Article I

Certified Copy of Rules
[--_.._--- ACTION: Final -.----]

TO BE RESCINDED

[DATE: 04/08/2009 8:07 AM·--j

3745-17-02 Ambient air quality standards.

[Comment: For dates of non-regulatory government publications, publications of

recognized organizations and associations, federal rules, and federal statutory provisions

referenced in this rule, see the last paragraph of rule 3745-17-01 of the Administrative

Code titled "Incorporation by reference.If]

(A) Primary ambient air quality standards define levels of air quality which are necessary,

with an adequate margin of safety, to protect the public health. Secondary ambient

air quality standards define levels of air quality which are necessary to protect the

public welfare from any known or anticipated adverse effects of a pollutant.

(B) For the purpose of determining attainment of the primary and secondary standards,

particulates shall be measured in the ambient air as both particles with an

aerodynamic diameter less than or equal to a nominal ten micrometers (PM ) and

particles with an aerodynamic diameter less than or equal to a nomiri& 2.5

micrometers (PM ). 2.5

(C) The level of the primary and secondary twenty-four-hour ambient air quality

standards for PM 0 is one hundred fifty micrograms per cubic meter,

twenty-four-hour a~erage concentration. The standards are attained when the

expected number of days per calendar year with a twenty-four-hour average

concentration above one hundred fifty micrograms per cubic meter, as determined

in accordance with 40 CFR Part 50, Appendix K , is equal to or less than one.

(D)

(E)

The level of the primary and secondary twenty-four-hour standards for PM is

thirty-five micrograms per cubic meter, twenty-four-hour average concentrition.

The standards are attained when the ninety-eighth percentile twenty-four-hour

average concentration, as determined in accordance with 40 CFR Part 50, Appendix

N, is less than or equal to thirty-five micrograms per cubic meter.

The level of the primary and secondary annual standards for PM is fifteen

micrograms per cubic meter, annual average concentration. The sUndards are

attained when the three-year average concentration as determined in accordance

with 40 CFR Part 50, Appendix N, is less than or equal to fifteen micrograms per

cubic meter.

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3745-17-02

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

TO BE RESCINDED

04/18/2009

01/26/2009

119.03

3704.03(E)

3704.03(A),3704.03(E)

2/15/72,6/18/80,6/14/91,4/14/03,2/1/08

2
----------_._----_...__.

ACTION: Final [ DATE: 04/08/2009 8:07 AM J

3745-17-03 Measurement methods and procedures.

[Comment: For dates of non-regulatory government publications, publications of

recognized organizations and associations, federal rules, and federal statutory provisions

referenced in this rule, see the last paragraph of rule 3745-17-01 of the Administrative

Code titled "Incorporation by reference. "]

(A) For purposes of ascertaining, defining, and measuring ambient air quality, PM and

PM shall be measured by the methods specified in paragraphs (B)(15Y and

-(B)(£6), respectively, of rule 3745-17-01 of the Administrative Code. Such

measurements for PM shall be corrected to standard conditions for purposes of

comparing measureme~ts with the ambient air quality standards set forth in rule

3745 17 023745-25-02 ofthe Administrative Code.

(B) Emissions test methods and procedures for all new and existing sources.

(1) For the purpose of determining compliance with paragraph (A)(1) of rule

3745-17-07 ofthe Administrative Code, visible particulate emissions shall be

determined according to the following:

(a) Except as provided in paragraph (B)(1)(b) of this rule, "USEPA Method

9" shall be employed.

(b) As an alternative to the compliance procedures specified in paragraph

(B)(1 )(a) of this rule, coal-fired boilers with heat input capacities equal

to or greater than two hundred fifty million Btu per hour that are

controlled with either baghouses or electrostatic precipitators may

determine compliance with the visible particulate emission limitations

specified in paragraph (A)(1) of rule 3745-17-07 of the Administrative

Code through the use of continuous opacity monitoring data. The

continuous opacity monitoring system shall comply with the

requirements specified in 40 CFR 60.13 and shall be certified in

accordance with the requirements of "USEPA Performance

Specification 1." (The continuous opacity monitoring system consists of

all the equipment used to acquire data and includes the data

recording/processing hardware and software.) During each calendar

quarter, the permittee shall be deemed in compliance with paragraph

(A)(1) of rule 3745-17-07 of the Administrative Code if the following

conditions are met:

(i) The nonexempt opacity values in excess of twenty per cent opacity

are less than 1.10 per cent of the six-minute average opacity

values. (Exempt opacity values are defined in paragraphs

(A)(1)(b), (A)(2), and (A)(3) of rule 3745-17-07 of the

Administrative Code.)

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3745-17-03 2

(ii) None of the nonexempt six-minute average opacity values exceeds

sixty per cent.

(iii) The total amount of time, in hours, of exempt and nonexempt

opacity values greater than twenty per cent and less than sixty per

cent (not including start-up, shutdown, and malfunction

exemptions provided in paragraphs (A)(2) and (A)(3) of rule

3745-17-07 of the Administrative Code) does not exceed the

product of 0.10 times the actual number of hours the emissions

unit was in operation during the calendar quarter.

In the event of a discrepancy between the continuous opacity

monitoring data and any observations performed in accordance with

paragraph (B)(1)(a) of this rule during the same time period, an

evaluation may be performed by the Ohio EPA to assess the accuracy

of the continuous opacity monitoring data (which may include an audit

of the continuous opacity monitoring system performed in accordance

with EPA 34011-86-010 (recommended quality assurance procedures

for opacity continuous emission monitoring systems) and "Acid Rain

Program Continuous Emission Monitoring Systems (CEMS) Field

Audit Manual" and the validity of the observations performed in

accordance with paragraph (B)(1)(a) of this rule. The Ohio EPA may

accept and utilize any data or observation it fmds credible. The

permittee is not precluded from using any credible evidence in defense

of any enforcement action that may be initiated by the Ohio EPA.

(2) For the purpose of determining compliance with paragraph (B)(2) of rule

3745-17-07 of the Administrative Code, pertaining to visible particulate

emissions from coke oven batteries:

(a) Charging operations:

(i) The charging period shall begin when the coal from the charging

system starts to enter the oven and shall end when the last charge

port lid is replaced. Such charging period shall not include the

period oftime during which the port lids are reopened in order to

sweep spilled coal into the oven.

(ii) The observer shall stand on the topside of the coke oven battery

such that a good view of all charge ports of the oven being

charged and the charging system is possible. The observer may

change position to obtain a clear view of all oven ports, drop

sleeves, and hoppers. During the charging period, the observer
3745-17-03 3

shall watch all the potential emission sources including the charge

ports and the entire charging system. Upon observing the release

of any visible particulate emission, an accumulative stopwatch

shall be started. The watch shall be stopped when the visible

particulate emission stops and shall be restarted when a visible

particulate emission reappears. The observer shall continue this

procedure for the entire charging period. If visible particulate

emissions should occur simultaneously from several points during

a charge, the visible particulate emissions shall be timed

collectively as one continuous visible particulate emission.

Furthermore, visible particulate emissions which may start from

one source immediately after those from another source shall be

timed as one continuous visible particulate emission. The

following visible particulate emissions shall not be timed: steam

vapor, visible particulate emissions from burning coal that is

spilled on top of the oven or oven lid during charging, visible

particulate emissions emitted from any equipment other than the

charging system or charging ports, visible particulate emissions

from closed standpipes during charging, visible particulate

emissions emitted from coke oven doors which may rise above

the battery and which may be windblown across its topside, and

visible particulate emissions that drift from the top of the

charging system, but have already been timed as a visible

particulate emission from the drop sleeve below the hopper. The

time recorded on the stopwatch shall represent the total time that

visible particulate emissions are observed during a charge. The

number of seconds of visible particulate emissions observed for

each charge shall be recorded on a data sheet.

(iii) A minimum of six consecutive charges shall be observed and the

time in seconds of visible particulate emissions during such

charges shall be totalled. If the observations of a set of

consecutive charges is interrupted by an event not in the control

of an observer, then the data for the interrupted charge(s) shall be

discarded and additional charge(s) shall be observed until the total

number of consecutive charges equals at least six. For purposes of

this paragraph, charges immediately preceding and following any

interrupted or discarded chargees) shall be deemed consecutive.

(b) Offtake piping and charging hole lids:

(i) The observer shall walk down the length ofthe top ofthe battery and

shall complete the inspection in an expeditious manner consistent

with the safety of the observer. When safety conditions permit,
3745-17-03 4

the observer will walk near the center of the battery, but may

deviate from this path to obtain a better view of any lid or offtake

piping system. Separate traverses may be performed for offtake

piping and charging hole lids. If the battery has two collector

mains, the observer may make two traverses when observing

visible particulate emissions from offtake piping. If an observer

elects to make two traverses for a battery which has two collector

mains, the observer shall inspect one collector main during the

fIrst traverse and inspect the other collector main during the

second traverse. During each traverse, the observer shall record

the time ofthe beginning and end of each traverse and the identity

of any charging hole or offtake piping system having visible

particulate emissions.

(ii) Visible particulate emissions from offtake pIpmg shall include

emissions from cracks and/or defects in the piping, emissions

from the jointure of the battery to the standpipe, emissions from

the standpipe to the gooseneck and gooseneck to the collector

main, emissions from the seal between the gooseneck and

gooseneck lid, and emissions from opened offtake lids. Visible

particulate emissions from charging holes shall include emissions

from the seal between the charging hole or stationary jumper pipe

lid and its casting, emissions from the charging hole or stationary

jumper pipe castinglbattery interface, and emissions from opened

charging holes or stationary jumper pipe lids. Visible particulate

emissions which shall not be included are emissions caused by

maintenance work in progress at an oven, emissions caused by the

vaporization of wet luting materials, emissions caused by burning

or smoldering excess topside coal, and emissions from charging

ports and offtake piping during the charging operation. Visible

particulate emissions from open offtake piping and charging

holes, from a maximum of three ovens, shall be exempt.

Regardless ofthe number of points from which visible particulate

emissions are observed from anyone offtake piping system, the

maximum entry for any oven with a single offtake system shall be

one and the maximum entry for any oven with two offtake piping

systems shall be two. The maximum number of charging hole

leaks recorded for any oven shall not exceed the number of

charging holes on that oven.

(iii) The percentage of charging holes and offtake piping with visible

particulate emissions shall be determined by totalling the number

of charging. holes or offtake piping with visible particulate

emissions, including that number of opened charging holes and

offtake piping with visible particulate emissions which exceeds
3745-17-03 5

the amount which is allowed for three ovens, dividing that

number by the total number of observed charging holes or offtake

piping on operating ovens, and multiplying the result by one

hundred per cent. For purposes ofthis paragraph, any oven which

is not out of service for rebuild or maintenance work that is

extensive enough to require the oven to be skipped in the

charging sequence shall constitute an operating oven. Further, any

opened charging hole or offtake piping lids on operating ovens

shall be included as observed charging holes and offtake piping.

(c) Oven doors:

(i) The observer shall observe visible particulate emISSIons by

completely walking around the coke oven battery at a steady

distance from a position just outside the pusher machine and

quencher car tracks as close to the battery as safety and visibility

conditions permit. The observer shall traverse each side of a

battery expeditiously, recording the time ofthe beginning and end

of each side traverse, the identity of each door having visible

particulate emissions, and the identity of any door not observable

during the traverse. A visible particulate emission from an

individual door shall be noted on an inspection sheet when an

observer determines any visible particulate emissions are

occurring from any location on the perimeter of a coke oven door

or chuck door. Visible particulate emissions observed at the top of

the battery above a specific oven door but not clearly attributable

to such door shall not be counted in this procedure. An observer

shall observe each oven door only once while scanning the

perimeter for any visible particulate emissions. After a brief scan

of an oven door, the observer shall move along his/her traverse,

checking subsequent doors on the battery in a like manner. If a

temporary machine obstruction occurs which blocks the view of a

series of ovens, the ovens shall be bypassed and the remaining

oven doors on that side ofthe battery shall be observed. After the

traverse of such side of the battery, the bypassed oven doors and

only those oven doors, may be reobserved. After completing one

side, the observer shall proceed directly to the opposite side ofthe

battery and proceed to perform a like traverse while repeating the

above procedures. A row oftwo or more continuous batteries may

be inspected by observing all ofthe pusher side doors and then all

ofthe coke side doors.

(ii) The percentage of oven doors with visible particulate emissions

shall be determined by totalling the number of doors with visible
3745-17-03 6

particulate emissions, dividing that sum by the total number of

observed doors on operating ovens, and multiplying the result by

one hundred per cent. For purposes of this paragraph, any oven

which is not out ofservice for a rebuild or maintenance work that

is extensive enough to require that oven to be skipped in the

charging sequence shall constitute an operating oven. Further, any

doors that are removed from operating ovens shall constitute

unobserved doors.

(d) For any pushing operations, visible particulate emISSIons shall be

determined according to "USEPA Method 9" with the following

modifications:

(i) Paragraph 2.5 ("Data Reduction") of "USEPA Method 9" shall not

. be used; and

(ii) Visible particulate emISSIon readings shall be recorded at

fifteen-second intervals during each pushing operation observed

and the average reading during each such operation shall be

determined by summing the opacity readings and dividing this

sum by the number of observations during that pushing operation.

(3) For the purpose of determining compliance with paragraphs (B)(1), (B)(3),

(B)(7)(a)(i), (B)(7)(b), (B)(7)(c), and (B)(8)(a) to (B)(8)(d) of rule

3745-17-07 of the Administrative Code, paragraphs (C)(3)(c), (D)(3),

(F)(4)(c), (1)(1), (L)(3), (0)(1), (P)(2), (V)(4)(c), (W)(2), (X)(2), and (X)(3)

of rule 3745-17-12 of the Administrative Code, or with paragraph (D)(4)(a)

of rule 3745-17-13 of the Administrative Code, visible emissions of fugitive

dust shall be determined according to "USEPA Method 9" with the following

modifications:

(a) For paragraphs (B)(1), (B)(7)(b), (B)(7)(c), (B)(8)(b), (B)(8)(d), and

(B)(9) of rule 3745-17-07 of the Administrative Code, the data

reduction and average opacity calculation shall be based upon sets of

twelve consecutive visible emission observations recorded at

fifteen-second intervals.

(b) Opacity observations shall be made from a position that provides the

observer a clear view of the source and the fugitive dust with the sun

behind the observer. A position at least fifteen feet from the source is

recommended. To the extent possible, the line of sight should be

approximately perpendicular to the flow of fugitive dust and to the

longer axis ofthe emissions. Except as provided in paragraphs (B)(3)(d)
3745-17-03 7

and (B)(3)(e) of this rule, opacity observations shall be made for the

point of highest opacity within the fugitive dust. Since the highest

opacity usually occurs immediately above or downwind of the source,

the observer should normally concentrate on the area(s) of the plume

close to the source. For purposes of paragraphs (B)(7)(b) and (B)(8)(b)

of rule 3745-17-07 of the Administrative Code, observations shall be

made where the fugitive dust plume is distinctly separate from the

falling material and from the surface ofthe pile.

(c) ,::SReserved>.

(d) For paragraphs (B)(7)(a)(i), (B)(8)(a), and (B)(8)(c) ofrule 3745-17-07 of

the Administrative Code and paragraphs (I)(1), (0)(1), and (P)(2) of

rule 3745-17-12 ofthe Administrative Code:

(i) A data set shall consist of twelve observations based on four

uninterrupted vehicle passes, three observations per vehicle pass,

using "USEPA Method 9." The initial observation shall be taken

immediately after passage of the first vehicle, at the point of

highest opacity within the fugitive dust, and at four feet above the

surface of the roadway or parking area. Two additional

observations shall be taken at the same point as the initial

observation and at five seconds and ten seconds after the initial

reading. The same procedure shall be conducted for the next three

vehicle passes. If any interruption in observations during any

vehicle pass occurs, the observation(s) taken during that vehicle

pass shall be discarded and the next vehicle pass shall be

observed. For vehicle traffic on top of any material storage pile,

the observer may observe passes of the same vehicle or vehicles,

at identical of different points atop the pile, in order to obtain

readings for four vehicle passes.

(ii) The data reduction and average opacity calculation shall be based

upon the average oftwelve observations in each data set.

(e) For paragraph (B)(7)(c) of rule 3745-17-07 of the Administrative Code,

observations of fugitive dust resulting from a vehicle's movement upon

a coal storage pile shall be made at a point no less than one vehicle

length from the rear ofthe vehicle and at an elevation no lower than the

maximum height of the vehicle. For purposes of this rule, vehicle

length and height shall be based upon the length and height of the

vehicle being observed.
3745-17-03 8

(4) For the purpose of determining compliance with paragraphs (B)(4) to (B)(6),

(B)(7)(a)(ii), and (B)(7)(d) of rule 3745-17-07 of the Administrative Code,

paragraphs (B), (C)(1), (C)(2), (E), (F)(1) to (F)(3), (K), (M)(1), (M)(2),

(Q)(1), (S)(4)(b), (U)(l), (U)(2), (V)(1) to (V)(3), (W)(1), (X)(1), (X)(4),

(Y)(1) to (Y)(3), and (Z) of rule 3745-17-12 of the Administrative Code, or

with paragraph (B) of rule 3745-17-13 of the Administrative Code, visible

emissions of fugitive dust shall be determined according to "USEPA Method

22" with the following modifications:

(a) If the observer's view is obscured and observations must be terminated

prior to completing the necessary or desired observation period, the

observer shall clearly note this fact on the observation form. When the

observer's view of the source is no longer obscured, the observations

shall recommence to complete the observation period.

(b) The observer shall identify on the observation form all interruptions due

to rest breaks.

(c) For the purpose of determining compliance with the applicable visible

emission limitation, the observations, excluding break periods and

periods of obscured vision, shall be considered continuous.

(d) For any roadway or parking area, the observer shall determine the

presence and duration of visible particulate matter at the same point of

the potential emissions and at a height approximately four feet above

the surface ofthe roadway or parking area.

(5) Visible particulate emission readings other than those referenced in paragraph

(B)(4) of this rule shall be determined by observers qualified according to

tests and procedures set forth in "USEPA Method 9. "

(6) The director may refuse to accept the results of emission tests conducted

pursuant to paragraphs (B)(7) to (B)(10) of this rule which are not conducted

with prior review and approval of the test specifications by the director. Test

specifications must be submitted for this purpose at least thirty days before

the proposed test date. The director will advise an entity of any deficiencies in

the proposed test specifications as expeditiously as practicable so as to

minimize any disruption ofthe proposed testing schedule.

(7) For the purpose of determining compliance with paragraphs (B)(3) and (B)(4)

ofrule 3745-17-08 ofthe Administrative Code:
3745-17-03 9

(a) The amount of particulate emISSIOns shall be determined by the test

methods specified in paragraph (B)(12) of rule 3745-17-01 of the

Administrative Code.

(b) For electric arc furnaces at iron foundries, steel foundries and iron and

steel mills, the sampling and measurement of the particulate emissions

shall be performed only during those operating intervals commencing

with the addition of cold scrap to the furnace and ending with the

completion ofthe tapping ofthe furnace.

(c) For argon-oxygen decarburization vessels, the sampling and measurement

of the particulate emissions shall be performed only during those

operating intervals commencing with the pouring of hot metal into the

vessel and ending with the completion ofthe tapping ofthe vessel.

(d) For basic oxygen furnaces, the sampling and measurement of the

particulate emissions shall be performed only during those operating

intervals commencing with the addition of hot metal to the furnace and

ending with the completion ofthe tapping ofthe furnace.

(e) For hot metal transfer operations, the sampling and measurement of the

particulate emissions shall be performed only during those operating

intervals when hot metal is being poured.

(f) For hot metal desulfurization operations, the sampling and measurement

of the particulate emissions shall be performed only during those

operating· intervals commencing with the initial injection of the

desulfurization agent into the hot metal and ending with the completion

ofthe injection process.

(g) For blast furnace casthouses, the sampling and measurement of the

particulate emissions shall be performed only during the casting

operation, commencing with the opening ofthe tap hole and ending one

minute after the positioning ofthe mud gun to plug the tap hole.

(h) For pushing operations at coke oven batteries, one point of a probe

traverse shall be sampled during each pushing operation and the

sampling and measurement of the particulate emissions shall be

performed only during those operating intervals commencing with the

first movement ofthe ram and ending with the full extension ofthe ram

plus ten seconds or with the first movement of the quench car,

whichever occurs first.
3745-17-03 10

(8) For the purpose of determining compliance with rule 3745-17-09 of the

Administrative Code:

(a) The amount of particulate emISSIOns from an incinerator shall be

determined by test methods specified in paragraph (B)(12) of rule

3745-17-01 of the Administrative Code. Emission tests shall be

conducted at maximum burning capacity ofthe incinerator.

(b) The maximum burning capacity of an incinerator shall be the

manufacturer's or designer's guaranteed maximum rate or such other

rate as may be determined by the director in accordance with good

engineering practices. In case of conflict, the determination made by the

director shall govern.

(9) For the purpose of determining compliance with rule 3745-17-10 of the

Administrative Code and paragraphs (N)(1), (N)(2), (0)(7), (0)(8)(a), (P)(1),

(P)(7), and (P)(8) ofrule 3745-17-12 ofthe Administrative Code:

(a) The amount of particulate emissions shall be determined by test methods

specified in paragraph (B)(12) ofrule 3745-17-01 ofthe Administrative

Code, except that for "USEPA Method 5" the probe and filter holder

heating systems in the sampling train shall be set to provide a gas

temperature no greater than three hundred twenty degrees Fahrenheit

(one hundred sixty degrees Celsius).

(b) The heat content of fuels shall be determined according to ASTM

D5685-05 or ASTM E870-82 for solid fuels, ASTM D240-02 for liquid

fuels, and ASTM D1826-94 for gaseous fuels.

(c) The ash· content of coal shall be determined according to ASTM

D3174-04.

(10) For the purpose of determining compliance with rule 3745-17-11 of the

Administrative Code, paragraphs (C)(3)(b), (D)(2), (F)(4)(b), (F)(5), (G), (H),

(1)(2) to (1)(14), (I)(16), (I)(17), (1)(19) to (I)(30), (I)(38) to (1)(40), (I)(43),

(1)(45), (I)(46), (1)(48), (J), (L)(2), (M)(3), (N)(3), (N)(4), (0)(3) to (0)(6),

(0)(9), (0)(10), (P)(3)(a), (P)(4) to (P)(6), (P)(lO), (P)(11), (Q)(2), (R)(1),

(S)(1) to (S)(4)(a), (T), (U)(3), (V)(4)(b), and (Y)(4) of rule 3745-17-12 of

the Administrative Code, and paragraphs (D)(2), (D)(3), (D)(4)(b) to

(D)(4)(d), (D)(5) and (D)(6) ofrule 3745-17-13 ofthe Administrative Code:

(a) The amount of particulate emissions shall be determined by test methods
3745-17-03 11

specified in paragraph (B)(11) ofrule 3745-17-01 ofthe Administrative

Code.

(b) The controlled mass rate of particulate emissions from sources equipped

with control equipment, or the uncontrolled mass rate of particulate

emissions from sources not equipped with control equipment, shall be

determined by sampling and other measurements made at the air

contaminant source or sources prior to the point at which air

contaminants are emitted to the ambient air. For sources equipped with

control equipment, the uncontrolled mass rate of emission may be

determined by either sampling in the stack upstream from the inlet of

the control equipment or by the use of other techniques accepted by the

director.

(c) For coke quench towers, the concentration of total dissolved solids in the

quench water shall be determined according to Section 209(C),

"Standard Methods for the Examination of Water and Wastewater,"

using a drying temperature between one hundred three and one hundred

five degrees Celsius. Analyses shall be performed on grab samples of

the quench water as applied to the coke. Samples shall be collected at a

minimum of five days per week per quench tower and analyzed to

report a weekly average concentration for each quench tower. Samples

for each week must be analyzed either:

(i) Separately, with daily concentrations determined and averaged as a

weekly average, or

(ii) As one composite sample, with equal volumes of each day's sample

combined to form the composite sample.

(C) Continuous emission monitoring requirements for measuring opacity for "Appendix

P" facilities.

(1) Any facility subject to 40 CFR Part 51, Appendix P, "Minimum Emission

Monitoring Requirements," shall operate and maintain a continuous emission

monitoring system (CEMS) for measuring opacity. The CEMS shall comply

with all specifications outlined in 40 CFR Part 60, Appendix B, "Performance

Specifications." The CEMS must be capable of providing external calibration

filter access in accordance with Section 5.1.9 of "USEPA Performance

Specification 1."

(2) Any owner or operator of a facility that meets the applicability requirements

specified in paragraph (C)(1) of this rule shall submit reports to the director
3745-'17-03 12

of excess emissions for each calendar quarter within thirty days following the

end of each calendar quarter. The reports shall include, but not be limited to,

the times and values of all six-minute average readings of opacity above the

applicable standard(s), along with the dates, magnitudes (per cent opacity),

reasons (if known), and corrective actions taken (if any). In addition, the

reports shall include the dates and times of each period during which the

continuous emission monitoring system was inoperative, except for zero and

span checks, and the nature ofsystem repairs or adjustments.
3745-17-03

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

04/18/2009

01/26/2009 and 04/18/2014

119.03

3704.03(E)

3704.03(A),3704.03(E)

12/31/70,6118/80, 10/15/83,6114/91, 12/6/91,

11/15/95, 1/31/98, 4/14/03, 02/01/08

13
L __A_C_T_IO_N_:F_in_a_l_~

3745-17-14 Contingency plan requirements for Cuyahoga and Jefferson

counties.

(A) By not later than April 1, 1992, the owner or operator of each facility identified

below shall submit to the Ohio EPA approvab1e control strategies and compliance

schedules which meet the following requirements:

(1) The control strategies shall be capable of reducing the particulate emissions

from each ofthe facilities identified below by each ofthe two levels specified

below for each facility:

Facility Name (premise number) Total, required particulate emission reductions for

the facility (in pounds per hour at the maximum

operating rates)

Fifteen :POfceBt per

cent reduction level

Ford Motor Company 5.7

(1318120180)

. United Ready Mix (1318005960) 1.1

International Mill Service, 0.8

Incorporated (1741090068)

Luria Brothers (1318122776) 4.6

T & B Foundry Company 1.7

(1318000504)

Twenty-five :percent per

cent reduction level

9.5

1.1

0.8

6.7

2.8

(2) Except as otherwise provided in this paragraph, the particulate emiSSion

reductions specified in paragraph (A)(1) of this rule shall be obtained from

the sources identified for each affected facility in rules 3745-17-12 and

3745-17-13 of the Administrative Code. If the required reductions cannot

reasonably be obtained from those sources, control strategies may be

developed for other sources at the facility in order to meet the required

reductions for the facility.

(3) In calculating the control strategy, hourly particulate emission rate for a source,

the maximum operating rate for the source shall be used. In addition, for a

source identified in rule 3745-17-12 or 3745-17-13 of the Administrative

Code, the baseline, hourly particulate emission rate shall be based upon the

allowable emission rate specified in those rules and the maximum operating

rate; and the control strategy must be designed to reduce the particulate

emissions below that baseline, hourly particulate emission rate. For a source

fszvlesheer: rukxsI2.14. aurhoring fool: i4i 2.01 ~'ltl{~1' 21,2003. (dv: 4, p: 44337. pa: 71939. ra: 184571, d: 207203j] print do"': 08'25.'2009 03:19 PM
3745-17-14 2

which is not identified in rule 3745-17-12 or 3745-17-13 of the

Administrative Code, the baseline, hourly particulate emission rate shall be

based upon the actual or allowable emission rate, whichever is lower, and the

maximum operating rate; and the control strategy must be designed to reduce

the particulate emissions below that baseline, hourly particulate emission rate.

(4) The following information shall be submitted for each source for which a

control strategy is developed:

(a) A description of the source and the existing control equipment and/or

control measures;

(b) The Ohio EPA application number;

(c) The hourly, baseline particulate emission rate, and the assumptions and

calculations which were used to derive the emission rate;

(d) A description of the type of control equipment and/or control measures

which will be employed to reduce the hourly emission rate, including

the general design specifications and/or operating parameters;

(e) The hourly particulate emission rate that will be achieved by employing

the proposed control equipment and/or control measures, and the

assumptions and calculations which were used to derive the emission

rate; and

(f) The approximate total installed cost and annual operating cost for the

proposed control equipment and/or control measures, and the

assumptions and calculations which were used to derive the costs.

(5) The schedule for implementing each control strategy shall commence upon a

formal determination and notification by the Ohio EPA or the United States

environmental protection agency that the county where the facility is located

is not in compliance with the ambient air quality standards for PM

10' as

specified in rule 3745 17 02 3745-25-02 of the Administrative Code. The

schedule shall include dates for the following milestones:

(a) Award contracts for emission control systems or process modifications, or

issue orders for the purchase of component parts to accomplish

emission control or process modification.

(b) Initiate on-site construction or installation of emission control equipment
3745-17-14 3

or process change.

(c) Complete on-site construction or installation of emISSIOn control

equipment or process change.

(d) Achieve final compliance.

The owner or operator shall demonstrate to the satisfaction of the

director that the schedule is as expeditious as practicable.

(B) The control strategies and compliance schedules submitted in accordance with

paragraph (A) of this rule shall be approved by the director through the issuance,

pursuant to division (R) of section 3704.03 of the Ohio Revised Code, of

administrative [mdings and orders. The findings and orders shall be submitted to

and approved by the United States environmental protection agency as a revision to

the Ohio state implementation plan for particulates.

(C) Upon a formal determination and notification by the Ohio EPA or the United States

environmental protection agency that Cuyahoga county or Jefferson county is not in

compliance with the ambient air quality standards for PM , as specified in rule

3745 17 023745-25-02 of the Administrative Code, the owifer or operator of each

facility identified in paragraph (A)(1) of this rule shall implement the control

strategies and schedules which have been approved by the director. (Such formal

determination and notification of nonattainment shall not occur prior to January 1,

1994.) If the determination and notification of nonattainment are based upon a

twenty-four-hour average ambient air concentration of PM of greater than one

hundred fifty micrograms per cubic meter and less than or l~qual to one hundred

seventy-two and one half micrograms per cubic meter, the owner or operator of

each affected facility shall implement the set of approved control strategies and

compliance schedules which are designed to reduce the hourly particulate emission

rate by fifteen per cent or more. If the determination and notification of

nonattainment are based upon a twenty-four-hour average ambient air concentration

of PM 0 of greater than one hundred seventy-two and one half micrograms per

cubic fueter, the owner or operator of each affected facility shall implement the

approved control strategies and compliance schedules which are designed to reduce

the hourly particulate emission rate by twenty-five per cent or more.

(D) Notwithstanding the requirements of paragraph (C) of this rule, if the determination

and notification of nonattainment referenced in paragraph (C) of this rule reflects

continued nonattainment in only a portion of the county, the director may limit the

requirement for implementation of contingency measures to those facilities which

are identified in paragraph (A)(1) of this rule and which are located either in that

portion of Jefferson County within a two-kilometer radius from the ambient air

quality monitor(s) showing continued nonattainment or in that portion of Cuyahoga
3745-17-14 4

County within a three-kilometer radius from the ambient air quality monitor(s)

showing continued nonattainment.

(E) For purposes of this rule, PM shall be defined and determined in accordance with

paragraph (B)(16) ofrule 374~-17-0l ofthe Administrative Code.
3745-17-14

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

04118/2009

02/01/2013

119.03

3704.03(E)

3704.03(A),3704.03(E)

6/14/91, 12/6/91, 11115/95, 1/31/98,2/1/08

5
[_0__A_C_T_IO_N_:_F_ill_al__--!-]

TO BE RESCINDED

I DATE: 04/08/2009 8:o7AM~

3745-18-02 Ambient air quality standards; sulfur dioxide.

[Comment: For dates of non-regulatory government publications, publications of

recognized organizations and associations, federal rules and federal statutory provisions

referenced in this rule, see the last paragraph of rule 3745-18-01 of the Administrative

Code titled "Incorporation by reference. "]

(A) Primary ambient air quality standards define levels of air quality which are necessary,

with an adequate margin of safety, to protect the public health. Secondary ambient

air quality standards define levels of air quality which protect the public welfare

from any known or anticipated adverse effects of a pollutant.

(B) The primary ambient air quality standards for sulfur dioxide applicable throughout

the area shall be as follows:

(l) The maximum annual arithmetic mean concentration shall not exceed eighty

micrograms per cubic meter (0.03 parts per million by volume).

(2) The maximum twenty-four-hour concentration not to be exceeded more than

once per year shall be three hundred sixty-five micrograms per cubic meter

(0.14 parts per million by volume).

(C) The secondary ambient air quality standard for sulfur dioxide applicable throughout

the area shall be a maximum three-hour concentration not to be exceeded more than

once per year of thirteen hundred micrograms per cubic meter (0.50 parts per

million by volume).

(D) For purposes of ascertaining, defining and measunng ambient air quality,

concentrations of sulfur dioxide shall be determined either through

twenty-four-hour intermittent sampling utilizing the "Reference Method" in

accordance with Appendix A in 40 CFR Part 50, or through the use of a continuous

sampling and recording device which has been designated an "Equivalent Method"

in accordance with 40 CFR Part 53.

[szvlesheer: rule.xs12.14. am/wring 1001: i4i 2.U] J1(~v 21, 20U3, (dl': U, p: 44337, pa: 71939, ra: 184589, d: 207204j] print date: 08/25/2009 03:20 PM
3745-18-02

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

TO BE RESCINDED

04/18/2009

0112612009

119.03

3704.03(D)

3704.03(A), 3704.03(D)

12/18/79, 1123/06

2
r--·--ACTION: Final-------J 0----· DATE: ------.--.-----, 04/08/2009 8:07 AM

3745-18-03

(A) Attainment dates.

Attainment dates and compliance time schedules.

(1) The attainment of the ambient air quality standards for sulfur dioxide

established in rule 3745 18 02 3745-25-02 of the Administrative Code shall

be accomplished throughout the state as expeditiously as practicable, but in

no event shall such time be later than December 31, 1982 or the date provided

in paragraph (A)(2) ofthis rule, whichever is later.

(2) The date for attainment of ambient air quality standards for sulfur dioxide

established in rule 3745 18 023745-25-02 ofthe Administrative Code for the

specified counties shall be as follows:

(a) Morgan county: July 1, 1989 for the secondary ambient air quality

standard;

(b) Washington county: July 1, 1989 for the secondary ambient air quality

standard;

(c) Hamilton county: December 22, 1993 for the primary and secondary

ambient air quality standards; and

(d) Butler county: one hundred fifty six 'Neeks after the effective date of this

ffi1e March 18, 2003.

(B) Certification and permit application requirements.

(1) Except as otherwise provided in paragraph (B)(2) and paragraphs (B)(4) to

(B)(8) of this rule, no later than December 1, 1979, any owner or operator of

any sulfur dioxide emissions source subject to, and not specifically exempted

from, rules 3745-18-06 to 3745-18-94 of the Administrative Code shall

either:

(a) Certify in writing to the director that such source is in full compliance

with all requirements of Chapter 3745-18 of the Administrative Code.

Such certification shall include: equipment description, Ohio

environmental protection agency permit application number (if

assigned), and all necessary data (consistent with the appropriate permit

application appendices) and calculations which confirm the compliance

status. The certification shall also include an application for a permit to

operate permit-to-operate such source in accordance with rule

3745-35-02 of the Administrative Code ifsuch source does not possess

[s(vlesheer: rule.:crI2.14, aurhoring rool: i4i 2.01 May 21, 2{)(H, (dv: 2, p: 44337, pa: 71939,. ra: 184587, d: 207197)] print date: 08/25/2009 03:20 P",l
3745-18-03 2

an effective permit; or

(b) Submit an application for a permit to operate or an application for a

modification to a pefffiit to operate permit-to-operate in accordance

with rule 3745-35-02 of the Administrative Code. Such application

shall include a compliance program which will bring the source into full

compliance with all the requirements of Chapter 3745-18 of the

Administrative Code as expeditiously as practicable but in no event

later than the dates specified in paragraph (C) of this rule, and identify

all reasonable interim control measures.

(2) No later than December 1, 1979, any owner or operator of any sulfur dioxide

emissions source subject to, and not specifically exempted from, rule

3745-18-56 of the Administrative Code (Mahoning county) shall certify in

writing to the director, in a form and manner he/she shall specify, all data

necessary to establish sulfur dioxide emission limitations based on calendar

year 1978 operations.

(3) For fuel burning equipment, the certification and/or permit applications required

by paragraphs (B)(1) and (B)(2) of this rule shall include the test method for

determining compliance as specified in paragraph (D) or (E) of rule

3745-18-04 ofthe Administrative Code, whichever is applicable.

(4) No later than December 1, 1984, the "United States Steel Corporation,

Lorain-Cuyahoga Works" (OEPA premise number 0247080229), shall submit

an application for a permit to operate or an application for a modification to a

pefffiit to operate permit-to-operate in accordance with rule 3745-35-02 ofthe

Administrative Code, which application shall include a compliance program

which will bring the source into full compliance with all the requirements of

paragraphs (E)(5) and (E)(6) of rule 3745-18-53 of the Administrative Code

as expeditiously as practicable but in no event later than the date specified in

paragraph (C)(5) of this rule, and identify all reasonable interim control

measures.

(5) No later than June 10, 1987, any owner or operator of the "Air Force Plant

Number 85" (OEPA premise number 0125040806) shall submit a compliance

program which will bring the facility into compliance with all the

requirements of either paragraph (P)(1) or (P)(2) of rule 3745-18-31 of the

Administrative Code as expeditiously as practicable, and identify all

reasonable interim control measures.

(6) No later than July 15, 1989, any owner or operator ofthe "LTV Steel Company"

(OEPA premise numbers 1318000078 and 1318001613) shall:
3745-18-03 3

(a) Submit a compliance program that will bring the facility into compliance

with all the requirements of paragraphs (B) and (N) ofrule 3745-18-24

of the Administrative Code as expeditiously as practicable, but in no

event later than the date specified in paragraph (C)(7) ofthis rule; and

(b) Identify all reasonable interim control measures.

(7) No later than November 30, 1991, any owner or operator of any sulfur dioxide

emissions source subject to, and not specifically exempted from, rule

3745-18-37 of the Administrative Code, Hamilton county emissions limits,

shall:

(a) Submit a compliance program that will bring the source into full

compliance with all the requirements of rule 3745-18-37 of the

Administrative Code as expeditiously as practicable, but in no event

later than December 22, 1993; and

(b) Identify all reasonable interim control measures.

(8) No later than thirty E1ays after the effective Elate ef this micA April 20, 2000,

any owner or operator of any sulfur dioxide emissions source subject to, and

not specifically exempted from, rule 3745-18-15 ofthe Administrative Code,

Butler county emissions limits, shall:

(a) Submit a compliance program that will bring the source into full

compliance with all the requirements of rule 3745-18-15 of the

Administrative Code as expeditiously as practicable, but in no event

later than the date specified in paragraph (C)(6) ofthis rule; and

(b) Identify all reasonable interim control measures.

(C) Compliance time schedules.

(I) Except as otherwise provided in paragraphs (C)(2) to (C)(lO) of this rule, no

owner or operator shall cause, permit, or allow the operation or other use of

any air contaminant source in violation of the limitations specified in rules

3745-18-06 to 3745-18-94 of the Administrative Code beyond August 27,

1979.

(2) No owner or operator shall cause, permit, or allow the operator or other use of

any air contaminant source in violation of the limits specified in rules
3745-18-03 4

3745-18-15 and 3745-18-83 ofthe Administrative Code beyond September 1,

1982.

(3) No owner or operator shall cause, permit, or allow the operation or other use of

any air contaminant source at the following facilities in violation of the

limitations specified in rules 3745-18-06 to 3745-18-94 of the Administrative

Code beyond June 17, 1980:

(a) "Allied Chemical Corporation":

(i) Cuyahoga county / 5000 Warner road / Garfield Heights / OEPA

premise number 1318222594;

(ii) Lawrence county / South Point / OEPA premise number

0744000009;

(iii) Lawrence county / "Semet Solvay Ironton Tar Plant" / OEPA

premise number 0744010002;

(iv) Lawrence county / "Semet Solvay Division" /"Ironton Coke Plant" /

Ironton / OEPA premise number 0744010004;

(v) Lucas county / "Specialty Chemicals Division" / OEPA premise

number 0448010071.

(b) "Aluminum Company of America": Cuyahoga county / "Cuyahoga

Heights Facility" / OEPA premise number 1318170314.

(c) "Armco Steel Corporation": Muskingum county /"Zanesville Works" /

OEPA premise number 0660010006.

(d) "Ashland Oil, Incorporated":

(i) Hancock county / "Findlay Plant" / OEPA premise number

0332010020;

(ii) Stark county / "Canton Plant" / OEPA premise number

1576000301.

(e) "Austin Powder Company": Vinton county / "McArthur Facility" /OEPA

premise number 0682000000.
3745-18-03 5

(f) "Chase Bag Company": Cuyahoga county / Chagrin Falls /OEPA premise

number 1318130038.

(g) "Coulton Chemical Corporation": Lucas county / Oregon /OEPA premise

number 1677010027.

(h) "E. I. duPont deNemours and Company":

(i) Cuyahoga county / Independence road, Cleveland /OEPA premise

number 1318000151;

(ii) Hamilton county / "Fort Hill Plant" -; OEPA premise number

1431350817;

(iii) Lucas county / Tremainsville road, Toledo / OEPA premise number

0448010058.

(i) "Federal Paper Board Company": Jefferson county / North Third street,

Steubenville / OEPA premise number 1741050009.

G) "General Motors Corporation":

(i) Cuyahoga county / "Fisher Body," Coit road, Cleveland / OEPA

premise number 1318002266;

(ii) Cuyahoga county / "Chevrolet Motor Division," Brookpark / OEPA

premise number 1318451029;

(iii) Erie county / "New Departure-Hyatt" / OEPA premise number

0322020045;

(iv) Franklin county / "Fisher Body," Columbus / OEPA prelTI1se

number 0125040057;

(v) Hamilton county / "General Motors Assembly Division" / OEPA

premise number 1431370848;

(vi) Lorain county / "Fisher Body," Elyria / OEPA premise number

1947040038;
3745-18-03 6

(vii) Montgomery county / "Delco Moraine" / OEPA premise number

0857040017;

(viii) Montgomery county / "Inland Division" / OEPA premise number

0857040927;

(ix) Montgomery county / "Delco Air Conditioning" /OEPA premise

number 0857100028;

(x) Richland county / "Fisher Body," Mansfield / OEPA premise

number 0370000140;

(xi) Trumbull county / "Packard Electric," North River road / OEPA

premise number 0278080051;

(xii) Trumbull county / "Packard Electric," Dana street /OEPA premise

number 0278080052.

(k) "The Goodyear and Tire Rubber Company": Auglaize county / "St. Marys

Facility" / OEPA premise number 0306010138.

(1) "The Gulf Oil Company":

(i) Hamilton county / Hooven / OEPA premise number 1431080082;

(ii) Lucas county / Front street / Toledo / OEPA premise number

0448010060.

(m) "The Hoover Company": Stark county / "Plant I" / OEPA premise

number 1576170258.

(n) "Interlake Incorporated": Lucas county / Toledo / OEPA premise number

0448010397.

(0) "Koppers Company, Incorporated": Mahoning county /Youngstown /

OEPA premise number 0250110146.

(P) "Ohio Greenhouse Association":
3745~18-03 7

(i) Erie county / "Charles J. Otto Greenhouse" / Berlin township /

OEPA premise number 0322000173;

(ii) Erie county / "Jacob H. Otto Greenhouse" / Huron /OEPA premise

number 0322010174;

(iii) Medina county / "Bunker Hill Greenhouse, Incorporated" / Medina

/ OEPA premise number 1652050088;

(iv) Mahoning county / "Canfield Gardens" / OEPA premise number

0250030438.

(v) Mahoning county / "Lonardo and Sons" / OEPA premise number

0250000440.

(q) "Republic Steel Corporation":

(i) Cuyahoga county / 3100 East 45th street / OEPA premise number

1318001613;

(ii) Lake county / "Lime Plant" / OEPA premise number 0243030257;

(iii) Mahoning county / Youngstown / OEPA premise number

0250110464;

(iv) Stark county / "Massillon Coke Plant" / OEPA premise number

1576130696; .

(v) Stark county / "Union Drawn Division," Massillon /OEPA premise

. number 1576130697;

(vi) Stark county / "Central Alloy," Canton / OEPA premise number

1576050694;

(vii) Trumbull county / "Warren Township Facility" /OEPA premise

number 0278080463.

(r) "Shell Oil Company":
3745-18-03 8

(i) Allen county / "Lima Refmery" / OEPA premIse number

0302020012;

(ii) Washington county / "Shell Chemical Corporation" / OEPA premise

number 0684010011.

(s) "The Standard Oil Company":

(i) Allen county / "Lima Refinery" / OEPA premIse number

0302020012;

(ii) Cuyahoga county / "Cleveland Asphalt Plant" /OEPA premise

number 13180001871;

(iii) Lucas county / Oregon / OEPA premise number 0448020007.

(t) "The Sun Petroleum Products": Lucas county / "Oregon Facility" /OEPA

premise number 044801010246.

(u) "The Timken Company":

(i) Crawford county / "Bucyrus Plant" / OEPA premIse number

0317010168;

(ii) Stark county / "Canton Plant Number 5" / OEPA premise number

1576050614;

(iii) Stark county / "Canton Gambrinus Plant" / OEPA premise number

1576000613.

(v) "United States Steel Company":

(i) Ashtabula county / "Conneaut Plant" / OEPA premIse number

0204020081 ;

(ii) Cuyahoga county / "Cuyahoga Works" / OEPA premise number

1318171623;

(iii) Cuyahoga county / "Lorain-Cuyahoga Works" /OEPA premise
3745-18-03 9

number 1318001622;

(iv) Lorain county / "Lorain-Cuyahoga Works" / OEPA premise

number 1947080229;

(v) Mahoning county / "Youngstown Facilities" /OEPA premise

number 0250110469;

(vi) Scioto county / "United States Steel Chemicals" /OEPA premise

number 0773000080;

(vii) Trumbull county / "McDonald Mills" / OEPA premise number

0278040213.

(w) "Wheeling-Pittsburgh Steel Corporation":

(i) Belmont county / Martins Ferry / OEPA premise number

1707090013;

(ii) Jefferson county / "Mingo Junction Facility" /OEPA premise

number 1741090010;

(iii) Jefferson county / "Yorkville Plant" / OEPA premise number

1741120012;

(iv) Jefferson county / "Steubenville North" / OEPA premise number

1741150011.

(x) "White-Westinghouse Corporation":

(i) Franklin county / "Columbus Products Company" /OEPA premise

number 0125040258;

(ii) Richland county / "Mansfield Products" / OEPA premise number

0370010182.

(y) "Jones & Laughlin Steel Corporation": Mahoning county /"Campbell

Works" / OEPA premise number 0250090241.

(z) "Cardinal Operating Company and Buckeye Power, Incorporated":
3745-18-03 10

Jefferson county / "Cardinal Plant" / OEPA premise number

0641050002 and 1741050129.

(aa) "Cincinnati Gas and Electric Company":

(i) Clermont county / "Beckjord Station" / OEPA premise number

113100008;

(ii) Hamilton county / "Miami Fort Station" / OEPA premise number

1431350093.

(bb) "Cleveland Electric Illuminating Company":

(i) Ashtabula county / "Ashtabula Plant 'C'" / OEPA premise number

0204000211;

(ii) Ashtabula county / "Ashtabula Plant" / OEPA premise number

0204010000;

(iii) Cuyahoga county / Canal road, "Steam Heat Plant" /OEPA premise

number 1318000244;

(iv) Cuyahoga county / "Hamilton Avenue Steam Heat Plant" / OEPA

premise number 1318000246;

(v) Cuyahoga county / "Lake Shore Plant" / OEPA premise number

1318000245;

(vi) Lake county / "Eastlake Plant" / OEPA premise number

0243160009;

(vii) Lorain county / "Avon Lake Plant" / OEPA premise number

1947030013.

(cc) "Columbus Southern Power Company":

- (i) Athens county / "Poston Station" / OEPA premise number

0506000000;

(ii) Coshocton county / "Conesville Generating Station" / OEPA
3745-18-03 11

premise number 0616000000;

(iii) Lawrence county / "Pedro Diesels" / OEPA premIse number

0744000000;

(iv) Pickaway county / "Pickway Generating Plant" /OEPA premise

number 0165000005.

(dd) "Dayton Power and Light Company":

(i) Adams county / "J.M. Stuart Station" / OEPA premise number

0701000007;

(ii) Montgomery county / "Third Street Station," Dayton / OEPA

premise number 0857040014;

(iii) Montgomery county / "Longworth Street Station," Dayton / OEPA

premise number 0857040016;

(iv) Montgomery county / "Tait Station" / OEPA premise number

0857100012;

(v) Montgomery county / "Hutching Station" / OEPA premise number

0857780013;

(vi) Montgomery county / "Yankee Station" / OEPA premise number

0857810015.

(ee) "Ohio Edison Company":

(i) Belmont county / "R. E. Burger Plant" / OEPA premise number

0607130015;

(ii) Clark county / "Mad River Plant" / OEPA premIse number

0812790035;

(iii) Clark county / "Rockaway Steam Heat Plant" / OEPA premise

number 0812100036;

(iv) Columbiana county / "East Palestine Station" / OEPA premise
3745-18-03 12

number 1715030150;

(v) Huron county / "Norwalk Plant" / OEPA premise number

0339020181;

(vi) Jefferson county / "W. H. Sammis Plant" / OEPA premise number

041160017;

(vii) Jefferson county / "Toronto Plant" / OEPA premise number

174118018;

(viii) Lorain county / "Edgewater Plant" / OEPA premise number

0247080049;

(ix) Lorain county / "West Lorain Plant" / OEPA premise number

0247080487;

(x) Trumbull county / "Niles Plant" / OEPA premise number

0278060023.

(ff) "Ohio Power Company":

(i) Allen county / "Woodcock Plant" / OEPA premise number

0302000010;

(ii) Gallia county / "Gavin Plant" / OEPA premise number 0627010056;

(iii) Jefferson county / "Tidd Plant" / OEPA premise number

1741050003;

(iv) Jefferson county / "Cardinal Plant" / OEPA premise number

0641050002;

(v) Muskingum county / "Philo Plant" / OEPA premise number

0660000001;

(vi) Washington county / "Muskingum River Plant" / OEPA premise

number 0684000000.

(gg) "Ohio Valley Electric Company": Gallia county / "Kyger Creek Station"
3745-18-03 13

/ OEPA premise number 0627000003.

(hh) "Toledo Edison Company":

(i) Defiance county / Carpenter road, Defiance / OEPA premise number

0320010006;

(ii) Lucas county / "Acme Station" / OEPA premIse number

0448010086;

(iii) Lucas county / "Water Street Station" / OEPA premise number

0448010087;

(iv) Lucas county / Bay Shore Station" / OEPA premIse number

0448020006;

(v) Williams county / "Stryker Substation" / OEPA premise number

0386000006.

(ii) "Youngstown Thermal Corporation": Mahoning county / OEPA premise

number 0250110024.

(4) Notwithstanding the provisions of paragraph (C)(2) of this rule, no owner or

operator shall cause, permit, or allow the operation or other use of any air

contaminant source in violation of the limit specified in paragraph (S) of rule

3745-18-83 ofthe Administrative Code beyond Apri130, 1983.

(5) Notwithstanding the provisions of paragraph (C)(1) of this rule, no owner or

operator shall cause, permit, or allow the operation or other use of any air

contaminant source in violation of the limits specified in paragraphs (E)(5)

and (E)(6) of rule 3745-18-53 ofthe Administrative Code beyond December

31, 1985.

(6) Notwithstanding the provisions of paragraph (C)(1) of this rule, any owner or

operator utilizing low sulfur fuel, including blended or washed coal, or who

installs new emission control systems, or who modifies existing emission

control systems, or who ceases operation in order to comply with the

specified emission limitations, shall bring any air contaminant source

specified in paragraph (C)(6)(a) of this rule into compliance with the

limitations specified in rules 3745-18-06 to 3745-18-94 of the Administrative

Code as expeditiously as practicable but in no event later than the compliance

schedule identified in paragraph (C)(6)(b) of this rule. The compliance time
3745-18-03 14

schedule for each source shall commence on the effective date of the

applicable emission as specified in rules 3745-18-06 to 3745-18-94 of the

Administrative Code.

(a) Air contaminant sources.

(i) "Columbus Southern Power Company": Athens county / "Poston

Station" / OEPA premise number 0605000000 / OEPA source

number B001 to B004;

(ii) "Columbus Southern Power Company": Coshocton county /

"Conesville Generating Station" / OEPA premise number

0616000000/ OEPA source numbers B007 and B008; and

(iii) Sources subject to rule 3745-18-15 of the Administrative Code,

Butler county emission limits.

(b) Compliance time schedule.

(i) No more than eight weeks after the commencement date specified in

paragraph (C)(6) of this rule, the owner or operator of a facility

specified in paragraph (C)(6)(a) of this rule shall notify the

director of the intent to utilize low sulfur fuels, install new

emission control systems, modify existing emission control

systems, or cease operation to achieve compliance, and if utilizing

low sulfur fuel to achieve compliance, the owner or operator shall

submit to the director a ten year projection ofthe amount of fuels

by types that will be substantially adequate to enable compliance

with the applicable limitation;

(ii) No more than thirty-two weeks after the commencement date

specified in paragraph (C)(6) ofthis rule, the owner or operator of

a facility specified in paragraph (C)(6)(a) ofthis rule shall submit

to the director, if applicable, data demonstrating the availability of

the low sulfur fuel projected to meet the emission limits contained

in rules 3745-18-07 to 3745-18-94 ofthe Administrative Code;

(iii) No more than thirty-six weeks after the commencement date

specified in paragraph (C)(6) ofthis rule, the owner or operator of

a facility specified in paragraph (C)(6)(a) ofthis rule shall submit

to the director a statement as to whether modifications to boiler or

emission control equipment will be necessary, and if
3745-18-03 15

modifications will be necessary, submit preliminary plans for

such modifications;

(iv) No more than forty-two weeks after the commencement date

specified in paragraph (C)(6) ofthis rille, the owner or operator of

a facility specified in paragraph (C)(6)(a) of this rule shall submit

to the director fmal plans for equipment modifications necessary

to achieve compliance;

(v) No more than fifty weeks after the commencement date specified in

paragraph (C)(6) of this rule, the owner or operator of a facility

specified in paragraph (C)(6)(a) of this rule shall award contracts

for necessary boiler or emission control modifications, if

applicable, and notify the director in writing that such action was

taken or, if applicable, submit to the director a detailed schedule

for final closure;

(vi) No more than sixty weeks after the commencement date specified

in paragraph (C)(6) of this rule, the owner or operator of a facility

specified in paragraph (C)(6)(a) of this rule shall initiate on-site

modifications, if applicable, and notify the director that such

action was taken;

(vii) No more than one hundred eighteen weeks after the

commencement date specified in paragraph (C)(6) of this rule, the

owner or operator utilizing low sulfur fuel to achieve compliance

at a facility specified in paragraph (C)(6)(a) of this rule shall

complete on-site modifications, if applicable, and notify the

director in writing that such action was taken;

(viii) No more than one hundred twenty-two weeks after the

commencement date specified in paragraph (C)(6) ofthis rule, the

owner or operator using low sulfur fuels to achieve compliance at

a facility specified in paragraph (C)(6)(a) ofthis rule shall achieve

fmal compliance with the applicable emission limitations

specified in rules 3745-18-06 to 3745-18-94 ofthe Administrative

Code and certify compliance to the director in accordance with

rule 3745-18-04 ofthe Administrative Code;

(ix) No more than one hundred forty-four weeks after the

commencement date specified in paragraph (C)(6) ofthis rule, the

owner or operator installing new emission control systems, or

modifying existing emission control systems in order to comply
3745-18-03

(7)

16

with the emission limitations at a facility specified in paragraph

(C)(6)(a) of this rule shall complete on-site modifications or

installations and notify the director in writing that such action was

taken; and

(x) No more than one hundred fifty-six weeks after the commencement

date specified in paragraph (C)(6) of this rule, the owner or

operator installing new emission control systems, or modifying

existing emission control systems in order to comply with the

emission limitations at a facility specified in paragraph (C)(6)(a)

of this rule shall achieve [mal compliance with the applicable

emission limits specified in rules 3745-18-06 to 3745-18-94 ofthe

Administrative Code and certify compliance to the director in

accordance with rule 3745-18-04 ofthe Administrative Code.

(a) Notwithstanding the provisions of paragraph (C)(1) ofthis rule, any owner

or operator who utilizes low sulfur fuels, or who installs new emission

control systems, or who modifies existing emission control systems, or

who ceases operation in order to comply with the specified emission

limits, shall bring any subject air contaminant source into compliance

with the limits specified in paragraphs (B) and (N) of rule 3745-18-24

of the Administrative Code as expeditiously as practicable but in no

event later than the compliance schedule identified in paragraph

(C)(7)(b) of this rule. The commencement date of the compliance time

schedule shall be the effective date ofthis rule.

(b) Compliance time schedule.

(i) No more than eight weeks after the commencement date specified in

paragraph (C)(7)(a) ofthis rule, the owner or operator of a facility

specified therein shall notify the director of the intent to utilize

low sulfur fuels, install new emission control systems, modify

existing emission control systems, or cease operation to achieve

compliance, and if utilizing low sulfur fuel to achieve

compliance, the owner or operator shall submit to the director a

ten year projection of the amount of fuels by types that will be

substantially adequate to enable compliance with the applicable

emission limits;

(ii) No more than sixteen weeks after the commencement date specified

in paragraph (C)(7)(a) of this rule, the owner or operator of a
3745-18-03 17

facility specified therein shall submit to the director, if applicable,

data demonstrating the availability ofthe low sulfur fuel projected

to meet the applicable emission limits;

(iii) No more than twenty-five weeks after the commencement date

specified in paragraph (C)(7)(a) ofthis rule, the owner or operator

of a facility specified therein shall submit to the director a

statement as to whether modifications to boiler or emission

control equipment will be necessary to achieve compliance, and if

modifications will be necessary, submit preliminary plans for

such modifications;

(iv) No more than thirty-two weeks after the commencement date

specified in paragraph (C)(7)(a) ofthis rule, the owner or operator

of a facility specified therein shall submit to the director final

plans for equipment modifications necessary to achieve

compliance;

(v) No more than forty-eight weeks after the commencement date

specified in paragraph (C)(7)(a) ofthis rule, the owner or operator

of a facility specified therein shall award contracts for necessary

boiler or emission control modifications, if applicable, and notify

the director in writing that such action was taken or, if applicable,

submit to the director a detailed schedule for final closure;

(vi) No more than sixty weeks after the commencement date specified

in paragraph (C)(7)(a) of this rule, the owner or operator of a

facility specified therein shall initiate on-site modifications, if

applicable, and notify the director that such action was taken;

(vii) No more than one hundred twelve weeks after the commencement

date specified in paragraph (C)(7)(a) of this rule, the owner or

operator utilizing low sulfur fuel to achieve compliance at a

facility specified therein shall complete on-site modifications, if

applicable, and notify the director in writing that such action was

taken;

(viii) No more than one hundred twenty-four weeks after the

commencement date specified in paragraph (C)(7)(a) of this rule,

the owner or operator utilizing low sulfur fuel to achieve

compliance at a facility specified therein shall achieve final

compliance with the applicable emission limits and certify

compliance to the director in accordance with paragraph (B) of
3745-18-03

(8)

18

this rule;

(ix) No more than one hundred forty-four weeks after the

commencement date specified in paragraph (C)(7)(a) of this rule,

the owner or operator installing new emission control systems, or

modifying existing emission control systems in order to achieve

compliance at a facility specified therein shall complete on-site

modifications or installations and notify the director in writing

that such action was taken; and

(x) No more than one hundred fifty-six weeks afterthe commencement

date specified in paragraph (C)(7)(a) of this rule, the owner or

operator installing new emission control systems or modifying

existing emission control systems in order to achieve compliance

at a facility specified therein shall achieve final compliance with

the applicable emission limits specified in rules 3745-18-06 to

3745-18-94 ofthe Administrative Code and certify compliance to

the director in accordance with rule 3745-18-04 of the

Administrative Code.

(a) Notwithstanding the provisions of paragraph (C)(l) ofthis rule and except

as provided in paragraph (C)(9) of this rule, any owner or operator who

utilizes low sulfur fuels, or who installs new emission control systems,

or who modifies existing emission control systems, or who ceases

operation in order to comply with the specified emission limits, shall

bring any subject air contaminant source into compliance with the

limits specified in rule 3745-18-37 of the Administrative Code,

Hamilton county emission limits, as expeditiously as practicable but in

no event later than the compliance schedule identified in paragraph

(C)(8)(b) of this rule. The commencement date of the compliance time

schedule shall be the effective date ofthis rule.

(b) Compliance time schedule.

(i) No later than July 31, 1992, the owner or operator of a facility

specified in paragraph (C)(8)(a) of this rule shall notify the

director of the intent to utilize low sulfur fuels, install new

emission control systems, modify existing emission control

systems, or cease operation to achieve compliance, and if utilizing

low sulfur fuel to achieve compliance, the owner or operator shall

submit to the director a ten year projection of the amount of fuels
3745-18-03 19

by types that will be substantially adequate to enable compliance

with the applicable emission limits;

(ii) No later than September 25, 1992, the owner or operator of a

facility specified in paragraph (C)(8)(a) ofthis rule shall submit to

the director, if applicable, data demonstrating the availability of

the low sulfur fuel projected to meet the applicable emission

limits;

(iii) No later than October 9, 1992, the owner or operator of a facility

specified in paragraph (C)(8)(a) of this rule shall submit to the

director a statement as to whether modifications to boiler or

emission control equipment will be necessary to achieve

compliance, and if modifications will be necessary, submit

preliminary plans for such modifications;

(iv) No later than January 20, 1993, the owner or operator of a facility

specified in paragraph (C)(8)(a) of this rule shall submit to the

director final plans for equipment modifications necessary to

achieve compliance;

(v) No later than February 7, 1993, the owner or operator of a facility

specified in paragraph (C)(8)(a) of this rule shall award contracts

for necessary boiler or emission control modifications, if

applicable, and notify the director in writing that such action was

taken or, if applicable, submit to the director a detailed schedule

for final closure;

(vi) No later than June 9, 1993, the owner or operator of a facility

specified in paragraph (C)(8)(a) of this rule shall initiate on-site

modifications, if applicable, and notify the director that such

action was taken;

(vii) No later than August 4, 1993, the owner or operator utilizing low

sulfur fuel to achieve compliance at a facility specified in

paragraph (C)(8)(a) of this rule shall complete on-site

modifications, if applicable, and notify the director in writing that

such action was taken;

(viii) No later than September 15, 1993, the owner or operator utilizing

low sulfur fuel to achieve compliance at a facility specified in

paragraph (C)(8)(a) of this rule shall achieve final compliance

with the applicable emission limits and certify compliance to the
3745-18-03

(9)

20

director in accordance with paragraph (B) ofthis rule;

(ix) No later than November 10, 1993, the owner or operator installing

new emission control systems, or modifying existing emission

control systems in order to achieve compliance at a facility

specified in paragraph (C)(8)(a) ofthis rule shall complete on-site

modifications or installations and notify the director in writing

that such action has been taken; and

(x) No later than December 22, 1993, the owner or operator installing

new emission control systems or modifying existing emission

control systems in order to achieve compliance at a facility

specified in paragraph (C)(8)(a) of this rule shall achieve final

compliance with the applicable emission limits specified in rules

3745-18-06 to 3745-18-94 ofthe Administrative Code and certify

compliance to the director in accordance with rule 3745-18-04 of

the Administrative eetle Code.

(a) Notwithstanding the provisions of paragraph (C)(1) ofthis rule, any owner

or operator who utilizes low sulfur fuels, or who installs new emission

control systems, or who modifies existing emission control systems, or

who ceases operation in order to comply with the specified emission

limits, shall bring any subject air contaminant source into compliance

with the limits specified in paragraph (BB) of rule 3745-18-37 of the

Administrative Code as expeditiously as practicable but in no event

later than the compliance schedule identified in paragraph (C)(9)(b) of

this rule. The commencement date of the compliance time schedule

shall be the effective date ofthis rule.

(b) Compliance time schedule.

(i) No later than November 6, 1991, the owner or operator ofthe facility

shall submit to the director a final control plan that describes at a

minimum the steps which will be taken to achieve compliance;

and if utilizing low sulfur fuel to achieve compliance, the owner

or operator shall submit to the director a ten year projection ofthe

amount of fuels by types that will be substantially adequate to

enable compliance with the applicable emission limits;

(ii) No later than January 1, 1992, the owner or operator of the facility

shall submit to the director, if applicable, data demonstrating the
3745-18-03 21

availability ofthe low sulfur fuel projected to meet the applicable

emission limits;

(iii) No later than August 6, 1992, the owner or operator of the facility

shall negotiate and sign all necessary contracts, or issue orders for

the purchase of component parts and notify the director in writing

that such action was taken;

(iv) No later than October 6, 1992, the owner or operator of the facility

shall initiate on-site construction or installation and notify the

director that such action was taken;

(v) No later than November 22, 1993, the owner or operator of the

facility shall complete construction, or cease operation of OEPA

source number B005, B006 and B007, and shall certify

compliance to the director in accordance with paragraph (B) of

this rule; and

(vi) After December 22, 1993, sources B005, B006 and B007 shall not

be operated except in compliance with the requirements of

paragraph (BB) ofrule 3745-18-37 ofthe Administrative Code.

(10) Notwithstanding the provisions of paragraphs (C)(l) to (C)(9) of this rule, the

"Columbus Southern Power Company, Picway Generating Plant," or any

owner or operator ofthe sources subject to the emission limit specified in rule

3745-18-71 (B)(l) of the Administrative Code, shall bring the subject air

contaminant sources into compliance with that limit as expeditiously as

practicable, but in no event later than June 30, 2001.

(D) Alternative emission limits.

(1) Any owner or operator of an air contaminant source specified in paragraphs

(D)(l)(a) to (D)(l)(c) of this rule having alternative sulfur dioxide emission

limits specified in rules 3745-18-06 to 3745-18-94 of the Administrative

Code shall notify the director of the selected emission limits in accordance

with the requirements ofparagraphs (D)(2)(a) and (D)(2)(b) ofthis rule.

(a) "Henkel Corporation, Emery Group" (OEPA premise number

1431070035); paragraph (D)(l) or (D)(2) of rule 3745-18-37 of the

Administrative Code.

(b) "Ford Motor Company" (OEPA premise number 1431140861); paragraph
3745-18-03

(2)

22

(V)(1) or (V)(2) ofrule 3745-18-37 ofthe Administrative Code.

(c) "Cincinnati Gas and Electric Company, Miami Fort Station" (OEPA

premise number 1431350093); paragraphs (BB)(2) and (BB)(3) or

paragraphs (BB)(7) and (BB)(8) of rule 3745-18-37 of the

Administrative Code.

(a) No more than eight weeks after the effective date of the applicable

emission limits the owner or operator shall notify the director of the

selected alternative emission limits and shall bring any subject source

into compliance with the selected alternative emission limits as

expeditiously as practicable, but in no event later than the compliance

schedule specified in paragraph (C)(8) or (C)(9) ofthis rule.

(b) If, after the final compliance date, any owner or operator of an air

contaminant source specified in paragraphs (D)(1)(a) to (D)(1)(c) of

this rule elects to comply with an alternative emission limit not selected

under the provisions of paragraph (D)(2)(a) of this rule, such owner or

operator shall notify the director at least ninety days prior to the

intended date of [mal compliance with the new limits. Any air

contaminant source having alternative emission limits shall

continuously comply with one of the alternative emission limits at all

times after the [mal compliance date.
3745-18-03

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

04/18/2009

01/23/2011

119.03

3704.03(E)

3704.03(A),3704.03(E)

12/28/79, 10/1/82, 12/15/82, 11/1/84,5/11/87,

6/15/89,10/31/9,12/31/00,1/23/06

23
TO BE RESCINDED

3745-21-02 Ambient air quality standards and guidelines.

[Comment: For dates of non-regulatory government publications, publications of

recognized organizations and associations, federal rules, and federal statutory provisions

referenced in this rule, see the last paragraph of rule 3745-21-01 of the Administrative

Code titled "Incorporation by reference. "]

(A) Ambient air quality standards for carbon monoxide, to be applicable throughout the

area, shall be as follows:

(1) The maximum eight hour arithmetic mean concentration not to be exceeded

more than once per year shall be nine parts per million by volume.

(2) The maximum one hour arithmetic mean concentration not to be exceeded more

than once per year shall be thirty-five parts per million by volume.

(B) The ambient air quality standard for ozone to be applicable throughout the area, shall

be the three year average of the annual fourth-highest daily maximum eight-hour

arithmetic mean concentration, not to exceed 0.08 parts per million by volume. The

three year average of the fourth high concentrations shall be determined in

accordance with the procedures in 40 CFR part 50, appendix 1.

[sfvl"sheel: rule.x.s! 2.14, auriJoril:g mol.- 141 2.01,yj"y 2/,2003. (d\'." 0, 1'- 44.B/. p; /1939, m: 18.!.588, d: 21) 7234)J print dm.::-: 08:25,'2009 03:2J PM
3745-21-02

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

TO BE RESCINDED

04/18/2009

01/26/2009

119.03

3704.03(E)

3704.03(A),3704.03(E)

9115170, 12/31170, 10/19179, 10/31/96, 11/5/02,

8/25/08

2
r--- ACTION: Final

3745-23-01 Definitions.

(A) Except as otherwise provided in this rule, the definitions in rule 3745-15-01 of the

Administrative Code shall apply to this chapter.

(B) "USEPA" means the United States environmental protection agency.

(C) Referenced materials. This chapter includes references to certain matter or materials.

The text of the referenced materials is not included in the rules contained in this

chapter. Information on the availability of the referenced materials as well as the

date of, and/or the particular edition or version of the material is included in this

rule. For materials subject to change, only the specific versions specified in this rule

are referenced. Material is referenced as it exists on the effective date of this rule.

Except for subsequent annual publication of existing (unmodified) Code of Federal

Regulation compilations. any amendment or revision to a referenced document is

not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The referenced materials are available as follows:

(a) Code of Federal Regulations. Information and copies may be obtained by

writing to: "Superintendent of Documents, Attn: New Orders, PO Box

371954, Pittsburgh. PA 15250-7954." The full text of the CFR is also

available in electronic format at www.gpoaccess.gov/cfr/index.htmlJ.

The CFR compilations are also available for inspection and copying at

most public libraries and "The State Library of Ohio. "

(2) Referenced materials:

(a) 40 CFR 50.11: "National Primary and Secondary Ambient Air Ouality

Standards for Nitrogen Dioxide: 50 FR 25544, June 19, 1985.

(b) 40 CFR Part 50, Appendix F: "Measurement Principle and Calibration

Procedure for the measurement of Nitrogen Dioxide in the Atmosphere

(Gas Phase Chemiluminescence):" 41 FR 52658, December 1. 1976. as

amended at 48 FR 2529, January 20, 1983.

(c) 40 CFR Part 53: "Ambient Air Monitoring Reference and Equivalent

Methods:" as published in the July 1. 2008 Code of Federal

Regulations.

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3745-23-01

Replaces:

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

Part of3745-23-02

04/18/2009

04/18/2014

119.03

3704.03(D)

3704.03(A),3704.03(D)

2/15/72, 9/23/02, 5/15/06

2
-----.--------J ACTION: FInal

3745-23-02 Methods of measurement.

[Comment: For dates of non-regulatory government publications, publications of

recognized organizations and associations, federal rules, and federal statutory provisions

referenced in this rule, see the "IllooffJoratioli by ReferelloeReferenced materials" section

at the end ofthis rule rule 3745-23-01 ofthe Administrative Code.]

(A) For purposes of ascertaining, defining, and measuring ambient air quality, nitrogen

dioxide shall be measured by the methods stated in divisioll paragraph (B) of this

regulatioll rule or by such other methods as may be approved by the director. Such

measurements shall be corrected to standard conditions for purposes of comparing

measurements with the ambient air quality standard set forth in rule 3745 23 01

3745-25-02 ofthe Administrative Code.

(B) Concentrations of nitrogen dioxide shall be determined through the use of a reference

method required by 40 CFR 50.11 based on 40 CFR Part 50, Appendix F, or

through the use of continuous sampling and recording devices as approved by

USEPA in accordance with 40 CFR Part 53 and designated reference or equivalent

methods.

(C) lliooffJoratioll by referOlloe. This ohapter ille1udes referelioes to oertaill matter or

materials. The text of the illOOffJorated materials is liOt ilie1uded ill the regu1atiolls

oomailled ili this ohapter. The materials are hereby made a part ofthe regu1atiolls ili

this ohapter. For materials subjeot to ohallge, oBly the speoifio versioll speoified ill

the regulatioli are illOOffJOrated. Material is illooffJorated as it exists Oll the effeotive

date ofthis rule. Exoept for subsequem allllUal publioatioll of existillg (unmodified)

Code of Federal Regulatioll oompilatiolis, ally amelldmellt or revisioll to a

referelloed dooumem is llOt iliOOffJOrated Uliless alld Uliti1 this rule has beeli

amellded to speoify the lleVl dates.

(1) A:vailability. The materials illOOffJOrated by referelloe are available as follows:

(a) Code of Federal Regulatiolls. Illfonnatioli alld oopies may be obtailled by

ViTitillg to: "Superilltelidem of Dooumellts, AM: -NeVI Orders, PO Box

371954, Pittsburgh, PA 15250 7954." The full text of the CFR is also

available ill eleotromo format at vnp.v.gpoaooess.gov/ofr/illdex.htmV.

The CFR oompilatiollS are also available for ilispeotioli alld oopyillg at

most publio libraries alld "The State Library of Ohio."

(2) lliooffJorated materials.

(a) 40 CFR Part 53; "Ambiellt Air MOllitori.-B:g Ri)ferelloe alld Equivalelit

Methods;" as published ill the July 1, 2005 Code of Federal

Regulatiolls.

(b) 40 CFR 50.11; "Natiollal PrimaI)' alld Seoolldary Ambient Air Quality

Stalldards for Nitrogell Dioxide; 50 FR 25544, JUlie 19, 1985.

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3745-23-02 2

(c) AppefidiJ( P to 40 CPR Part 50; "Measuremen:t Pri:B:ciple l:H1d Calieratiofi

Procedure for the measuremefit of Nitrogefi Dioxide ifi the Atmosphere

(Gas Phase Chemilumifiescefice); 41 PR 52658, Decem-ber 1, 1976, as

8:ffiefided at 48 PR 2529, JafiUary 20, 1983.
3745-23-02

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/0812009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

04/18/2009

01/26/2009 and 04/18/2014

119.03

3704.03(D)

3704.03(A), 3704.03(D)

2/15/72,9/23/02,5/15/06

3
3745-25-01 Definitions.

[Comment: For dates of non-regulatory government publications, publications of

recognized organizations and associations, federal rules, and federal statutory provisions

referenced in this rule, see paragraph (B) ofthis rule titled "Referenced materials. "]

(A) The following definitions apply to this chapter:

(1) "PM10" means particulate matter with an aerodynamic diameter less than or

equal to a nominal ten micrometers as measured by a reference method based

on 40 CFR Part 50, Appendix J and designated in accordance with 40 CFR

Part 53 or an equivalent method designated in 40 CFR Part 53.

(2) "PM2.5" means particulate matter with an aerodynamic diameter less than or

equal to a nominal 2.5 micrometers as measured either by a reference method

that is based on 40 CFR Part 50, Appendix L and designated in accordance

with40 CFR Part 53 or by an equivalent method designated in accordance

with 40CFR Part 53.

(3) "Primary ambient air quality standard" means the levels of air quality which are

necessary, with an adequate margin ofsafety, to protect the public health.

(4) "Secondary ambient air quality standards" means the levels of air quality which

are necessary to protect the public welfare from any known or anticipated

adverse effects of a pollutant.

(B) Referenced materials. This chapter includes references to certain matter or materials.

The text of the referenced materials is not included in the rules contained in this

chapter. Information on the availability of the referenced materials as well as the

date of, and/or the particular edition or version of the material is included in this

rule. For materials subject to change, only the specific versions specified in this rule

are referenced. Material is referenced as it exists on the effective date of this rule.

Except for subsequent annual publication of existing (unmodified) Code of Federal

Regulation compilations, any amendment or revision to a referenced document is

not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The referenced materials are available as follows:

(a) Code of Federal Regulations. Information and copies may be obtained by

writing to: "Superintendent of Documents, Attention: New Orders, PO

Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is

also available in electronic format at www.access.gpo.gov/nara/cfr/.

The CFR compilations are also available for inspection and copying at

most public libraries and "The State Library ofOhio."

(2) Referenced materials:

(a) 40 CFR Part 50, Appendix A: "Reference Method for the Determination

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3745-25-01 2

of Sulfur Dioxide in the Atmosphere (Pararosaniline Method):" 47 FR

54899, Dec. 6, 1982: 48 FR 17355, Apr. 22, 1983.

(b) 40 CFR Part 50, Appendix I: "Interpretation of the 8-Hour Primary and

Secondary National Ambient Air Ouality Standards for Ozone:" 62 FR

38895, July 18,1997.

(c) 40 CFR Part 50, Appendix J: "Reference Method for the Determination of

Particulate Matter as PMlO in the Atmosphere:" 52 FR 24664, July 1,

1987: 52 FR 29467, Aug. 7, 1987

(d) 40 CFR Part 50, Appendix K: "Interpretation ofthe National Ambient Air

Quality Standards for Particulate Matter:" 71 FR 61224, Oct. 17,2006.

(e) 40 CFR Part 50, Appendix L: "Reference Method for the Determination of

Fine Particulate Matter as PM2.5in the Atmosphere:" 62 FR 38714,

July 18, 1997, as amended at 64 FR 19719, Apr. 22, 1999: 71 FR

61226, Oct. 17, 2006.

(040 CFR Part 50, Appendix N: "Interpretation of the National Ambient Air

Quality Standards for PM2.5:" 71 FR 61227, Oct. 17,2006, as amended

at 73 FR 1502, Jan. 9,2008.

(g) 40 CFR Part 53: "Ambient Air Monitoring Reference and Equivalent

Methods:" as published in the July 1, 2008 Code of Federal

Regulations.
3745-25-01

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

04118/2009

04/18/2014

119.03

3704.03(E),3704.032

3704.03(A), 3704.03(D), 3704.03(E), 3704.032

3
3745-25-02 Ambient air quality standards.

[Comment: For dates of non-regulato:ry government publications, publications of

recognized organizations and associations, federal rules, and federal statuto:ry provisions

referenced in this rule, see paragraph (B) of rule 3745-25-01 of the Administrative Code

titled "Referenced materials."]

Prima:ry ambient air Q.uality standards define levels of air Q.uality which are necessa:ry,

with an adeQ.uate margin of safety, to protect the public health. Seconda:ry ambient air

Q.uality standards define levels of air Q.uality which are necessa:ry to protect the public

welfare from any known or anticipated adverse effects of a pollutant.

(A) Particulate matter:

(1) For the purpose of determining attainment of the prima:ry and seconda:ry

ambient air Q.uality standards for particulate matter applicable throughout the

state of Ohio, particulates shall be measured in the ambient air as both

particles with an aerodynamic diameter less than or eQ.ual to a nominal ten

micrometers (PM10) and particles with an aerodynamic diameter less than or

eQ.ual to a nominal 2.5 micrometers (PM2.5).

(2) The level of the prima:ry and seconda:ry twenty-four-hour ambient air Q.uality

standards for PMIO is one hundred fifty micrograms per cubic meter,

twenty-four-hour average concentration. The standards are attained when the

expected number of days per calendar year with a twenty-four-hour average

concentration above one hundred fifty micrograms per cubic meter, as

determined in accordance with 40 CFR Part 50, Appendix K , is eQ.ual to or

less than one.

(3) The level ofthe prima:ry and seconda:ry twenty-four-hour standards for PM2.5 is

thirty-five micrograms per cubic meter, twenty-four-hour average

concentration. The standards are attained. when the ninety-eighth percentile

twenty-four..:.hour average concentration, as determined in accordan.ce with 40

CFR Part 50, Appendix N, is less than or eQ.ual to thirty-five micrograms per

cubic meter.

(4) The level of the prima:ry and secondary annual standards for PM2.5 is fifteen

micrograms per cubic meter. annual average concentration. The standards are

attained when the three-year average concentration as determined in

accordance with 40 CFR Part 50, Appendix N, is less than or eQ.ual to fifteen

micrograms per cubic meter.

(B) Sulfur dioxide:

(1) The prima:ry ambient air Q.uality standards for sulfur dioxide applicable

throughout the state of Ohio shall be as follows:

(a) The maximum annual arithmetic mean concentration shall not exceed

[szvlesheet: rule.xsI2.14. aurhoring rool: i4i 2.01 ~t1I~\' 21,2003, {dl': 4, p: 4433/. pa: 71939. ra: 184581. d: 207548j] print date: 08/25/2009 03:33 PM
3745-25-02 2

eighty micrograms per cubic meter (0.03 parts per million by volume).

(b) The maximum twenty-four-hour concentration not to be exceeded more

than once per year shall be three hundred sixty-five micrograms per

cubic meter (0.14 parts per million by volume).

(2) The secondary ambient air quality standard for sulfur dioxide applicable

throughout the state of Ohio shall be a maximum three-hour concentration not

to be exceeded more than once per year of thirteen hundred micrograms per

cubic meter (0.50 parts per million by volume).

(3) For purposes of ascertaining, defining and measuring ambient air quality,

concentrations of sulfur dioxide shall be determined either through

twenty-four-hour intermittent sampling utilizing the "Reference Method" in

accordance with in 40 CFR Part 50, Appendix A or through the use of a

continuous sampling and recording device which has been designated an

"Equivalent Method" in accordance with 40 CFR Part 53.

(C) Carbon monoxide:

Ambient air quality standards for carbon monoxide, applicable throughout the state

of Ohio, shall be as follows:

(1) The maximum eight hour arithmetic mean concentration not to be exceeded

more than once per year shall be nine parts per million by volume.

(2) The maximum one hour arithmetic mean concentration not to be exceeded more

than once per year shall be thirty-five parts per million by volume.

(D) Ozone:

The ambient air quality standard for ozone applicable throughout the state of Ohio,

shall be the three year average of the annual fourth-highest daily maximum

eight-hour arithmetic mean concentration, not to exceed 0.08 parts per million by

volume. The three year average of the fourth high concentrations shall be

determined in accordance with the procedures in 40 CFR Part 50, Appendix 1.

(E) Nitrogen dioxide:

The ambient air quality standard for nitrogen dioxide applicable throughout the

state of Ohio shall be as follows: The maximum annual arithmetic mean

concentration shall not exceed 0.053 parts per million (one hundred (100)

micrograms per cubic meter).

(F) Lead:

(1) The ambient air quality standards for lead, applicable throughout the state of
3745-25-02 3

Ohio, shall be a maximum arithmetic mean of 1.5 micrograms per cubic

meter during any calendar quarter.

(2) For purposes of paragraph (F)(1) of this rule, the four calendar quarters are as

follows: first quarter - January, February, March: second quarter - April.

May, June: third quarter - July, August. September: and fourth quarter -

October, November. December.
3745-25-02

Replaces:

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

4

3745-17-02,3745-18-02,3745-21-02,3745-23-01,

3745-71-02

04/18/2009

04/18/2014

119.03

3704.03(E),3704.032

3704.03(A), 3704.03(D), 3704.03(E), 3704.032

9/15/70, 12/31/70,2/15/72, 10/19/79, 12/28/79,

6/18/80,3/27/81,6/14/91, 10/31/96,9/23/02, 11/5/02,

4/14/03, 01/23/06, 03/27/06, 05/15/06, 02/01/08,

08/25/08
ACTION: Final r--DATE: 08/11/2009 8:00 AM I

3745-25-03 Air pollution emergencies and episode criteria.

The purpose of rules 3745-25-02 to 3745-25-05 of the Administrative Code is to prevent

the excessive buildup of air contaminants during air pollution episodes, thereby

preventing the occurrence of an emergency due to the effects ofthese air contaminants on

the health of persons.

(A) Conditions justifying the proclamation of an air pollution "Alert", air pollution

"Warning", or air pollution "Emergency" shall be deemed to exist whenever the

director determines that the accumulation of air contaminants in any place is

attaining or has attained levels which could, if such levels are sustained or

exceeded, lead to a substantial threat to the health of persons. In making this

determination, the director will be guided by the episode stage criteria in

paragraphs (B) to (F) ofthis rule.

(B) "Air pollution forecast": An internal watch by the Ohio environmental protection

agency shall be actuated by a national weather service advisory that an

"Atmospheric Stagnation Advisory" is in effect or the equivalent local forecast of

stagnant atmospheric condition. The air pollution forecast for photochemical

oxidants shall take into consideration, but not be limited to, ambient temperatures,

surface winds, and ultra-violet solar radiation levels.

(C) "Alert": The "Alert" level is that concentration of air contaminants at which fIrst

stage control actions are to begin. An "Alert" will be declared when anyone of the

levels specifIed in paragraph (C)(1) to (C)(5) of this rule is reached at any

monitoring site and meteorological conditions are such that the air contaminant

concentrations can be expected to remain at the specifIed level or reoccur during

the next twenty-four hours unless control actions are taken:

(1) Sulfur dioxide: eight hundred micrograms per cubic meter (0.3 parts per million

by volume), twenty-four-hour average; or

(2) PMlO: three hundred fifty micrograms per cubic meter, twenty-four-hour

average; or

(3) Carbon monoxide: seventeen milligrams per cubic meter (fifteen parts per

million by volume), eight-hour average; or

(4) Photochemical oxidants measured as ozone: four hundred micrograms per cubic

meter (0.2 parts per million by volume), one-hour average; or

(5) Nitrogen dioxide:

(a) One thousand thirty micrograms per cubic meter (0.6 parts per million by

[s(vlesheCI: rule,xs12.14.. authoring 1001: i4i 2.01 .Alay 21,2003, (dv: 1, p: 49897, pa: 84559, ra: 201170, d: 224319)] print date: 08/25/2009 03:14 PM
3745-25-03 2

volume), one-hour average; or

(b) Two hundred eighty-two micrograms per cubic meter (0.15 parts per

million by volume), twenty-four-hour average.

(D) "Warning": The "Warning" level indicates that air quality is continuing to degrade

and that additional control measures are necessary. A "Warning" will be declared

when anyone of the levels specified in paragraphs (D)(l) to (D)(5) of this rule is

reached at any monitoring site and meteorological conditions are such that the air

contaminant concentrations can be expected to remain at the specified levels or

reoccur during the next twenty-four hours unless control actions are taken:

(1) Sulfur dioxide: one thousand six hundred micrograms per cubic meter (0.6 parts

per million by volume), twenty-four-hour average; or

(2) PMlO: four hundred twenty micrograms per cubic meter, twenty-four-hour

average; or

(3) Carbon monoxide: thirty-four milligrams per cubic meter (thirty parts per

million by volume), eight-hour average; or

(4) Photochemical oxidants measured as ozone: eight hundred micrograms per

cubic meter (004 parts per million by volume), one-hour average; or

(5) Nitrogen dioxide:

(a) Photoeheffiieal oxida-EtS ffieasUTed as OZOlle: eight humked ffiierograms

per eubie ffieter (0.4 parts per ffiillioll by yo1uHl:e), Olle hOUT average; or

Two thousand two hundred sixty micrograms per cubic meter (1.2 parts

per million by volume). one-hour average: or

(b) Five hundred sixty-five micrograms per cubic meter (0.3 parts per million

by volume), twenty-four-hour average.

(E) "Emergency": The "Emergency" level indicated that air quality is continuing to

degrade to a level that should never be reached and that most stringent control

actions are necessary. An "Emergency" will be declared when anyone ofthe levels

specified in paragraph (E)(1) to (E)(5) ofthis rule is reached at any monitoring site:

(1) Sulfur dioxide: two thousand one hundred micrograms per cubic meter (0.8

parts per million by volume), twenty-four-hour average; or
3745-25-03

(2) PMIO: five hundred micrograms per cubic meter, twenty-four-hour average; or

3

(3) Carbon monoxide: forty-six milligrams per cubic meter (forty parts per million

by volume); eight-hour average, or

(4) Photochemical oxidants measured as ozone: One thousand micrograms per

cubic meter (0.5 parts per million by volume), one-hour average; or

(5) Nitrogen dioxide:

(a) Three thousand micrograms per cubic meter (1.5 parts per million by

volume), one-hour average; or

(b) Seven hundred fifty micrograms per cubic meter (0.4 parts per million by

volume), twenty-four-hour average.

(F) "Termination": Once declared, any episode stage reached by application of these

criteria will remain in effect until the criteria for that episode stage are no longer

met. At such time, the next lower episode stage will be assumed or the episode may

be terminated completely ifno episode stage criteria are met.
3745-25-03

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

08/11/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

08/2112009

04/18/2014

119.03

3704.03(E),3704.032

3704.03(A), 3704.03(D), 3704.03(E), 3704.032

2/15/72, 12/15/78,9/3/92,4118/09

4
ACTION: Fina(----/

3745-25-04 Air pollution emergency emission control actiou programs.

CA) Any person responsible for the operation of a source of air contaminants which emits

0.25 tons per day or more of air contaminants for which air quality standards have

been adopted shall prepare emission control action programs, consistent with good

industrial practices and safe operating procedures. for reducing the emission of air

contaminants into the ambient air during periods of an air pollution "Alert". air

pollution "Warning", and air pollution "Emergency". Emission control action

programs shall be designed to reduce or eliminate emissions of air contaminants

into the ambient air in accordance with the obiectives set forth in tables I to 5 ofthe

appendix to this rule.

CB) Emission control action programs required by paragraph CA) of this rule shall be in

writing and show the source of air contamination. the approximate amount of

reduction of air contaminants. the approximate time required to effect the program.

a brief description of the manner in which the reduction will be achieved during

each stage of an air pollution episode. and such other information as the director

shall deem pertinent.

CC) Emission control action programs shall be filed with the director at the following

times:

(I) Existing sources as of December 15. 1978 - shall file not later than June 15,

1979:

(2) New sources that are. or will be, part ofa facility, as defined in Chapter 3745-77

of the Administrative Code, and that are required to obtain a Title V permit

under Chapter 3745-77 of the Administrative Code - shall file with an

application for a Title V permit. in accordance with rule 3745-77-04 of the

Administrative Code:

(3) New sources not part of a facility. as defined in Chapter 3745-77 of the

Administrative Code. and that are not required to obtain a Title V permit

under Chapter 3745-77 of the Administrative Code - shall file with an

application for a permit-to-install and operate. in accordance with rule

3745-31-02 ofthe Administrative Code.

(D) During a condition of an air pollution "Alert". air pollution "Warning". and air

pollution "Emergency" emission control action programs required by paragraph (A)

of this rule shall be made available on the premises to any person authorized to

enforce the provisions ofthe emergency procedure.

(E) Emission control action programs as required by paragraph (A) of this rule shall be

submitted to the director upon request within thirty days of the receipt of such

request: such emission control action programs shall be subject to review and

approval by the director. If. in the opinion of the director. such emission control

action programs do not effectively carry out the objectives as set forth in table I to

[-'Nics/Wei: rule,xs! 2.14., ail/hOling lool: iJi 2.{)] Alav ]1, 21)fi3, Id,': 7, p: 44.'137. f'a. ?J~)9, n, /114,'>76. d ?(iIJ030j] print rim,,: 01;:"25'2009 03:39 PM
3745-25-04 2

5 of the appendix to this rule, the director may disapprove said emission control

action programs, state the reason for disapproval and order the preparation of

amended emission control action programs within the time period specified in the

order.
3745-25-04

Replaces:

Effective:

R.C. 119.032 review dates:

. CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

3745-25-03

04/18/2009

04/18/2014

119.03

3704.03(E),3704.032

3704.03(A), 3704.03(D), 3704.03(E), 3704.032

2/15/72, 12/15/78,9/3/92

3
[---~-ACTION: Final--'---1

3745-25-04

ENACTED

Appendix

3745-25-04

Appendix

--.----------.-- I

[DATE: 04/08/2009 8:07 AM

1

3745-25 (EP-19)

TABLE 1 EMISSION REDUCTION OBJECTIVES FOR PARTICULATE

MATTER

SOURCE OF AIR

CONTAMINATION

1. Coal or oil fired electric

power generating facilities

3. A - Manufacturing,

processing, and mining

industries.

AND

B - Other persons required by

the Board or prepare standby

plans.

4.PPENDLY /}('44337) /.)0(.'1939) d{208029; ra(l84576)

AIR POLLUTION ALERT

a. Substantial reduction by

utilization of fuels having

lowest available ash content.

b. Maximum utilization of

midday (12:00 Noon to 4;00

pm.) atmospheric turbulence

for boiler lancing and soot

blowing.

c. Substantial reduction by

diverting electric power

generation to facilities outside

of Alert Area.

a;SY9slantial re,du~tionby

ulilitizationof fuelshavi ng

lowestavailable ash content.

b. Maximum utilization of

midday (12;00 Noon to 4:00

pJTl.).atmospheric'turblilence

forboilEtrJclncing and soot

blowing: .

c. Reduction ofsteam load

demands consistent with

continuing plant operatioiis.

a. Substantial reduction of air

contaminants from

manufacturing operations by

curtailing, postponing, or

deferring production and

allied operations.

b. Maximum reduction by

deferring trade waste

disposal operations which

emit particles, gases, vapors

or malodorous substances.

c. Reduction of heat load

demands for processing

consistent with continuing

plant operations.

reduction t>Y

openburiiing.

b.SubstEintial reduction by

limiting buming,of refuse in

iiicineratorsto the hours

between 12:00 Noon and

4:00p,m.

AIR POLLUTION WARNING

a. Maximum reduction by

utilization of fuels having

lowest available ash content.

b. Maximum utilization of midday (12:00 Noon to 4:00 p.m.)

atmospheric turbulence for

boiler lancing and soot

blowing.

c. Maximum reduction by

diverting electric power

generation to facilities outside

of Warning Area.

a.Maximuriireductionby

utilization of fqelshaving

lowest availabl shcontent.

b. Maximumutilization of mid"

day (12:00Noon to 4;00

m.m.) atmospheric turbulence

for boiler lancing and SQot

blowing.

c. Reduction ofsteam

demands consistent ...,.,~; .. ;;.'

continliiiigplant

d. Making repdy for use a

plan of actioll to 'be taken if

an emergency develops.

a. Maximum reduction of air

contaminants from

manufacturing operations by,

if necessary assuming

reasonable economic

hardship by postponing

production and allied

operations.

b. Maximum reduction by

deferring trade waste

disposal operations which

emit particles, gases, vapors

or malodorous substances.

c. Reduction of heat load

demands for processing

consistent with continuing

plant operations.

a. Maximum reduction by

prevention

of open burning.

b. Complete elimination of the

use of incinerators.

AIR POLLUTION EMERGENCY

a. Maximum reduction by

utilization of fuels having lowest

available ash content.

b. Maximum utilization of mid-day

(12:00 Noon to 4:00 p.m.)

atmospheric turbulence for boiler

lancing and soot blowing.

c. Maximum reduction by

diverting electric power

generation to facilities outside of

Emergency Area.

a. Maximurllreduction by

reducing heat and steam

demandsto absolute necessities

consistent with preventing

equiprllEliitdamage.

b.MaxirlllJrIl utilization of mid-day

(12:00 Nool1 to 4:00p.m.)

atmospheiic turbulence for boiler

lallcingalldsoot blowing.

a. Elimination of air contaminants

from manufacturing operations by

ceasing, curtailing, postponing or

deferring production and allied

operations to the extent possible

without causing injury to persons

or damage to equipment.

b. Elimination of air contaminants

from trade waste disposal

processes which emit particles,

gases, vapors or malodorous

substances.

c. Maximum reduction of heat

load demands for processing.

a. Maximurii reduction by

prevention of open buming,

b. Complete elimination of the

use of incinerators,

print date: 08/25:'2009 3:39 PM
3745-25-04 Appendix

TABLE 2 EMISSION REDUCTION OBJECTIVES FOR SULFUR OXIDES

2

SOURCE OF AIR

CONTAMINATION

1 Coal or oil-fired electric

power generating facilities.

AND

B - Other persons required by

the Board to prepare standby

plans.

AIR POLLUTION ALERT

a. Substantial reduction by

utilization of fuels having

lowest available sulfur

content.

b. Substantial reduction by

diverting electric power

generation to facilities outside

of Alert Area.

a. SUbstgntialreduqion by

util~ationoffuels hav,ing

lowest available sulfur

content.

a. Substantial reduction of air

contaminants from

manufacturing operations by

curtailing, postponing, or

deferring production and

allied operations.

b. Maximum reduction by

deferring trade waste

disposal operations which

emit particles, gases, vapors

or malodorous substances.

c. Reduction of heat load

demands for processing

consistent with continuing

plant operations.

AIR POLLUTION WARNING

a. Maximum reduction by

utilization of fuels having

lowest available sulfur

content.

b. Maximum reduction by

diverting electric power

generation to facilities outside

of Warning Area.

<:i,Maximum r~quction~y

utilization of{uels :haviqg the

lowestavailable'sulfur

b. Reduction of steam load

demaridsbonsistent with

contiriuirig plant bperatibr1s.

c. Makin~reMyfor~)'Ela

plan of acti()~t() b~~kerijf

anemergencydevelops~•

a. Maximum reduction of air

contaminants from

manufacturing operations by,

if necessary, assuming

reasonable economic

hardship by postponing

production and allied

operations.

b. Maximum reduction by

deferring trade waste

disposal operations which

emit particles, gases, vapors

or malodorous substances.

c. Reduction of heat load

demands for processing

consistent with continuing

plant operations.

AIR POLLUTION

EMERGENCY

a. Maximum reduction by

utilization of fuels having

lowest available sulfur

content.

b. Maximum reduction by

diverting electric power

generation to facilities outside

of Emergency Area.

a.Maximum reductioll by

reducing heat and steam

demands to absolute

necessiti.es consistentwith

prElventingequipment

damage.

b, Takiqg the actioncalledJor

.'irrtheemergency plan.

a. Elimination of air

contaminants from

manufacturing operations by

ceasing, curtailing,

postponing or deferring

production and allied

operations to the extent

possible without causing

injury to persons or damage

to equipment.

b. Elimination of air

contaminants from trade

waste disposal processes

which emit particles, gases,

vapors or malodorous

substances.

c. Maximum reduction of heat

load demands for processing.
3745-25-04 Appendix

TABLE 3 EMISSION REDUCTION OBJECTIVES FOR NITROGEN OXIDES

3

'SOURCE OF AIR

CONTAMINATION AIR POLLUTION ALERT AIR POLLUTION WARNING

AIR POLLUTION

EMERGENCY

1. Steam-electric power

generating facilities.

2,ProCess

facilities.

3. A - Manufacturing and

processing industries.

AND

B - Other persons required by

the Board to prepare standby

plans.

4. Stationary-intemal

combustion eligines~

5. Refuse disposal

operations.

a. Substantial reduction by

utilization of fuel which results

in the formation of less air

contaminant.

b. Substantial reduction by

diverting electric power

generation to facilities outside

of Alert Area.

a. Substantial'r-edudtion

utilizationo'f fuel which

in thefo'rmatiQri 'of less

contaminant.

b. ReduCtion of steam load

demands·consistent·with

continuing planfoperatlons:

a. Substantial reduction of air

contaminants from

manufacturing operations by

curtailing, postponing, or

deferring production and

allied operations.

b. Maximum reduction by

deferring trade waste

disposal operations which

emit particles, gases, vapors

or malodorous substances.

c. Reduction of head load

demands for processing

consistent with continuing

plant operations.

8. Reduction of power

demands for pumpin'g'

consistent with 'continuing

operations.

a. Maximum reduction by

prevention of open burning.

b. Substantial reduction by

limiting burning of refuse in

incinerators to the hours

between 12:00 Noon and

4:00 p.m.

a. Maximum reduction by

utilization of fuel which results

in the formation of less air

contaminant.

b. Maximum reduction by

diverting electric power

generation facilities outside of

Warning Area.

a. Maximum reduction:9Y

utilization offuel'whichfeslJlts

in the formation, of less air

b.-Heduction ofsteam;load

der6andsoonsistent with;:';

continuing ,plantQP'~i-ati0n's;.

c. Making ready,for use. a

plan ,of actiori,tci' be taken if

an _emergency develops.

a. Maximum reduction of air

contaminants from

manufacturing operations by,

if necessary, assuming

reasonable economic

hardship by postponing

production and allied

operations.

b. Maximum reduction by

deferring trade waste

disposal operations which

emit particles, gases, vapors

or malodorous substances.

c. Reduction of heat load

demands for processing

consistent with continuing

plant operations.

I a.R8.dt:Jction ofp~wer

demands'for pumping

eonsislentwithcontinu'ing

operations

b'. MaximLim reduction by

utilization:Offuelsor power

source which results in the

fonnation ot:less air

contaminants.

a. Maximum reduction by

prevention of open buming.

b. Complete elimination of the

use of incinerators.

a. Maximum reduction by

diverting electric power

generation to facilities outside

of emergency Area.

a. Maximum,reduction.by

red.lJcin~fheadandste<:i.m

demands'babsolute

necessities:consistent

preventin'g 'equipment

, damage;

a. Elimination of air

contaminants from

manufacturing operations by

ceasing, curtailing,

postponing or deferring

production and allied

operations to the extent

possible without causing

injury to persons or damage

to equipment.

b. Elimination of air

contaminants form trade

waste disposal processes

which emit particles, gases

vapors or malodorous

substances.

c. Maximum reduction of heat

load demands for processing.

a. MaxHnurii'reduction by

niliucingpowefdemands to

absolute necessities '

consistent wit~,pe'rsonnel

safety and,,preventing

eqliipment,damage

b~' Maximum reduction by

utilization' of fuels. or pOWer

source which results in the

formation of less air

contaminants.

a. Maximum reduction by

prevention of open buming.

b. Complete elimination of the

use of incinerators.
3745-25-04 Appendix 4

TABLE 4 EMISSION REDUCTION OB..IECTIVES FOR HYDROCARBONS

SOURCE OF AIR

CONTAMINATION AIR POLLUTION ALERT

AIR POLLUTION

EMER.GENCY

postponil1g,orqE'!ferril'1g

transfer operations to the

e)(\ent possible without

cai.Jsing damage to

equipment.

a. Elimination of air

contaminants by curtailing,

postponing, or deferring

transfer operations to the

extent possible without

causing damage to

equipment.

a. E1iminatiol1 of air

COl1tamipants by curtailing,

a. Elimination of air

contaminants from

manufacturing operations by

ceasing, curtailing,

postponing or deferring

production and allied

operations to the extent

possible without causing

injury to persons or damage

to equipment.

a. Maximum reduction of air

contaminants by assuming

reasonable economic

hardship by postponing

transfer operations.

a. Maximum reduction of air

contaminants from operations

by, if necessary, assuming

reasonable economic

hardship by postponing

production and allied

operations.

a. Substantial reduction of air

contaminants by curtailing,

postponing, or deferring

transfer operations.

a. Substantial reduction of air

contaminants from

manufacturing operations by

curtailing, postponing, or

deferring production and

allied operations.

postponing,ordeferring

transfer operations;

a. SUbst~ntial reductionpfair

contaminClnts by curtailing, J .corlt",r

1. Petroleum products

storage and distribution.

2.

AND

B - Other persons required by

the Board to prepare standby

plans.

TABLE 5 EMISSION REDUCTION OBJECTIVES FOR CARBON MONOXIDE

SOURCEOFAIR

CONTAMINATION

1. A - Manufacturing

industries.

AND

B - Other persons required by

the Board to prepare standby

plans.

2.gefuse disposal operations

AIR POLLUTION

a. Substantial reduction of air

contaminants from

manufacturing operation by

curtailing, postponing, or

deferring production allied

operation

a.Maximum redi.Jctio[1bY

prevention of open buming,

a. Maximum reduction of air

contaminants from operations

by, if necessary, assuming

reasonable economic

hardship by postponing

production and allied

operations.

a. Maximum reduction

prevention of open h .....;'_.,··.·.·..

AIRPOLLUTION

EMERGENCY

a. Elimination of air

contaminants from

manufacturing operations by

ceasing, curtailing,

postponing or deferring

production and allied

operations to the extent

possible without causing

injury to persons or damage

to equipment.

a. MaximufTJ/educ;tionby

preventionofopenbuming. .
[---~. -------1 ACTION: Fina~

3745-25-05 Air pollution emer~ency orders.

(A) The following orders may be issued by the director upon hislher declaration that an

air pollution episode exists for any air contaminants for which air quality standards

have been adopted:

(1) Air "Alert":

(a) Anyone or combination of air contaminants: Any person responsible for

the operation of a source of air contamination as set forth in paragraph

(A) of rule 3745-25-04 of the Administrative Code shall take all air

pollution "Alert" actions as required for such source of air

contamination; and shall particularly put into effect the emission

control action programs for an air pollution "Alert".

(b) Suspended PMIO.

(i) There shall be no open burning by any persons of tree waste,

vegetation, refuse, or debris in any form.

(ii) The use of incinerators for the disposal of any form of solid waste

will be limited to the hours between twelve p.m. and four p.m.

(iii) Persons operating fuel-burning equipment which requires. boiler

lancing or soot blowing shall perform such operations only

between twelve p.m. and four p.m.

(c) Nitrogen oxides, carbon monoxide, hydrocarbons and photo-chemical

oxidants measured as ozone:

(i) There shall be no open burning by any persons of tree waste,

vegetation, refuse, or debris in any form.

(ii) The use of incinerators for the disposal of any form of solid waste

will be limited to the hours between twelve p.m. and four p.m.

(iii) Persons operating motor vehicles shall be strongly encouraged to

eliminate the unnecessary use of automobiles, motorcycles,

light-duty trucks and vans, and recreational vehicles.

(2) Air pollution "Warning":

(a) Anyone or combination of air contaminants: Any person responsible for

the operation of a source of air contamination as set forth in paragraph

(A) of rule 3745-25-04 of the Administrative Code shall take all air

pollution "Warning" actions as required for such source of air

contamination; and shall particularly put into effect, the emission

control action programs for an air pollution "Warning".

[srylesheer: ruk:rs12.14. aurhoring £001: i4i 2.01 Ala,'¥' 21,2003" rdv: 5, p: 44337. pa: 71939. ra: 184575, £1: 208032)J print date: 08/25/2009 03:41 PM
3745-25-05 2

(b) Suspended PMIO:

(i) There shall be no open burning by any persons of tree waste,

vegetation, refuse, or debris in any fonn.

(ii) The use of incinerators for the disposal of any fonn of solid waste

or liquid waste shall be prohibited.

(iii) Persons operating fuel-burning equipment which requires boiler

lancing or soot blowing shall perfonn such operations only

between the hours oftwelve p.m. and four p.m.

(c) Nitrogen oxides, carbon monoxide, hydrocarbons and photo-chemical

oxidants measured as ozone:

(i) There shall be no open burning by any persons of tree waste,

vegetation, refuse, or debris in any fonn.

(ii) The use of incinerators for the disposal of any fonn of solid waste

or liquid waste shall be prohibited.

(iii) Persons operating motor vehicles shall be strongly encouraged to

eliminate the unnecessary use of automobiles, motorcycles,

light-duty trucks and vans, and recreational vehicles. Citizens

who travel to and from work between the hours of six a.m. and

six p.m. are urged to car-pool or utilize public transportation.

(iv) For carbon monoxide "Warnings", persons operating motor

vehicles shall be encouraged to avoid the air pollution "Warning"

area.

(3) Air pollution "Emergency":

(a) Anyone or a combination of contaminants:

(i) Any person responsible for the operation of a source of air

contamination as described in paragraph (A) of rule 3745-25-04

of the Administrative Code shall take all air pollution

"Emergency" actions as listed as required for such source of air

contamination: and shall particularly put into effect the emission

control action programs for an air pollution "Emergency".

(ii) All manufacturing establishments except those included in

paragraph (A)(3)(a)(i) of this rule shall institute such action as

will result in maximum reduction or air contaminants from their

operations by ceasing, curtailing, or postponing operations which
3745-25-05 3

emit air contaminants to the extent possible without causmg

injury to persons or damage to eQuipment.

(iii) All places of employment described below shall immediately cease

operations:

Ca) Mining and Quarrying of non-metallic minerals.

Cb) All contract construction work except that which must

proceed to avoid physical harm.

Cd Wholesale trade establishments, including places of business

primarily engaged in selling merchandise to retailers, to

industriaL commerciaL institutional or professional users, or

to other wholesalers, or acting as agents in buying

merchandise for or selling merchandise to such persons or

compames.

Cd) All offices of locaL county, and state government including

authorities, joint meetings, and other public bodies: except

to the extent that such offices must continue to operate in

order to enforce the reQuirements of this order pursuant to

statute.

Ce) All retail trade establishments except pharmacies and stores

primarily engaged in the sale offood.

(f) Banks: credit agencies other than banks: securities and

commodities brokers, dealers, exchanges and services:

offices of insurance carriers, agents and brokers: real estate

offices.

(g) Wholesale and retail laundries: laundry services and cleaning

and dyeing establishments: photographic studios: beauty

shops, barber shops, shoe repair shops.

Ch) Advertising offices: consumer credit reporting, adjustment and

collection agencies: duplicating, addressing, blueprinting:

photocopying, mailing, mailing list and stenographic

services: eQuipment rental services: commercial testing

laboratories.

(i) Automobile repair, automobile services, garages.

0) Establishments rendering amusement and recreation services

including motion picture theatres.
3745-25-05 4

(k) Elementary and secondary schools, colleges, universIties,

professional schools, junior colleges, vocational schools,

and public and private libraries.

(iv) There shall be no open burning by any person of tree waste,

vegetation, refuse, or debris in any form.

(v) The use of incinerators for the disposal of any form of solid or

liquid waste shall be prohibited.

(vi) The use of motor vehicles: including, but not limited to

automobiles, motorcycles, light-duty trucks and vans, and

recreational vehicles: shall be prohibited except in emergencies

with the approval oflocal or state police.

(B) When the director determines that an air pollution episode condition exists at one or

more monitoring sites solely because of emissions from a limited number of

sources, the director may order such source or sources to put into effect the

emission control action programs which are applicable for each episode stage.
3745-25-05

Replaces:

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

3745-25-04

04/18/2009

04/18/2014

119.03

3704.03(E),3704.032

3704.03(A), 3704.03(D), 3704.03(E), 3704.032

2/15/72, 12/15/78, 9/3/92

5
TO BE RESCINDED

3745-71-02 Ambient air quality standards - lead.

(A) The ambient air quality standards for lead, to be applicable throughout the state of

Ohio, shall be a maximum arithmetic mean of 1.5 micrograms per cubic meter

during any calendar quarter. .

(B) For purposes of this rule, the four calendar quarters are as follows: first quarter -

January, February, March; second quarter - April, May, June; third quarter - July,

August, September; and fourth quarter - October, November, December.

[.wylesheer: rule.xsI2.14. rdl': 0, p: 44337, pa: 71939, ro'184574, d: 207298)] print date: 08/25/2009 03:42 PM
3745-71-02

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

04/08/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

TO BE RESCINDED

04/18/2009

01/26/2009

119.03

3704.03(D)

3704.03(A),3704.03(D)

3/27/81,3/27/06

2
Article II

Copy of Public Notice and

Director's Findings &Orders
State of Ohio

Environmental Protection Agency

Notice of Adoption of Rules

Notice is hereby given that the Director of Environmental Protection, under the authority of

Ohio Revised Code Section 3704.03 has adopted amended Ohio Administrative Code

(OAC) rules 3745-17-03,3745-17-14,3745-18-03 and 3745-23-02, and new OAC rules

3745-23-01 and 3745-25-01 to 3745-25-05. Ohio EPA is also rescinding existing OAC rules

3745-17-02,3745-18-02,3745-21-02, 3745-23-01, 3745-25-01 to 3745-25-04, and 3745-

71-02.

As part of Ohio's state implementation plan (SIP) for attaining and maintaining the national

ambient air quality standards (NMQS), Ohio EPA adopted the federal standards into our

state rules. The particulate matter (PM) standard was located in Ohio Administrative Code

(OAC) Chapter3745-17, sulfur dioxide (S02) in 3745-18, carbon monoxide (CO) and ozone

(03) in 3745-21, nitrogen dioxide (N02) in 3745-23 and lead (Pb) in 3745-71. The wide

scattering of these standards throughout the various chapters often caused confusion

among the regulated community, requiring them to perform extensive searches to find

individual standards. The intent of this rulemaking effort was to consolidate Ohio's ambient

air quality standards (MQS) into a single rule to provide greater accessibility for the

regulated community and the citizens of Ohio.

The consolidated MQS are now included in new OAC rule 3745-25-02. OAC chapter

3745-25 was chosen as the location for this new rule because it already contained Ohio's

emergency episode standards. The emergency episode standards, based on the federal

standards in 40 CFR Part 51, Subpart H, set action levels above which air emergencies

shall be declared. If an emergency is declared, regulated communities and facilities must

implement their emergency control action programs to reduce airborne concentrations of

the six priority pollutants back below the emergency levels. The placement of the MQS

rule in this chapter will combine both the regular standards and the emergency standards in

one location for easier access.

Pursuant to Section 121.39 of the Ohio Revised Code, DAPC is required to consult with

interested parties affected by the rules before the division formal adopts them. On

November 21, 2008 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 was conducted on March 5, 2009, in Columbus, Ohio. There were no comments

received during the comment period or at the public hearing. The Director's order of

adoption was issued on April 8, 2009. The effective date of these rules is April 18, 2009.

To request a copy of these rules, obtain further information, or inspect or request copies of

agency files and records pertaining to the proceeding contact Paul Braun, Ohio EPA,

Division of Air Pollution Control, Lazarus Government Center, PO Box 1049, Columbus,

Ohio 43216-1049 or call Paul Braun at 614-644-3734. The rules are available on the Web
page for electronic downloading. The URL is: http://www.epa.state.oh.us/dapc/

regs/regs. html.

This action of the Director is final and may be appealed to the Environmental Review

Appeals Commission ("ERAC") pursuant to Section 3745.04 of the Ohio Revised Code.

The appeal must be in writing and set forth the action complained of and the grounds upon

which the appeal is based. The appeal must be filed with ERAC within thirty (30) days after

notice of the Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio

43215. Copies of the appeal must be served upon the Director of the Ohio EPA within three

(3) days of filing with ERAC. The appeal must be accompanied by a filing fee of $70.00

which the Commission, in its discretion, may reduce if by affidavit you demonstrate that

payment of the full amount of the fee would cause extreme hardship. Ohio EPA also

requests that a copy of the appeal be served upon the Environmental Enforcement Section

of the Ohio Attorney General's Office.
State of Ohio

Environmental Protection Agency

Notice of Adoption of Rules

Notice is hereby given that the Director of Environmental Protection, under the authority of

Ohio Revised Code Section 3704.03 has adopted amended rule 3745-25-03 of the Ohio

Administrative Code (OAC). The rule contains the criteria justifying the proclamation of an

air pollution "Alert", air pollution "Warning", or air pollution "Emergency" in the state of Ohio.

On April 8, 2009, the Ohio EPA Division of Air Pollution Control (DAPC) final filed OAC rule

3745-25-03 as part of the 5 year review process for OAC chapter 3745-25. A few days

later, it was noted that the "Warning level" for nitrogen dioxide that had been adopted was

incorrect. The adoption of this amended rule corrects the error and restores the level to

meet federal requirernents.

Pursuant to Section 121.39 of the Ohio Revised Code, DAPC is required to consult with

interested parties affected by the rules before the division formal adopts them. On May 22,

2009 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 was conducted

on June 30, 3009 in Columbus, Ohio. There were no comments received during the

comment period The Director's order of adoption was issued on August 11, 2009. The

effective date of these rules is August 21, 2009.

To request a copy of these rules, obtain further information, or inspect or request copies of

agency files and records pertaining to the proceeding contact Paul Braun, Ohio EPA,

Division of Air Pollution Control, Lazarus Government Center, PO Box 1049, Columbus,

Ohio 43216-1049 or call Paul Braun at 614-644-3734. Information on the rule language

and adoption of the rule is available on DAPC's "What's New" Web page for electronic

downloading. The URL is: http://www.epa.state.oh.us/dapc/regs/regs.html. Please see the

information dated August 11, 2009.

This action of the Director is final and may be appealed to the Environmental Review

Appeals Commission (ERAC) pursuant to Section 3745.04 of the Ohio Revised Code. The

appeal must be in writing and set forth the action complained of and the grounds upon

which the appeal is based. The appeal must be filed with ERAC within thirty (30) days after

notice of the Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio

43215. Copies of the appeal must be served upon the Director ofthe Ohio EPA within three

(3) days of I1ling with ERAC. The appeal must be accompanied by a filing fee of $70.00

which the Commission, in its discretion, may reduce if by affidavit you demonstrate that

payment of the full amount of the fee would cause extreme hardship. Ohio EPA also

requests that a copy of the appeal be served upon the Environmental Enforcement Section

of the Ohio Attorney General's Office.
BEFORE THE '."') r-'

o. - '.j

OHIO ENVIRONMENTAL PROTECTION AGENCY _ _ •.•••••• w' ••• , ... "_' •• ! ".j I ••

In the Matter of:

The Adoption of Amended

Rules 3745m17~03, 3745-17-14,

3745-18-03, and 3745-23-02, the:

Rescission of Existing Rules

3745-17~02, 3745-18~02,

3745-21-02, 3745~23-01,

3745-25-01 through 3745 m25-D4,:

and 3745-71-02, and the

Adoption of New Rules

3745-23-01, and 3745-25~01

Through 3745m25~05

of the Ohio Administrative

Code

Director's Final Findings and

Orders

I certify this to be a true and accurate copy of the

official documents as filed in the records of the Ohio

Environmentai Protection Agency.

C- \ ,

i \"" ,! l ' . ,....,

B~~ '. ~,~c..'~cdeVDateA _ __" c g G 1

FINDINGS AND ORDERS

The Director of Environmental Protection, having considered in compliance with the

Administrative Procedure Act the adoption, in final form, of the proposed amended rules of

the Ohio Administrative Code cited above, finds:

1. That due notice of a public hearing in this matter pursuant to the Administrative

Procedure Act was given, that a public hearing was held on Friday, March 13,2009

in Columbus, Ohio, and that all interested persons were afforded the opportunity to

be heard; and

2. That upon due consideration, the adoption of amended rules, rescission of existing

rules, and adoption of new rules of the Ohio Administrative Code cited above, is

reasonable and lawful and within the purview of authority provided by law.

It is therefore

ORDERED that amended rules 3745-17-03, 3745-17-14, 3745-18-03, and 3745-23-

02, and new rules 3745-23-01, and 3745-25-01 through 3745-25-05 of the Ohio

Administrative Code be adopted in final form, and that existing rules 3745-17-02,

1
3745-18-02,3745-21-02,3745-23-01,3745-25-01 through 3745-25-04, and 3745-

71-02 of the Ohio Administrative Code be rescinded.

It is further

OR~p~Ef8t~Hfighe e.ffective date of said new, amended, and rescinded rules shall be

It is further

ORDERED that copies of these Findings and Orders and certified copies of said new,

amended and rescinded rules, in final form, shall be filed with the Secretary of State, the

Joint Committee on Agency Rule Review, the Legislative Services Commission, and the

Department of Development's Office of Small and Developing Business, as required by

law.

APPEAL RIGHTS

Notice is hereby given that this action of the Director is final and may be appealed to the

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio

Revised Code. The appeal must be in writing and set forth the action complained of and

the grounds upon which the appeal is based. The appeal must be filed with the

Commission within thirty (30) days after notice of the Director's action. The appeal must be

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce

if by affidavit you demonstrate that payment of the full amount of the fee would cause

extreme hardship. Notice of the filing of the appeal shall be filed with the Director within

three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal

be served upon the Ohio Attorney General's Office, Environmental Enforcement Section.

An appeal may be filed with the Environmental Review Appeals Commission at the

following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus, OH 43215

Chris Korleski, Director

Ohio Environmental Protection Agency

Q ([, if

Issued at Columbus, Ohio this --=.O_~_ day of --'-tt..... · .....I",-£.w(L~ , 2() () 1.

2
BEFORE THE OHIO f.P.A.

AUG II 2009

OHIO ENVIRONMENTAL PROTECTION A~F=N~'(c.£.... :NTfREO 011'\ t: lOR'S JOURNAL

1 \ \ I e· .! "CO L9'",~-{\lt-1 DateQ.· t \-(J'f ,

In the Matter of:

The Adoption of Amended

Rule 3745-25-03 of the

Ohio Administrative Code

Director's Final Findings and

Orders

I certify this to be a true and accurate copy of the

official documents as filed in the records of the Ohio

Environmental Protection Agency.

r'\

" \

r\.i

'''Y .';k ~' (~.,'----L\,,.c. --~5 <.)

FINDINGS AND ORDERS

The Director of Environmental Protection, having considered in compliance with the

Administrative Procedure Act the adoption, in final form, of the proposed amended rule of

the Ohio Administrative Code cited above, finds:

1. That due notice of a public hearing in this matter pursuant to the Administrative

Procedure Act was given, that a public hearing was held on Tuesday, June 30,2009

in Columbus, Ohio, and that all interested persons were afforded the opportunity to

be heard; and

2. That upon due consideration, the adoption of the amended rule of the Ohio

Administrative Code cited above; is reasonable and lawful and within the purview of

authority provided by law.

It is therefore

ORDERED that amended rule 3745-25-03 of the Ohio Administrative Code be

adopted in final form.

1
AUG 21 2009

It is further

ORDERED that the effective date of said amended rule shall be -----'-----

It is further

ORDERED that copies of these Findings and Orders and certified copies of said amended

rule, in final form, shall be filed with the Secretary of State, the Joint Committee on Agency

Rule Review, the Legislative Services Commission, and the Department of Development's

Office of Small and Developing Business, as required by law.

APPEAL RIGHTS

Notice is hereby given that this action of the Director is final and may be appealed to the

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio

Revised Code. The appeal must be in writing and set forth the action complained of and

the grounds upon which the appeal is based. The appeal must be filed with the

Commission within thirty (30) days after notice of the Director's action. The appeal must be

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce

if by affidavit you demonstrate that payment of the full amount of the fee would cause

extreme hardship. Notice of the filing of the appeal shall be filed with the Director within

three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal

be served upon the Ohio Attorney General's Office, Environmental Enforcement Section.

An appeal may be filed with the Environmental Review Appeals Commission at the

following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus, OH 43215

CJ?02e

Chris Korleski, Director

Ohio Environmental Protection Agency

.~

Issued at Columbus, Ohio this II day of /+(/CIJfI

.'.-;:

2