State of Ohio Environmental Protection Agency STREETADDRESS: 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 Supportfor Ohio EPA Letters ofApril20,2006 and July18,2008 Requesting Approval of Ohio Administrative Code ("OAC") Rule 3745-31-03 Permit by Rule ("PBR") Provisions and OAC Chapter3745-31 PTIO Implementation Rule Changes Respectively into Ohio's State Implementation Plan ("SIP")
Dear Ms. Newton: On July29,2005, Ohio EPAadopted amendmentsto OAC rule 3745-31-03, "Exemptions."The amendments modified several permanent exemptions and added six new permit-by-rule provisions

.A request to adoptthese provisions into Ohio's SIP was submitted to U.S. EPAon April20, 2006. Additionally, on June 30, 2008, Ohio EPAadopted amendmentstoOACchapters 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 ofthe 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 AirAct, "General Savings Clause."
PBR Provisions A PBR is a specific permit, contained in rule, in the OhioAdministrative Codewhich applies only to a certain type of low-emitting air pollution source or facility. The PBR contains qualifying criteria, emission limitations,conditions foroperation, 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/orcontrol requirements. Rather, it containsall ofthe requirements typicallyissued in a paper permit and; therefore, exempts a source from the requirement to obtain the paper permit only. Sixnewcategories of PBRswere addedtoOAC rule 3745-31-03with the July29,2005 effective rule. These categories included: 1

. Auto body refinishing facility 2. Gasoline dispensing facilitywith Stage I controls

® Printed on Recycled Paper Ted Strickland, Governor Lee Fisher, Lieutenant Governor Chris Korleski, Director Ohio EPA is an Equal OpportunityEmployerMs. Cheryl Newton 2 Request for Approval ofSIP 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 EPAalso added new reporting requirements for the five existing PBR categories. It is Ohio EPA's beliefthat the PBR categories added to and other changes made to OAC rule 3745-31-03 are protective ofthe national ambient airqualitystandards, prevention ofsignificant 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 ofthe PBRs, these requirements are spelled out in astandardformat in the rule instead ofgenerated on a case-by-case basis aswith 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. Forexample, Ohio EPA reviewed approximately39 permits for auto body repairfacilities issued byOhio 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 limitthat 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 recordkeeping and annual reporting requirements as noted in their PBR.
4. The establishmentofthese PBR categories in rule do not"lockthem in stone." Ohio has the abilityto reviewthese categories as necessaryand, through rulemaking, amend the emission limits, reporting requirements, etc

... as necessary. Ohio EPA is required by Ohio Revised Code 119.032to review our rules at leastonce every5years. 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 EPAadoJ5ted 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 theway Ohio EPAadministers our permitting processwithin the state, but does not change the content of those permits. Implementation ofthe PTIO program does not affect theMs. CherylNewton 3 Requestfor Approval ofSIP 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 underthe dual permit process. The predominant change associated with the PTIO program is the combining ofthe permit-toinstall with the permit-to-operate documents into one permit document. Historically, Ohio had required afacility 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 ofworkwas unnecessary, and that a single permit could be issued thatwould serve as both the PTI and PTO, therebysaving time and moneyfor both the regulated communityand 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 ofOAC chapter3745-35 necessaryto maintain the unique parts ofthe PTO program were moved from that chapter into OAC chapter 3745-31 to create the PTIO program, and OAC chapter 3745-35 was rescinded. By saving the unique portions ofthe PTO program, Ohio did not rescind any rule languagethatwould allowthe state's permitting program to be less protective ofthe national ambient air quality standards, prevention ofsignificant deterioration increments, reasonable further progress demonstrations and visibility, and or violate Section 193 ofthe Clean Air Act, "General Savings Clause." A copy ofOhio EPA's synopsis detailing the relocation ofthose unique portions ofOAC chapter 3745-35 into OAC chapter 3745-31 was included in Ohio EPA's July 18,2008submittal letterfor 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. EPAwould expedite the reviewofthis material. Please contactJennifer Hunterat 614-644-3696 orjennifer.hunter@epa.state.oh.us ifyou have anyquestions aboutthis submittal.

Bob Hodanbosi Chief, Ohio EPA Division ofAir Pollution Control

cc: Kaushal Gupta, USEPA Region V Jennifer Hunter, Ohio EPA