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# Appendix D

Evidence Ohio EPA Followed Rule Adoption Procedures

# Evidence Ohio EPA FollowedRuleAdoption Procedures

Ohio Revised Code ("ORC") 119.03, "Procedures for adoption, amendment, or rescission ofrules," outlines the requirements Ohio EPA must follow during the rulemaking process (see Attachment A ofthis Appendix). Ohio EPA fully compliedwith the requirements ofthis law, and evidence thatthe majorrequirements ofthe law were metis providedinthe sections below:

1. ORC 119.03(A): Reasonable public notice shall be given in the register ofOhio atleast 30 days priorto the date setfor ahearing.

Ohio's electronic rule filing system automaticallyposts public notices in the Ohio Registerwhenrules areproposed. As canbe viewedbythePublic Hearing notice (see AttachmentF 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 forpublic notice contents were met as evidencedbycomparing thepublic 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 throughoutthe State (seeAttachmentC ofthis Appendix).



# ( 2. 

# ORC 119.03(B): The required materials must be filed with the secretary ofstate andthe directorofthe legislative service commission ("LSC").

Ohio's electronic filing system automatically generates a letter when all the required elements havebeenuploaded onthe system andthepackage is proposed. This letteris includedAttachmentD 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 ofeach ofthe Rule Summary and Fiscal Analysis (RSFA) documents. Eachrule's RSFAs are includedinAttachmentE ofthis Appendix.

3. ORC 119.03(C): Conductpublichearings as advertised.

Ohio EPAconductedthepublic hearing identifiedinthePublic Hearingnotice. A copyofthehearingtranscriptis includedinAppendix E.



# ( 4. ORC 119.03(D): After the period of time when legislative review and invalidationmayoccurexpires, the agencymayissue an orderadopting 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.

# ( 

# JCARRjurisdiction expired on November 16,2007 as evidenced by the JCARR consent agenda.

Ohio EPA issuedthe orderto adoptthe rules onJanuary 22, 2008 as evidencedby the Director's Findings & 

# Orders and the Public Notice (see Appendix B). The Secretary ofthe State and Director ofthe LSC once again received a letter of notice (see Attachment G 

# ofthis Appendix).

5. 

# ORC 119.03(E): Providenotice to public priorto effective date ofrules.

Ohio EPA provided an update ofthe adoption ofthe rules through the Ohio EPA website and through an e-mail notice to all interestedparties on January 22,2008 (see AttachmentH 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 

# ofthis Appendix). Ohio EPA fully complied with the requirements ofthis law, and evidence that the major requirements ofthe law weremetis providedinthe sections below:



# ( 1. 

# ORC 121.39(B): Legislation dealing with the environment must be accompanied by a statement identifying ifit is necessaryto complywith a federal requirement. Itmust also include information onthe estimatedcostofcompliance.

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 ofthis 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) ofthe ERAF for each rule, Ohio EPA stated the adoption ofthese rules, or a version as stringent as, is requiredbyU.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 evidencedin the consentbyJCARR, whichreviews these documents.

2. 

# ORC 121.39(D): Prior to adopting any environmental rule, the agency must consultwithinterestedparties, consider all documentationrelevantto the needfor the rule making, identify any need to adopt in order to maintain approval to administer afederal environmental law, anditmustinclude anRSFA.

On April 11, 2007, Ohio EPA notified interested parties via e-mail (see Attachment I ofthis Appendix) ofthe draftrule 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 onlyregarding therules inthis submittal (see AttachmentJ ofthis Appendix).

# (



# ( As evidenced in item (C) of the ERAF for each rule, Ohio EPA stated the adoption ofthese rules is required in order to maintain approval to administer a federal environmental law

.
As evidenced in item (A) ofthe ERAF for each rule, Ohio EPA identified that it considered all documentation relevant to the need for the rule making and identifiedthose documents in list form.

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# Attachment A

(ORC Section 119.03)

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# 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 thanthe 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



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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 ofthe 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. 

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(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 (



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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.



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( 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 ifthe 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,



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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

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( 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.



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(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 afterthe 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 (



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( 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



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# Attachment B

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# 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, ifthe 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.



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(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
orto 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 ofthe 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) ofthis 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 

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- 121.39 Identifying documentationthatis basis forlegislationdealing 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 saythat I am an Advertising Clerk in the employ ofTHE TOLEDO BLADE CO., the publishers ofTHE BLADE, that I personally knowthe 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 thatthe notice ofwhich the below is true copy ofthe 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

..D20.0

..

# 2

.



# ( Notary Public, State of Ohio

• -17-02 (Ambientairquality standards.) The current NAAOSfor PM2.5 have been added to theruie. • -17-01 (Definitions.) Newdefinitions have been added to the ruletorAOEPA@ orAOhio EPA,@ APM'.5'@ and APM,o;@ and the definition forAtotal suspended particulates@ has been deleted. Also, an incorporatlon-by-reference section has been added atthe end ofthe ruie to 'the reqIJirements ofORC 121.72.

. 

### Public Hearing Ohio Environmental Protection Agency

. Five-Vear Rule Review ofOhio Administrative Code (OAC) Chapter3745-17 (OAC rules 3745-17-01, -02, -03, -04, 

## -OS, -07, -08, -09, -10, -11, -12, -13, and -14) 

# NOTICES

HEADWORKSPART2 FOUND: Cat in Old Orch ADVERTISEMENT FOR BIDS Meadowaod/Pelham. (Invitation Far Bids) Black/Brown. 419-531-6, City afColumbus, 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 534-3236ar419,509-2 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 yourthumb green. Gardening tips and ideas in the Peach section What's new on the road?

Getthe auto facts

.. SundayAuto Section Something wrong wijh Fido? "Askthe Vet" the 1stSunday 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 primarilyto satisfythe 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 ofthe rules within OAC Chapter 3745-17:

.

• -17-03 (Measurement methods and procedures.) As a resultofthe proposed changes to paragraph 

### til [for Ford Motor Company, Cieveland Casting Piantl 

### ot ruie 3745-17-12, and the proposed changesto paragraphs 18) IforInternational Mill Service, Incorporated!. (D) [forStandard Slag Company!. and IE) and iFI [forWheeling-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 isthe best revenge, and it's an art. Become the artist ofyour life.

Find yummy recipes, home decorating and entertaining ideas, the latestfashions, and "CelebratIons!" in the Sunday Living section.

# 9/14/2007 Personally appeared before the undersigned authority, Julie Popovich ofTHE 

# VINDICATOR PRINTING COMPANY, publishers ofTHE 

# VINDICATOR, a newspaper printed and ofgeneral circulation in Mahoning, Trumbull and Columbiana Counties in Ohio and Lawrence and Mercer Counties in Pennsylvania, and being duly sworn, on heroath 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 PublicHearing

. OhioEnvironmental ProtectionAgency Five-YearRuleRE!\IiewofOhioAdministrativeCode (OAqChapter3745-17 (OACrules 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 has i 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 OACChapter3745-17:
-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 sus

### re

.. 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 ofORC 121.7l!.
-17-02(Ambientairqualitystandards.) The current NAAQS forPMl.5 have been added to the rule.

. -17-03 (Measurementmethcidsandprocedures.) 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 Company

### 1 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 beenupdated.

. -17-04(Compfiancetimeschedules.) 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

NotaryPublic Brenda G. Jordan NotaryPublic, StateofOhio Recorded in Cuyahoga County My CommissionExpires 09/04/11 

## I,Jacky Kilo, beingdulysworn, douponmyoath, deposeand saythatIam aACCOUNTS RECEIVABLE REPRESENTATIVE ofThe

## PlainDealerPublishingcompany. publisherofThe

## Plain Dealer, anewspaperprinted insaid county, andgeneral circulation inAshtabula. Geauga, Lake, Lorain, Medina, Portage, Summitand Trumbull.counties, in additionto saidcounty; therequirements of Section 7/12 ofthe 

## Revised Code ofOhio 

## as amended September 14, 1957, relatingtopublicationanddistribution are fulfilled by saidnewspaper; andtheadvertisementattached was published in said newspaperon thefollowingday, ordays inatypesizelarger thanagate. Insertiondates as follows:


# fr'rKJJ

Swornto**an~** 

## subscribedbeforemethis dayof**el~** 

# ) C)f<Jr yeo

. .... . . The DAPC has down. Also, InspmplYlng wtth the AC rule 3745- r-jACl' requirements, the campa, angernecessaryand 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 revisions01 the ruleswtthln OACChapter3745-17! that have

• -17-01 (Definitions.)**downa~d** Newdefinitions have been added now being to the rulefor OEpAorOhio 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 hasbeen added atthe end of specific aircontaminant**~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 havebeen addee! IDlI1e rule., ,Stan '-17'03 (MeasUrement**me,tlT0dsti~ly** and proceduras,) •. "

. . As aresull of the changes" to paragraph Ford MOIDr Company, 

### Casting Plant] 01 rule 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 thatthe 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 bechanged. 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 torsou'!!es that are subject to the r"'lullementsof 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 therthe sources addressed Inthe corrections tothe cIIations**~qhe** paragraphs have been perma- end olthe rules 01**th~.a\"Fllfylng** nently shut down or the para- andauthorizing**~tatules..** .•. , graphs In those rules have been Pursuantto Section 121..39 ofthe 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 outtor,a3q.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

.

### ,91the 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 at### r.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 ofvisible 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 commentsonthese rule change$. been added rule All oral tedtat torthe kilns Marietta the h stae- Magnesia S ,faCility ments In Woodville. The company h8$ submitted information that sup.. day, ,Octo arts ·the need tor start-up "':Id conslde'jld

## ~hutdown exemptions torany 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. '·17-10 (Restrictions on par 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 ofTHE HERALD-STAR, a newspaper published, and of general circulation in said County and City, and that the Notice, ofwhich 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"\ NANCY

# KAUFMANN. changes to paragraph (8)(7) 

### .; - fOh relate to the International Mill 

# t* 

# *_1 Notr 

### r'ublic. State 0 10 , 

### '1 Service, Incorporated, Stan

# 0/" MyComrlllssion 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 dueto 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 ofthe Dayton Daily News, which he/she says is a newspaperof 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 ofwhich 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 ofthe 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 ofspace to otheradvertisers in the general display advertising columns

.



# OHIOEPA DENISE PEEPLES POBOX 1049 COLUMBUS, OH43216

i 

### ./ .; 

# DaytonDailyNews

AFFIDAVIT OFPUBLICATION

P.O. Box 643080 Cincinnati, OH45264-3080 937-225-2107

STA 

# (

# """"""RNO,!~' ublic "

_**··,~~···** 

# ..·······.oe",

/::;,.q..('\". \ 

# 11/:>/;.",<:,**~~ro.** • "--:;

......,, """"**/~** .•**()~** \'\j- V 

# /**~Qiti5.\** 

# \ LORNAM. FOER, NotaryPublic
10 

## MyCommission Expires

## JUly4,2010 

# .--R D. 0- 

# V \\

- \\\,\

# gned~~~ ,. ilte·· ;/

el71 "/

## '1!t'':'~' 

## Sworn oraffirmed 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 DENISEPEEPLES PO BOX 1049 COLUMBUS, OH43216

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 ofthe Dayton Daily News, which he/she says is a newspaper ofgeneral circulation in Montgomery, Clark, Warren, Butler, Clinton, Greene, Preble, Miami, Darke, Mercer, Shelby, Fayette, Logan, Hamilton, Clermont, Auglaize, and Champaign Counties, and State ofOhio, and he/she further says that the Legal Advertisement, a copy ofwhich 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 ofthe said Dayton Daily News was over (25000) at the time the said advertisementwas published, and that the price charged for same does
not exceed the rates charged on annual contract for the like amount of space to otheradvertisers in the general display advertising columns.

worn oraffirmed to, and subscribed before me, . 9/20/2007. In TestimonyWhereof, I have

eunto set my hand and affixed my official I,the day and year aforesaid.

LORNA M. FOER, NotaryPublic
10 

## MyCommission ExpiresJUly4, 2010 

# DaytonDailyNews

AFFIDAVIT OFPUBLICATION

P.O. Box 643080 Cincinnati, OH45264-3080 937-225-2107 

# (

### AKRON BEACON JOURNAL 44 EAST EXCHANGE STREET P.O. BOX 3661 AKRON, OHIO 44309-3661

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....**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··

_ 

# AKRONBEACONJOURNAL
-'- Ohioi)COm----'------

LEGALADVERTISING INVOICE BOX 640 •Akron, Ohio 44309-0640 Legals Public Hearing Ohio Environmental
been:compleTeo,e

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# _= 1 emptionsln para'graph, ingshall be considered Ohio

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. " 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

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# -,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 atthe hearing or bythe mental' Protection the amplifying and au- close Ofbusiness 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 ofTHE 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 ofAkron. i Of the rules withinOAC empted 'by .•• this'. rule '·ml. Once at theU'ion therein, That said newspaper had a bona I Chapter3745-17: must be controlled by webpage, please scroll

-**.17~1** (Definitions;) means of a particulate down to the informa- 10) atthe 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

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APM10i@ and the**defi~** ticesrelating to the op- Questions. regarding ac- P

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.the web site**~Cb-(.~.~** . 'pended particul.afes(W:repair,and' inspection sIJould

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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""""""""""""""

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requirements 'of... I.. rface coat- '.lim Orlemann 'as fol- • ,. . .

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2J,;.,72('Am·''b'.•.ent

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..·.'. '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- copyvia regular mall•

. articu- sept 

### 14**"--'--'=--~-~'** 

# (HEARING CLERK "'-'-""-

PROOF OF PUBLICATION r-'

5YR RULE 1016001



### I 

### I I 

# :::J!.P1r, ,20

# C>1 AND THE LAST PUBLICATION ON 

### I

DAY OF

# 5ep+.,20Q"], AND THAT THE SAID

### I 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 AND

## I

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 NEWSPAPER

### I REFERENCE: 30927 THE STATE OF OHIO

ATHENS COUNTY SS

## Public Hearing Ohio EnvironmentalProtection.A:gellcy

Five-Year Rule Reviewof Ohio Administrative Code (OAC) Chapter3745-17 (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 damageto the baghouse due to blind- ing ofthe 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 atthe 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 forthe 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 atthe 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-bythis rule must be controlled bymeanS 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 ofthe 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 thesourc. 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.('IRLS**N~1'l** 

# MerR5. 2108 

# THE COLUMBUS DISPATCH PROOF OFPUBLICATION

.eptember21, 2007 ShellyDonovan ClassifiedMerchandise Services Manager STATE OF OHIO, FRANKLIN COUNTY. SS:



# NOTARYPUBLIC

- STATE OF The Columbus Dispatch, anewspaperpublished at Columbus, Franklin County, Ohio, with adaily paidcirculationof over200,000 copies, personally appeared and made oaththatthe notice ofwhich atrue copy is hereunto attached

was published inThe Columbus Dispatchfor 1 Time(s) on

# SUb~~OfSePtember 2007 as witness myhand and seal ofoffice. 

# {0U**~-;~l"** 

# / andthattherate chargedtherefore is the same
as thatchargedfor commercial advertising for like services. 

# (

## ( 

## t**~,** 

# 1/' 

# L UU/ 1U:4

# JAIVI



# To: PaulBraun C1NC1NNAIl cNUUHkck

The Cinchmati Enquirer



# The CincinnatiPost 

# Tb,e KentuckyPost

312Elm Street Cincinnati, 

# OH4:5202

Legal

# Ads Department PHONE: 513-768-8184

FAX: 513-768-8633 EMAIL: legalads@enquirer.com



# COVERSHEET

Fax: 614-644-3681 

# NO, 716 p, 1



# ( From: Penny Stewart

RE: Legal Proof Date: 9117/07



# ( The costin

# The Cincinnati Enquirerandon Cincinnati.comfor 9/19/07 is $2727.19.

Ifyouhave anyquestions pleasecontactme,



# Thankyou.{ '. 

# SEP. 17,2007 10: 45AM

Public H

..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 performed a review af the "bove-.-eferenced rules primarily to satisfy the requirements of Section 119.Q32 of the Ohio Revised Code (ORe) for afive-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 Chapter3745·17: 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, 

### anincorporati"n-byreference section 

### has 

### b

..en a<;!o

..o "tth

.. 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 shut 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 forseveral 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 longer a 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 emIs

### sions 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 forstart-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 for a 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 atthe 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 afterthe 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 ofthe**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 process

# CINCINNATI ENQUIERER NO. 

# 716 P, 4

# (

(
\ 

# SEP, 17,2007 10:45AM

es,) New RAeT requirements 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 coatinil 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 Table I 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.!( piant. Since the ori,!iinal promulgation ofthis 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 sources 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 speci

### fy control requirements for so

...**,~s** 

### at International Mill Service, Incor. porllteo and Standard Slot;; CompMY, respectively. These two paraI[faohs have been deleted because thetwo 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 MingoJunction**(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 forseveral ofthe remaininp; sources at the two facilities be changed. For some of the remainin;. 

## scurces, 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 ofthe rules of the**amplifyin~** 

### andauthoriiin:e; statutes. Pursuant to Section 121.S$l of the Ohio**~e** vised Code, DAPC was requIred 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 a30-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 conduct

### ed on Friday, October 

### 19. 2007 at 

### 10:00 

### a

...." in Conference C at Ohio EPA, Le:zarus Government Center, 

### SO W, Town 

### Street, Suite 

### 700, Columbus. Ohio, pursuant to Part 

### D of Title I of the Clean Air**A~t.** Ohio EPA**i~** required to establish a

### 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: 

### forthe 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 ofthe 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. The URL 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 chapter374:5-17. 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, Laza

## rus 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 

### electronicallyare**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 performed a review ofthe above-referenced rules primarily to satisfy the requirements ofSec' tion 

### 119-032 ofthe Ohio Revised Code (ORC) for a five'year reView. The DAPC has determined thatOAe 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 ofthe ruleto ful· fill the requirements of ORe 121.72

-11"Z (Ambient Air quality standlU'd5.) The current NAAQS for PM2.5 have been added tothe rule.

·17-83 (Measuremellt metllodl and procedlires.) As a resultofthe 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 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 (B)(7) ofthis 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 per

### manently 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 several 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 ofthis 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 ofvisl

### blepartieulate emls

### s1e1lS 

### 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 with a baghouse to prevent damage to the baghouse dueto 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 ofcoal orpetroleum 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 ofthe MACT controls has been com- pleted, the exemptions in paragraph (A)(3)(b) of proposed rule 3745-17-08 have been deleted, in accordance withthe ConsentOrder.



### ·17·09 (Restrictions 

### on putidllate

### emissions and

### OcIarsfrom Incinera

### toIsJ The only changes to this rule involve cor- rections to the citations atthe end ofthe rule of the amplifying and 'authorizing statutes.



### -11-10 

### (Restriaions on particulateemissions frontfuel bIIrlllnll equip

## mentJ The only changes to this rule involve cor- rections to the citations atthe 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 minorto negligible amounts ofcoating overspray.

When these new RACT requirements be- come effective, Figure J1 and Table I 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.mlnantsources 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 Sourcesthat 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 

### strldJons011 pardeUlate e
........ from specific**aIr~soun:es** 

### in 

### JIfterson Colmty.) Existing paragraphs (6) and (0) ofthis rule spec- ifycontrol 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 permanentlyshutdown,

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 limitationsfor several ofthe remaining souree at the two facilities be changed. For some of the remaining sources. the proposed emission limitations are more stringentthan 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 pro

### posed 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 consultwith interested parties affected by the rules before the Division formally adopts them. On April 11. 2007, these rules went out for a 30-day review by interested parties.

Pursuant to Section 119.03 of the Ohio Revised Code. a public hearing on these rule changes wi II be con- ducted on Friday. October 19, 2007 at 10 a.m. in Conference C at Ohio EPA , Lazarus Government Center. 50 W. Town Street, Suite 700, Columbus, Ohio.

Pursuant to Part Dof Title I of the Clean Air A.ct, Ohio EPA is re- quired to establish a State Implementation Plan (SIP) for the attain

# 170"d 

# 917:11 lOOe l1 das

# (

( ,ment and maintenance ofthe National Ambient Air Quality Standards (NAAQS). The above-mentioned rules are a part of Ohio's SIP. and the pr0p'0sed amendments will be submitted to USEPA

## as a modification offthe SIP. The above-mentioned hearing shall be consideredthe public hearing for

### theSIP 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 ofthe hearing.

These rules are available on the Ohio EPA DAPC Web page for electronic downloading by clicking on "regulations· underthe "topics· drop-down box. The URL is http://www.epastate. oh,ys/dapc/regsLregs. 

### btmI Once atthe webpage. please scroll down to the Information dated September 12. 2007 un- derthe heading for OAC Chapter3745-17.

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- mentselectronically are encouraged to follow-up with a hard copy via regular mail. Published in The Repository on Wednesday. September 19,2007.



### Fax

## to: 614-644-3681

Attn: Paul Braun
TorunWednesday september 19, 2007 

## l1Iankyou

Jeanette Legals 

## 11teRepository 

## 330-580-8400.



# SO"d

## 09/12/2007 14:23 7403735251 MARIETTA TIMES PAGE 01 

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## 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(l

### Mry 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 Incorpor"t10

### n-by·rOfe rence**~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 those 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 ex**1~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 pro**po8~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 with a 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 possible explosions v4thln Iho 

### Esp due to high cona"nfrn. lions of combustibles resultlng from**lh~** inco"l'lete combuslon of Oall! I;Jr p"'troleum coke. 

### >**·17~** (AIIA1r1otIQl'l Qf "mleiliond**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 fugi

## 1,'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**~teelln** dustry. 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,ctions to the elta· tions til the end 01 the rule of the amplifying and authorizing statutes.

,. -17-10 (RuetrletlOfl6 on pI!Ir**t!l~\lIBte** emlsBl1lnil from fuel bUrnl

### ng equI

### prnent.) 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\ In

### dustrllli 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 of a 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"olion 

### (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, ae a 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 oon

### tanllnant 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 cupo

### lall 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

## Jaddress 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"'Clfie 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 to Ihose 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 for a 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 

### PM D of TItle 

### I 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 fortile 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 8t

### ElteI'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 ""th a 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, OR45662·0581 Phone:**740·353~3101** 

## Fax: 

## 740,353·7280 

# Fax

To: Pau] Braun/OhioEPA

Fax No. 614-644-3681



# Phone No.

Re: 9/13 Legal**TH}~** 

# PORTSMOUTH DAIl,VTIMES

From: 

# Amy Hazelbaker
Pages: 3 (inclu.ding coversheet)

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:equestedbe sentto youforproofofpublication,

Thankyou, 

# 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 partollhe $tol,,'. atr pollution corrtrol pragr.lm.**~tandard** SleQ Company,} and (E) an<! IF) (tOr Wht!<llln(tf'lttsburgh**St~i;" cor~orstlQnl**  ofrukl3145·1?-13, 1he**~omplI ano~**  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.d**IIne~** ror**Bo~'t~8** Inatar'!**~l!~ i~c!**  to the I\'Iqulremems of exl9tlng·IUI& 

### 3745-17·1,-,**~rrd**

..**n"'gl;!l~h (~)(1)**  ofIhl" lUIe .pt!eIRea

## too CQ,,"p1IMce !lead· linea tor**souro.~** Ihat are sub· 

## Ject1<:>1M iitquJremenls**e~l~tlnlfrute** 

### 3745-<'17-1$. TM.**p,ofltl~&d ~nan\le8**  10

### p.'3- '1r!ph (EI)(a) reletR 10the**For~** Motor

### Company,**Clll\l~I!M** Casting !"Iem, 

### nil**~opO!lEd** 'changesto**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!tthe 01'110 Environmental**f'rotectlon~Agency,** DMslon'Qf' Air !"olJullon ComrDI (OAPCj**h~~** performed !\**r~vleV/** ortl'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~­** aaryand shouldbe**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 10be.,;. :"'.::1 'In'bOlh llamgr'pnt. (B}(6) snd

·amend!KI, Thefollowing 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 8hherthq soUn:S8**3745·1~:":** addrnsslld 1111110 pOl'llgrapns

..., have**b~n** pOtm3nenllysnUl

### .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.tth&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

# IetI\!,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, til9:l' 10 Ford MC1drCcmpeny,

.....":'::'**::',~,:.;.** "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 forthe kilns atttH.> Mdflln**MaiIBtla'M!\llnesl~** Specla/tlM, Inc,**fa~lII1Y** in Woodvilla, .TheCQIl)pRny**h~~**

·**submltt811lnl6rmQlld~** 11'0111.**~IJP** pDm the need fQr!';lor't-upand**81Md~ e~8rnpllon~**  FOrany 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 loraslart·

. up**3~emp"On** lorsny kiln QI1(l. trollad. with an 

## esp 10 prll'lllni**~O!elbllt a~plosIQns.** **w~hln** tho ESP'due to high concern'''''A. lions ofcombusllbl"" "'.uHlI'Ig

·**Ir0T'l11h~ In~omplete** **~On'rbus**

liOn of**~oal** or**pe1ro"'~lm** coko. 

# A-f-l-ac 

# ed

# ( -17-<)8 (RII.tr1ctIOll of _Ie**IIIQ~** ofrogMv!! 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!1ipllarrow(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** ofthe MAGT Gonl,ol!l Mil bElen clilTlpleted, tM**~l(Ilmptions** h'i paragraph (AJ(al(b) Qf**~rlipoBlld** rulE! 

### ·374S.17.0B·.lIllVebeM dolet

### ad, In**~¢cordanCe** with Ihll**CQn~QntOrder,**

### ~1'j.;{)9(I'lJSlrIOtllinll on 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 tothis rul

....

· 'Invo!v13 'C<lrr'lli:tloM tothe "Illl.-

· lfOOB att"'"**~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!! 

### rulefor .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, waterwMn, or**~C1lli\lalent** CQnn-ol**d~iee** and'

· ,,"UM**compl~"!.~n** 'peGHk:

### worl<



### , IM!iQ 10tM**QIl<Jl'~'** 

### ':',tlo' .- , e, repair; and· 

### '::

. !,IMQonlrol

·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~~lnQ** airconl- '.'

·..**~Inllnl'elll'e.lll** In·· . , ':**:"~;W;biI'** 

### ..""""ru..) :

.. ',

.

# :~\:'I&;f';~es**t9t~r.~'"**

, pam-

. 'gr8P ," rllglRph**~Ptio** i.lliesc"

. . IremenWfO' :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). AirIhtPropOBlOi crni!19Mllo pilr'l;lgr.!ph.(O '

..**"dd,~** lire $Ol.Irell 

### atthi'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 bythe**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(fond**S~ndard** 

### Slag CQl'I'lpally,**re~p~lvelY,** IMae

### two**pem<;lr~phahavQ** been**d~leted** bIooauaeth6 \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' onheBefMllifles 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'
,

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·

### -o1~-14**.C~niltlg~l'** pi

.......

, rQ<1ull'@m.flIrCuyahogll

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. Tnll**terni·'rotal.'aU9R~d** par'- HculQfu"**~a:S** lJeen dolaliid fro,,"

. thle lUle**Iin~j'~p1~c~dw1lh** . 'PM10,' An<llWdivination fOr F'M10 h",,, bllehaddM I.:>**PI~'** poeild 1Ule3745-1-.7-01, ' 

### "',

" . In acldltlon lo'lhe**abOv~-men"** tlonet! ohengeslorpropoaed.

·**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.nt10'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, ItpUblicharlng <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'tlrtell C at Ohio E:PA,**La~ar'lll** GOVernment**Cil~ter,** sClW, TO\I;n 'Strset SuRe 100,

. Co,umbllll, Ohio,

..."

.. · P,Uf&Ulltrt to Part Dol11tle:1 of the CleMAirAct, 01110 EPAIB 'reQulre,:!'to**e~l~tin~h** 1I StlltB

.

· InlplilTnMlallon PIal! (SlP) tor 

### lhiJ "lItllnrnol'lf lind malnte- .nance oftile NationalAmbient 

### 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";ae a,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 

### ororal 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 ofbll81ne9S on

. . .

· Friday, October 19;**~007** wlll.

...

, be**~onQldRrlld** brOnl'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 Bileaholl1d·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 ofState 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 qualitystandards. 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 ofvisible 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.


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