17,2007 10:45AM

~han.e:e~ will be conducted on Friday, October

19. 2007 at 10:00a...."

in ConferenceC at Ohio

EPA, Le:zarus Government Center, SO W,

Town Street, Suite 700,

Columbus. Ohio,

pursuant to PartD of Title I of the Clean Air A~t.

Ohio EPA i~ required to

establisha State

Implementation Plan

(SIP) for the attainment

and mainteMnce o'fthe

National Ambient Air

Quality Standards

(NAAQS), The abovemer'ltioned rules are a part of Ohio's SIP, ano

the proposed al'l'lendl'l1ents will be submitted

to USEI'A as

a modification of the SIP. The

above-meMJoned hearin$: ~hall be con~ldered

th" public h"arJn.e: for the

SIP submittal.

All Intere~ted p"rsons are entitled to attend or be

repr"sented at the hearIn;; and Rive written or oral oommcnt;; on these

rule chanl[es. All Olal

comments presented <lot

the hearl/"1i{, and all wrlttCl'l statemc:nts submitted

at the hearinfr or by the

clos" of btJsin"ss on Friday, October 19, 2007

will be considered by

Ohio EPA prior to final

actiOn on thi~ rul". Written statements submitt"d

after FridaY. October 19,

2007 may be i;onsidered as time and circvm~tan'

ce~ oermit, but will not

be Dart 0'1 the official 1"8-

cold of the hearin;:,

These rules are available

011 the OhiO EPA DMC

Web P?p;e for electronic

downJoadini{ by r1ickini{ on -rep;ulations" under

th" "tOPics" drop-down

box. TheURL is;

http://www.epa.state,oh .usld<'JPc/re}ls!re£5. html.

Once at the \'I!ebpa;:e,

pl"ase ~croll down to the

infon-nation dated September 12, 2007 under

the heading- for OAC

chapter 374:5-17.

Ql,lestions rep;ardin."; ,acCBSSiJ"R; the web Sit"

should be directed to AnuMe Niarnlarb at

1514-725-1342, Other

Questions or comments

abol,lt these rules should

be directed to Jim

OrlemaM as follows: by

phone -614-644-3592;

by e-mall- iim.o~lemanna@epa.state

.oh.us; or by re.e:ular mail

James A. OrJemMn,

Ohio EPA. DiviMn Air

Pollution Control, Lazarus GOVGrJ" m"nt Center.

CINCINNATI ENQUIERER NO, 716 P,

7
(

(

(

SEP. 17. 2007 10:46AM

P.O. Box 1049, ColLIIT1-

bus Ohio 4S216-104S!.

Persons ~ubmittin£' comments electronically are encoura~d to follow-up with a natO copy via reg-

!,liar mail.

9901;l0/12001;l;5B

CINCINNATI ENQUIERER NO. 716 P. 8
(((

PUBUC HEARING

01lIo IElMronment.a1

PI'otedJon Agency

Five·year Rule Review

of Ohio Administrative

Code (OAC) Chapter

3745·17 (OAC rules.

3745-17'01, -02, '03, '04,

-os, -07. ,08. -09. ,10. -11,

-ll, '13, and -H)

Notice is hereby given

that the Ohio Environmental Protection

Agency, Division of Air

Pollution Control (DApC)

has performeda review

of the above-referenced

rules primarily to satisfy

the requirements of Sec'

tion 119-032 of the Ohio

Revised Code (ORC) for a five'year reView. The

DAPC has determined

that OAe rule 3745·17·05

is no longer necessary

and should be rescinded

and that OAC rules

3745-17-01, -02, '03, -04,

-07••08, ·09. -10, -11, ·12,

·13, and ·14 are neces· sary and need to be

amehded_ The following

'briefly summarizes the

'plVposell reviSions of

the rules within OAC

Chapter 3745·17:

-INI! (DefInItions.)

New definitions have

been added to the rule

for "OPEA" or ~Ohio EPA,

"PM2.5." and PM 10."

and the definition for to·

tal suspended particu·

lates" has been added at

the end of the rule to ful·

fill the requirements of

ORe 121.72

-11"Z (Ambient Air

quality standlU'd5.) The

current NAAQS for

PM2.5 have been added

to the rule.

·17-83 (Measuremellt metllodl and procedlires.) As a result of the

proposed changes to

paragraph (1) [for ford

Motor Company, Cleveland Casting Plant] of

rule 3745·17-12 and the

proposed changes to

paragraphs (B) [for In·

ternational Mill Service,

Incorporated], (0) [for

'Standard Slag Com·

pany], and (E) and (f)

[for Wheel'lng-Pittsburgh Steel Corporation] of rule 3745-17'13,

the compliance method

paragraphs in this nile

that relate to those proposed changes have

been updated. -17-04 (Compliance

time SChed ules.) Paragraph (8)(6) of this rule

specifies the comp liance

deadlines for sources

that are subject to the

requirements of existing

rUle 3745-17-12 and

paragraph (B)(7) of this

rule specifies the compliance deadlines for sources that are subject

to the requirements of

existing rule 3745·17·13.

The proposed changes

to paragraph (B)(6) re- late to the Ford Motor

COmpany, Cleveland

Casting Plant. The pro·

posed changes to para·

graph (8)(7) relate to

the hlternational Mill

Service, Incorporated. Stai'ldard Slag Company, and Wheeling-Pittsburgh Steel Corporation.

In both paragraphs (B)(60 and (B)(7), sev·

eral references to para·

graphs in rules

3745·17·12 and -13 have

lO"d 9v:ll lOOZ II d8S
(((

been deleted because

either the sources addressed in the paragraphs have been permanently shutdown or

the paragraphs in those

rules have been renum- bered due to proposed ,changes, in which case the changed paragraph numbers have been

added to paragraphs

(b}(6) and (8)(7).

Also. in proposed rule

32745-17·13. the reQuirements for seve ral sources at the Wheeling-Pittsburgh Steel Corporation have been

changed to be more stringent than those in

the existing rule. Paragraph (8)(7) has been

cha~ed to reference

the paragraphs within

proposed rule

3745·17-13 that contain

the more stringent re- quirements and to

change the compliance

deadline from "April 1.

1993" to "not later than

the effective date of this

rUIe,-

-17-G5 (Non-DeoradatJenPolIcy.) This rule.

which consists of only one sentence. has been

recommended for reeission because it has been

determined that the rule

is no longera necessary

part of the State's air

pollution control program.

-INI7 (CGntrol of vislblepartieulate emlss1e1lS from stationary

sowces.) New exemjr

tlons from the 20% and

60% opacity limitations

have been added to this

proposed rule for the

kilns at ttle Martin Marietta Magnesia Specialties, Inc., facility in

Woodville. The company has submitted information'that supports the

need for start-up and

shuttlown exemptions for any kiln controlled

witha baghouse to prevent damage to the baghouse due to blinding of

the bags. The company

also has submitted information that supports

the need for

a start·up

exemption for any kiln

controlled with an ESP

to prevent possible ex- plosJons within the ESP

Due to high concentrations of combustibles re- sulting from the incomplete combustion of coal or petroleum coke.

-170418 (Restriction of

emlssioil of fugitive

dII5t.) In the existing

rule, the blast furnace

and basic oxygen fur- naces at the AK Steel

Corporation's Middletown Works are ex- empted from the re- Quirement to employ reasonably available

control measures to

control the fLigitive dust

emissions from these sources In the Consent

Order that was entered

in the Butler County Court of Common Pleas on March 31, 2004, the

company agreed that

the exemptions would

end after the new con- trolS were Installed to

comply wIth the MACT

standards for the iron

and steel industry.

TherE!fore, because the

9v:TT LOOG LT das
(

installation of the MACT

controls has been com- pleted, the exemptions in paragraph (A)(3)(b) of proposed rule

3745-17-08 have been

deleted, in accordance

with the Consent Order.

·17·09 (Restrictions on putidllate emissions

and OcIars from IncineratoIsJ The only changes

to this rule involve cor- rections to the citations

atthe end of the rule of

the amplifying and

'authorizing statutes.

-11-10 (Restriaions on particulate emissions

front fuel bIIrlllnll equipmentJ The only changes

to this rule involve cor- rections to the citations

at the end of the rule of

the amplifying and

authorizing statutes.

-17-n (Restrtc:tlons 011 partfciolate emissions fr.m In4Iustrlal proc- e....) New RACT re- quirements have been

added to the rule for

slIrfa.ce coa.ting proc- esses (painting operations). Any suliace coat·

ing process that is not

exempted by this rule

must be controlled by means of a particulate

filter, waterwash. or equivalent control device and must comply

with specific work practices relating to the op· eratlon, maintenance,

repair. and inspection of

the control devices. Several exemptions have

been provided in the

rule for small surface

coating processes. Le.•

those surface coating

processes that would

generate minor to negligible amounts of coating overspray.

When these new

RACT requirements be- come effective, Figure J1

and TableI of this rule

will no longer be applicable to surface coating

processes. and as

a re- sult, the surface coating

processes will not have

allowable particulate

ernission limitations.

-11-12 (Additional reo stiictIons on particulate

elllilslons from specific

air cent.mlnant sources In Cay.oga County.)

The significant changes

to this rule are con- tained in paragraph (I).

This paragraph specifies control requirements for

various sources at the

Ford Motor Company, Cleveland Casting Plant

Since the original prom·

ulgation of this rule,

a substantial number of

the sources identified in

paragraph (I) have been

permanently shut down.

Also. in complying with

the MACT requirements,

the company replaced

two existing cupolas

with new cupolas and

rerouted the emissions

from several associated sources to different con- trol devices than those

mentioned in existing

paragraph (I). All the

proposed changes to

paragraph (I) address

the sources at the facility that have been permanently shutdown and

the Sources that are now

being controlled with

different control de- . .. . .

9v:TT lOOe IT d8S
((

vices. All of these pro- posed changes have

been reC(uested by the

company.

·17-13 (Additional reo strldJons 011 pardeUlate e........ from specific aIr~soun:es

in JIfterson Colmty.) Existing paragraphs (6)

and (0) of this rule spec- ify control requirements for sources at International Mill Service, Incorporated and Standard

Slag Company, respectively. These two paragraphs have been deleted because the two

companies have been

permanently shutdown,

The other significant

changes to this rule con- cern the Wheeling-Pitts- burgh Steel Corporation

facilities located in Steubenville (existing paragraph (E» and in Mingo

Junction (existing para- graph (F». Several of

the Sources at each of

these facilities have

been permanently shut

down, and the company

has requested that the

references to those sources be deleted. In

addition. the company has requested that the

emiSsions limitations for

several of the remaining souree at the two facilities be changed. For some of the remaining sources. the proposed

emission limitations are more stringent than the

existing emissions limitations. and for other sources the proposed

emission limitations are less stringent.

-11-14 (contingency plan requirements for

C.-yllloga and Jefferson

e-tles.) The term "total suspended particulates" has been deleted

from this rule and re- placed with "PMIO." A new definition for PMI0

has been added to proposed rule 3745-17-01.

In addition to the

above-mentioned

changes for proposed

rules 3745-17-01. -02.

-03, -04 -07 -08. -11. -12, -13 and -14, those proposed rules also include

corrections to the citations at the end of the

rules of the amplifying

and authorizing statutes.

Pursuant to Section

121.39 of the Ohio Revised Code. DAPC was required to consult with

interested parties affected by the ru les before the Division formally adopts them. On

April 11. 2007, these

rules went out for

a 30-day review by interested parties.

Pursuant to Secti on 119.03 of the Ohio Revised Code. a public hearing on these rule

changes wi II be con- ducted on Friday. October 19, 2007 at 10 a.m. in

ConferenceC at Ohio

EPA, Lazarus Government Center. 50 W.

Town Street, Suite 700,

Columbus, Ohio.

Pursuant to PartD of

TitleI of the Clean Air

A.ct, Ohio EPA is re- quired to establish a State Implementation

Plan (SIP) for the attain170"d 917:11 lOOe l1 das
((

,ment and maintenance

of the National Ambient

Air Quality Standards

(NAAQS). The

above-mentioned rules

area part of Ohio's SIP.

and the pr0p'0sed

amendments will be

submitted to USEPA asa modification off the SIP.

The above-mentioned

hearing shall be consideredthe public hearing

for the SIP Submittal.

All interested persons are entitled to attend or

be represented at the

hearing and give written or oral comments on

these rule changes. All

oral comments presented at the hearing.

and all written statements submitted at the

hearing or by the close

of business on Friday.

October 19, 2007 will be

consldere<l by Ohio EPA

prior to final action on this rule. Written statements submitted after

Friday, October 19. 2007

may be considered as time and Circumstances

permit but will not be

part of the official re- cord of the hearing.

These rules are available on the Ohio EPA

DAPC Web page for

electronic downloading by clicking on "regulations· under the "topics· drop-down box. The URL

is

http://www.epastate.

oh,ys/dapc/regsLregs.

btmI

Once at the webpage.

please scroll down to

the Information dated

September 12. 2007 un- der the heading for OAC

Chapter 3745-17.

Questions regardi ng

accessing the website

should be directed to

Arunee Niamlarb at

614-728-1342. Other

questions or comments

about these rules should

be directed to Jim Orlemann as follows: by

phone 614-644-3592 by

email iim,grlemann®epa.state ; or by regular

mail James A. Orlemann.

Ohio EPA, Division Air

Pollution Control. Laza- rus Government Center.

P.O. Box 1049, Columbus, OH 43216-1049 Persons submitting com- ments electronically are encouraged to follow-up

witha hard copy via

regular mail.

Published in

The Repository on Wednesday. September

19,2007.

Fax to: 614-644-3681

Attn: Paul Braun

To run Wednesday

september 19, 2007

l1Iankyou

Jeanette

Legals

11te Repository

330-580-8400.

SO"d
09/12/2007 14:23 7403735251 MARIETTA TIMES PAGE 01

ID4t iWtarittta Wimtn

W'MV.MarieffaTimes.com

P.O. Box 635,700 Channel Lane; Marietta, OH 45750. (740) 373-2121 or 1-800·531-1215

(

TRANSMISSION

Date: q 11-t/c7 ~: /;,. I?ill,

To: --~~Pl??d 4~,-==-..:--=--- __

Company: ~. E/J/f.__

Phone: ~--._-----

Fax: ~/¥ - C;~

From; ~,~ Department: J(e~

Phone: 7i'0 - j '7~ -.J-:4.J3

Fax: (740) 373-6251

e-mail:------,

# of poges (inclvding cover):

Messoge: e~~~-d

ad Z;;/t:U:~.: o/b4b1. ,

VL;; ~~ifa& ;P¢:1~

()A(!~ .57//S:-/7,

_..~, -'-' ,--~-"----_._-,~-

Read by over 30,000 people daily

The Marietta Times primary

Designated Market

is Washington County

To start your

home-delivered subscription

call (740) 376-5400

To place your classified ad

call (740) 376-5433 or

(740) 376-5431

For advertising information

c;all (740) 376-5432

To place news items in our paper

call (740) 376-5445

For information about our Web site

call (304) 488-6424

( IDll.e fflflttrittta Wimes

www.MariettoTimes.com

"Oi-If WV!'i'Vvu-ln/u'j is whnt Wt-:; 'rp. all r,abt)(,rr"
09/12/2007 14:23 7403735251 MARIETTA TIMES PAGE 02

(

(

ADNo: 183058 Customer Number: L19185

Customer Name: Company: OHIO EPA 2007

Address: HEARING CLERK PO BOX 1049

City/StlZip: COLUMBUS ,OH 43216-1049

Phone: (614) 644-2129 Solicitor: LS

Category: 5 Class: 5 Rate: LL-O Start: 9~14-2007 Stop: 9-14-2007

Lines: 430 Inches: 41.83 Words: 1701

Credit Card: Expire:

Order Number: 5 YR. RULE

Cost: 840.18 Extra Charges: 5.00 Adjustments: .00

Payments: .00 Discount: .00

Balance: 845.18

--------_....._-------------------------------------------------............,........."-_..._-_..._-.--.....__.........._---------------------..........,...........

Pl.lbllr;: Hooarlng

Ohio Environmental

Prot~Uon AgiIlney

I'l~-Yo~r Ru]o I'lovl~w Of

Ohio Admlnltltrotlv~ COdO

(OAC) Chaptjlr 3745-17

(OAC mllta 3745-17-01, -02,

-OS, '04, -05, -'17, -08, -09,

010 -11 -12 -13 am -14)

Notice is h~rby' given that

tho Ohio SnVironmental Prot,,¢lion Agency, Division of Air

Pollution COntrol (DAPC) haB

perforrrod a review of the

abOVlNaferal'lCad rules primarily to satiSfy the requirements

of Section 119.032 of the Ohio

fi<!Jvis19d Code (ORC) for a

riw)·yanr rovlaw. The DAPC

M& dotorrn'lnod tMt OAC rul"

3746-17-00; Is no longor nooa(lMry nnd BhOl,lld b'" I'tIBclndecl

Ilnd Ih~t OAC rlliea

3746-17-01, -02, -~, -04, .07,

-08, -Oil, -10, -11, -170, -1a.

and -'4 are nece&&ary "nd

need to be amended. TI1A 101-

lo"";ng briefly summarlzM t!'ln

proposed revi~lon~ of th" rutM

within OAO Chapter 3745-17~

;>0 -17-01 (DIlflnltlOl18.}

New defin~ionB have been addod 10 lho nJla lOr "O~PA" or

"Ohio EPA", "PM2.5,'· and

"PM10;" Md the definition for

"tolel t;ut;p.."d.,<;l p"rli""I~k' .•"

h3~ beon dolCltod, Also, an

Inco rpor"t 10 n-by·rOfe ren ce

~flctl(ln hAG b~on l'lddM 81 tM

end of the rule to lulll111h" ra·

qulMmente 01 ORe 121,72, > -17,,0:1 (Ambl..nt IIlr qUl~J1ly

Btllndllrds.)

Thl;! cur~1'\1 NAAQS lOr 1='1'.12,5

have been adQt,d I" tho rlila.

:> -17-00 (Mol'I)UrOmMl

mllthods lind proojl(jur/)I).)

As a result of Ihe Prop¢Mcl

changes to paragraph (1) (r<:or

Ford Motor Company, Cleveland ~Bting Plant) of rule

3745.17·12, end tM proposed

ohangee 10 PllrO{lraphs (B) [for

Intematlontll Mill $(lrvic~, In·

corporated), (D) [10' $tlllldard

Slag Co~any], ll1'\d te) and

(I') [lor 'M1Bellng-PltI ~b\JrQh

Steel Corporation] 01 nil'"

3745-17·13. the oon,:.lltln¢o

1'\'IQlh«l Ptlmgraphs in Ihls rule

Ihl!:l rDI~IEJ to t hose proposed

<:hangea I'IovQ boon updated.

>-17·04 (OOmpllllnce time Aet.dut81).)

ParagrB~h (S)(S) of thie rule

spscifies the oompli(lf'l¢(> dead·

linae for soureM Ihl!.1 om "ub.

i"l¢t to the requlrementtl of /l~.

istlng rule 3745·17·12, and

PAGE: 1

I

i

.1
((

09/12/2007 14:23

AD#: 183058

pAro'grAph (8)(7) of thl~ rul~

specl!les th.. cO"l'lIanc.. dead·

lines for soUrces lhat ars st.llj·

joet to 1M roqUll'Oment~ of ex1~t1MO rlJle $740-17-13. The

propoced ohllngec to psrsgr"I''' (S)(e) r"rat" to 1"0. Ford

Motor Company, GI..veiand

Casting Plent. The proposed

change!> to paragraph (al(7)

rerste to the Internetlonel Mill

Servioe. Inoorporated, Stendard 81ag Co"l'any, and

Ymeeling-Piltsburgh Steel Cor'

pOl'~tion,

In both paro(lraphs (B)(6)

snd (8)(7), Reversl refp.renoeR

to pllrDgraph~ In rulM

~74S-17-1~ end -1~ have been

deleted because ellher the

sources eddressed In the

paragraphs have been permanently shut down or the

paragraphs In those rLiles heve

bean renumbered dLie to propo8~d changos, in which CaS"

the ch,mged paragraph

numbOm M.vo been I1dded to

parl'll'rophs (8)(6) and (B)(7).

AI~o. In propoaM rUl'"

:)745-17-1S, tho wwimr110nls

for ",evl!or,,1 ",oUrO"'''' "I Ih"

lMleellng-PlttBburgh Steel Corporation have ~en chan!leo:! t<:>

be more atringent than those

in the "Kisling rule. Paragraph

(8)(7) has been changed to

referenCE! the paragraphs

Within proposed rule

:>745·17-13 that contain the

I'l"IOI'O stringont rsquirnmanls

",no:! to ohan!;lo tho cOllipliMce

doae/lino from "April 1, 1993" to

"1'10\ I"t",. th~n th~ "Ifectiv..

date 01 lhls rulo," >-17-06 (Non-dogrIlCllllion

polley,)

'This rula, whleh consists 0/

only 011(1 Q(lntoneo, has been

recommended lor '''''''oiMion

because It h(l~ b¢on dotor"

mined that the rulo is no longer a n/lCAr-sllty PM of the

State's air PQllutlon control

program. > -17~7 (Central of vlalblo

plIl't!cl.lhd" ..mls"lon trom

~tQtlooory &cur~,)

e~emptioM from the 20%

and 60% op~eily limitBtions

have boon I:ld<:/od to this pro·

posed rule for U"1!0 kiln;, nl Ih",

Martin Marietta ~9M~IB

Speclailles, InC, faelllty in

WoodvinB. The company' hM

SUbmitted Information that sup·

porta the need for starl-ul' (lnd

shutdown exefllllions for any

kiln controlled witha baghouM

to pl'Ovont damage to the begho\,lso!! duo to blinding of the

bags. TM company alao has

~ubn'lillger information that supports Ihe nnoo for a IBrt.up

exemption for (lny Kiln con'

trolled with an ESp to pmvent

poss ible explosions v4thln Iho

Esp due to high cona"nfrn.

lions of combustibles res ultlng

from lh~ inco"l'lete combuslon

of Oall! I;Jr p"'troleum coke. > ·17~ (AIIA1r1otIQl'l Qf "mleilion d f~tlve Qt.)

In the BJClstlng ru~, 1M blast

fuma"" and basla Ol(Y~M fur.

nOOM (It the AK Steel

Corporation's Mi~'",IOWn

7403735251 MARIETTA TIMES PAGE 03

PAGE:2
(

09/12/2007 14:23

AD#: 183058

Works are exampted from the

reql)lrA~nt to employ rea·

.0nFlbly available control

mIl!mum!! to oontrol tho fugi1,'0'''' du.l eml6.io". from Ihe.e

sources In the Consent Order

that were entared In the Butler

County Court of CofTYOOn

Pleas on Merch 31, 2004, the

oOmpll"y Mreed that tM exOnlpllon6 wOuld ¢"d tlft"r thl)

new controls were Installed 10

corrpfy with the MACT !ltandards for the Iron and ~teellndustry. Therefore, becau.e the

I""tallntlon of t~'" MACT o':mtrol.. t"•• been oompl"led, the

exerTlltlons In paragraph

(A)(3)(b) of proposed rule

3745·17-08 have been deleted,

In accordanM With tM ConMnlOrder, > -174l9 (Relltrlellonlt 0t'I pnrtleul",t", emlsslOllll and odors

from Incine'at«a.)

The only changes to this rule

involve COm,ct ions to the elta·

tions til the end 01 the rule of

the amplifying and authorizing

statutes.

,. -17-10 (RuetrletlOfl6 on pI!Irt!l~\lIBte emlsBl1lnil from fuel

bUrnlng equIprnent.)

The only changes 10 thla rule

Involve corrections to the ollstions at the end of the rule of

the amplifying and authorizing

statutes, > -17-11 (RGstrletl_ on partioullllo omlllRlO/'lll fr<lll\ Industrllli pr"""asoa.)

New RACT requll'tll'rlenlt; hev",

been added to the rule lor ..urface coating processes (painting operations). Any surface

ooating process thai Is not exempted by this rule muet

controlled by means ofa partl"

cUlata filter. watelWBsh, or

equivalent control davlca and

mUat comply with specillc work

praetieee r"IRling to the operaticm, mElintl3nanoe, repair. and

,n"p"ol ion (If the oontrol devloe•. Sev<;lrnl (,lXClmptioM haVe

b(lf,ln provided In tho rule for

small !lurll!Q~ et:!(\lIng

prooense~, 1.0" lhos", surface

cosllng J=lrQOOMM th€lt would

generat" mlM~ Ie;> n1'!;lligil;ll~

amounts 01 coatl"g OV(l(~pray,

When th"~,, new RAe, requiraments bacom;l elleOllvo,

Rgure II and Table

I of thie

rule will no tonger appliol'lble

to surface coating proeel!;oel!;,

and, aea reault, th" sur/aoo

conting processes will 0':'1

r.(!VO nllowtlble particulate ern- Igllion lIm1tl'lliontl,

:> -17-12 (AddltlOl1t'tI feetrlotlOl1ll on pllllrticuintil Am16-

slOllll from 8peollte nlr oontanllnant Bwrce8 I" Cuyl'hogil COUnty.)

Th" llignifieMt chang"s to thlr.

rule "m contained in paragral'h

(1). Thl$ pMngraph specifies

control requlmments for various BourOOIl Ilt 1M Ford Motor

COrT1Jany, Cleveland CIlslinQ

PlIOi'll. Since th" original

Promullll,ltlon 01 this rula.a

substantial nllmbr:or of tha

sources Identified In pl,lrRgraph

(1) have been pormn.nQntly

.hut <:I<;JWI1. Also. In corrplyln"

7403735251 MARIETTA TIMES PAGE 04

PAGE:3
(

09/12/2007 14:23

AD#: 183058

with II'." MAar r"qulremont!>,

!he ~ort'pl1~y rl!lpl.!l~l!ld I'NO exIctlng cupolas with new cupolall and rerouted the emissions

from ~l!vp.rR.1 BRROclBI8d

!lour""" to dlfforent oontrol

.;J"VioM 11'.,,1'1 11'10"" monliol'll!ld

in I!lxi~tln9 ~arllgrllph (1). All

the proposed Changes to paragraph (1 J address the 80umM

Bt the facility that have been

permanently Shut down and

tM soureM thai ~rO now boin~

conlrolh~d with dif"r~nl ~l;Intrl;ll

i;lovicM, All 01 tho~o propoGo(:i

ohM;le~ h/.lve boel'l requ.!lsted

by thl! Gofr1)Any,

:.. "11-13 (AdrlltlDnllI restrlotlons 00 partloulsb. emlaalOl'l!l 'rom al"'Cl fie 81 r contaminant Bources In Jefferson

County.)

EJ(Ir.tlng paragraphR (8) Bnd

(D) of this rula specify control

requirements for sources at

'ntem..tion..1 Mill Service, Incorpor..ted ..nd St..ndmd SI..g

CQmpony, r'Ospoctilioly, llios(l

two Pllrl:111r/.lphG h(lvo been

daleted because the two oompanies have been permanently

shut down.

llie other slfnlflcant

changes to this rule concem

Ihe Wheeling-Pittsburgh Steel

Corpiration facilities locsted In

Steubenville (existing psragraph (E) and In MIngo Junction (e)(lstlng paragraph (F)).

Several of the sources at each

of these facilities have been

pormEln9l'ltly shut down, and

11'10 oompMy haG roqueGted

In,,1 Inc referances toIhose

sOUrtos

M deleted, In addillol'l, 1M QOmpMy hM ra"

Quer.led Ihat tho qUMtM Ol'n-

'M'on !Im1t~llons fQr $Ovoral of

the rtlrtlQlnln~ ~our¢oa "I tho

tIM) '1!l~llitle!l beOh"n!;1(l~, Fl;If

!lome 01 Iho r<lmo.inlng

sources, tha "roJXl~ed ernls- 6101'1 IImltatloM I!lre morel ~trlngAnt 11'1111'1 t~'" 1!l)(1~t1n~ 'linlaalon limitation!>, nnd for "t~"r

sources the propo!led emi~­

slon limitations are les8

ilWngonl.

>-17-14 (Conlll'lglllncy ilion ru- quiram.tIt" for CUyAhogA 1100

Jeffersoo CaunlfftS_)

The tal'm "tolel ~u~p~r'II:l..d

partlcultates" has been deleted

from this rule and replacad

O\ith "PM10."A new d8f1nlllon

for PM10 has been fldd~d 10

proposed rule 3745-17-01.

In addition to I".. above·mentloned chal'l~/)~ fOr

proposed rules 3745-77-01,

-02, -03, -04, -07, -013, -11,

-12, -13 and -14, those pre>-

p¢M(l rules slso includ/!l

cOrroctions to the citetlons at

tM "'ni;ll;lf Ihe rules 01 the ampllfylnll "n(! tlUlhorizing staMeG,

PU/'$uo.nt to Section 121.39

of thA Otllo /'levi!lgd Code,

DAPC WI!l!l roervired to consult

with Interested psrtlell "lfMI"d

by tho tuloil before the Dlvlslo,., for_III' tldoptG thorn. On

April 11, 2007, Ihe~o rules

~nt out fora SQ.-day rovlnw

by IntMMI!I(! parties,

PUr!lUAnt 10 Section 11 9.03

7403735251 MARIETTA TIMES PAGE 05

PAGE;4
(

0g!12!2007 14:23

AD#: 183058

0;:>1 the Ohio Fll!lvllll!ld Code,a

pUbllO hearlns on theBe rule

ehM;Jea will be conducted on

Friday, October 19, 2007 !It

10:00 a.m, in COnferl;>ncr,l C!l!

Ohio EPA, La:!!lru~ (;6v",rn"

ment Center, ~O W, Town

Strr;:o(, SUII!'! 700, Columbus,

Ohio,

Pursuant to PMD of TItleI

of the elMn Air Aet, Obi" EPA

is roquirod 10 Mll:\blloh" Stoto

IfTl)IementEltion PI"n (SIP) (or

thf.! t;lItBlnmenl and malntenlln,o of tho National Ambient

Air Quality Standards

(NMOS). 1118

above·rMntionad rulM MO 11 ",,,n 01 Ohio'~ SIr:', I'lI1d Ihe

proposed amendment. will be

submllted to USEPA as EI

modification o( the SIP. The

above-mentioned hearing shall

be considered the public hearIng for tile SIP submHtel.

All Interested persona Elre

entitled to sttend or be

represented at the hearing and

give wr~ten or ami camments

on these rule chElnge8, All orElI

comments presented at the

h"l'Irin~, "nd J;lll writll7ln 8tElteI'I'lOl'Ito ~ubn'll!tod!,lt thi:' hOMing

or by the cloao of buglness on

Friday, October 19, 2007 will

be considered by Ohio EPA

prior to final action on this

rule. Wrllten ~t ...t"''''''nt~ 8V!;>-

mined s(l"r FrldOy, Oetobor

H/, 2007 rMV be eoMidol'Od

as limP. end olreU/'l'I$tl'\rlOM

/:Jllrmlt, bUI will n<:lt be part of

tho ollioll:\l rooord 0/ tho hoaring-,

ihllllll rule!! are I:\vtllJllble On

the Ohio EPA OAPC WOb PI:\\'jo

for electronic dOlMlloadlng by

clicking on "regulations" under

the '10pics" drop-dolMl bo~.

Tho uRI.. ;8;

hl!p:Ilwww.......Mt!.lla.~

OmpO(roMIro.\l!l..h.tmI.

Onoe III the 1Nebpage, please

l:croll dOIMl to Ih8 inrOrmRtion

dllt,.,d Soplo/'rl;)sr 12, 2007

un"'lIf th,., heading for OAe

Cl'!aptor :3745-17.

QI,IOGlieM regarding access'

Ing the web site should be

dl""ct~d to ArunM NiarnlElrb at

S14-72S-1 S42, Other questions

or co~nlt. ,.,bout thlJ.~f) wles

should be directed to .,JIm

Oriemann as followe: by phono , 614-544-3592: by e,rriall -

Jlm,Qrjll!Tlann@epe stal.e...QtuJil'.:,

or by r09'ul"r mRil• James A.

Oriemann, Oi'llo E"A, Division

Air Pollution Control, L"~Q1'US

Government Center, P,O, [;lQX

1049, ColumbuA, Ohio

43216·1049. Pe~on~ t.ubmltting comment" Qllletronieally

EIre encouraged to follow-LJp

""tha hard coPY via r"gular

mail.

$oPt. 14, 2007-1T-F,i.

7403735251 MARIETTA TIMES PAGE 05

PAGE:5
637 Sixth Street

P.O. BQx581

POrt8IDouth, OR 45662·0581

Phone: 740·353~3101

Fax: 740,353·7280

Fax

To: Pau] Braun/Ohio EPA

Fax No. 614-644-3681

Phone No.

Re: 9/13 Legal

TH}~ PORTSMOUTH

DAIl,V TIMES

From: Amy Hazelbaker

Pages: 3 (inclu.ding cover sheet)

Date: September 13,2007

cc:

o Urgent o ForRev:iew o l"lea~e Cl'lIIiJllCnt o flea~c Reply 0 :Plca~e Recycll;!

(

\

,<

,

Message:

Please find enclosed, per your request, a copy of September 13th ad that you had

:r:equested be sent to you for proof of publication,

Thank you,

Amy Hazelbaker

PDT Business Manager.

Phone: 740-353-3101 ext. 213

LGC
-17.0$ :'.. .'

(Non-degrlldallon "Illlcy,)

Thill rule" whlr.h COl1'll181S iJI

only one !lBnt6nc~, I'l~! been·

recomrn~ijd lor 1'I!I~~!lon'

beCQu~ It htl'~ Il&en detBr'-

m"""d th~! the i~~ 18 no lon!l(!r

.;!I neeesSaty part ollhe $tol,,'.

atr pollution corrtrol pragr.lm.

~tandard SleQ Company,} and

(E) an<! IF) (tOr Wht!<llln(tf'lttsburgh St~i;" cor~orstlQnl

of rukl3145·1?-13, 1he ~omplIano~ mlltMd ~eragt~ph. In

lhl~ ,ule Ihal rel~tR to !Mss

proposed chBn9~~ heve been.

up~!\ted,.

-11.04 (COmlllblnCCl lime

sohCldlJles.)

P!I!gt'!.~h (El}lS) 01 thle rule

!p!!cllles Ihe compliance dll.dIIne~ ror Bo~'t~8 Inat ar'! ~l!~

i~c! to the I\'Iqulremems of

exl9tlng·IUI& 3745-17·1,-, ~rrd

..n"'gl;!l~h (~)(1) of Ihl" lUIe

.pt!eIRea too CQ,,"p1IMce !lead·

linea tor souro.~ Ihat are sub·

Ject 1<:> 1M iitquJremenls

e~l~tlnlfrute 3745-<'17-1$. TM.

p,ofltl~&d ~nan\le8 10 p.'3-

'1r!ph (EI)(a) reletR 10 the For~

Motor Company, Clll\l~I!M

Casting !"Iem, nil ~opO!lEd

'changes to p~r3gr!ph (B)(1)

relallilo lhe.lntemnllonal Mill

Service, Incorporated. ..

Standsi'd Sl~g Oompany, snd

WhBllllng·P~tebUi'9h 5te81

Ctlrptlr;!,llon,

PUI!IUC MI!ARING

01'110 IiNVIRONMENTAl

~ROTECT10N AGENCY "IV!!-· Y~AR RUllO; ReV/I'!.W OF

.

OHIO ADMINISTRATIVE

CODE [OAC) CMAP1ER'

:J7~17 (OAC RULES 3745-

17·01, '92, 'lJ:J, -04, -0$, ·07, - .

08. -ll9. '10, -11. -12••13,

·AND-14)'

NOlleR }. Mllib~ 'glvon Il'I!t the

01'110 Environmental

f'rotectlon~Agency, DMslon'Qf'

Air !"olJullon ComrDI (OAPCj

h~~ performed !\ r~vleV/ or tl'lCl

3bOVg·J1l!s""nced rulg~ prlm!rlIy 10 ~1I11~ly 1M ro~uiremenls ...

, 01 Section 119.03:1. onne Ohlll·

'Revl!ed C!l:de (OFlC).fdr 8->:.:

flve-year review. 1'I1e·OAflC .'.'.,'

lIae determined lflat OAe rute

·3745·1(·0$ Is no lonQllr neJi\'l~­

aary and should be rB'JClnd~d

<'Ind lh~l OAC 1T,l1",. 3745'17~ ."

·,01, .02,·03, ;04, -07, :OB,-09':..;

-to; .n,.':1.2; '13,l!1ld -14 are ,';'

neCBsBa!Y' and' naed 10 be .,;. :"'.::1 'In 'bOlh llamgr'pnt. (B}(6) snd

·amend!KI, The following blfeffy '.:.[B)(1), a8v(or~1 iMer!n~8 ID

~umrn.rl~ils Ihfl·pi¢po.1ld ~-.I 1l"""g,.ph"ln rules 374$-1;,

sions of Ih~ (ules. Wltltln OAe' :.\ 12 ~nd· -IJ·nave been d.I~IOd :,Chapter .' . ,. . .'.,.: because 8hher thq soUn:S8

3745·1~:": addrnsslld 1111110 pOl'llgrapns

..., have b~n pOtm3nenlly snUl

.1,,~1 (~tnll'lkll\.):: ,;."::: '..doWn or tile par!graphs In

New dil1ln~lotl$ hllve t>~rI·:".,:. thOse rul~ n!ve bean ranum- added to tho riJ101l rO~·~DEF'A· or'· bered du~ 10 propossd .

-Ohio ~PA:' "Fltit'2k'lIn(! ..'...:..... ':.: .ohangee, In which c~e Ih.

'PM'10," and llie.d~ln/flolT fDr;..:': ~hllnged 'piJragrsph numbtll'!l'

'.'jolal SIlsQBrided panlcu18la' ,;::i have ooen er,li;led I¢ pOfll9ra~h

~i beendetet&d, i\lGO,;al'f,:.'i,i::>':· .(e)(6) and (!!){7.). IneO~r~1ltlri"~i-~Alt/ln6!l:~~,:.,

nDn nas b&en Il.!lded·e.t th&eillj.::: AI~o"in llrcll08ed nJle 374~·

01 I~e rula to WiM'iht!:'iiKjutriiJ::,';1 '17-13, th& reQulr~m~b' fat ·::rn •.~~c ~:;'t~::::'/i'/:i:::,] '··~;~~?n:~~:t:~ee!. IAmb/8m 8l~.qllllllty sl'i!ii-:".;~:;:·:·. 'Oh!ngad to be mor~ $triftgent

r;l41rd*.) .. 1.',.: .,:.. :' ."c...:),:':·,,::'}':':.. Ihan tho~e In Ih~ ~.i~ilng IUle.

'TM t~ril;'"l:NAAQ6 flIt',.PM2'~...;i.Palsl1R1ph (al(7) h:ls been:

.hllvtl b~n :l(ldlld Ie tI\!,i.i't;IlIt:' ..·.;.i .. chang"'d to ~~reMelhe pam-

. '....,". '.."..' ::':;':. 9l'Q1l~ wllhlrt proPOSed I\Jfg

-17-G:l(M8l1St.1remllllt mell'l-':,..... ·374~·17-to3 thaI contain rtJe

od31!f1d pl'OIiellu",&.~":.... ":'. mille ,slrlniJenl rBQUllllrT.mt~

p." iI:.res~~ Qtthe·prOllosedf'.':;'-:,:: and to' r.han"",IM oo",~II!nCe

~~cn9<1i~ to, P'a'~o.g~pl't,m. (fol,;~: deadline from "April 1,t il9:l' 10

Ford MC1dr Ccmpeny, ..... ":'::' ::',~,:.;. "net 11110/ Ih:ll t~e effsclIve liate

Clew,Jlanil·Castli19 F'larit):Of ·::·::;c·.c.01 Ihl! rula.'· rut.. ~'4S-17.1~, and lhq pre•..

poeed tMnge~ to p~IAgra~h!

(8) (lor Imernallonel Mill·.

6~rvIC~, Inr.orporated,) (0) (tor

TIMES

:ity of

om, says

blished

:ounty,55

PFIDAVIT

ION

imes

(

: ," ':.

-17.01 (Control or visible par.

tltltJlele eml81110ne from "I.-

· tlon!f)' !O",rcslI,)

'Ne~ axemptlQn~ !rom 1M 20%

and aO% QP~ilty IIrf1~!llon&

hJ;!YR bCl~~ Il.O'ded to tnl! pro-.

fltl~ed rule for the kilns at ttH.>

Mdflln MaiIBtla'M!\llnesl~

Specla/tlM, Inc, fa~lII1Y in

Woodvilla, .The CQIl)pRny h~~

· submltt811lnl6rmQlld~ 11'0111. ~IJPpDm the need fQr !';lor't-up and

81Md~ e~8rnpllon~ FOr any

kiln cQn1n:>lIed WIth :l bag

house lQ prev"ol ddi'llag& to

lh.. bag hall!l! ~ue to blinding

01 lhe bailS, TIl.... cerl\pllily :II~o

hae submlt1l;iQ InloN'l'lIlHon IMI

Supptl~ the need lora slart·.

up 3~emp"On lor sny kiln QI1(l.

trollad. with an esp 10 prll'lllni

~O!elbllt a~plosIQns. w~hln tho

ESP'due to high concern'''''A.

lions of combusllbl"" "'.uHlI'Ig

· Ir0T'l11h~ In~omplete ~On'rbusliOn of ~oal or pe1ro"'~lm coko.

A-f-l-ac ed
(

-17-<)8 (RII.tr1ctIOll of _IeIIIQ~ of rogMv!! dYsl)

In lne e~lathill rol~,.I~e blast

Illmsceand b/l!;le oxyg~n furnaGes Irt l~~' AK Steel

CQ'P0.iitlon'lI IWadll;llown

WOrK~ lire exemplod from l~

requlremsrj1~.10 employ ""Ils()fI.bly Qyailllble oontrol mea"

8Y'~! to i:anlroll:hlllll~lllve

duelllmlB8lQn~ f1'Om 1lI6843

sourGei3, In the Consent Ofder

lIlal"w'iO'Olintllred In I~e EllJller

COunty Court 01 i:::mnll'lon

PI!la~ on· Maron SI, 2004, the

compllnl' agl'{ll)(l thllt Ihe

Qx'e!1ipllarro w(luld end aller

the new Conl,ol~ 'Neill In>';1olled

to comply with' the'MACT IIlan'.

d~rd~.for the·lron Md Bleel

·IMua!ry:. the~fore, beoau~1I.

the In5l<!"~tlon of the MAGT

Gonl,ol!l Mil bElen clilTlpleted,

tM ~l(Ilmptions h'i paragraph

(AJ(al(b) Qf ~rlipoBlld rulE!

·374S.17.0B·.lIllVe beM doletad, In ~¢cordanCe with Ihll

CQn~QntOrder,

~1'j.;{)9(I'lJSlrIOtllinllon j;!«rH<l".

ulatll sml..lonl I!Ind tldQ'lL

from JliOiiulfIItorlll,)

Th<ll·.onl:r'··(:haiJll~ tQ thlo 'rule

Iillialve GOO"egll(l~ 10 the GllJilIon8 anh<ll Cifjd 0/ U1e 11,1111 ot

·the- Eil'l'lPlHylrig and au~hOrl%lng

· 1'Il....lull!lI•." ..

-'ri-10 (l'llialrlcllGnll on pilIl'-'

IlcUI..a- emllll!lrouu from IUlIl

burning 8qulp(l'lillnt.)

The ooly cl1angllo to this rul....

· 'Invo!v13 'C<lrr'lli:tloM to the "Illl.- · lfOOB at t"'" ~nd 01 the ",,"'·of

1t1~ am;>ll/j'lng and.awMOl'i%lng

~t!l!Ut~, . .

-17-11 Cr$ortrlOtJonll ..n·i:idtll",

Li~lIl1'1ll1litonB fnan'! I'ndua'

trill praC!!lIMs,). .."

!'lew Ri'lcrr!iqlll,tmlenta' hav~

· ~nadd1ld'io Ill!! rule for .Ul'- · laCE! cQlIlIng·proceas~' (palnt-

.

·I,.,,, Opllmtlonu),Any ~urlal>B

'cOallng ptQ<'~~ •. thM Ie nol

eliem~d by tnlB rule rnu>';'!b..

. GOnll'Oifld bY"means Qht p~r­ , ·tlr;ri.lloll! mte'r, water wMn, or

~C1lli\lalent CQnn-ol d~iee and'

· ,,"UM compl~"!.~n 'peGHk: worl< , IM!iQ 10 tM QIl<Jl'~'

':',tlo' .-, e, repair; and·

'::. !,IM Qonlrol

·delilr1e8, Se..lilllxel(1Ptl"n~.

l1aVEl'»>!n ~$1ed'l,; th~ rUle

f(lr $mall·euifa:cg. coating'

;pililJlllili%I~~.;lhOlle eurfrlcll

ci;~'~e thal would

·g.jMt~li\i~g/':lo ~ogllglble

::?;~,Oti~:~r':J1~:; ~p~,

'.. .'b9cQm.. II!1eC-'

'1 1911>l11'1d noble lof

,'iIIl :Wlri'in~fongllrbe

,::~Wllciible'~i):$ii~lIce colrtlng

pr~~IiS;, end~ as" _ull,

·tl\ll MI procllS8ea

.:WOl'nti· nee D1l11h;,",

'Ilii~~~. IQn~, .'

j:,::~*,.:;::.,~,: ',:::Y. :" ..'

•'11jl:l~('Addllll;\rlat relilrle- ' ' -

:.li~n.,'ori:~~I~iJtlltll IIml*"." .. , .

:.•t~I1~JI~~lnQair conl- '.'

·..~Inllnl'elll'e.lllIn·· . , ': :"~;W;biI' ..""""ru..) : .. ', .:~\:'I&;f';~es t9t~r.~'" , pam- .

'gr8P ," rllglRph ~Ptioi.llies c" . . IremenW fO' : v'Qrl(lul/ :~at the Ford

"Mg(O~ C(lml'i8rtY, cle'/Iiland'

·¢&t1ng,~IiIl1t;··9fnO"lhe- orlgl-,

'.nlll ~roriiUl~iltl¢~ oflhls rule, ·!!liJtim tlrnCI!l' 01 til"'.

. '~yiQlI! IKIM In p~rtl~llIpl1 . ·.~~MIlJ'tlly s~ut

11'I:~""ptylng wllh , Il'lll'lenm,II1I1·.:'

I- ..•two ex~I~,"

'~!JQtl).~ \\'lth new CIlPl'I~~ ~nd

rA1'OulMl the eml~elo~ from

"ellveral BOlsQoll:lt@d @OUfr.eBto

dlll<l,~nl control devlr.<r.: th8n

"!lloae ~ntioned·rn i'I~tllllr1\l'

paiagm'ph (I). Air IhtPropOBlOi

crni!19Mllo pilr'l;lgr.!ph.(O'..

"dd,~ lire $Ol.Irell at thi'l'fac!l

It'}' ltlat hmJO been p~1'I'llenentl'j

ah~rt o;Iown and ll'lt:t !OUrCe8

,tMti'lf!nOw,biI.l.n~ G!lf!Il'¢.ll~CI,I"

'lIIiIh: ilifternn!·conlrQl,.;IilWltlls\'

An of tM~i'I Prollttalld ehangetl

have b99n.l'@quil5lcd by the

Comp~~y,... ,.':.

_11.13(Addll!Cn8111lalri~ .'

'flona on Pdrtlculatlt emili' *'mJ ~m 51lG\;11IO aIr i:cmt-:

IrnlnRtll'lourc,,'ln

J~&lUftoau~,j

E"I~t1ng p.r"9I'8phs (8) and

(0) 01 thltllUle spe~"Y control

reQuh'6I't'1aI\I!I. lor. "ioul'Clls at

InWnatlonal Mill SarvIO(l,

lr'lllOrporat9(f ond S~ndard

Slag CQl'I'lpally, re~p~lvelY,

IMae two pem<;lr~phahavQ

been d~leted bIooauae th6 \WO

compllnlss Mlle Men perms"

nel\ll~ .ahlJ1 down,.

lhe olhGI al.gnlfl~"-l'I\ changeS

to thla rule oonoam the"' ','

WhesUI1ll·PltItlburgh St~el

CorporatlOl"i !llclll~e~ loc!!ed.ln

Steu1:llll'lVlne.(exl$tlng parEl- '.

gr~ph (E) and In Mlnllo ..

Junellon ~llIllng pa1ngrsllll

(F)'; Sev!)lal 01 the ~OUroeB 01.

ear-h' onheBe fMllifles have

·beoll permiln\lntty Bh~lt down',

.nd the company hQlll'OqUea1-

nd that 1M refersnc9!l'10 thoBe

sourceI' bo &llBte(l; In addllion, th9 company'M,! reque5fo.

·ed funl the emiOslonlimlln1totla

10' ~\Illral oflhe temll1nlng.

~'ouree9 01 the lWd·fMltltlllll be·

· Gha~qd, For ~Qm"o! ltle

rnm"lnlng aO\I~ tM prO.

posed eml!!SlOn.nmhatloll!l·llre

IT'lOffi slrld~l'lt lIJan mil eXlstlf1\l

emis~lonl1m1tail1:lti$, llrrd for'

othllr !ourcee fha propo$<Ild'

,

.... m~jJ\on IImRatirina R"~ Illaa

Mrlt1gS~f.. :',"

· -o1~-14 .C~niltlg~l' pi....... , rQ<1ull'@m.flIrCuyahogll

.

~I'ld '.,&11/11101; .CCUl1tl'&.).

Tnll terni·'rotal.'aU9R~d par'-

HculQfu" ~a:S lJeen dolaliid fro,,".

thle lUle Iin~j'~p1~c~dw1lh.

'PM10,'A n<llW divination fOr

F'M10 h",,, blleh addM I.:> PI~'

poeild 1Ule 3745-1-.7-01,'

"',".

In acldltlon lo'lhe abOv~-men"

tlonet! ohengeslor propoaed.

· NI~ 274fi"1·1·07, '-02, ·03, .(J4,

"j)7, -OS, ".'11, '-tZ; ·13 and -14,'

..IMe propo~iKJ rola$· olso

Include ¢orreGtloM to lIJe GII",-

tlons ~\ 1hll end QI ihe rules of

thll o,,"pllly1111l ~nd authon=:lng.

*,tUeIl,.

PUrBII.nt 10'SSClr;,o 12t:,3g i;if

the; OhiO' Revl~Od Gode, OAPG

\'<II~ reQuli1ld to oons~~ WIth,

iIlteresl6<:l partlll!l "'"l~ed tJy .'

the I1,IIt:III ~e!Clr9 thll DIVlalol1

lo(l'l'lany adopill them·,.O~ ,t<pMI

11, 2001, th/l~e rolea'wcjot 0111

jar8 30·dl)jl reView by In'lereat·.

ed partIQ$... .' . .

. .'

'PUf$\I.ni S801io~ 119,036f.

111i1 Ohio t1evl~d Code, It pUblic harlng <m Chese rUle

ol\angeawlll btl co.ndu¢\ed on

. prlday, OCI~r .HI, 2<,n;l7 III

10:00. a,m. 11'1 ConJlll'tlrtellC at

Ohio E:PA, La~ar'lll

GOVernment Cil~ter, sClW,

TO\I;n 'Strset SuRe 100,.

Co,umbllll, Ohio, ..." ..

· P,Uf&Ulltrt to PartDol11tle:1 of

the CleM Air Act, 01110 EPA IB

'reQulre,:!'to e~l~tin~h 1I StlltB.

· InlplilTnMlallon PIal! (SlP) tor

lhiJ "lItllnrnol'lf lind malnte-

.nance of tile National Ambient

Air aUlllliy. Standards".

(NMos), The allQ-e-ll1;\n.

.tlonud !tiles arg '" pol:! of .•.

Ohl<:>'~',SIF\ Md:llllI pralloetld.

amendments will bl3 8ubmlllild

to USEP"; aea,mOdlflQ;:lflOIl 01

the Stp, TI1" ~o'll!-mlln'lloned.

M"'rl~g ~h811lle conBldered

the pUblic Maring lorthe SIP

8uDJTilttal, ' . "

;

AIHnl~ro!l~lId per!ons are ami·

Illtd to IItt11nd or be ~prssent-.

ed III t~hl!arlti\lan~ give wrJlo

Ian or oral cOmmunts on llltil~o:.

rule Ghangelt, All oral <;(lh'!.,

ITJent1lpf98MWI at lha heal'-

· Inll, Md ~II w.rlrian .Btllten'lentB

~"bml1tll~.111 t~,1I' heerlng 01 by'

lhll close of bll81ne9S on . . .

· Friday, October 19; ~007 wlll.... , be ~onQldRrlld br Onl'o EPA .

I1rlor lo'flnaillction on thlB rule

Wfltll!l\.BI!liementD8\Jbmhtad

alter FrldllY; O~b~, 111: 2007

may b~ cQnilldered llS lime . .

~nil clreum~tllneea permit, bllt

will not lJIj part ot tfl!i'QmCllll.

rec~rd '01 the h8al1~II,' ..

Thueil$ i1tr~$ 1Ir'l! oVilil8bli! on'

·thE! OhlQ ~I>A DA'PC WetJpagli

Iolllk!lctronic dowiJlbadlng by.

elk:ldng an'"reguIEl1lone" 'und~r

the "Ioplc.' dfcJ)-doWl'l bo~,

~URl:.I~', .'

· hll~:IIwww,ep8,atatt!,oh,u8ldap.

c1re9BIrtl!lB,h!Tl'll, 000" 01 tna

. web>lllg-, plll~1I sCfoll down., 10 fhe infofmllllon dated '

·SeptemlJer 12,2007 under Ih~

heading for OAe Gl'l4p1ef

:>745-17, : .

Q~~60~~ ;~llll~lng a~es8lng.

tlle wee Bile aholl1d· bl3 dll9cled

, to Arimee Nlllmllll'b·alS.14.

72&-1342, O\triI'~~~$llonll or

co;>i'ninl:irltll obOIJ! thMlI rulell.

~nould" ba tllfBClllcl' to JIm. Orlemahn' 8g'lollows~ by pM"",

." e'4"!144·3$92; ~y ~·mQII.

llm.mq.OO~Ill),~~laIMll.lW.:

01 by regulJinneli JemeB A:.

Orlemann, Ohfo: EPA, tllvlalo\1.

Air Pollution Coi!t1ol, ~~~r~~ .'

Go''''tTlm<lrtl C~nlt:lr: P,O,. Bo~ 1049, C...t~~bui;, 01'110 ~216­

104~, I;'Ql'OOI'i$~bnil1tlng CO!l'lnientuloetMnlcally !!Ia

erteQU""-gIld to' /oliow-up with·a

Mot(! oopy via regul8' mall. Adv. Sgplombcr , 3, 2001
(

(

\

Attachment D

(Letters to the Secretary of State and the

Legislative Service Commission for the Proposed Rules)
r----,

R" I" 'I 'II ' , " ,II: "II onlc'u,e Fllnf

,ftC· "

The Honorable Jennifer Brunner

Secretary of State

180 E. Broad St., 15th Floor

Columbus,OH 43215

James W. Burley, Director

Legislative Service Commission

77 South High St., 9th Floor

Columbus,OH 43215

William L. Hills, Executive Director

Joint Committee on Agency Rule Review

77 South High St., Concourse Level

Columbus,OH 43215

The Honorable Lee Fisher, Director

Department of Development

77 South High St., 27th Floor

Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of

the Ohio Revised Code.

Package Number:

File Date and Time:

Confirmation Number:

ORIGINAL FILE

30293

09/12/200708:56 AM

e01b50978d46cfa344c36ae6249b8fc

Rule Number Type FYR? JE Date Eft Date Next FYR Tagline

3745-17-01 Amendment Y 11/16/2007 Definitions.

3745-17-02 Amendment Y 11/16/2007 Ambient air quality standards.

3745-17-03 Amendment Y 11/16/2007 Measurement methods and procedures.

3745-17-04 Amendment Y 11/16/2007 Compliance time schedules.

3745-17-05 Rescission Y 11/16/2007 Non-degradation policy.

3745-17-07 Amendment Y 11/16/2007 Control of visible particulate emissions from stationary sources.

3745-17-08 Amendment Y 11/16/2007 Restriction of emission of fugitive dust.

3745-17-09 Amendment Y 11/16/2007 Restrictions on particulate emissions and odors from incinerators.

3745-17-10 Amendment Y 11/16/2007 Restrictions on particulate emissions from fuel burning equipment.

3745-17-11 Amendment Y 11/16/2007 Restrictions on particulate emissions from industrial processes.

3745-17-12 Amendment Y 11/16/2007 Additional restrictions on particulate emissions from specific air

contaminant sources in Cuyahoga county.

3745-17-13 Amendment Y 11/16/2007 Additional restrictions on particulate emissions from specific air

contaminant sources in Jefferson county.

3745-17-14 Amendment Y 11/16/2007 Contingency plan requirements for Cuyahoga and Jefferson

counties.

Page 1