State of Ohio Environmental Protection Agency 

STREET ADDRESS: 

Lazarus Government Center 

50 W. Town St., Suite 700 

Columbus, Ohio 43215 

Ms. Cheryl Newton 

Director, Air & Radiation Division 

U.S. EPA Region V 

77 W. Jackson Blvd. 

Chicago, IL 60604 

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

www.epa.state.oh.us 

ADDRESS: 

December 1, 2008 

Re: Additional Technical Support for Ohio EPA Letters of April20, 2006 and July 18, 2008 

Requesting Approval of Ohio Administrative Code ("OAC") Rule 3745-31-03 Permit by 

Rule ("PBR") Provisions and OAC Chapter 3745-31 PTIO Implementation Rule Changes 

Respectively into Ohio's State Implementation Plan ("SIP") 

Dear Ms. Newton: 

On July 29,2005, Ohio EPA adopted amendments to OAC rule 3745-31-03, "Exemptions." The 

amendments modified several permanent exemptions and added six new permit-by-rule 

provisions. A request to adopt these provisions into Ohio's SIP was submitted to U.S. EPA on 

April20, 2006. Additionally, on June 30, 2008, Ohio EPA adopted amendments to OAC chapters 

3745-31 and 3745-35 and OAC rule 3745-15-03 associated with Ohio EPA's permit-to-install 

and operate program ("PTIO"). A request to adopt these provisions into Ohio's SIP was 

submitted to U.S. EPA on July 18, 2008. 

The intent of this letter is to demonstrate that the PBR provisions included in the April, 2006 

submission and the PTIO provisions in the July, 2008 submission are protective of the national 

ambient air quality standards, prevention of significant deterioration increments, reasonable 

further progress demonstrations and visibility, and are not in violation of Section 193 of the 

Clean Air Act, "General Savings Clause." 

PBR Provisions 

A PBR is a specific permit, contained in rule, in the Ohio Administrative Code which applies only 

to a certain type of low-emitting air pollution source or facility. The PBR contains qualifying 

criteria, emission limitations, conditions for operation, and requirements for record keeping and 

reporting. The PBR requirements are similar or identical to those found in routine paper air 

pollution permits for these types of sources. The PBR serves to put all these requirements in 

one place for the convenience of the user. The PBR is not an exemption from air pollution 

emission and/or control requirements. Rather, it contains all of the requirements typically issued 

in a paper permit and; therefore, exempts a source from the requirement to obtain the paper 

permit only. 

Six new categories of PBRs were added to OAC rule 3745-31-03 with the July29, 2005 effective 

rule. These categories included: 

1. Auto body refinishing facility 

2. Gasoline dispensing facility with Stage I controls 

® Printed on Recycled Paper 

Ted Strickland, Governor 

Lee Fisher, Lieutenant Governor 

Chris Korleski, Director 

Ohio EPA is an Equal Opportunity Employer 
Ms. Cheryl Newton 2 

Request for Approval of SIP Submittal 

3. Gasoline dispensing facility with Stage I and Stage II controls 

4. Boiler and heater 

5. Small printing facility 

6. Mid-size printing facility 

In addition to the six PBR categories, Ohio EPA also added new reporting requirements for the 

five existing PBR categories. 

It is Ohio EPA's belief that the PBR categories added to and other changes made to OAC rule 

37 45-31-03 are protective of the national ambient air quality standards, prevention of significant 

deterioration increments, reasonable further progress demonstrations and visibility, and are not 

in violation of Section 193 of the Clean Air Act, "General Savings Clause" for the following 

reasons: 

1. The PBR's were based on existing permits or permit templates already in use by Ohio 

EPA at the time the rules were promulgated. The PBRs contain emission limits, 

operational restrictions, monitoring and/or recordkeeping requirements, testing 

requirements, and miscellaneous and permit-specific requirements as do all paper 

permits issued by Ohio EPA. In the case of the PBRs, these requirements are spelled 

out in a standard format in the rule instead of generated on a case-by-case basis as with 

larger, typically more unique facilities. 

2. The emission limits in the PBRs are based on a review of existing permits or permit 

templates already in use. For example, Ohio EPA reviewed approximately 39 permits for 

auto body repair facilities issued by Ohio EPA between 2000 and 2003 and the emission 

limit selected for this category is based on the lowest, most restrictive limit identified in 

the permit review. For each PBR category, the emission limit established is the limit that 

would represent the best available technology ("BAT") limit for that category. 

3. The additional reporting requirements added as part of the July 29, 2005 adoption 

represent a tightening of PBR requirements for all PBR sources. Prior to 2005, PBR 

sources did not have to report that they were claiming PBR status or give annual 

notification that they were in compliance. All existing and new PBR sources are now 

required to notify Ohio EPA when they establish their PBR status and must perform 

record keeping and annual reporting requirements as noted in their PBR. 

4. The establishment of these PBR categories in rule do not "lock them in stone." Ohio has 

the ability to review these categories as necessary and, through rulemaking, amend the 

emission limits, reporting requirements, etc ... as necessary. Ohio EPA is required by 

Ohio Revised Code 119.032 to review our rules at least once every 5 years. During the 5 

year review, Ohio EPA will review each of the PBR categories and update their 

requirements as needed. 

PTIO Implementation Rule Changes 

On June 30, 2008, Ohio EPA adoJ5ted amendments to OAC chapters 3745-31 and 3745-35 and 

OAC rule 3745-15-03 associated with Ohio EPA's PTIO program. The PTIO program represents 

a change in the way Ohio EPA administers our permitting process within the state, but does not 

change the content of those permits. Implementation of the PTIO program does not affect the 
Ms. Cheryl Newton 3 

Request for Approval of SIP Submittal 

emission and control requirements contained in permit documents. Ohio EPA continues to 

incorporate applicable requirements and conduct new source review in the exact manor as 

under the dual permit process. 

The predominant change associated with the PTIO program is the combining of the permit-toinstall with the permit-to-operate documents into one permit document. Historically, Ohio had 

required a facility interested in operating an air pollution source to first obtain a permit-to-install 

prior to construction, then, after the facility was built, obtain a permit-to-operate which was 

essentially a parroting of the permit-to-install. Upon review, Ohio EPA determined that the 

duplication of work was unnecessary, and that a single permit could be issued that would serve 

as both the PTI and PTO, thereby saving time and money for both the regulated community and 

Ohio EPA. 

To combine the two programs, Ohio EPA compared our rules for the PTI (OAC chapter 3745-

31) and PTO (OAC chapter 3745-35) programs. Portions of OAC chapter 3745-35 necessary to 

maintain the unique parts of the PTO program were moved from that chapter into OAC chapter 

37 45-31 to create the PTIO program, and OAC chapter 3745-35 was rescinded. By saving the 

unique portions of the PTO program, Ohio did not rescind any rule language that would allow the 

state's permitting program to be less protective of the national ambient air quality standards, 

prevention of significant deterioration increments, reasonable further progress demonstrations 

and visibility, and or violate Section 193 of the Clean Air Act, "General Savings Clause." 

A copy of Ohio EPA's synopsis detailing the relocation of those unique portions of OAC chapter 

3745-35 into OAC chapter 3745-31 was included in Ohio EPA's July 18,2008 submittal letter for 

the PTIO program. 

Ohio EPA asks that the above mentioned rules be accepted as revisions to Ohio's SIP. We 

would appreciate if U.S. EPA would expedite the review of this material. Please contact Jennifer 

Hunter at 614-644-3696 or jennifer.hunter@epa.state.oh.us if you have any questions about this 

submittal. 

Bob Hodanbosi 

Chief, Ohio EPA Division of Air Pollution Control 

cc: Kaushal Gupta, USEPA Region V 

Jennifer Hunter, Ohio EPA