# Article I Certified Copy of Rules

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## 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TO BE RESCINDED 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 ofrule 3745-17-01 ofthe Administrative Code titled "Incorporationbyreference.If] (A) Primary ambient airquality standards define levels ofairquality which are necessary, with an adequate margin ofsafety, to protect the public health. Secondary ambient air quality standards define levels ofair quality which are necessary to protect the public welfare from anyknown or anticipated adverse effects ofapollutant. (B) For the purpose ofdetermining attainment ofthe 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 CFRPart 50, Appendix K , is equal to orless 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 determinedin accordance with 40 CFRPart 50, Appendix N, is less than orequal to thirty-five micrograms percubicmeter. 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 cubicmeter.**[s~vlesheel:** rule.xs12.1{ authoringrool: j./j2.01 Alay21,2003, (dv: 0, IX 4433'7.1- pa: 71939, ra: 184573, d: 20719.9)J print date: 08.'25/2009 03: 17 PM3745-17-02

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: TO BERESCINDED

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----------_._----_...

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## ACTION: Final [ DATE: 

## 04/08/2009 8:07 AM

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3745-17-03 Measurementmethods 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 ofrule 3745-17-01 ofthe Administrative Code titled "Incorporationbyreference."] (A) For purposes ofascertaining, 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 testmethods andprocedures 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) ofthis rule, "USEPA Method 9" shall be employed. (b) As an alternative to the compliance procedures specified in paragraph (B)(1)(a) ofthis 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) ofrule 3745-17-07 ofthe 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 systemconsists 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) ofrule 3745-17-07 ofthe Administrative Code ifthe following conditions aremet: (i) The nonexempt opacity values in excess oftwenty 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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(ii) None ofthe nonexempt six-minute average opacity values exceeds sixtypercent. (iii) The total amount of time, in hours, of exempt and nonexempt opacity values greaterthantwenty 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 of0.10 times the actual number ofhours the emissions unitwas in operationduring the calendarquarter. 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 ofthe continuous opacity monitoring data (which may include an audit ofthe 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) ofthis 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 ofany enforcementactionthatmaybe initiatedby 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 ovenbatteries: (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 spilledcoal into the oven. (ii) The observer shall stand on the topside ofthe 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 observer3745-17-03 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 severalpoints 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 ofvisible particulate emissions observed for each charge shall be recorded on a data sheet. (iii) A minimum ofsix 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 ofan observer, then the data for the interrupted charge(s) shall be discarded and additional charge(s) shallbe observeduntilthe total numberofconsecutive charges equals atleast six. Forpurposes of this paragraph, charges immediately preceding and following any interrupted ordiscarded chargees) shall be deemed consecutive. (b) Offtake piping and charginghole lids: (i) The observer shallwalkdownthe length ofthetop ofthebattery and shall complete the inspection in an expeditious manner consistent with the safety ofthe observer. When safety conditions permit,3745-17-03 4

the observer will walk near the center of the battery, but may deviate from this pathto obtain abetterview ofany 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. Ifan observer elects to make two traverses for abattery 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 ofeachtraverse andthe 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 thejointure ofthe 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 sealbetweenthe charging hole or stationaryjumperpipe lid and its casting, emissions from the charging hole or stationary jumperpipe castinglbattery interface, and emissions from opened charging holes or stationaryjumper pipe lids. Visible particulate emissions which shall not be included are emissions caused by maintenance workinprogress atan oven, emissions causedbythe vaporization ofwet luting materials, emissions causedby 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 ofpoints from which visible particulate emissions are observed from anyone offtake piping system, the maximum entry for any ovenwith a single offtake system shallbe 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 onthat oven. (iii) The percentage ofcharging 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 exceeds3745-17-03 5

the amount which is allowed for three ovens, dividing that numberby the total number ofobserved charging holes orofftake piping on operating ovens, and multiplying the result by one hundred per cent. Forpurposes 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 shallbe included as observed charging holes and offtakepiping. (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 ofthebeginning and end of each side traverse, the identity of each door having visible particulate emissions, and the identity ofany 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 ofa coke oven door orchuckdoor. Visible particulate emissions observed atthe top of the battery above a specific oven doorbut 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 briefscan ofan oven door, the observer shall move along his/her traverse, checking subsequent doors on the battery in a like manner. Ifa temporary machine obstruction occurs whichblocks the view ofa series of ovens, the ovens shall be bypassed and the remaining oven doors on that side ofthe battery shall be observed. Afterthe traverse ofsuch side ofthe 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 ormore continuous batteries may be inspectedby observing all ofthe pusher side doors andthen all ofthe coke side doors. (ii) The percentage of oven doors with visible particulate emissions shall be determined by totalling the number ofdoors with visible3745-17-03 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 ofthis paragraph, any oven which is not out ofservice for arebuild ormaintenance workthat is extensive enough to require that oven to be skipped in the charging sequence shall constitute anoperating oven. Further, any doors that are removed from operating ovens shall constitute unobserveddoors. (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

.beused; 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 sumby thenumber ofobservations during thatpushing 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) ofrule 3745-17-12 ofthe Administrative Code, or with paragraph (D)(4)(a) ofrule 3745-17-13 ofthe Administrative Code, visible emissions offugitive dust shallbe 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 ofthe 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 providedinparagraphs (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 ofthe source, the observer should normally concentrate on the area(s) ofthe plume close to the source. Forpurposes ofparagraphs (B)(7)(b) and (B)(8)(b) ofrule 3745-17-07 ofthe Administrative Code, observations shall be made where the fugitive dust plume is distinctly separate from the falling material andfrom the surface ofthepile. (c) ,::SReserved>. (d) Forparagraphs (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 shallbe 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 ofany material storage pile, the observer may observe passes ofthe same vehicle or vehicles, at identical of different points atop the pile, in order to obtain readings for four vehiclepasses. (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) ofrule 3745-17-07 ofthe Administrative Code, observations offugitive dust resulting from a vehicle's movementupon a coal storage pile shall be made at a point no less than one vehicle length from the rear ofthe vehicle and at an elevationno lowerthan 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 vehiclebeing observed.3745-17-03 8

(4) For the purpose ofdetermining compliance with paragraphs (B)(4) to (B)(6), (B)(7)(a)(ii), and (B)(7)(d) ofrule 3745-17-07 ofthe 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) ofrule 3745-17-12 ofthe Administrative Code, or with paragraph (B) ofrule 3745-17-13 ofthe Administrative Code, visible emissions offugitive dust shall be determined according to "USEPA Method 22" withthe following modifications: (a) Ifthe 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 ofthe source is no longer obscured, the observations shallrecommence to complete the observationperiod. (b) The observer shall identify on the observation form all interruptions due to restbreaks. (c) For the purpose of determining compliance with the applicable visible emission limitation, the observations, excluding break periods and periods ofobscuredvision, shallbe consideredcontinuous. (d) For any roadway or parking area, the observer shall determine the presence and duration ofvisible particulate matter at the same point of the potential emissions and at a height approximately four feet above the surface ofthe roadway orparking area. (5) Visible particulate emission readings other than those referenced in paragraph (B)(4) ofthis rule shall be determined by observers qualified according to tests andprocedures setforth in "USEPA Method9." (6) The director may refuse to accept the results of emission tests conducted pursuantto paragraphs (B)(7) to (B)(10) ofthis rule which are not conducted with priorreview and approval ofthe test specifications by the director. Test specifications must be submitted for this purpose at least thirty days before theproposedtest date. The directorwill advise an entity ofany deficiencies in the proposed test specifications as expeditiously as practicable so as to minimize any disruption ofthe proposedtesting schedule. (7) For the purpose ofdetermining 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 ofthe 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 ofhot metal into the vessel and ending withthe 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 ofhot metal to the furnace and ending with the completion ofthe tapping ofthe furnace. (e) For hot metal transfer operations, the sampling and measurement ofthe particulate emissions shall be performed only during those operating intervals whenhotmetal 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 hotmetal and ending with the completion ofthe injectionprocess. (g) For blast furnace casthouses, the sampling and measurement of the particulate emissions shall be performed only during the casting operation, commencing withthe opening ofthe tap hole and ending one minute afterthe positioning ofthe mud gun to plugthetap 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 atmaximumburning 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 engineeringpractices. In case ofconflict, the determinationmade by the director shall govern. (9) For the purpose of determining compliance with rule 3745-17-10 of the Administrative Code andparagraphs (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 ofparticulate emissions shall be determined by test methods specified inparagraph (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 orASTM E870-82 for solidfuels, ASTM D240-02 for liquid fuels, andASTM 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) ofrule 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 oftheAdministrative Code: (a) The amount ofparticulate emissions shall be determined by test methods3745-17-03 11 specifiedinparagraph (B)(11) ofrule 3745-17-01 ofthe Administrative Code. (b) The controlled mass rate ofparticulate emissions from sources equipped with control equipment, or the uncontrolled mass rate ofparticulate 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 orby the use ofothertechniques acceptedby the director. (c) For coke quench towers, the concentration oftotal 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 hundredthree 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 weekmustbe analyzed either: (i) Separately, with daily concentrations determined and averaged as a weekly average, or (ii) As one composite sample, with equal volumes ofeach day's sample combinedto 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 outlinedin40 CFRPart 60, Appendix B, "Performance Specifications." The CEMS mustbe capable ofproviding external calibration filter access in accordance with Section 5.1.9 of "USEPA Performance Specification 1." (2) Any owner or operator ofa facility that meets the applicability requirements specified in paragraph (C)(1) ofthis rule shall submit reports to the director3745-'17-03 12



### ofexcess emissions for each calendar quarterwithin thirty days following the end ofeach calendar quarter. The reports shall include, but not be limited to, the times and values ofall six-minute average readings ofopacity above the applicable standard(s), along with the dates, magnitudes (per cent opacity), reasons (ifknown), 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, andthe nature ofsystemrepairs oradjustments.3745-17-03

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
Promulgated Under: Statutory Authority: Rule Amplifies: PriorEffective 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

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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 whichmeetthe following requirements: (1) The control strategies shall be capable ofreducing the particulate emissions from each ofthe facilities identifiedbelowby each ofthe two levels specified below for each facility: FacilityName (premise number) Total, requiredparticulate emissionreductions for the facility (inpounds perhour atthe maximum operatingrates) Fifteen:POfceBtper centreductionlevel FordMotorCompany 5.7 (1318120180)

.UnitedReady Mix (1318005960) 1.1

International Mill Service, 0.8 Incorporated (1741090068) LuriaBrothers (1318122776) 4.6 T & B Foundry Company 1.7 (1318000504) Twenty-five :percentper centreductionlevel 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) ofthis 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. Ifthe 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 forthe facility. (3) In calculating the control strategy, hourly particulate emissionrate 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. aurhoringfool: i4i 2.01**~'ltl{~1'** 21,2003. (dv: 4, p: 44337. pa: 71939. ra: 184571, d: 207203j] print do"': 08'25.'2009 03:19 PM3745-17-14 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 basedupon the actual or allowable emissionrate, whicheveris lower, and the maximum operating rate; and the control strategy mustbe designed to reduce theparticulate emissions belowthatbaseline, hourlyparticulate emissionrate. (4) The following information shall be submitted for each source for which a control strategy is developed: (a) A description ofthe source and the existing control equipment and/or controlmeasures; (b) The Ohio EPA applicationnumber; (c) The hourly, baseline particulate emission rate, and the assumptions and calculations which wereusedto derive the emissionrate; (d) A description ofthe type ofcontrol equipment and/or control measures which will be employed to reduce the hourly emission rate, including the general design specifications and/oroperating 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 wereusedto 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 PM10' as specified in rule 3745 17 02 3745-25-02 of the Administrative Code. The schedule shallinclude dates forthe following milestones: (a) Award contracts for emission control systems orprocess modifications, or issue orders for the purchase of component parts to accomplish emission controlorprocess modification. (b) Initiate on-site construction or installation ofemission control equipment3745-17-14 3

orprocess change. (c) Complete on-site construction or installation of emISSIOn control equipmentorprocess change. (d) Achieve final compliance. The owner or operator shall demonstrate to the satisfaction of the directorthatthe schedule is as expeditious as practicable. (B) The control strategies and compliance schedules submitted in accordance with paragraph (A) ofthis 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 approvedby the United States environmental protection agency as arevision to the Ohio state implementationplanforparticulates. (C) Upon a formal determination and notification by the Ohio EPA or the United States environmentalprotection agency that Cuyahogacounty orJefferson county is notin compliance with the ambient air quality standards for PM , as specified in rule 3745 17 023745-25-02 ofthe Administrative Code, the owifer or operator ofeach 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 ofnonattainment shall not occurprior 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 halfmicrograms 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 basedupon atwenty-four-houraverage ambientair 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 thehourly particulate emissionratebytwenty-five percentormore. (D) Notwithstanding the requirements ofparagraph (C) ofthis rule, ifthe determination and notification ofnonattainment referenced in paragraph (C) ofthis rule reflects continued nonattainment in only a portion ofthe county, the director may limit the requirement for implementation ofcontingency measures to those facilities which are identified in paragraph (A)(1) ofthis rule and which are located either in that portion ofJefferson County within a two-kilometer radius from the ambient air quality monitor(s) showing continued nonattainment orin thatportion ofCuyahoga3745-17-14 4 County within a three-kilometer radius from the ambient air quality monitor(s) showing continuednonattainment. (E) For purposes ofthis rule, PM shall be defined and determined in accordance with paragraph (B)(16) ofrule

### 374~-17-0l oftheAdministrative Code.3745-17-14

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffective 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 BERESCINDED 

# 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 ofrule 3745-18-01 ofthe Administrative Code titled "Incorporationbyreference."] (A) Primary ambient airquality standards define levels ofairquality which are necessary, with an adequate margin ofsafety, to protect the public health. Secondary ambient air quality standards define levels ofair quality which protect the public welfare from anyknown or anticipated adverse effects ofapollutant. (B) The primary ambient air quality standards for sulfur dioxide applicable throughout the area shallbe as follows: (l) The maximum annual arithmetic mean concentration shall not exceed eighty micrograms percubic meter(0.03 parts permillionbyvolume). (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 permillionbyvolume). (C) The secondary ambient air quality standard for sulfur dioxide applicable throughout the area shallbe amaximumthree-hourconcentrationnotto be exceededmore than once per year of thirteen hundred micrograms per cubic meter (0.50 parts per millionby 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 withAppendix A in 40CFRPart 50, orthrough the use ofa continuous sampling and recording device which has been designated an "Equivalent Method" in accordance with40 CFRPart53.

[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 PM3745-18-02

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: TO BERESCINDED

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 

## 8:07AM

3745-18-03

(A) Attainmentdates. 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 ofthe Administrative Code shall be accomplished throughout the state as expeditiously as practicable, but in no event shall such time be laterthanDecember 31, 1982 orthe dateprovided inparagraph (A)(2) ofthis rule, whicheveris later. (2) The date for attainment of ambient air quality standards for sulfur dioxide established inrule 3745 18 023745-25-02 ofthe Administrative Code for the specifiedcounties shallbe 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 ambientair quality standards; and (d) Butler county: one hundred fifty six 'Neeks after the effective date ofthis ffi1e March 18, 2003. (B) Certification andpermitapplicationrequirements. (1) Except as otherwise provided in paragraph (B)(2) and paragraphs (B)(4) to (B)(8) ofthis 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 ofChapter 3745-18 ofthe Administrative Code. Such certification shall include: equipment description, Ohio environmental protection agency permit application number (if assigned), and all necessary data (consistentwith the appropriate permit application appendices) and calculations which confirm the compliance status. The certification shall also include an application for apermit to operate permit-to-operate such source in accordance with rule 3745-35-02 ofthe Administrative Code ifsuch source does notpossess

[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",l3745-18-03 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 complianceprogram whichwillbring 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) ofthis rule, and identify all reasonable interim controlmeasures. (2) No later than December 1, 1979, any owner or operator ofany sulfur dioxide emissions source subject to, and not specifically exempted from, rule 3745-18-56 ofthe 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/orpermit applications required by paragraphs (B)(1) and (B)(2) ofthis rule shall include the test method for determining compliance as specified in paragraph (D) or (E) of rule 3745-18-04 ofthe Administrative Code, whicheveris applicable. (4) No later than December 1, 1984, the "United States Steel Corporation, Lorain-CuyahogaWorks" (OEPA premise number0247080229), shall submit an application for apermitto operate or an application for a modification to a pefffiitto 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) ofrule 3745-18-53 ofthe Administrative Code as expeditiously as practicable but in no event laterthan 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 ofthe "Air Force Plant Number 85" (OEPApremise number 0125040806) shall submit acompliance program which will bring the facility into compliance with all the requirements ofeither paragraph (P)(1) or (P)(2) ofrule 3745-18-31 ofthe Administrative Code as expeditiously as practicable, and identify all reasonable interimcontrol measures. (6) No laterthan July 15, 1989, any owneroroperatorofthe "LTV Steel Company" (OEPApremise 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 ofparagraphs (B) and (N) ofrule 3745-18-24 ofthe Administrative Code as expeditiously as practicable, but in no event laterthan the date specifiedinparagraph (C)(7) ofthis rule; and (b) Identify all reasonable interim control measures. (7) No later than November 30, 1991, any owner or operator ofany sulfur dioxide emissions source subject to, and not specifically exempted from, rule 3745-18-37 ofthe 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 laterthan December22, 1993; and (b) Identify all reasonable interim control measures. (8) No later than thirty E1ays after the effective Elate efthis micA April 20, 2000, any owner or operator ofany sulfur dioxide emissions source subjectto, and not specifically exempted from, rule 3745-18-15 ofthe Administrative Code, Butlercounty 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 laterthanthe date specified inparagraph (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) ofthis rule, no owner or operator shall cause, permit, or allow the operation or other use of any air contaminant source in violation ofthe 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 rules3745-18-03 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 otheruse of any air contaminant source at the following facilities in violation of the limitations specified inrules 3745-18-06 to 3745-18-94 ofthe Administrative CodebeyondJune 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 premisenumber 0744010002; (iv) Lawrence county/ "SemetSolvay Division" /"Ironton CokePlant" / Ironton/ OEPA premisenumber 0744010004; (v) Lucas county / "Specialty Chemicals Division" / OEPA premise number 0448010071. (b) "Aluminum Company of America": Cuyahoga county / "Cuyahoga Heights Facility" / OEPA premisenumber 1318170314. (c) "Armco Steel Corporation": Muskingum county /"Zanesville Works" / OEPApremise number 0660010006. (d) "AshlandOil, 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 / "McArthurFacility" /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/Tremainsvilleroad, Toledo / OEPA premisenumber 0448010058. (i) "Federal Paper Board Company": Jefferson county / North Third street, Steubenville/ OEPApremise number 1741050009. 

### G) "GeneralMotors Corporation": (i) Cuyahoga county / "Fisher Body," Coit road, Cleveland / OEPA premisenumber 1318002266; (ii) Cuyahoga county/ "ChevroletMotor Division," Brookpark/ OEPA premisenumber 1318451029; (iii) Erie county / "New Departure-Hyatt" / OEPA premise number 0322020045; (iv) Franklin county / "Fisher Body," Columbus / OEPA prelTI1se number0125040057; (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 number0857100028; (x) Richland county / "Fisher Body," Mansfield / OEPA premise number0370000140; (xi) Trumbull county / "Packard Electric," North River road / OEPA premise number0278080051; (xii) Trumbull county / "Packard Electric," Dana street /OEPA premise number0278080052. (k) "The Goodyear and Tire Rubber Company": Auglaize county/ "St. Marys Facility" / OEPApremisenumber 0306010138. (1) "The GulfOil Company": (i) Hamilton county/Hooven/ OEPApremisenumber 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 / OEPApremise number 0250110146. (P) "Ohio Greenhouse Association":**3745~18-03** 7

(i) Erie county / "Charles J. Otto Greenhouse" / Berlin township / OEPApremise number 0322000173; (ii) Erie county / "Jacob H. Otto Greenhouse" / Huron /OEPA premise number 0322010174; (iii) Medina county / "BunkerHill Greenhouse, Incorporated" / Medina / OEPApremise 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" / OEPApremisenumber 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 number0278080463. (r) "Shell Oil Company":

### 3745-18-03 8



### (i) Allen county / "Lima Refmery" / OEPA premIse number 0302020012; (ii) Washingtoncounty/ "Shell Chemical Corporation" / OEPApremise number0684010011. (s) "The StandardOil Company": (i) 

### Allen county / "Lima Refinery" / OEPA premIse number 0302020012; (ii) Cuyahoga county / "Cleveland Asphalt Plant" /OEPA premise number 13180001871; (iii) Lucas county/ Oregon/ OEPApremise number0448020007. (t) "The Sun Petroleum Products": Lucas county / "Oregon Facility" /OEPA premise number044801010246. (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 premise3745-18-03 9

number 1318001622; (iv) Lorain county / "Lorain-Cuyahoga Works" / OEPA premise number 1947080229; (v) Mahoning county / "Youngstown Facilities" /OEPA premise number0250110469; (vi) Scioto county / "United States Steel Chemicals" /OEPA premise number0773000080; (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" / OEPApremise 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 andElectric Company": (i) Clermont county / "Beckjord Station" / OEPA premise number 113100008; (ii) Hamilton county / "Miami Fort Station" / OEPA premise number 1431350093. (bb) "ClevelandElectric 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, "SteamHeat Plant" /OEPApremise 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 SouthernPowerCompany":

- (i) Athens county / "Poston Station" / OEPA premise number 0506000000; (ii) Coshocton county / "Conesville Generating Station" / OEPA3745-18-03 11 premisenumber0616000000; (iii) Lawrence county / "Pedro Diesels" / OEPA premIse number 0744000000; (iv) Pickaway county / "Pickway Generating Plant" /OEPA premise number0165000005. (dd) "DaytonPowerandLightCompany": (i) Adams county / "J.M. Stuart Station" / OEPA premise number 0701000007; (ii) Montgomery county / "Third Street Station," Dayton / OEPA premisenumber0857040014; (iii) Montgomery county / "Longworth Street Station," Dayton / OEPA premisenumber0857040016; (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 number0812100036; (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 PowerCompany": (i) Allen county / "Woodcock Plant" / OEPA premise number 0302000010; (ii) Galliacounty/ "GavinPlant" /OEPApremise number0627010056; (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 number0684000000. (gg) "Ohio Valley Electric Company": Gallia county / "Kyger Creek Station"3745-18-03 13

/ OEPApremise number0627000003. (hh) "ToledoEdison Company": (i) Defiance county/ Carpenterroad, 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 number0250110024. (4) Notwithstanding the provisions ofparagraph (C)(2) ofthis rule, no owner or operator shall cause, permit, or allow the operation or other use ofany air contaminant source in violation ofthe limit specified inparagraph (S) ofrule 3745-18-83 ofthe Administrative CodebeyondApri130, 1983. (5) Notwithstanding the provisions ofparagraph (C)(1) ofthis rule, no owner or operator shall cause, permit, or allow the operation or other use ofany air contaminant source in violation ofthe limits specified in paragraphs (E)(5) and (E)(6) ofrule 3745-18-53 ofthe Administrative Code beyond December 31, 1985. (6) Notwithstanding the provisions ofparagraph (C)(1) ofthis 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 inrules 3745-18-06 to 3745-18-94 ofthe Administrative Code as expeditiously as practicable butinno eventlaterthanthe compliance schedule identified in paragraph (C)(6)(b) ofthis rule. The compliance time3745-18-03 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 ofthe Administrative Code. (a) Aircontaminant sources. (i) "Columbus Southern Power Company": Athens county / "Poston Station" / OEPA premise number 0605000000 / OEPA source numberB001 to B004; (ii) "Columbus Southern Power Company": Coshocton county / "Conesville Generating Station" / OEPA premise number 0616000000/OEPA source numbers B007 andB008; and (iii) Sources subject to rule 3745-18-15 of the Administrative Code, Butlercounty emission limits. (b) Compliance time schedule. (i) No more than eightweeks after the commencementdate specifiedin paragraph (C)(6) ofthis rule, the owner or operator ofa 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, orcease operationto achieve compliance, and ifutilizing low sulfur fuel to achieve compliance, the owner or operator shall submitto the director a ten yearprojection ofthe amount offuels 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 specifiedinparagraph (C)(6) ofthis rule, the owner oroperatorof a facility specifiedinparagraph (C)(6)(a) ofthis rule shall submit to the director, ifapplicable, data demonstrating the availability of the low sulfurfuel projectedto meetthe emissionlimits contained inrules 3745-18-07 to 3745-18-94 oftheAdministrative Code; (iii) No more than thirty-six weeks after the commencement date specifiedinparagraph (C)(6) ofthis rule, the owner or operatorof a facility specified in paragraph (C)(6)(a) ofthis rule shall submit to the director a statement as to whethermodifications to boileror emission control equipment will be necessary, and if3745-18-03 15

modifications will be necessary, submit preliminary plans for suchmodifications; (iv) No more than forty-two weeks after the commencement date specified inparagraph (C)(6) ofthis rille, the owner oroperatorof a facility specified inparagraph (C)(6)(a) ofthis rule shall submit to the director fmal plans for equipment modifications necessary to achieve compliance; (v) No more than fifty weeks afterthe commencementdate specified in paragraph (C)(6) ofthis rule, the owner or operator ofa facility specified inparagraph (C)(6)(a) ofthis 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, ifapplicable, submit to the director a detailed schedule for final closure; (vi) No more than sixty weeks after the commencement date specified inparagraph (C)(6) ofthis rule, the owner or operator ofafacility specified in paragraph (C)(6)(a) ofthis rule shall initiate on-site modifications, if applicable, and notify the director that such actionwas taken; (vii) No more than one hundred eighteen weeks after the commencement date specifiedinparagraph (C)(6) ofthis 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 directorinwriting that such actionwas taken; (viii) No more than one hundred twenty-two weeks after the commencementdate specified inparagraph (C)(6) ofthis rule, the owner or operatorusing low sulfur fuels to achieve compliance at afacility specifiedinparagraph (C)(6)(a) ofthis rule shall achieve fmal compliance with the applicable emission limitations specified inrules 3745-18-06 to 3745-18-94 ofthe Administrative Code and certify compliance to the director in accordance with rule 3745-18-04 oftheAdministrative Code; (ix) No more than one hundred forty-four weeks after the commencement date specified inparagraph (C)(6) ofthis rule, the owner or operator installing new emission control systems, or modifying existing emission control systems in order to comply3745-18-03

(7) 16

withthe emission limitations at a facility specified in paragraph (C)(6)(a) of this rule shall complete on-site modifications or installations andnotify the directorinwriting that such actionwas taken; and (x) No more than one hundred fifty-six weeks afterthe 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 emissionlimits specifiedinrules 3745-18-06 to 3745-18-94 ofthe Administrative Code and certify compliance to the director in accordancewithrule 3745-18-04 ofthe Administrative Code.

(a) Notwithstanding theprovisions ofparagraph (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) ofrule 3745-18-24 ofthe Administrative Code as expeditiously as practicable but in no event later than the compliance schedule identified in paragraph (C)(7)(b) ofthis rule. The commencement date ofthe compliance time schedule shallbe the effective date ofthis rule. (b) Compliancetime schedule. (i) No more than eight weeks afterthe commencement date specified in paragraph (C)(7)(a) ofthis rule, the owner or operatorofafacility specified therein shall notify the director ofthe 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 offuels by types that will be substantially adequate to enable compliance with the applicable emissionlimits; (ii) No more than sixteen weeks after the commencement date specified in paragraph (C)(7)(a) ofthis rule, the owner or operator of a3745-18-03 17 facility specifiedtherein shall submitto the director, ifapplicable, data demonstrating the availability ofthe low sulfurfuel projected to meetthe applicable emissionlimits; (iii) No more than twenty-five weeks after the commencement date specifiedinparagraph (C)(7)(a) ofthis rule, the owneror operator of a facility specified therein shall submit to the director a statement as to whether modifications to boiler or emission control equipmentwill be necessaryto achieve compliance, and if modifications will be necessary, submit preliminary plans for suchmodifications; (iv) No more than thirty-two weeks after the commencement date specifiedinparagraph (C)(7)(a) ofthis rule, the owneror 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 specifiedinparagraph (C)(7)(a) ofthis rule, the owneroroperator ofa facility specified therein shall award contracts for necessary boiler or emission control modifications, ifapplicable, and notify the director in writing that such actionwas taken or, ifapplicable, submitto the director adetailed 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, andnotifythe directorthat such actionwas taken; (vii) No more than one hundred twelve weeks after the commencement date specified in paragraph (C)(7)(a) ofthis 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) ofthis 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) of3745-18-03

(8) 18

this rule; (ix) No more than one hundred forty-four weeks after the commencement date specified in paragraph (C)(7)(a) ofthis 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 actionwas taken; and (x) No more than one hundred fifty-six weeks afterthe commencement date specified in paragraph (C)(7)(a) ofthis 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 ofparagraph (C)(l) ofthis rule andexcept as provided inparagraph (C)(9) ofthis rule, any owner or operatorwho 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) ofthis rule. The commencement date ofthe compliance time schedule shallbethe effective date ofthis rule. (b) Compliancetime 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, orcease operationto achieve compliance, and ifutilizing low sulfur fuel to achieve compliance, the owneror operator shall submit to the director a ten yearprojection ofthe amount offuels3745-18-03 19 by types that will be substantially adequate to enable compliance withthe applicable emission limits; (ii) No later than September 25, 1992, the owner or operator of a facility specifiedinparagraph (C)(8)(a) ofthis rule shall submitto the director, ifapplicable, 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 ofa facility specified in paragraph (C)(8)(a) ofthis 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 preliminaryplans for such modifications; (iv) No later than January 20, 1993, the owner or operator ofa facility specified in paragraph (C)(8)(a) ofthis 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 ofa facility specified in paragraph (C)(8)(a) ofthis 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, ifapplicable, 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) ofthis rule shall initiate on-site modifications, if applicable, and notify the director that such actionwas 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, ifapplicable, and notify the directorin writing that such actionwas taken; (viii) No later than September 15, 1993, the owner or operatorutilizing 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 the3745-18-03

(9) 20

directorin accordance withparagraph (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 inparagraph (C)(8)(a) ofthis rule shall complete on-site modifications or installations and notify the director in writing thatsuch actionhas beentaken; 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 AdministrativeeetleCode.

(a) Notwithstanding theprovisions ofparagraph (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) ofrule 3745-18-37 ofthe 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 shallbe the effective date ofthis rule. (b) Compliance time schedule. (i) No laterthanNovember6, 1991, the owneroroperator 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 ifutilizing low sulfur fuel to achieve compliance, the owner or operator shall submitto the director atenyearprojection ofthe amount of fuels by types that will be substantially adequate to enable compliancewiththe applicable emissionlimits; (ii) No later than January 1, 1992, the owner or operator ofthe facility shall submit to the director, ifapplicable, data demonstrating the3745-18-03 21 availability ofthe low sulfur fuel projected to meetthe applicable emission limits; (iii) No later than August 6, 1992, the owner or operator ofthe facility shall negotiate and sign all necessary contracts, orissue orders for the purchase ofcomponentparts andnotify the directorinwriting that such actionwas taken; (iv) No later than October 6, 1992, the owner or operator ofthe facility shall initiate on-site construction or installation and notify the directorthat such actionwas taken; (v) No later than November 22, 1993, the owner or operator of the facility shall complete construction, or cease operation ofOEPA 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 oftheAdministrative Code. (10) Notwithstanding the provisions ofparagraphs (C)(l) to (C)(9) ofthis rule, the "Columbus Southern Power Company, Picway Generating Plant," or any owneroroperatorofthe sources subjectto the emissionlimit specifiedinrule 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, butinno eventlaterthanJune 30, 2001. (D) Alternative emissionlimits. (1) Any owner or operator of an air contaminant source specified in paragraphs (D)(l)(a) to (D)(l)(c) ofthis 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 ofthe selected emission limits in accordance withthe 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); paragraph3745-18-03

(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 specifiedinparagraph (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 limitnot selected under the provisions ofparagraph (D)(2)(a) ofthis 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 ofthe alternative emission limits at all times afterthe [mal compliance date.3745-18-03

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective 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 23TO 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 ofrule 3745-21-01 ofthe Administrative Code titled "Incorporationby 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 peryear shallbe nine parts permillionby volume. (2) The maximum one hour arithmetic mean concentration notto be exceededmore than once peryear shall be thirty-five parts permillionby volume. (B) The ambient air quality standard for ozone to be applicable throughout the area, shall be the three year average ofthe annual fourth-highest daily maximum eight-hour arithmetic mean concentration, notto exceed 0.08 parts permillionby volume. The three year average of the fourth high concentrations shall be determined in accordance withthe procedures in 40 CFRpart 50, appendix 1.

[sfvl"sheel: rule.x.s! 2.14, auriJoril:gmol.- 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 PM3745-21-02

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: TO BERESCINDED

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 ofthe Administrative Code shall apply to this chapter. (B) "USEPA" means the United States environmentalprotection agency. (C) Referenced materials. This chapter includes references to certain matter or materials. The text ofthe referenced materials is not included in the rules contained in this chapter. Information on the availability ofthe referenced materials as well as the date of, and/or the particular edition or version ofthe material is included in this rule. Formaterials subjectto change, only the specific versions specifiedin this rule are referenced. Material is referenced as it exists on the effective date ofthis rule. Except for subsequent annual publication ofexisting (unmodified) Code ofFederal Regulation compilations. any amendment or revision to a referenced document is not applicable unless anduntil this rule has been amendedto specify the new dates. (1) Availability. The referenced materials are available as follows: (a) Code ofFederal Regulations. Information and copies may be obtained by writing to: "Superintendent ofDocuments, Attn: New Orders, PO Box 371954, Pittsburgh. PA 15250-7954." The full text ofthe 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 mostpublic libraries and "The State Library ofOhio." (2) Referencedmaterials: (a) 40 CFR 50.11: "National Primary and Secondary Ambient Air Ouality Standards forNitrogenDioxide: 50 FR25544, June 19, 1985. (b) 40 CFR Part 50, Appendix F: "Measurement Principle and Calibration Procedure for the measurement ofNitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence):" 41 FR 52658, December 

### 1. 1976. as amended at48 FR2529, 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.

[s(vlesheet: rulehl:sI2.14, aurhoring roof: i4i 2.01 Ivlqy 21, 2003, (dv: 4, p: 44337, pa: 71939. ra: 184585, £1: 207267)] print date: 08/25/2009 03:22 PM3745-23-01

Replaces: Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: Partof3745-23-02 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 ofmeasurement.

[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 "IllooffJoratioliby ReferelloeReferenced materials" section at the end ofthis rule rule 3745-23-01 ofthe Administrative Code.] (A) For purposes ofascertaining, defining, and measuring ambient air quality, nitrogen dioxide shall be measured by the methods stated in divisioll paragraph (B) ofthis regulatioll rule orby such other methods as may be approved by the director. Such measurements shall be corrected to standard conditions for purposes ofcomparing measurements with the ambient air quality standard set forth in rule 3745 23 01 3745-25-02 ofthe Administrative Code. (B) Concentrations ofnitrogen dioxide shallbe determinedthroughthe use ofareference 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 ofthe illOOffJorated materials is liOt ilie1uded ill the regu1atiolls oomailledilithis ohapter. The materials are hereby made apart 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 ofexistillg (unmodified) Code of Federal Regulatioll oompilatiolis, ally amelldmellt or revisioll to a referelloed dooumem is llOt iliOOffJOrated Uliless alld Uliti1 this rule has beeli amelldedto speoifythe lleVl dates. (1) A:vailability. The materials illOOffJOratedbyreferelloe are available as follows: (a) Code ofFederal Regulatiolls. Illfonnatioli alld oopies may be obtailled by ViTitillg to: "Superilltelidem ofDooumellts, AM: -NeVI Orders, PO Box 371954, Pittsburgh, PA 15250 7954." The full text ofthe 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 mostpublio libraries alld "The State Library ofOhio." (2) lliooffJoratedmaterials. (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 forNitrogellDioxide; 50 FR 25544, JUlie 19, 1985.

[szvlesheer: rule.xsI2.14, am/wringrool: i4i**2.01.l\'1{~v** 21,2003. fdl'; 3. p: 4433/. pll: 71939. ra: 184579, d: 207292)J print date: 08:25/200903:29 PM3745-23-02 2

(c) AppefidiJ( Pto 40 CPR Part 50; "Measuremen:t Pri:B:ciple l:H1d Calieratiofi Procedure for the measuremefit ofNitrogefi Dioxide ifi the Atmosphere (Gas Phase Chemilumifiescefice); 41 PR 52658, Decem-ber 1, 1976, as 8:ffiefided at 48 PR2529, JafiUary 20, 1983.3745-23-02

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification
04/0812009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective 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 33745-25-01 Definitions.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced inthis rule, see paragraph (B) ofthis rule titled "Referencedmaterials."] (A) The following definitions apply to this chapter: (1) "PM10" means particulate matter with an aerodynamic diameter less than or equal to anominal ten micrometers as measuredby areference methodbased on 40 CFR Part 50, Appendix J and designated in accordance with 40 CFR Part 53 or an equivalentmethod designated in40 CFRPart 53. (2) "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to anominal 2.5 micrometers as measured eitherby areference 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 with40CFRPart53. (3) "Primary ambient airquality standard" means the levels ofair quality which are necessary, with an adequate margin ofsafety, to protectthepublic health. (4) "Secondary ambient air quality standards" means the levels ofairquality which are necessary to protect the public welfare from any known or anticipated adverse effects ofapollutant. (B) Referenced materials. This chapter includes references to certain matter ormaterials. The text ofthe referenced materials is not included in the rules contained in this chapter. Information on the availability ofthe referenced materials as well as the date of, and/or the particular edition or version ofthe material is included in this rule. Formaterials subjectto change, onlythe specific versions specified inthis rule are referenced. Material is referenced as it exists on the effective date ofthis rule. Except for subsequent annual publication ofexisting (unmodified) Code ofFederal Regulation compilations, any amendment or revision to a referenced document is not applicable unless anduntil this rule has been amended to specifythe new dates. (1) Availability. The referencedmaterials are available as follows: (a) Code ofFederal Regulations. Information and copies may be obtained by writing to: "Superintendent ofDocuments, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe 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 mostpublic libraries and "The StateLibrary ofOhio." (2) Referencedmaterials: (a) 40 CFR Part 50, Appendix A: "Reference Method for the Determination**[s~vlesheet:** rule.xsI2.14

.. aurhoring rool: i4i 2.01**.M,~v** 21,2003, (dv: 9, p: 44337, pa: 71939. ra: 184583, d: 207514j] print date: 08125/2009 03 :30 PM3745-25-01 2
ofSulfur 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 ofthe 8-Hour Primary and Secondary National Ambient Air Ouality Standards for Ozone:" 62 FR 38895, July 18,1997. (c) 40 CFRPart 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 CFRPart 50, Appendix K: "Interpretation ofthe National AmbientAir Quality Standards for Particulate Matter:" 71 FR 61224, Oct. 17,2006. (e) 40 CFRPart 50, Appendix L: "ReferenceMethodforthe 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 CFRPart 50, AppendixN: "Interpretation ofthe National AmbientAir Quality Standards forPM2.5:" 71 FR 61227, Oct. 17,2006, as amended at73 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: StatutoryAuthority: 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 33745-25-02 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) ofrule 3745-25-01 ofthe Administrative Code titled "Referencedmaterials."] Prima:ry ambient air Q.uality standards define levels ofair 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 ofair Q.uality which are necessa:ry to protect the public welfare from anyknown or anticipated adverse effects ofapollutant. (A) Particulatematter: (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 anominal 2.5 micrometers (PM2.5). (2) The level ofthe 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 ofdays 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 with40 CFR Part 50, Appendix N, is less than or eQ.ual to thirty-five micrograms per cubic meter. (4) The level ofthe 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 CFRPart 50, Appendix N, is less than or eQ.ual to fifteen micrograms percubic meter. (B) Sulfurdioxide: (1) The prima:ry ambient air Q.uality standards for sulfur dioxide applicable throughoutthe state ofOhio shallbe 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 PM3745-25-02 2 eighty micrograms percubic meter (0.03 parts permillionbyvolume). (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(0.14parts permillionbyvolume). (2) The secondary ambient air quality standard for sulfur dioxide applicable throughoutthe state ofOhio shallbe amaximumthree-hourconcentrationnot to be exceeded more than once per year ofthirteen hundred micrograms per cubic meter (0.50 parts permillionbyvolume). (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 "EquivalentMethod" in accordance with 40 CFRPart53. (C) Carbonmonoxide: Ambient air quality standards for carbon monoxide, applicable throughout the state ofOhio, shallbe as follows: (1) The maximum eight hour arithmetic mean concentration not to be exceeded more than onceperyear shallbe nine parts permillionbyvolume. (2) The maximum one hour arithmetic mean concentrationnotto be exceededmore than onceperyear shallbe thirty-fiveparts permillionbyvolume. (D) Ozone: The ambient airquality standard for ozone applicable throughoutthe state ofOhio, 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 determinedin accordance with theprocedures in40 CFRPart 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 percubic meter). (F) Lead: (1) The ambient air quality standards for lead, applicable throughout the state of3745-25-02 3 Ohio, shall be a maximum arithmetic mean of 1.5 micrograms per cubic meterduring any calendarquarter. (2) For purposes ofparagraph (F)(1) ofthis 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. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffective 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 8:00AM 

# I

3745-25-03 Air pollution emergencies and episode criteria.

The purpose ofrules 3745-25-02 to 3745-25-05 ofthe Administrative Code is to prevent the excessive buildup of air contaminants during air pollution episodes, thereby preventing the occurrence ofan emergency due to the effects ofthese aircontaminants on the health ofpersons. (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, andultra-violet solarradiation 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 ofthe 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 nexttwenty-fourhours unless control actions are taken: (1) Sulfur dioxide: eight hundred micrograms per cubic meter (0.3 parts permillion byvolume), 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 millionbyvolume), eight-houraverage; or (4) Photochemical oxidants measured as ozone: fourhundred micrograms per cubic meter (0.2 parts permillionbyvolume), one-houraverage; or (5) Nitrogen dioxide: (a) One thousand thirty micrograms per cubic meter (0.6 parts per millionby

[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 PM3745-25-03 2
volume), one-hour average; or (b) Two hundred eighty-two micrograms per cubic meter (0.15 parts per millionbyvolume), 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 ofthe levels specified in paragraphs (D)(l) to (D)(5) ofthis 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 reoccurduring the nexttwenty-fourhours unless control actions are taken: (1) Sulfur dioxide: one thousand sixhundred micrograms per cubic meter (0.6 parts permillionby 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 millionby volume), eight-hour average; or (4) Photochemical oxidants measured as ozone: eight hundred micrograms per cubic meter(004 parts permillionby volume), one-houraverage; 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 permillionby volume). one-houraverage: or (b) Five hundred sixty-five micrograms per cubic meter (0.3 parts permillion 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 specifiedinparagraph (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 permillionby volume), twenty-four-hour average; or3745-25-03

(2) PMIO: five hundredmicrograms percubic meter, twenty-four-hour average; or3

(3) Carbon monoxide: forty-six milligrams per cubic meter (forty parts per million byvolume); eight-houraverage, or (4) Photochemical oxidants measured as ozone: One thousand micrograms per cubic meter (0.5 parts permillionbyvolume), one-houraverage; or (5) Nitrogen dioxide: (a) Three thousand micrograms per cubic meter (1.5 parts per million by volume), one-houraverage; or (b) Sevenhundred fifty micrograms per cubic meter (0.4 parts permillionby 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 suchtime, the next lower episode stage will be assumed orthe episode may beterminated completely ifno episode stage criteriaare met.3745-25-03

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification
08/11/2009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective 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 ofa source ofair contaminants which emits 0.25 tons per day or more ofair 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 ofair 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 ofair contaminants into the ambientairin accordance withthe obiectives setforth intables I to 5 ofthe appendix to this rule. CB) Emission control action programs required by paragraph CA) ofthis rule shall be in writing and show the source of air contamination. the approximate amount of reduction ofair contaminants. the approximate time required to effect the program. a briefdescription ofthe manner in which the reduction will be achieved during each stage ofan 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 ofDecember 15. 1978

- shall file not later than June 15, 1979: (2) New sources that are. orwillbe, part ofa facility, as definedin Chapter 3745-77 ofthe 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 ofthe 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 actionprograms requiredbyparagraph (A) ofthis rule shall be made available on the premises to any person authorized to enforce the provisions ofthe emergencyprocedure. (E) Emission control action programs as required by paragraph (A) ofthis 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 ofthe director. such emission control action programs do not effectively carry out the objectives as set forth intable I to

[-'Nics/Wei: rule,xs!2.14., ail/hOlinglool: iJi2.{)] 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 PM3745-25-04 2
5 ofthe 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
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 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 8:07AM

1 3745-25 (EP-19) TABLE 1 EMISSION REDUCTION OBJECTIVES FOR PARTICULATE MATTER

SOURCE OF AIR CONTAMINATION 1. Coal oroil 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 offuels 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** ulilitizationoffuelshaving 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 ofair 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 plantoperations. reduction t>Y openburiiing.

b.SubstEintial reduction by limiting buming,of refuse in iiicineratorsto the hours between 12:00Noon 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 ofWarning Area. a.Maximuriireductionby utilization offqelshaving lowestavailabl shcontent.

b. Maximumutilization of mid" day (12:00Noon to 4;00 m.m.) atmosphericturbulence for boiler lancing and SQot blowing. c. Reduction ofsteam demands consistent

...**,.,~;** ..;;.' continliiiigplant d. Making repdy for use a plan of actiollto'be taken if an emergencydevelops. 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 plantoperations. a. Maximum reduction by prevention ofopen burning. b. Complete elimination ofthe use of incinerators. AIR POLLUTION EMERGENCY a. Maximum reduction by utilization offuels having lowest available ash content. b. Maximum utilization of mid-day (12:00 Noon to 4:00 p.m.) atmosphericturbulence for boiler lancing and soot blowing.

c. Maximum reduction by diverting electric power generation to facilities outside of Emergency Area. a. Maximurllreduction by reducing heatand steam demandsto absolute necessities consistentwith preventing equiprllEliitdamage
. b.MaxirlllJrIl utilization of mid-day (12:00 Nool1 to 4:00p.m.) atmospheiic turbulence for boiler lallcingalldsoot blowing.

a. Elimination ofair contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operationsto the extent possible without causing injuryto 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 ofthe use of incinerators,

print date: 08/25:'2009 3:39 PM3745-25-04 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 offuels having lowest available sulfur content. b. Substantial reduction by diverting electric power generation to facilities outside ofAlert Area. a. SUbstgntial reduqion by**util~ationoffuels** hav,ing lowest available sulfur content.

a. Substantial reduction ofair 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 offuels having lowest available sulfur content. b. Maximum reduction by diverting electric power generation to facilities outside ofWarning Area. <:i,Maximum**r~quction~y** utilization of{uels:haviqg the lowestavailable'sulfur

b. Reduction ofsteam load demaridsbonsistentwith contiriuirig plantbperatibr1s. c.**Makin~reMyfor~)'Ela** planof**acti()~t() b~~kerijf** **anemergencydevelops~** • a. Maximum reduction ofair 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 offuels 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 ofair contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injuryto persons or damage to equipment. b. Elimination ofair 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 POLLUTIONWARNING 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 offuel which results in the formation of less air contaminant. b. Substantial reduction by diverting electric power generation to facilities outside ofAlert Area. a. Substantial'r-edudtion utilizationo'ffuel which in thefo'rmatiQri 'of less contaminant.

b. ReduCtion ofsteam load demands·consistent·with continuing planfoperatlons:

a. Substantial reduction ofair 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 ofopen 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 der6andsoonsistentwith;:'; continuing**,plantQP'~i-ati0n's;.** c. Making ready,for use. a plan ,ofactiori,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'forpumping 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 ofthe use of incinerators. a. Maximum reduction by diverting electric power generation to facilities outside ofemergency Area.

a. Maximum,reduction.by**red.lJcin~fheadand** ste<: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 ofair 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 ofthe 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 operationstothe e)(\entpossible without cai.Jsing damageto equipment. a. Elimination ofair contaminants by curtailing, postponing, or deferring transfer operations to the extent possible without causing damage to equipment. a. E1iminatiol1 ofair COl1tamipants bycurtailing,

a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing ordeferring production and allied operations to the extent possible without causing injuryto persons or damage to equipment. a. Maximum reduction ofair contaminants by assuming reasonable economic hardship by postponing transfer operations.

a. Maximum reduction ofair 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 transferoperations.

a. Substantial reduction ofair 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 ofair contaminants from manufacturing operation by curtailing, postponing, or deferring production allied operation

a.Maximum redi.Jctio[1bY prevention ofopen buming, a. Maximum reduction ofair contaminants from operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.

a. Maximum reduction prevention ofopen 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 injuryto 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 declarationthat an airpollution episode exists for any air contaminants for which air quality standards have been adopted: (1) Air "Alert": (a) Anyone or combination ofair contaminants: Any person responsible for the operation ofa source ofair contamination as set forth in paragraph (A) ofrule 3745-25-04 ofthe 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 actionprograms for an airpollution "Alert". (b) SuspendedPMIO. (i) There shall be no open burning by any persons of tree waste, vegetation, refuse, ordebris in any form. (ii) The use ofincinerators for the disposal ofany form ofsolid waste willbe limitedto the hours betweentwelve p.m. and fourp.m. (iii) Persons operating fuel-burning equipment which requires.boiler lancing or soot blowing shall perform such operations only betweentwelvep.m. and fourp.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 ofincinerators for the disposal ofany form ofsolid waste willbe limitedto the hours betweentwelve p.m. and four p.m. (iii) Persons operating motor vehicles shall be strongly encouraged to eliminate the unnecessary use of automobiles, motorcycles, light-dutytrucksandvans, andrecreational vehicles. (2) Airpollution "Warning": (a) Anyone or combination ofair contaminants: Any person responsible for the operation ofa source ofair contamination as set forth in paragraph (A) ofrule 3745-25-04 ofthe 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 actionprograms for an airpollution "Warning".

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(b) SuspendedPMIO: (i) There shall be no open burning by any persons of tree waste, vegetation, refuse, ordebris in any fonn. (ii) The use ofincinerators for the disposal ofany fonn ofsolid waste orliquidwaste shallbeprohibited. (iii) Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perfonn such operations only betweenthe hours oftwelvep.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, ordebris in any fonn. (ii) The use ofincinerators for the disposal ofany fonn ofsolid waste orliquidwaste shallbe 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 ofsix a.m. and sixp.m. are urgedto car-pool orutilizepublic transportation. (iv) For carbon monoxide "Warnings", persons operating motor vehicles shall be encouraged to avoid the airpollution "Warning" area. (3) Airpollution "Emergency": (a) Anyone or acombination ofcontaminants: (i) Any person responsible for the operation of a source of air contamination as described in paragraph (A) ofrule 3745-25-04 of the Administrative Code shall take all air pollution "Emergency" actions as listed as required for such source ofair contamination: and shall particularly put into effect the emission control actionprograms for an airpollution "Emergency". (ii) All manufacturing establishments except those included in paragraph (A)(3)(a)(i) ofthis rule shall institute such action as will result in maximum reduction or air contaminants from their operations by ceasing, curtailing, orpostponing operations which3745-25-05 3
emit air contaminants to the extent possible without causmg injuryto persons ordamage to eQuipment. (iii) All places ofemployment describedbelow shall immediately cease operations: Ca) Mining and Quarrying ofnon-metallic minerals. Cb) All contract construction work except that which must proceedto avoidphysicalharm. 

### Cd Wholesale trade establishments, including places ofbusiness primarily engaged in selling merchandise to retailers, to industriaL commerciaL institutional orprofessional users, or to other wholesalers, or acting as agents in buying merchandise for or selling merchandise to such persons or compames. Cd) All offices oflocaL 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 ofthis order pursuant to statute. Ce) All retail trade establishments except pharmacies and stores primarily engaged inthe sale offood. (f) Banks: credit agencies other than banks: securities and commodities brokers, dealers, exchanges and services: offices ofinsurance carriers, agents and brokers: real estate offices. (g) Wholesale and retail laundries: laundry services and cleaning and dyeing establishments: photographic studios: beauty shops, barbershops, shoerepair shops. Ch) Advertising offices: consumercreditreporting, 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 motionpicture theatres.3745-25-05 4
(k) Elementary and secondary schools, colleges, universIties, professional schools, junior colleges, vocational schools, andpublic andprivate libraries. (iv) There shall be no open burning by any person of tree waste, vegetation, refuse, ordebris in any form. (v) The use of incinerators for the disposal of any form of solid or liquid waste shallbe 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 orstate 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 actionprograms which are applicable for each episode stage.3745-25-05

Replaces: Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective 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 5TO 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 calendarquarter.
. (B) For purposes ofthis rule, the four calendar quarters are as follows: first quarter

- January, February, March; second quarter

- April, May, June; third quarter

- July, August, September; andfourth 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 PM3745-71-02

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification
04/08/2009 Date
PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: TO BERESCINDED

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 ofAdoption of Rules Notice is herebygiven thatthe Directorof Environmental Protection, underthe authorityof 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 partofOhio's state implementation plan (SIP) forattaining 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 OhioAdministrative Code (OAC) Chapter3745-17, sulfurdioxide (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 intentofthis rulemaking effortwas 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 locationforthis 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. Ifan emergency is declared, regulated communities and facilities must implementtheir 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 chapterwill combine both the regularstandards and the emergencystandards 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 ofthese rules is April 18, 2009. To requesta copyofthese rules, obtain further information, or inspector request copies of agency files and records pertaining to the proceeding contact Paul Braun, Ohio EPA, Division ofAir Pollution Control, Lazarus Government Center, PO Box 1049, Columbus, Ohio 43216-1049 orcall Paul Braun at 614-644-3734. The rules are available on the Webpage 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 ofthe Ohio Revised Code. The appeal must be in writing and setforth the action complained ofand 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 ofthe appeal must be served upon the Directorofthe Ohio EPAwithin 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 acopy ofthe appeal be served upon the Environmental EnforcementSection ofthe Ohio Attorney General's Office.

## State of Ohio Environmental Protection Agency Notice ofAdoption of Rules Notice is herebygiven thatthe Directorof Environmental Protection, underthe authorityof Ohio Revised Code Section 3704.03 has adopted amended rule 3745-25-03 ofthe Ohio Administrative Code (OAC). The rule contains the criteriajustifying the proclamation ofan air pollution "Alert", air pollution "Warning", orairpollution "Emergency" in the state ofOhio. On April 8, 2009, the Ohio EPA Division ofAir 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, itwas 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 ofthe Ohio Revised Code, DAPC is required to consult with interested parties affected bythe rules before the division formal adopts them. On May22, 2009 these rules went out for a 30 day review by interested parties. Pursuant to Section 119.03 ofthe 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 ofthese rules is August 21, 2009. To requesta copy ofthese rules, obtain further information, or inspect or request copies of agency files and records pertaining to the proceeding contact Paul Braun, Ohio EPA, Division ofAir 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) pursuantto Section 3745.04 ofthe 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 ofthe appeal must be served upon the Directorofthe Ohio EPAwithin 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 thata copy ofthe appeal be served upon the Environmental EnforcementSection ofthe Ohio Attorney General's Office.

### BEFORE THE

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### OHIO ENVIRONMENTAL PROTECTION AGENCY

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### In the Matter of: The Adoption ofAmended Rules 

### 3745m 17**~03,** 

### 3745-17-14, 3745-18-03, and 

### 3745-23-02, the: Rescission of Existing Rules 

### 3745-17**~02,** 

### 37**45-18~02,** 

### 3745-21-02,**3745~23-01,** 

### 3745-25-01 through 3745m25-D4,: 

### and 

### 3745-71-02, and the Adoption of New Rules 

### 3745-23-01, and**3745-25~01** 

### Through 

### 37**45m25~05** 

### ofthe Ohio Administrative Code Director's Final Findings and Orders

I certify this to be a true and accurate copy ofthe official documents as filed in the records ofthe Ohio Environmentai Protection Agency. 

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FINDINGS AND ORDERS
The Director of Environmental Protection, having considered in compliance with the Administrative Procedure Actthe adoption, in final form, ofthe 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 Actwas given, that a public hearing was held on Friday, March 13,2009 in Columbus, Ohio, and that all interested persons were afforded the opportunityto be heard; and 2. That upon due consideration, the adoption ofamended rules, rescission ofexisting 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 thatamended 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,
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### 3745-18-02,3745-21-02,3745-23-01,3745-25-01 through 3745-25-04, and 3745- 71-02 ofthe 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 thatthis action ofthe 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 setforth 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 ofthe Director's action. The appeal must be accompanied byafiling fee of$70.00which the Commission, in its discretion, mayreduce 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 Directorwithin three (3) days offiling with the Commission. Ohio EPA requests that acopy ofthe 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 ReviewAppeals Commission 309 South Fourth Street, Room 222 Columbus, OH 

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Chris Korleski, Director Ohio Environmental Protection Agency
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# if Issued at Columbus, Ohio this

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### BEFORE THE OHIO f.P.A. 

## AUG II 2009 OHIO ENVIRONMENTAL PROTECTION**A~F=N~'(c.£** 

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, In the Matter of: The Adoption ofAmended Rule 3745-25-03 ofthe Ohio Administrative Code Director's Final Findings and Orders

I certify this to be atrue and accurate copy ofthe official documents as filed in the records ofthe Ohio Environmental Protection Agency. 

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FINDINGS AND ORDERS

The Director of Environmental Protection, having considered in compliance with the Administrative Procedure Act the adoption, in final form, ofthe 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 Actwas given, that a public hearing was held on Tuesday, June 30,2009 in Columbus, Ohio, and that all interested persons were afforded the opportunityto 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 purviewof authority provided by law. It is therefore ORDERED that amended rule 3745-25-03 of the Ohio Administrative Code be adopted in final form.

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## AUG 21 2009 It is further ORDERED 

### that the effective date of said amended rule shall be 

### -----'----- It is further ORDERED 

### thatcopies ofthese Findings and Orders and certified copies ofsaid amended rule, in final form, shall be filed with the Secretaryof State, the Joint Committee on Agency Rule Review, the Legislative Services Commission, and the Departmentof Development's Office of Small and Developing Business, as required by law. APPEAL RIGHTS 

### Notice is hereby given thatthis action ofthe 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 ofthe Director's action. The appeal must be accompanied byafiling 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 ofthe appeal shall be filed with the Directorwithin three (3) days offiling with the Commission. Ohio EPA requests that a copy ofthe 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 

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Chris Korleski, Director Ohio Environmental Protection Agency**.~** 

### Issued at Columbus, Ohio this 

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