State of Ohio Environmental Protection Agency 

STREET ADDRESS: MAILING ADDRESS: 

Lazarus Government Center 

50 W. Town St., Suite 700 

Columbus, Ohio 43215 

TELE: (614) 644-3020 FAX: (614) 644-3184 

www.epa.state.oh.us 

P.O. Box 1049 

Columbus, OH 43216-1049 

Jul y 18, 2008 BECEIVE 

AUG 0 1 2008 

Mr. Bharat Mathur 

Acting Regional Administrator 

U.S. EPA REGION 5 

OFFICE OF REGIONAL ADMINISTRATOR 

U.S. EPA Region V 

77 W. Jackson Blvd. 

Chicago, IL 60604 

Re: Request for Approval of Ohio Administrative Code ("OAC") Chapter 3745-31 

PTIO Implementation Rule Changes and Updated SIP Revision Request 

Information Related to NSR Reform 

Dear Mr. Mathur: 

On June 30, 2008, Ohio EPA amendments to OAC Chapter 3745-31 became effective. 

These amendments finalize years of process improvement initiatives leading to an 

improved Ohio EPA minor source (non-Title V) permitting program. Historically, Ohio EPA 

has had a two permit program: new source review (NSR) resulting in issuance of a permitto-install (PTI) followed by issuance of a permit-to-operate (PTO) or federally enforceable 

PTO (FESOP). This two permit system was found to be rather redundant because Ohio 

law requires a PTI include operating requirements which function as a PTO for up to one 

year. Therefore, we have historically found that upon issuance of a PTI, a permittee 

makes a second application for a PTO within the one-year period and then essentially the 

same requirements are incorporated into a second document which is issued again as a 

PTO (or FESOP). 

Effective June 30, 2008, Ohio EPA will no longer be issuing two permit documents for nonTitle V sources, but rather one permit document that functions as the NSR PTI, when 

applicable, and as the PTO. The PTO portion would continue to be renewable. These 

permits are called PTIOs (permit-to-install and operate) or FEPTIOs (federally enforceable 

PTIOs). 

Essentially they will function and perform as they historically have. Ohio EPA is not 

changing the applicable requirements which are incorporated into the permit document. 

Also, these changes do not affect Title V facilities. Title V facilities will continue to be 

issued a PTI followed by a Title V permit, or revision thereof. With respect to federally 

enforceable state operating permits (FESOP), the FEPTIO will function and be written in 

the same manner as a FESOP has in the past. The regulatory requirements currently 

approved by USEPA for FESOPs are incorporated into the new FEPTIO regulation. 

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Ted Strickland, Governor 

Lee Fisher, Lieutenant Governor 

Chris Korleski, Director 

Ohio EPA is an Equal Opportunity Employer -;7 

Printed on Recycled Paper 
During this process, Ohio EPA also made several changes that affect our previously 

submitted SIP revision request related to NSR Reform. These changes are discussed 

below. 

PTIO Program 

The rule changes needed to accomplish implementation ofthe PTIO program are relatively 

minor with respect to the program itself; however, they are relatively major with respect to 

re-organization and relocation of existing rule language. Ohio EPA has taken great care to 

ensure that the fundamentals ofthe program were not affected as a result ofthe efficiency 

improvements gained. In summary, you will find the following regulatory changes that we 

are requesting for incorporation as a revision of Ohio's SIP (with the exceptions identified in 

the next section below): 

1. OAC Chapter 3745-35 has been rescinded in its entirety. This chapter's rules 

contained the state PTO and FESOP regulations. All ofthe necessary requirements 

from this chapter were moved to the relevant portions of OAC Chapter 3745-31. 

Attached you will find a synopsis of changes which is a "road map" of where 

language was moved between the chapters. See Appendix A (after the six Articles). 

We are requesting the previously approved rules of OAC Chapter 3745-35 (8 rules) 

be removed from Ohio's SIP. 

2. OAC rules 3745-31-01 to 3745-31-10, OAC rule 3745-31-29, and OAC rule 3745-

31-31 were all either rescinded and a new rule created or amended (based on 

Ohio's rule drafting requirements). We are requesting you review each of these 

rules, previously approved as part of Ohio's SIP, as a revision (see the "exceptions 

below"). The changes: 

a. Predominantly incorporate state operating permit requirements from OAC 

Chapter 3745-35; 

b. Incorporate new features for the PTIO program that provide for more 

efficiency in implementing the minor source program (for example, 

incorporating a reopening provision for when Ohio EPA may need to make 

changes to a permit prior to renewal); and 

c. Make very minor cross reference/terminology changes necessary due to the 

combining of two regulatory chapters. 

3. OAC rule 3745-15-03 provides broad authority for the director to require emissions 

reporting, often cited for deviation reporting in minor source permits. The currently 

1 OAC rule 3745-31-33 was also amended as part of this process; however at this time Ohio EPA is not 

requesting USEPA review the changes for the reasons identified below under "exception" number 1. 

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approved version ofthis rule contains only one paragraph. This rule was expanded 

upon and now the first paragraph is outlined (as (A)) and additional paragraphs 

were added. We are not requesting the additional paragraphs be incorporated as a 

SIP revision, but rather we are only requesting the SIP be revised to reflect the new 

outline, (A), for the first paragraph. 

Exceptions 

At this time we are requesting the following specific sections/paragraphs of certain OAC 

Chapter 3745-31 rules identified above not be included for incorporation into the revised 

SIP under this request: 

1. On December 1, 2006, Ohio EPA completed amendments to OAC Chapter 3745-31 

to fulfill the requirements of ORC 119.032 for 5-year rule review. Additional 

changes were made to this Chapter as a result of recent legislation, referred to as 

SB265. ORC 3704.03, amended by SB265 ofthe 126th General Assembly, became 

effective on August 3, 2006. On January 18, 2008, Ohio EPA submitted a request 

for a SIP revision. On June 5, 2008, USEPA provided a response that the submittal 

was incomplete based on specific items of concern. At this time, in order to 

expedite processing ofthis SIP revision, Ohio EPA requests the following provisions 

be omitted from this request for a SIP revision while Ohio EPA continues to work 

with you to address the incompleteness of our January 18, 2008 submittal per your 

June 5, 2008 letter. We will ask that these provisions be incorporated as part ofthe 

SIP in accordance with our previous submittal and during future submittals. 

a. OAC rule 3745-31 -05(A)(3)(a)(ii) -formerly (A)(3)(b) in our January 18, 2008 

SIP revision request. 

b. OAC rule 3745-31-01(1). 

2. OAC rule 3745-31-01 (QQQ)(1)(b). 

3. We are also making a special request with respect to OAC rule 3745-31-01 (KKK). 

Ohio EPA submitted this paragraph for incorporation as a SIP revision on February 

4, 2008. We request that you either: move ahead to approve our February 4, 2008 

SIP revision submittal resulting in approval prior to approval of this request; 

simultaneously process our February 4, 2008 SIP submittal with this request; or 

omit (KKK) from this SIP revision request and process our February 4, 2008 SIP 

revision at a later date. We do not desire to delay the processing of this request 

due to any potential processing delays of the changes to paragraph (KKK) 

requested for incorporation into the SIP in our February 4, 2008 letter. 

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NSR Reform Updates 

Ohio EPA submitted a request for a SIP revision to incorporate NSR Reform requirements 

on November 3, 2004. Subsequently we submitted changes to our original request on 

March 2, 2005 and November 15, 2005. These changes requested that USEPA withdraw 

from consideration certain (identified within these letters) provisions related to Clean Units 

and Pollution Control Projects. These SIP revision requests have yet to be processed by 

USEPA. However, since that time, USEPA has made changes to the Code of Federal 

Regulations regarding these provisions. During the PTIO rulemaking process, Ohio EPA 

followed suite. All references to PCPs and Clean Units have been removed from Ohio 

EPA's rules as outlined in our November 15, 2005 letter (see Appendix B (after the six 

Articles)), including the rescission of OAC rules 3745-31-30, Clean Unit, and OAC rule 

3745-31-31, Pollution Control Project; with the exception of: 

1. OAC rule 3745-31-01 (JJJ)(2)[Comment] - refers to OAC rule 3745-31-31. 

2. OAC rule 3745-31-05(D)(5) - refers to OAC rules 3745-31-30 to 3745-31-32. 

Ohio EPA inadvertently overlooked these citations when amending the rules and will be 

removing references to the now rescinded OAC rules 3745-31-30 and 3745-31-31 

during the next amendments. However, these references are meaningless due to the 

rescission of the rules and should have no affect on continuing to approve the NSR 

Reform changes. 

Also note that in our November 15, 2008 letter we identified that we felt Ohio EPA's 

requirements with respect to the "reasonable possibility" language addressed the concerns 

raised by the June 24, 2005 D.C. Circuit Court of Appeals decision. During our original 

adoption of the NSR Reform regulations, Ohio chose to incorporate additional 

requirements beyond USEPA's provisions. Since that time, USEPA has updated the Code 

of Federal Regulations to address the courts concerns with respect to reasonable 

possibility provisions (December 21, 2007 (Volume 72, Number 245)). Ohio EPA is 

currently reviewing these changes to determine if changes to the current Ohio EPA 

reasonable possibility language will be necessary. This langauge is contained in OAC rule 

3745-31-10(A) (formerly paragraph (C) under the NSR Reform request). Therefore; at this 

time we are requesting that you omit the relocation and language of former paragraphs (C) 

and (D) from review under this SIP revision request but do review the the 

changes/relocation of text from former paragraphs (A), (B) and (E) of this rule for 

incorporation into the SIP under this request. 

We request that you continue to process our previous NSR Reform requests discussed 

above, taking into consideration the updated changes with respect to Clean Units and 

PCPs. If Ohio EPA determines an amended SIP revision request with respect to 

"reasonable possibility" language is necessary, we will submit it at a future date. 

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Today's Submittal 

This letter should meet the requirement in 40 CFR Part 51, Appendix V, Section 2.1(a): a 

"formal letter of submittal from the Governor or his designee, requesting EPA approval of 

the plan or revision." The following documents are attached for your consideration per the 

requirements of 40 CFR Part 51, Appendix V: 

Article One addresses the following two requirements: 

40 CFR Part 51, Appendix V, Section 2.1(b) 

"Evidence that the State has adopted the plan in the State code or body of 

regulations; or issued the permit, order, consent agreement (hereafter "document") 

in final form. That evidence shall include the date of adoption or final issuance as 

well as the effective date of the plan, if different from the adoption/issuance date." 

40 CFR Part 51, Appendix V, Section 2.1(d) 

"A copy of the actual regulation, or document submitted for approval and 

incorporation by reference into the plan, including indication ofthe changes made to 

the existing approved plan, where applicable. The submittal shall be a copy ofthe 

official State regulation /document signed, stamped, dated by the appropriate State 

official indicating that it is fully enforceable by the State. The effective date ofthe 

regulation/document shall, whenever possible, be indicated in the document itself." 

A certified copy of each of the rules in redline and strikeout which is being submitted for 

approval and incorporation by reference into the plan has been included as evidence that 

the State has adopted the body of regulations in final form. This submittal is a copy ofthe 

official State regulations signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the 

regulation/document is indicated in the document itself. Please consider that Ohio has an 

electronic rule filing system and all certifications/signatures of regulations are done 

electronically. 

Article Two addresses the following requirement: 

A copy of the public notice and Director's Findings & Orders has been included as 

evidence of the date of adoption as well as the effective date of the regulations and 

evidence that public notice was given ofthe proposed change consistent with procedures 

approved by EPA, including the date of publication of such notice. 

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Article Three addresses the following requirement: 

40 CFR Part 51, Appendix V, Section 2.1(c) 

"Evidence that the State has the necessary legal authority under State law to adopt 

and implement the plan." 

A copy of Ohio Revised Code ("ORC") 3704.02(A)(2) and 3704.03(A), (E), (F) and (G) 

have been included as evidence that the State has the necessary legal authority under 

State law to adopt and implement the plan. 

Article Four addresses the following requirements: 

40 CFR Part 51, Appendix V, Section 2.1(e) 

"Evidence that the State followed all ofthe procedural requirements ofthe State's 

laws and constitution in conducting and completing the adoption/issuance of the 

plan." 

40 CFR Part 51, Appendix V, Section 2.1(f) 

"Evidence that public notice was given of the proposed change consistent with 

procedures approved by EPA, including the date of publication of such notice." 

Ohio EPA has included a narrative and several attachments as evidence that the State 

followed all of the procedural requirements of the State's laws and constitution in 

conducting and completing the adoption/issuance ofthe plan. 

Article Five 

40 CFR Part 51, Appendix V, Section 2.1(g) 

"Certification that public hearings(s) were held in accordance with the information 

provided in the public notice and the State's laws and constitution, if applicable." 

A copy of the transcript from the public hearing held has been provided as evidence of 

certification that public hearing was held in accordance with the information provided in the 

public notice and the State's laws and constitution, if applicable. 

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Article Six 

40 CFR Part 51, Appendix V, Section 2.1(h) 

"Compilation of public comments and the State's response thereto." 

A copy ofthe "Response to Comments" document has been included. 

We would appreciate if US EPA would expedite the review ofthis material. Please contact 

Bob Hodanbosi if you have any questions about this submittal. 

Sincerely, 

Chris Korleski 

Director 

cc: Bob Hodanbosi, Chief Division of Air Pollution Control 

John Summerhays, USEPA Region V 

Attachment 

CK/jln 

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