# o Environmental Protection Agency

Ted Strickland, Governor lee Fisher, Lt. Governor Chris Korles"ki, Director 

## NOV f 

## 52010

Ms. Susan Hedman Regional Administrator U.S. EPA Region V 

### 77 W. Jackson Blvd. Chicago, IL 60604 Re: RequestforApproval ofOhioAdministrative Code ("OAC") Chapter3745-14 NOx SIP call Rule Changes into Ohio's State Implementation Plan ("SIP") Dear Ms. Hedman: On October 8,2010, Ohio EPA adopted (effective on October 18,2010) amended rule language for rules 3746-14-01 and 3746-14-06 (NOx SIP call) ofthe Ohio Administrative Code (OAC). A change in the applicabilityexemption section ofOAC rule 3746-14-01, was made to facilitate the transition of affected units from the NOx SIP call into the Clean Air Interstate Rule (CAIR) program (OAC Chapter 3746-109) and to begin the process of 'sunsetting" the parts of OAC Chapter 3746-14 which will no longer be needed. A new paragraph, (E)(4)(d) in OAC rule 3746-14-06, was also added to deal with this transition concerning any possible excess emissions in the 2008 compliance accounts. Atthistime, Ohio EPA is requesting U.S. EPAapproval ofthese changes for incorporation into the SIP. The following documents are attached for your consideration per the requirements of40 CFR Part 61, Appendix V: This lettershould meetthe requirements in 40 CFR Part 61, AppendixV, Section 2.1 (a): a "formal letter ofsubmittal from the Governoror his designee, requesting EPA approval of the plan or revision." Article One addresses the following two requirements: 40 CFR Part 61, Appendix V, Section 2.1 (b) Evidence thatthe State has adopted the plan in the State code orbodyof regulations; or issued the permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption or final issuance as well as the effective date ofthe plan, ifdifferent from the adoption/issuance date. 40 CFR Part 61, Appendix V, Section 2.1 (d) A copyofthe actual regulation, ordocumentsubmitted forapproval and incorporation by reference into the plan, including indication ofthe changes made to the existing 50 West Town Street, Suite 700 P.O, Box 1049 Columbus, OH 43216-1049 61 4 16443020 61416443164 (fax) www.epa.ohio.gov

### approved plan, where applicable. The submittal shall be a copy ofthe official State regulation /document signed, stamped, and dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself. Certified copies of the 3745-14 rules, in redline and strikeout, are being submitted for approval and incorporation by reference intothe plan. The copies are included as evidence that the State has adopted the body of regulations in final form. This submittal includes copies ofthe official State regulations signed, stamped, and dated bythe appropriate State official indicating that they are fUlly enforceable by the State. The effective date of each regulation is indicated in the document itself. Please considerthat Ohio has an electronic rule filing system and all certifications/signatures of regulations are done electronically. Article Two addresses the following requirement: ;Copies of the public notice of adoption and Director's Findings 

### & Orders have been

included as evidence ofthe date ofadoption aswell asthe effective date ofthe regulations and evidence that public notice was given of the proposed changes consistent with procedures approved by EPA, including the date of publication of such notice. Requirements of40 CFR Part 51, Appendix V, Section 2.1 (c): Evidence that the State has the necessary legal authority under State law to adopt and implement the plan. Ohio's legislature has given Ohio EPA authority underparagraphs (A) and (E) of Section 3704.03 ofthe Ohio Revised Code (ORC) to enactthese rules. Copiesofthese sections of the ORC can be provided upon request. Article Three addresses the following requirements: 40 CFR Part 51, Appendix V, Section 2.1(e) Evidencethatthe Statefollowed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption/issuance ofthe plan. 40 CFR Part 51, Appendix V, Section 2.1 (f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. Ohio EPA has included a narrative and several attachments as evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance ofthe plan.

### Article Four 40 CFR Part 51, Appendix V, Section 2.1 (g) Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, ifapplicable. A copy ofthe transcript from the public hearing has been provided as certification that a public hearing was held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. Article Five 40 CFR Part 51, Appendix V, Section 2.1 (h) Compilation of public comments and the State's response thereto. Copies of the Response to Comments documents for both the draft language and proposed language comment periods are attached. Ohio EPA asks thatthe above mentioned rules be accepted as revisions to Ohio's SIP We would appreciate if U.S. EPA would expedite the review of this material. Please contact Bob Hodanbosi ifyou have any questions aboutthis submittal. Sincerely, 

# Cl?w

Chris Korleski Director

cc: Bob Hodanbosi, Chief Division ofAir Pollution Control Attachment

# Article I Certified Copy of Rules

## ACTION: Final 

# I DATE: 

## 10/08/20108:07AM 

# I

3745-14-01 Definitions and general provisions.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in tbis rule, see the "Incorporation by Reference" section at the end ofthis rule.] (A) This chapter establishes the provisions andrequirements to implement a NOx budget trading, portland cementkilns, and a stationary (large) internal combustion engines programin the state ofOhio as a means ofcontrol andreduction ofNOx emissions. The director authorizes the administrator to assist the director in implementing the state NOx budget trading program as a participant in the federal NOx budget trading programby carrying outthe functions set forth for the administrator in this chapter. (B) Definitions. (I) Except as otherwise provided in this rule, the definitions in rule 3745-15-01 of the Administrative Code shall applyto this chapter. (2) As used in this rule and in rules 3745-14-02 to 3745-14-10 of the Administrative Code (pertaining to NOx budget trading program and other sources identifiedinparagraph (A) ofthis rule): (a) "Account certificate ofrepresentation" means the completed and signed submission requiredby rule 3745-14.02 ofthe Administrative Code for certifYing the designation ofa NOx authorized account representative, for a NOx budget source or a group ofidentified NOx budget sources, who is authorized to represent the owners and operators ofsuch source or sources and ofthe NOx budget units at such source or sources with regard to matters undertheNOxbudgettrading program. (b) "Account number" means the identification number given by the administratorto eachNOx allowance tracking system account. (c) "Acid Rain emissions limitation" means, as defined in 40 CFR 72.2, a limitation on emissions ofsulfur dioxide or NOx under the acid rain programunderTitle IV ofthe CleanAirAct. (d) "Administrator" means the administrator of the United States environmental protection agency or the administrator's duly authorized representative. (e) "Allocate" or "allocation" means the determination by the director ofthe

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number ofNOx allowances to be initially creditedto aNOx budgetunit oran allocation set-aside. (f) "ASTM" means the "American Society for Testing and Materials," 100 BarrHarborDrive, West Conshohocken, Pennsylvania. (g) "Automated data acquisition and handling system" or "DABS" means that component of the CEMS, or other emissions monitoring system approved for use under rule 3745-14-08 ofthe Administrative Code, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record ofthe measuredparameters in the measurementunits requiredby rule 3745-14-08 ofthe Administrative Code. (h) "Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, orothermedium, excluding CO boilers associated with combusting CO from fluidized catalytic crackers atpetroleumrefineries. (i) "Btu" means Britishthermal unit. G) "CAA" means the CleanAirAct as containedin42 USC 7401 to 7671q. (k) "CO" means carbonmonoxide. (I) "Combined cycle system" means a system comprised of one or more combustion turbines, heat recovery stearn generators, and steam turbines configured to improve overall efficiency of electricity generationor steamproduction. (m) "Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised ofa compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustorpasses through the turbine, rotating theturbine. (n) "Commence commercial operation" means, with regard to a unit that serves a generator, to have beguntoproduce steam, gas, orotherheated medium used to generate electricity for sale or use, including test generation. Except as providedinparagraph (C)(2) or (D) ofthis rule or rule 3745-14-09 ofthe Administrative Code, for a unit that is a NOx budget unit under paragraph (C)(l) ofthis rule on the date the unit

### 3745-14-01 3

commences commercial operation, suchdate shallremainthe unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in paragraph (C)(2) or (D) ofthis rule or rule 3745-14-09 of the Administrative Code, for aunitthat is not aNOx budget unit under paragraph (C)(l) of this rule on the date the unit commences commercial operation, the date the unit becomes a NOx budget unit under paragraph (C)(I) of this rule shall be the unit's date of commencementofcommercialoperation. (0) 

### "Commence operation" means to have begun any mechanical, chemical, orelectronicprocess, including, withregardto aunit, start-up ofaunit's combustion chamber. Except as provided in paragraph (C)(2) or (D) of this rule orrule 3745-14-09 ofthe Administrative Code, for a unit that is a NOx budgetunit under paragraph (C)(l) ofthis rule on the date of commencement ofoperation, such date shall remain the unit's date of commencement ofoperation even ifthe unit is subsequently modified, reconstructed, orrepowered. Except as provided in paragraph (C)(2) or (D) ofthis rule or rule 3745-14-09 ofthe Administrative Code, for a unitthatis notaNOxbudgetunitunderparagraph (C)(I) ofthis rule on the date ofcommencement ofoperation, the date the unit becomes a NOx budget unit underparagraph (C)(l) ofthis rule shall be the unit's date ofcommencementofoperation. (P) 

### "Common stack" means a single flue through which emissions from two ormore units are exhausted. (q) "Compliance account" means a NOx allowance tracking system account, established by the administrator for a NOx budget unit under rule 3745-14-06 ofthe Administrative Code in which the NOx allowance allocations for the unit are initiallyrecorded and in which are heldNOx allowances available for use by the unit for a control period for the purpose ofmeeting the unit's NOxbudgetemissionlimitation. (r) "Continuous emission monitoring system" or "CEMS" means the equipment required under rule 3745-14-08 ofthe Administrative Code to sample, analyze, measure, and provide, by readings taken at least once every fifteen minutes (using an automated DAHS, a permanent record ofNOx emissions, stack gas volumetric flow rate or stack gas moisture content (as applicable), in a manner consistent with rule 3745-14-08 ofthe Administrative Code. The following are the principal types ofcontinuous emission monitoring systems required under rule 3745-14-08 ofthe Administrative Code and40 CPRPart75:

### 3745-14-01 4



### (i) A flow monitoring system, consisting ofa stack flow rate monitor and an automated DAHS. A flow monitoring system provides a permanent, continuous record ofstack gas volumetric flow rate, inunits ofstandardcubic feetperhour(scth). (ii) A NOx concentration monitoring system, consisting of a NOx pollutantconcentrationmonitorand an automatedDAHS. A NOx concentration monitoring system provides a permanent, continuous record ofNOx emissions in units ofparts per million (ppm). (iii) A NOx emiSSIOn rate (or NOx-diluent) monitoring system, consisting ofaNOxpollutantconcentrationmonitor, adiluentgas (carbon dioxide or oxygen) monitor, and an automated DAHS. A NOx concentration monitoring system provides a permanent, continuous record of: NOx concentration in units of parts per million, diluent gas concentration in units of percent carbon dioxide or oxygen, and NOx emission rate in units ofpounds per mmBtu. (iv) A moisture monitoring system, as defined in 40 CFR 75.11(b)(2). A moisture monitoring system provides a permanent, continuous record of the stack gas moisture content, in units of per cent water. (s) "Control period" means the period beginning May first of a year and ending on Septemberthirtieth ofthe sameyear, inclusive. (t) "DAHS" means data acquisition andhandling system. (u) "Director" means the director of the Ohio environmental protection agency. (v) "Electricity for sale under firm contract to the grid" means electricity for sale where the capacity involved is intended to be available at all times duringthe periodcoveredby a guaranteed commitmentto deliver, even underadverse conditions. (w) "Emissions" means airpollutants exhaustedfrom aunit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the NOx authorized accountrepresentative and as determinedby the Administrator in accordance with rule 3745-14-08 of the

### 3745-14-01 5



### Administrative Code. (x) "Energy efficiency/renewable energy project" means any project that, during the control period, reduces end-use demand for electricity, including demand-side management practices, or displace electrical energy utilization through the use ofwind power, solarpower, biomass orlandfill methane generation. (y) "Energy infonnation administration" means the energy infonnation administration ofthe United States departmentofenergy. (z) "Excess emissions" means any tonnage ofNOx emitted by aNOx budget unit during a control period that exceeds the NOx budget emissions limitationforthe unit. (aa) "Fossil fuel" means natural gas, petroleum, coal, or any form ofsolid, liquid, orgaseous fuel derivedfrom suchmaterial. (bb) "Fossil fuel-fired" means, withregardto aunit: (i) For units that commenced operation before January 1, 1996, the combustion offossil fuel, alone or in combination with any other fuel, where fossil fuel actually combnsted comprises more than fifty per cent ofthe annnal heat input, on a Btu basis, dnring 1995, or, ifa unit had no heat input in 1995, during the last year ofoperation ofthe unitpriorto 1995; (ii) Forunits thatcommenced operationon orafterJanuary 1, 1996 and before January I, 1997, the combustion offossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than fifty per cent ofthe annual heat input, on aBtubasis, during 1996; or (iii) Forunits thatcommence operationon orafterJanuary 1, 1997: (a) 

### The combustion offossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than fifty per cent ofthe annual heat input, on aBtubasis, during any year; or (b) 

### The combustion offossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise3745-14-01 

### 6

more than fifty per cent ofthe annual heat input, on a Btu basis, during any year, providedthatthe unit shallbe "fossil fuel-fired" as ofthe date, during such year, on which the unitbegins combusting fossil fuel. (cc) "General account" means a NOx allowance tracking system account, established under rule 3745-14-06 ofthe Administrative Code, that is not acompliance accountoran overdraftaccount. (dd) "Generator" means adevice thatproduces electricity. (ee) "Heat input" means the product (in mmBtu per time) of the gross calorific value ofthe fuel (in mmBtu per pound) and the fuel feed rate into a combustion device (in pounds of fuel per time), as measured, recorded, and reported to the director by the NOx authorized account representative andas determinedby the directorin accordance withrule 3745-14-08 ofthe Administrative Code, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaustfrom other sources. (ff) "Heat input rate" means the amount ofheat input (in mmBtu) divided by unit operating time (in hours) or, with regard to a specific fuel, the amount ofheat input attributed to the fuel (in mmBtu) divided by the unit operatingtime (in hours) during which theunitcombusts the fuel. (gg) "Innovative technology project" means any project utilizing technology that has not been adequately demonstrated in practice, but that would have a substantial likelihood ofreducing NOx emissions compared to current practices. An innovative technology project could include technology to decrease electrical energy or fuel use either in stationary ormobile sources. (hh) "Life-of-the-unit, firm power contractual arrangement" means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specifiedunit andpays itsproportional amountofsuchunit's total costs, pursuantto a contract: (i) Forthe life ofthe unit; or (ii) For a cumulative term of no less than thirty years, including

### 3745-14-01 7



### contracts thatpennitan electionforearly tennination; or (iii) For a period equal to or greaterthan twenty-five years or seventy per cent ofthe economic useful life ofthe unit determined as of the time the unit is built, with option rights to purchase orrelease some portion of the nameplate capacity and associated energy generatedby the unitatthe endoftheperiod. (ii) "Maximum design heat input" means the ability of·a unit to combust a stated maximum amount offuel per hour on a steady state basis, as detennined by the physical design and physical characteristics ofthe unit. (jj) 

### "Maximum potential hourly heat input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. Ifthe unit intends to use Appendix D of40 CFR Part 75 to report heat input, this value must be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. Ifthe unit intends to use a flow monitor and a diluent gas monitor, this value mustbe reported, in accordance with 40 CFR Part 75, using the maximum potential flow rate and either the maximumcarbon dioxide concentration (inper cent carbon dioxide) or the minimumoxygenconcentration (inpercentoxygen). (kk) "Maximum potential NOx emission rate" means the emission rate of NOx (in 

### pounds permmBtu) calculatedin accordance with Section 3 of Appendix F of 40 CFR Part 75, using the maximum potential concentrationofNOx as definedin Section2 ofAppendix A of40 CFR Part 75, and either the maximum oxygen concentration (in per cent oxygen) or the minimum carbon dioxide concentration (in per cent carbon dioxide), under all operating conditions ofthe unit except for unit startup, shutdown, andupsets. (II) "Maximum rated hourly heat input" means a unit-specific maximum hourly heat input (mmBtu) which is the higher ofthe manufacturer's maximum rated hourly heat input or the highest observed hourly heat input. (mm) "mmBtu" means million. Britishthennal unit. (un) "MWe" means megawattelectrical.3745-14-01 8

(00) "Monitoring system" means any monitoring system that meets the requirements ofrule 3745-14-08 ofthe Administrative Code, including a continuous emissions monitoring system, an excepted monitoring system, oran alternativemonitoring system. (Pp) "Most stringent state or federal NOx emissions limitation" means the lowest NOx emission limitation (in pounds per mmBtu) that is applicable to the unit under state or federal law, regardless of the averagingperiodto whichthe emissions limitation applies. (qq) "Nameplate capacity" means the maximum electrical generating output (in MWe) that a generator can sustain over a specified period oftime when not restricted by seasonal or other deratings as measured in accordancewiththe United States department ofenergy standards. (rr) "Non-Title V permit" means a federally enforceable permit administered by the director pursuant to the Clean Air Act and regulatory authority under the Clean Air Act, other than Title V ofthe Clean Air Act and Chapter 3745-77 ofthe Administrative Code. (ss) "NOx" means all oxides ofnitrogen which are determined to be ozone precursors, including, but not limited to, nitrogen oxide and nitrogen dioxide, butexcludingnitrous oxide. (tt) "NOx allowance" means a limited authorization by the director or the Administratorunderthe NOx budgettrading program to emitup to one ton ofNOx during the control period ofthe specified year or ofany year thereafter, except as provided under paragraph (E)(6) of rule 3745-14-06 of the Administrative Code. No provision of the NOx budget trading program, the NOx budget permit application, the NOx budgetpermit, or an exemption underparagraph (C)(2)(a) or (D) ofthis rule and no provision oflaw shall be construed to limit the authority of the United States to terminate or limit such authorization, which does not constitute a property right. For purposes of this chapter, except paragraph (B), (C) or (D) ofrule 3745-14-05 of the Administrative Code or paragraph (1) ofrule 3745-14-09 ofthe Administrative Code, "NOx allowance" also includes an authorizationto emitup to one ton of NOx during the control period of the specified year or of any year thereafter by the state or the Administrator in accordance with a state NOx budget trading program established, and approved and administered by the Administrator, pursuant to 40 CFR 51.121 or in accordance with the NOx budget trading program established by the Administratorin accordance with 40 CFR 52.34.3745-14-01 9

(uu) "NOx allowance deduction" or "deduct NOx allowances" means the permanent withdrawal ofNOx allowances by the administrator from a NOx allowance tracking system compliance account or overdraft account to account for the number oftons ofNOx emissions from a NOx budget unit for a control period, determined in accordance with rules 3745-14-06 and 3745-14-08 ofthe Administrative Code, or for any otherallowance surrenderobligationunderthis chapter. (vv) "NOx allowances held" or "hold NOx allowances" means the NOx allowances recorded by the administrator, or submitted to the administratorforrecordation, in accordance withrule 3745-14-06 ofthe Administrative Code, in aNOx allowance tracking system account. (ww) "NOx allowance tracking system" means the system by which the administrator records allocations, deductions, and transfers of NOx allowances underthe NOxbudgettradingprogram. (xx) "NOx allowance tracking system account" means an accountin the NOx allowance tracking system establishedbythe administratorforpurposes ofrecording the allocation, holding, transferring, or deducting ofNOx allowances. (yy) "NOx allowance transfer deadline" means midnight of November thirtieth or, ifNovemberthirtieth is not a business day, midnight ofthe first business day thereafter and is the deadline by which NOx allowances may be submitted for recordation in a NOx budget unit's compliance account, or the overdraft account ofthe source where the unit is located, in order to meet the unit's NOx budget emissions limitationforthe control periodimmediately preceding such deadline. (zz) "NOx authorized account representative" means, for a NOx budget source or NOx budget unit at the source, the natural person who is authorized by the owners and operators of the source and all NOx budget units at the source, in accordance with rule 3745-14-02 ofthe Administrative Code, to represent and legally bind each owner and operator in matters pertaining to the NOx budget trading program or, for a general account, the natural person who is authorized, in accordance with rule 3745-14-06 of the Administrative Code, to transfer or otherwise dispose of NOx allowances held in the general account. (aaa) "NOx budget emissions limitation" means, for a NOx budget unit, the

### 3745-14-01 10

tonnage equivalent of the NOx allowances available for compliance deduction for the unitunderparagraphs (E)(l), (E)(2), (E)(5) and (E)(6) of rule 3745-14-06 of the Administrative Code in a control period adjusted by deductions ofsuch NOx allowances to account for actual heat input under paragraph (C)(5) of rule 3745-14-05 of the Administrative Code for the control period, or to account for excess emissions for a prior control period under paragraph (E)(4) of rule 3745-14-06 ofthe Administrative Code, or to account for withdrawal from the NOx budget trading program or for a change in regulatory status, ofa NOx budget opt-in unit under paragraph (G) or (H) ofrule 3745-14-09 oftheAdministrative Code. (bbb) "NOx budget opt-in permit" means a NOx budget permit covering a NOxbudgetopt-inunit. (ccc) "NOx budget opt-in unit" means a unit that has been elected to become a NOx budget unit under the NOx budget trading program and whose NOx budget opt-in permit has been issued and is in effect under rule 3745-14-09 oftheAdministrative Code. (ddd) "NOx budget permit" means the legally binding and federally enforceable written document, orportion ofsuch document, issued by the director, including any permitrevisions, specifyingthe NOx budget trading program requirements applicable to a NOx budget source, to eachNOxbudgetunit atthe NOx budget source, and to the owners and operators and the NOx authorized account representative ofthe NOx budgetsource andeachNOxbudgetunit. (eee) "NOx budget source" means a source that includes one or more NOx budgetunits. (fff) "NOx budget trading program" means a multi-state NOx air pollution control and emission reduction program approved and administered by the Administrator pursuant to 40 CFR 51.121 or established by the Administratorpursuant to 40 CFR 52.34, as a means ofmitigating the interstatetransportofozone andNOx. (ggg) "NOx budget unit" means a unit that is subject to the NOx emissions limitation under paragraph (C) ofthis rule or paragraph (A) of rule 3745-14-09 oftheAdministrative Code. (hOO) "Operating" means, with regard to a unit under paragraph (C)(I)(d)(ii) of rule 3745-14-03 or paragraph (A) of rule 3745-14-09 of the

### 3745-14-01 

### 11

Administrative Code, having docnmentedheatinputformore than eight hundred seventy-sixhours inthe six months immediately preceding the submission of an application for an initial NOx budget permit under paragraph (D)(l) ofrule 3745-14-09 ofthe Administrative Code. The unit's documentedheat input shallbe determined in accordance with40 CPRPart 75 ifthe unit was otherwise subjectto the requirements of40 CPRPart 75 during that six-monthperiod or shall be based on the best available data reported to the director for the unit ifthe unit was not otherwise subject to the requirements of40 CPR Part 75 during that six-monthperiod. (iii) "Operator" means any person who operates, controls, or supervises a NOxbudgetunit, aNOxbudget source, orunitforwhich an application for aNOxbudgetopt-inpermitunderparagraph (D) ofrule 3745-14-09 ofthe Administrative Code is submitted and not denied or withdrawn and shall include, bnt not be limited to, any holding company, utility system, orplantmanagerofsuch aunitor source. 

## OiD "Opt-in" means to be elected to become a NOx budget unit under the NOx budget trading program through a final, effective NOx budget opt-inpermitunderrule 3745-14-09 ofthe Administrative Code. (kkk) "Overdraft account" means the NOx allowance tracking system account, established by the administrator under rule 3745-14-06 ofthe Administrative Code, for eachNOx budget source where there are two ormoreNOxbudgetunits. (lll) "Owner" means any ofthe following persons: (i) Any holder ofany portion ofthe legal or equitable title in a NOx budgetunitorin aunit forwhich an application for aNOxbudget opt-in permit under paragraph (D) of rule 3745-14-09 of the Administrative Code submitted andnotdenied orwithdrawn; or (ii) Any holder ofa leasehold interest in a NOxbudgetunit or in aunit for which an application for a NOx budget opt-in permit under paragraph (D) ofrule 3745-14-09 ofthe Administrative Code is submittedand notdeniedorwithdrawn; or (iii) Any purchaserofpowerfrom aNOx budgetunitor from aunit for which an application for a NOx budget opt-in permit under. paragraph (D) ofrule 3745-14-09 ofthe Administrative Code is submitted and not denied or withdrawn under a life-of-the-unit,3745-14-01 12

fIrm power contractual arrangement (however, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the NOx budget unit or the unitfor which an application for a NOx budget opt-in permit under paragraph (D) of rule 3745-14-09 of the Administrative Code is submitted and not denied or withdrawn); or (iv) With respect to any general account, any person who has an ownership interestwithrespectto the NOx allowances held in the general account and who is subject to the binding agreement for the NOx authorized account representative to represent that person's ownership interestwithrespectto theNOx allowances. (mmm) "Per centmonitordata availability" means, forpurposes ofparagraph (D)(I) ofrule 3745-14-05 and paragraph (E)(2) ofrule 3745-14-09 of the Administrative Code, total unit operating hours for which quality-assured data were recorded in accordance with rule 3745-14-08 of the Administrative Code in a control period divided by the total number ofunit operating hours in the control period, and multipliedby one hundredpercent. (nun) "Potential electrical output capacity" means thirty three per cent ofa unit's maximumdesign heatinput. (000) "Receive" or "receipt of" means, when referring to the director or the administrator, to come into possession ofa document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an offIcial correspondence log, or by a notation made on the document, information, or correspondence, by the directororthe Administratorin the regularcourse ofbusiness. (Ppp) "Recordation," "record," or "recorded" means, with regard to NOx allowances, the movement of NOx allowances by the administrator from one NOx allowance tracking system account to another, for purposes ofallocation, transfer, ordeduction. (qqq) "Reference method" means any direct test method of sampling and analyzing for an air pollutant as specifIed in Appendix A of40 CFR Part 60.3745-14-01 13

(rn) "Serial number" means, when referring to NOx allowances, the unique identification number assigned to each NOx allowance by the administrator, under paragraph (D)(3) of rule 3745-14-06 of the Administrative Code. (sss) "Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated airpollutantunderthe Clean Air Act. For purposes of Section 502(c) ofthe Clean Air Act, a source, including a source with multiple units, shall be considered a single facility. (ttt) "State" means one ofthe forty-eightcontiguous states or aportionthereof or the District of Columbia that is subject to a NOx budget trading programunder Section IIO(c) or Section 126 ofthe Clean AirAct. (uuu) "State trading program budget" means the total number ofNOx tons apportioned to all NOx budgetunits 

### in the state, in accordance with the NOxbudgettrading program, foruse in a givencontrolperiod. (vvv) "Submit" or "serve" means to send ortransmita document, information, or correspondence to the person specified in accordance with the applicable regulation: (i) Inperson; (ii) By United States postal service; or (iii) By othermeans ofdispatch ortransmission and delivery. Compliance with any submission, service, or mailing deadline shall be determined by the date of dispatch, transmission, or mailing and notthe date ofreceipt. (www) "Title V operating permit" means a permit issued under Chapter 3745-77 ofthe Administrative Code. (xxx) "Title V operating permit regulations" means Chapters 3745-77 and 3745-78 ofthe Administrative Code. (yyy) "Ton" or "tonnage" means any "short ton" (i.e., two thousand pounds).3745-14-01 14

For the purpose of determining compliance with the NOx budget emissions limitation, total tons for a control period shall be calculated as the sum ofall recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with rule 3745-14-08 ofthe Administrative Code, with any remaining fraction of aton equal to or greaterthan 0.50 ton deemed to equal one ton and any fraction ofaton less than 0.50 tondeemedto equal zero tons. (zzz) "Unit" means a fossil fuel-fired stationaryboiler, combustionturbine, or combined cycle system. (aaaa) "Unit operating day" means a calendar day in which a unit combusts any fuel. (bbbb) "Unit operating hour" or "hour ofunit operation" means any hour (or fraction ofanhour) during which aunitcombusts any fuel. (cccc) "Utilization" means the heat input (expressed in mmBtu/time) for a unit. The unit's total heat input for the control period in each year shall be determined in accordance with 40 CFR Part 75 ifthe NOx budget unit was otherwise subject to the requirements of40 CFR Part 75 for the year, or shall be based on the best available data reported to the administrator for the unit ifthe unit was not otherwise subject to the requirements of40 CFRPart75 forthe year. (3) As used in rule 3745-14-11 ofthe Administrative Code (pertaining to NOx budgetprogramrequirements forportlandcementmanufacturing): (a) "Clinker" means the product of a portland cement kiln from which finished cementis manufacturedbymilling and grinding. (b) "Long dry kiln" means a kiln fourteen feet or larger in diameter, four hundred feet or greater in length, which employs no preheating ofthe feed. The inletfeed to the kiln is dry. (c) "Long wet kiln" means a kiln fourteen feet or larger in diameter, four hundred feet or greater in length, which employs no preheating ofthe feed. The inletfeed to the kiln is a slurry. (d) "Low-NOx burners" means combustion equipment designed to reduce flame turbulence, delay fuel/air mixing, and establish fuel-rich zones forinitial combustion.3745-14-01 15



### (e) "Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operationare notmalfunctions. (f) 

### "Mid-kiln system firing" means the secondary firing in kilns by injecting solid fuel at an intermediate point in the kiln system using a specially designed feed injection mechanism for the purpose ofdecreasing NOx emissions through: (i) Burningpartofthe fuel atalowertemperature; and (ii) Reducing conditions at the solid fuel injection point that may destroy some ofthe NOx formed upstream in the kiln burning zone. (g) "Portland cement" means a hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one or more of the forms of calcium sulfate as an intergroundaddition. (h) "Portland cement kiln" means a system, including any solid, gaseous or liquid fuel combustion equipment, used to heat, calcine and fuse raw materials, including limestone and clay, to produce portland cement clinker. (i) "Precalciner kiln" means a kiln system where the feed to the kiln is preheated in cyclone chambers which utilize a second burnerto calcine material in a separate vessel attached to the preheaterpriorto the final fusion inakilnwhichforms clinker. 

## 0) "Preheater kiln" means a kiln system where the feed to the kiln is preheated in cyclone chambers prior to the final fusion in a kiln which forms clinker. (k) "Shutdown" means the cessation ofoperation ofa portland cement kiln forany purpose. (1) 

### "Startup" means the setting in operation ofaportland cementkiln for any purpose.3745-14-01 16

(4) As used in rule 3745-14-12 ofthe Administrative Code (pertaining to NOx budgetprogramrequirements for stationary internal combustion engines): (a) "Affected engine" means any stationary internal combustion engine thatis a large NOx SIP call engine, or other stationary internal combustion engine that is subject to NOx control under a compliance plan established pursuant to paragraph (B) of rule 3745-14-12 of the Administrative Code. (b) "Engine seasonal NOx 2007 tonnage reduction" means the year 2007 control periodNOx emissions reductions value for a large NOx SIP call engine which is calculated as the difference between the 2007 base NOx emissions and the 2007 budget NOx emissions contained in the NOx SIP call engine inventory. The total engine seasonal NOx 2007 tonnage reduction for all large NOx SIP call engines in Ohio is 2730 tons. (c) "Facility seasonal NOx 2007 tonnage reduction" means the total ofthe engine seasonal NOx 2007 tonnage reductions attributable to all ofan owner/operator's large NOx SIP call engines. (d) "Large NOx SIP call engine" means a stationary internal combustion engine identified and designated as "large" in the NOx SIP call engine inventory (as defined in paragraph (B)(4)(e) ofthis rule) as emitting more than one ton ofNOx emissions per average control period day in 1995. (e) "NOx SIP call engine inventory" means the inventory of internal combustion engines compiled by the United States environmental protection agency as part of the NOx SIP call rule, including the Federal Register notice entitled "Technical Amendment to the Finding of Significant Contribution and Rulemaking for Certain States for Purposes of Reducing Regional Transport of Ozone," and the adjustmentofthe 2007 budgetNOx control efficiency to eighty-two per cent for large gas-fired engines discussed in the Federal Registernotice entitled "Interstate Ozone Transport: Response to Court Decisions on the NOX SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules." (f) "PastNOx emissionrate" means the emissionrate ofan affected engine in grams perbrake horsepower-hour as determinedbyperformance testing consistent with the requirements of 40 CFR Part 60, Appendix A.

### 3745-14-01 17

Where suchperformance testdata are notavailable, the appropriatepast NOx emission rate shall be evaluated and approved or denied by the director on a case-by-case basis using, for example, appropriate emission factors or data from the NOx SIP call engine inventory. For large NOx SIP call engines, the past NOx emission rate is the uncontrolledemissionrate. (g) "Projected operating hours" means the projected actual number ofhours ofoperationpercontrolperiodfor an affectedengine. (h) "Projected NOx emission rate" means the projected emission rate in grams per brake horsepower-hour after installation ofcontrols on an affectedengine. (i) "Stationary internal combustion engine" means any internal combustion engine ofthe reciprocating type thatis eitherattachedto afoundation at a facility or is designed to be capable ofbeing carried or moved from one location to another and remains at a single site at a building, structure, facility, or installation for more than twelve consecutive months. Any engine (orengines) thatreplaces an engine at a site that is intendedto performthe same or similarfunction as the engine replaced is includedincalculatingthe consecutivetimeperiod. (C) Applicability. (I) The following units shallbeNOxbudgetunits, and any source thatincludes one ormore such units shall be aNOx budget source, subjectto the requirements ofthis chapter: (a) ForEGUs: (i) For units, other than cogeneration units, that commenced operation before January 1, 1997, a unit serving during 1995 or 1996 a generator that had a nameplate capacity greater than twenty-five MWe and produced electricity for sale under a firm contract to the electric grid; (ii) For units, other than cogeneration units, that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit serving during 1997 or 1998 a generator that had a nameplate capacity greater than twenty-five MWe and produced electricity for saleunderafirm contractto the electric grid; and

### 3745-14-01 18

(iii) For units, other than cogeneration units, that commence operation on orafterJanuary 1, 1999, aunit serving at any time a generator that has a nameplate capacity greater than twenty-five MWe and produces electricityfor sale. (iv) Forcogenerationunits: (a) 

### For units commencing operation before January 1, 1997, a unit serving during 1995 or 1996 a generator with a nameplate capacity greater than twenty-five MWe and failing to qualify as an unaffected unit under 40 CFR 72.6(b)(4) for 1995 or 1996 under the "Acid Rain Program;" (b) 

### For units commencing operation in 1997 or 1998, a unit serving during 1997 or 1998 a generator with a nameplate capacity graterthan twenty-five MWe and failing to qualify as an unaffected unit under 40 CFR 72.6(b)(4) for 1997 or 1998 underthe "AcidRain Program;" (c) 

### Forunits commencing operationon orafterJanuary 1, 1999, a unit serving at any time a generator with a nameplate capacity greater than twenty-five MWe and failing to qualify as an unaffectedunitunder40 CFR72.6(b)(4) under the "AcidRain Program" for anyyear. (b) Fornon-EGUs: (i) For units, other than cogeneration units, that commenced operation before January 1, 1997, a unit that has a maximum design heat input greaterthan two hundred fifty mmBtuperhour andthat did not serve during 1995 or 1996 a generator producing electricity for saleundera firm contractto the electric grid; (ii) For units, other than cogeneration units, that commenced operation on orafterJanuary 1, 1997 andbeforeJanuary 1, 1999, aunitthat has a maximum design heat input greater than two hundred fifty mmBtu per hour and that did not serve during 1997 or 1998 a generator producing electricity for sale under a firm contract to the electric grid; (iii) For units, other than cogeneration units, that commence operation

### 3745-14-01 19

on or after January 1, 1999, a unit with a maximum design heat inputgreaterthantwo hundredfifty mmBtuperhourthat: (a) 

### Atno time serves ageneratorproducing electricity for sale; or (b) 

### Atany time serves ageneratorproducing electricity for sale, if any such generator has anameplate capacity oftwenty-five MWe or less andhas the potential to use no more than fifty per cent ofthe potential electrical output capacity ofthe unit. (iv) Forcogenerationunits: (a) 

### For units commencing operation before January I, 1997, a unit with a maximum design heat input greater than two hundred fifty mmBtu per hour and qualifying as an unaffected unit under 40 CFR n.6(b)(4) 

### under the "Acid RainProgram" for 1995 and 1996; (b) 

### Forunits commencing operationin 1997 or 1998, aunitwitha maximum design heat input greater than two hundred fifty mmBtu perhour and qualifYing as an unaffected unit under 40 CFR n.6(b)(4) 

### underthe "AcidRain Program" for 1997 and 1998; (c) 

### Forunits commencing on or afterJanuary 1, 1999, aunit with amaximumdesignheatinputgreaterthan two hundred fifty mmBtuperhour and qualifying as an unaffectedunitunder 40 CFR n.6(b)(4) 

### under the "Acid Rain Program" for each year. (2) The following units shall be exempt from the requirements ofthe NOx budget tradingprogram: (a) Anyunitto which Chapter3745-109 ofthe Administratiye Code applies. [Comment: The above exemption applies to units under paragraph (C)(l) ofthis rule or units under paragraph (A) ofrule 3745-14-09 of the Administratiye Code, for any ozone season to which 40 CFR 51.1210:) applies. Ohio EPA is inserting this language because the United States environmental protection agency will not administer the NOx SIP Call trading program after 2008 (see 40 CFR 51.1210:)). In order to continue to meet the Ohio's NOx SIP Call obligations. Ohio3745-14-01 20

has chosen to expand the applicability of Ohio's CArR program as it pertains to the CAIR ozone season rules (rules 3745-109-01 and 3745-109-15 to 3745-109-21 ofthe Administrative Code) to cover all units that would otherwise be covered by Ohio's NOx SIP Call trading program (see 40 CFR51.123(bb)(I) and (3)). The federal CAIR program was vacated by the D.C. Circuit Court of Appeals on July 1J. 2008. The court then remanded. without vacatur. the federal CAIR program on December 23, 2008 allowing the full operation of the federal CArR program and Ohio's CArR program beginning with the January J. 2009 control period. The court's remand requires the United States environmental protection agency to provide for remedy of certain flaws identified by the court in the original vacatur. An effective federal CArRtradingprogram is necessary forthe operation of Ohio's CArR program. Should the United States environmental protection agency eliminate or suspend the CArR program, units under paragraph (C)(l) of this rule or units under paragraph (A) ofrule 3745-14-09 ofthe Administrative Code would needto meet the requirements ofthis chapter following the elimination or suspension of the federal CArR program, provided that 40 CFR 51.121(r) no longer applies and the Administrator will cavy out the functions setforth forthe Administratorin this chapter.] W.Qil. A unit under paragraph (C)(I) of this rule that has a federally enforceable permit that includes a NOx emission limitation restricting NOx emissions during a control period to twenty-five tons or less and restricts the unit to burning only natural gas or fuel oil during a control period in 2004 or later and that includes the special provisions in paragraph (C)(2)WW of this rule shall be exempt from the requirements of the NOx budget trading program, except for the provisions ofthis paragraph, paragraphs (B), (C)(I) and (F) ofthis rule and rules 3745-14-05 to 3745-14-07 ofthe Administrative Code. The NOx emission limitation under this paragraph shall restrict NOx emissions duringthe controlperiodby one ofthe following methods: (i) A restriction on unit operating hours calculated by dividing the federally enforceable emission limitation, in tons, determined in accordance with paragraph (C)(2)W.Qil. ofthis rule, by the unit's maximum potential hourly NOx mass emissions, which shall equal the unit's maximum rated hourly heat input multiplied by the highestdefaultNOx emissionrate applicable to the unitunder 40 CFR75.19(c), TableLM-2; or (ii) A restriction on unit fuel usage calculated by dividing the federally

### 3745-14-01 21

enforceable emiSSIOn limitation, in tons, determined in accordance with paragraph (C)(2)Ea)® of this rule, by the product ofthe heat value ofthe fuel to be used multipliedby the default NOx emission rate for the fuel to be used as specified in 40 CFR75.19(c), TableLM-2. 

## tat1£) The exemption under paragraph (C)(2)Ea)® ofthis rule shall become effective as follows: (i) The exemption shall become effective onthe date onwhichthe NOx emission limitation and the special provisions in the permitunder paragraph (C)(2)Ea)® ofthis rulebecome final; or (ii) Ifthe NOx emission limitation and the special provisions in the permit under paragraph (C)(2)W.(!l) of this rule become final during a control periodand after the first date on which the unit operates during such control period, then the exemption shall become effective on May first of such control period, provided that such NOx emission limitation and the special provisions apply to the unit as ofsuch first date ofoperation. Ifsuch NOx emission limitation and specialprovisions do notapply to the unit as of such first date of operation, then the exemption under paragraph (C)(2)Ea)® of this rule shall become effective on October first of the year during which such NOx emission limitation andthe specialprovisions become final. 

## fe1@ The director shall provide the Administrator written notice of the issuance ofany permit under paragraph (C)(2)Ea)® ofthis rule and, uponrequest, acopy ofthepermit. 

## ftI1W The following special provisions apply to units exempt under paragraph (C)(2)Ea)®ofthis rule. (i) Aunit exemptunderparagraph (C)(2)Ea)® ofthis rule shall comply withthe restriction on unit operating hours and fuel use described in paragraph (C)(2)Ea)® ofthis rule during the control period in eachyear. . (ii) NOx allowances shall be allocated to the unit in accordance with paragraphs (B)(l) to (B)(3) and (C)(l) to (C)(3) of rule 3745-14-05 ofthe Administrative Code. For each control period for which the unit is allocated NOx allowances under this paragraph:

### 3745-14-01 22

(a) 

### The owners and operators ofthe unit must specify a general account, in which the administrator will record the NOx allowances; and (b) 

### After the administrator records a NOx allowance allocation under paragraphs (B)(l) to (B)(3) and (C)(l) to (C)(3) of rule 3745-14-05 of the Administrative Code, the administrator will deduct, from the general account under paragraph (C)(2)WW(ii)(a) ofthis rule, NOx allowances that are allocated for the same or a prior control period as the NOx allowances allocated to the unit under paragraphs (B)(l) to (B)(3) and (C)(l) to (C)(3) ofrule 3745-14-05 of the Administrative Code and that equal the NOx emission limitation (in tons ofNOx) on which the unit's exemption underparagraph (C)(2)W® ofthis rule is based. The NOx authorized account representative shall ensure that such general account contains the NOx allowances necessary for completionofsuchdeduction. (iii) A unitexemptunderparagraph (C)(2)W® ofthis rule shall report hours ofunit operation or fuel usage during the control period in eachyeartothe directorbyNovemberfirst ofthatyear. (iv) Foraperiod offive years from the date the records are created, the owners and operators of a unit exempt under paragraph (C)(2)W®ofthis rule shall retain, atthe sourcethatincludes the unit, records demonstrating that the conditions ofthe federally enforceable permitunderparagraph (C)(2)W.(]ll ofthis rule were met, including the restrictions on unit operating hours and fuel usage. The five-year period for keeping records may be extended for cause, at any time priorto the end ofthe period, in writing by the director or the administrator. The owners and operators bear the burden of proof that the unit met the restriction on unit operatinghours andfuel use. (v) The owners and operators and, to the extent applicable, the NOx authorized account representative of a unit exempt under paragraph (C)(2)W® of this rule shall comply with the requirements ofthe NOx budget trading program concerning all periods·for which the exemption is not in effect, even if such requirements arise, ormustbe compliedwith, afterthe exemption takes effect.

### 3745-14-01 23

(vi) Onthe earlierofthe following dates, aunitexemptunderparagraph (C)(2)WDilofthis rule shalllose its exemption: (a) 

### The date on which the restriction on unit operating hours and fuel use described in paragraph (C)(2)WDil ofthis rule is removed from the unit's federally enforceable permit or otherwise becomes no longer applicable to any control period starting in 2004; or (b) 

### The firstdate on which the unitfails to comply, orwithregard to which the owners and operators fail to meet theirburden ofproving thatthe unitis complying, withthe restriction on unit operating hours and fuel use described in paragraph (C)(2)WDilofthis rule during any control period starting in 2004. (vii) A unit that loses its exemption in accordance with paragraph (C)(2)WW(vi) ofthis rule shallbe subjectto the requirements of this chapter. For the purpose ofapplying permitting requirements under rule 3745-14-03 of the Administrative Code, allocating allowances under rule 3745-14-05 ofthe Administrative Code, and applying monitoring requirements under rule 3745-14-08 of the Administrative Code, the unit shall be treated as commencing operation and, ifthe unit is covered by paragraph (C)(I)WDil of this rule, commencing commercial operation on the date the unit loses its exemption. (viii) A unit that is exempt under paragraph (C)(2)wDil ofthis rule is not eligibleto be aNOxbudget opt-unitunderrule 3745-14-09 of the Administrative Code. (D) Retiredunit exemption. (I) 

### This rule applies to any NOxbudget unit, other than aNOx budget opt-in unit, thatis permanentlyretired. (2) Standardprovisions. (a) Any NOx budget unit, other than a NOx budget opt-in unit, that is permanently retired shall be exempt from the NOx budget trading program, except for the provisions ofthis rule and rules 3745-14-05 to 3745-14-07 ofthe Administrative Code.3745-14-01 24

(b) The exemption under paragraph (D)(2)(a) of this rule shall become effectivethe day on which the unit is permanentlyretired. Within thirty days of permanent retirement, the NOx authorized account representative ofthe unit shall submit a statement to the director. A copy of the statement shall be submitted to the administrator. The statement shall state (in a formatprescribedbythe director) that theunit is permanently retired and will comply with the requirements of paragraph (D)(3) ofthisrule. (c) After receipt ofthe statement under paragraph (D)(2)(b) ofthis rule, the director shall amend any permitcovering the source atwhich the unitis located to add the provisions and requirements ofthe exemption under paragraphs (D)(2)(a) and (D)(3) ofthis rule. (3) Specialprovisions. (a) A unit exempt under paragraph (D) ofthis rule shall not emit any NOx, starting onthe date thatthe exemptiontakes effect. (b) The director shall allocate NOx allowances under rule 3745-14-05 ofthe Administrative Code to a unit exempt underparagraph (D) ofthis rule. Foreach controlperiodforwhichthe unitis allocated one ormore NOx allowances, the owners and operators ofthe unit shall specifY a general account, in whichthe administratorwill record such NOx allowances. (c) Foraperiod offive years from the date therecords are created, the owners and operators ofa unit exempt under paragraph (D) ofthis rule shall retain atthe source thatincludes the unit, records demonstrating that the unit is permanently retired. The five-year period for keeping records maybe extended for cause, at any time priorto the endofthe period, in writing by the director or the administrator. The owners and operators bearthe burden ofproofthat the unitis permanentlyretired. (d) The owners and operators and, to the extent applicable, the NOx authorized account representative ofa unit exempt underthis rule shall comply with the requirements of the NOx budget trading program concerning all periods for which the exemption is not in effect, even 

### if suchrequirements arise, ormustbe complied with, afterthe exemption takes effect. (e) Returning retiredunits to service.3745-14-01 25

(i) A unit exempt under paragraph (D) ofthis rule and located at a source that is required, or but for this exemption would be required, to have a Title V operating permit shall not resume operationunless the NOx authorized accountrepresentative ofthe source submits a complete NOx budget permitapplication for the unit not less than twelve months before the later ofMay I, 2004 orthe date on which the unitresumes operation. (ii) A unit exempt under paragraph (D) ofthis rule and located at a source that is required, or but for this exemption would be required, to have a non-Title V permit shall not resume operation unless the NOx authorized account representative ofthe source submits a complete NOx budget permit application for the unit notless than twelve months before the laterofMay 1, 2004 orthe date onwhich theunitis to firstresume operation. (f) Onthe earlierofthe following dates, aunitexemptunderparagraph (D) of this rule shall lose its exemption: (i) The date on which the NOx authorized account representative submits a NOx budget permit application under paragraph (D)(3)(e) ofthis rule; (ii) The date on which the NOx authorized account representative is required under paragraph (D)(3)(e) ofthis rule to submit a NOx budgetpermitapplication; or (iii) The date on which the unit resumes operation, ifthe unit is not requiredto submitaNOxbudgetpermitapplication. (g) For the purpose of applying monitoring requirements under rule 3745-14-08 ofthe Administrative Code, a unit that loses its exemption under paragraph (D) of this rule shall be treated as a unit that commences operation or commercial operation on the first date on whichthe unitresumes operation. (h) A unitthatis exemptunderparagraph (D) ofthis rule is not eligible to be a NOx budget opt-in unit under rule 3745-14-09 ofthe Administrative Code. (E) Standardrequirements.3745-14-01

(l) Permitrequirements. 

### 26

(a) The NOx authorized account representative ofeach NOx budget unit or NOx budget source required to have a federally enforceable permit for the unit or source shall:

. (i) Submit to the director a complete NOx budgetpermit application in accordance with the deadlines specified in paragraphs (B)(2) and (B)(3) ofrule 3745-14-03 ofthe Administrative Code; (ii) Submit in a timely manner any supplemental information that the director determines is necessary in orderto review a NOx budget permitapplication and issue ordeny aNOxbudgetpermit. (b) The owners and operators ofeach NOx budget unit or source required to have a federally enforceable permit shall have a NOx budget permit issued by the director and operate the unit in compliance with such NOxbudgetpermit. (c) The owners and operators ofa NOx budget source that is not otherwise required to have a federally enforceable permit are not required to submit a NOx budget permit application, and to have a NOx budget permitfor such NOx budget source. (2) Monitoringrequirements. (a) The owners and operators and, to the extent applicable, the NOx authorized account representative ofeach NOx budget source and each NOx budget unit at the source shall comply with the monitoring requirements ofrule 3745-14-08 ofthe Administrative Code. (b) The emissions measurements recorded and reported in accordance with rule 3745-14-08 ofthe Administrative Code shall be used to determine complianceby the unit with the NOx budget emissions limitationunder paragraph (E)(3) ofthis rule. (3) NOx allowances. (a) The owners and operators of each NOx budget source and each NOx budget unit at the source shall hold NOx allowances available for compliance deductions under paragraph (E) ofrule 3745-14-06 ofthe3745-14-01 27

Administrative Code, as ofthe NOx allowance transfer deadline, in the unit's compliance account and the source's overdraft account in an amount not less than the total NOx emissions for the control period from the unit, as determined in accordance with rule 3745-14-08 ofthe Administrative Code, plus any amount necessary to account for actual utilization under paragraph (C)(5) of rule 3745-14-05 of the Administrative Code forthe control period. (b) Each ton of NOx emitted in excess of the NOx budget emiSSIOns limitation shall constitute a separate violation ofthis chapter, the Clean AirAct, and applicable Ohio law. (c) A NOx budget unit shall be subject to the requirements under paragraph (E)(3)(a) ofthis rule starting on the laterofMay 31, 2004 orthe date on whichthe unitcommences operation. (d) NOx allowances shall be held in, deducted from, or transferred among NOx allowance tracking system accounts in accordance with rules 3745-14-05, 3745-14-06, 3745-14-07 and 3745-14-09 of the Administrative Code. (e) A NOx allowance shall not be deducted, in order to comply with the requirements underparagraph (E)(3)(a) ofthis rule, for a control period in ayearpriorto the yearfor whichthe NOx allowance was allocated. (f) A NOx allowance allocatedby the director underthe NOx budget trading program is a limited authorization to emit one ton of NOx in accordance with the NOx budget trading program. No provision ofthe NOx budget trading program, the NOx budget permit application, the NOx budget permit, or an exemption under paragraph (C)(2) or (D) of this rule and no provision of law shall be construed to limit the authority ofthe United States or the state ofOhio to terminate or limit such authorization. (g) A NOx allowance allocatedby the directorunderthe NOx budget trading programdoes not constitute apropertyright. (h) Upon recordation by the administrator under rules 3745-14-06 and 3745-14-07 ofthe Administrative Code, every allocation, transfer, or deduction of a NOx allowance to or from a NOx budget unit's compliance account or the overdraft account ofthe source where the unitis locatedis deemed to amend automatically, andbecome a partof, any NOx budget permit ofthe NOx budget unit by operation oflaw

### 3745-14-01

withoutany furtherreview. 28

(4) The owners and operators ofaNOxbudgetunitthathas excess emissions in any controlperiod shall: (a) Surrender the NOx allowances required for deduction under paragraph (E)(4)(a) ofrule 3745-14-06 ofthe Administrative Code; and (b) Pay any fine, penalty, or assessment or comply with any other remedy imposed under paragraph (E)(4)(c) of rule 3745-14-06 of the AdministrativeCode. (5) Recordkeeping andreporting requirements. (a) Unless otherwise provided, the owners and operators ofa NOx budget source and eachNOx budgetunitat the source shall keep on site at the source, or at a central location in Ohio for unattended sources, each of the following documents for a period offive years from the date the document is created: (This period may be extended for cause, at any time prior to the end of five years, in writing by the director or the administrator. Records for unattended sources retained at a central location shall be available immediately at the central location upon the request ofthe director oradministrator and within three days following receiptofawrittenrequestfrom the directororadministrator.) (i) The account certificate ofrepresentation for the NOx authorized accountrepresentative forthe source andeachNOxbudgetunitat the source and all documents that demonstrate the truth ofthe statements in the account certificate of representation, in accordance with paragraph (D) of rule 3745-14-02 of the Administrative Code, provided that the certificate and documents shall be retained on site at the source beyond such five-year period until such documents are superseded because of the submission of a new account certificate of representation changing theNOx authorized accountrepresentative; (ii) All emissions monitoring information, in accordance with rule 3745-14-08 oftheAdministrative Code; (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the NOx budgettradingprogram; and

### 3745-14-01 

### 29

(iv) Copies ofall documents used to complete a NOx budget pennit application and any other submission under the NOx budget trading program or to demonstrate compliance with the requirements oftheNOxbudgettrading program. (b) The NOx authorized account representative ofa NOx budget source and each NOx budget unit at the source shall submit the reports and compliance certifications required under the NOx budget trading program, including those under rules 3745-14-04, 3745-14-08 and 3745-14-09 ofthe Administrative Code. (6) Liability. (a) Anyperson who knowingly violates anyrequirement orprohibition ofthe NOx budget trading program, a NOx budget pennit, or an exemption under paragraph (C)(2) or (D) of this rule shall be subject to enforcementpursuantto applicable state andfederal law

. (b) Any person who knowingly makes a false material statement in any record, submission, or report under the NOx budget trading program shallbe subjectto criminal enforcementpursuantto applicable state and federal law. (c) No pennit revision shall excuse any violation ofthe requirements ofthe NOx budget trading program that occurs prior to the date that the revisiontakes effect. (d) Each NOx budget source and each NOx budget unit shall meet the requirements ofthe NOxbudgettradingprogram. (e) Any provision ofthe NOx budgettrading program that applies to a NOx budget source (including a provision applicable to the NOx authorized account representative ofa NOx budget source) shall also apply to the owners and operators ofsuch source and ofthe NOxbudgetunits atthe source. (f) 

### Any provision ofthe NOx budget trading program that applies to a NOx budget unit (including a provision applicable to the NOx authorized account representative ofa NOx budget unit) shall also apply to the owners and operators of such unit. Except with regard to the requirements applicable to units with a common stack under rule 3745-14-08 ofthe Administrative Code, the owners and operators and3745-14-01 30



### the NOx authorized account representative of one NOx budget tmit shall not be liable for any violation by any other NOx budget unit of which they are not owners or operators or the NOx authorized account representative and that is located at a source of which they are not owners oroperators orthe NOx authorized accountrepresentative. (7) No provision of the NOx budget trading program, a NOx budget permit application, aNOxbudgetpermit, oran exemptionunderparagraph (C)(2) or (D) ofthis rule shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the NOx authorized account representative ofaNOx budget source orNOx budget unit from compliance with any other provision ofthe applicable, approved state implementation plan, afederally enforceablepermit, orthe CleanAirAct. (F) Computation oftime. (1) 

### Unless otherwise stated, any time period scheduled, under the NOx budget trading program, to begin onthe occurrence ofan actor event shall begin on the day the actoreventoccurs. (2) Unless otherwise stated, any time period scheduled, under the NOx budget trading program, to begin before the occurrence ofan act or event shall be computed so thatthe periodends the daybeforethe actoreventoccurs. (3) Unless otherwise stated, ifthe final day of any time period under the NOx budget trading program, except for the control period defined in paragraph (B)(2)(r) ofthis rule, falls on aweekend orastate orfederal holiday, the time period shallbe extendedto the nextbusiness day. (G) Incorporation by reference. This chapter includes references to certain matter or materials. The text ofthe incorporated materials is not included in the regulations containedinthis chapter. The materials are hereby made apartofthe regulations in this chapter. Formaterials subject to change, only the specific version specified in the regulation are incorporated. Material is incorporated as it exists on the effective date ofthis rule. Except for subsequentannual publication ofexisting (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not incorporated unless and until this rule has been amendedto specify the new dates. (I) Availability. The materials incorporatedbyreference are available as follows: (a) Clean Air Act as defined in this rule. Information and copies may be

### 3745-14-01 31

obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the Act as amended in 1990 is also available in electronic format at www.epa.gov/oar/caal. A copy of the Act is also available for inspection and copying at most public libraries and "The State Library ofOhio." (b) Code ofFederal Regulations. Information and copies may be obtainedby 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.access.gpo.gov/naralcfr/. The CFRcompilations are also available for inspection and copying atmost Ohiopublic libraries and "The State Library ofOhio." (c) Ohio EPA weekly review. Information and copies may be obtained by writing to: "Ohio EPA Legal Department, 122 S. Front Street, Columbus, Ohio, 43125." The full text of the Ohio EPA Weekly Review is also available in electronic format at www.epa.state.oh.us/legallpubnote.htmll. The Ohio EPA Weekly Review compilations are also available for inspection and copying at mostOhio public libraries and "The State Library ofOhio." (d) Federal Registrar. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." Text of the Federal Register is also available in electronic format atwww.gpoaccess.gov/fr/index.html. The Federal Register is also available for inspection and copying at most Ohio public libraries and "The StateLibraryofOhio." (e) American Society for Testing Materials (ASTM). Information and copies may be obtained by writing to: "ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19426-2959." These documents are available for purchase at www.astm.org. ASTM documents are also generally available at local public libraries and "The State Library ofOhio." (2) Incorporatedmaterials. (ft) 40 CPR 52.34; "AefieR eR reaaeRs stfflffiittee tH1eer seefieR 126 re1atiflg te effiissieRs ef Ritregefl eldees;" 64 FR 28318,MflJ' 25, 1999, as llI1'1eReeellt 64 FR 33961, JmIe 24,1999; 65 PR 2042, Jllfl. 13,2000; 65 FR2726, Jllfl. 18,2000; 69 PR31505, JtIfle 3, 2004.3745-14-01 32



## fb:IDD 40 CFR 51.121; "Findings and requirements for submission of State implementation plan revisions relating to emissions of oxides of nitrogen;"63 FR 57491, Oct. 27, 1998, as amended at 63 FR 71225, Dec. 24, 1998; 64 FR 26305, May 14, 1999; 65 FR 11230, Mar. 2, 2000; 65 FR 56251, Sept. 18,2000 ; 69 FR 21642, Apr. 21, 2004; 70 FR 25317, May 12,2005; 70 FR 51597, Aug. 31,2005.73 FR 21538. Apr. 22. 2008. 

### (11) 40 CFR 52.34: "Action on petitions submitted under section 126 relating to emissions of nitrogen oxides:" 64 FR 28318. May 25. 1999. as amended at 64 FR 33961, June 24, 1999; 65 FR 2042. Jan. 13,2000; 65 FR 2726. Jan. 18. 2000; 69 FR 31505. June 3. 2004. (c) 40 CFR Part 60; "Standards ofPerformance forNew Stationary Sources;" as publishedin the July 

### I,;ww. 2008 Code ofFederal Regulations. (d) 40 CFRPart 60, Appendix A; "TestMethods 1 through 29;" as published in the July 1,;ww. 2008 Code ofFederal Regulations. (e) 40 CFR Part 72; "Permits Regulation;" as published in the July 1, ;ww. 2008 Code ofFederal Regulations. (f) 40 CFR 72.2; "Definitions;" as published inthe July 1,;ww. 2008 Code of Federal Regulations. (g) 40 CFR 72.6; "Applicability;" 58 FR 3650, Jan. II, 1993, as amended at 58 FR 15648, Mar. 23, 1993; 62 FR 55475, Oct. 24, 1997; 64 FR 28588, May 26, 1999; 66 FR 12978, Mar. 1,2001,

. (h) 40 CFR Part 75; "Continuous Emission Monitoring;" as published in the July 1,;ww. 2008 Code ofFederal Regulations. (i) 40 CFR 75.10; "General operating requirements;" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26519, May 17, 1995; 64 FR 28590, May 26,1999; 67 FR40422, June 12,2002; 70 FR28678, May 18,2005. (j) 40 CFR 75.11; "Specific provisions for monitoring S02 emissions (S02 and flow monitors);" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26520, 26566, May 17, 1995; 61 FR 59157, Nov. 20, 1996; 63 FR 57499, Oct. 27, 1998; 64 FR 28590, May 26, 1999; 67 FR 40423, June 12,2002, 73 FR4342. Jan. 24. 2008.3745-14-01 33

(k) 40 CFR 75.17; "Specific provisions for monitoring emissions from common, bypass, and multiple stacks for NOX emission rate;" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR26523, May 17, 1995; 63 FR 57499, Oct. 27, 1998; 64 FR 28592, May 26, 1999; 67 FR40424, June 12, 2002, 73 FR4343, Jan. 24, 2008. (I) 40 CFR 75.19; "Optional S02, NOX, and C02 emissions calculation for low mass emissions (LME) units;" 63 FR 57500, Oct. 27, 1998, as amended at 64 FR 28592, May 26, 1999; 64 FR 37582, July 12, 1999; 67 FR 40424, 40425, June 12, 2002; 67 FR 53504, Aug. 16, 2002, 73 FR4344. Jan. 24. 2008. (m) 40 CFR 75.20; "Initial certification and recertification procedures;" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR26524, May 17, 1995; 60 FR 40296, Aug. 8, 1995; 61 FR 59158, Nov. 20, 1996; 63 FR 57506, Oct. 27, 1998; 64 FR 28592, May 26, 1999; 67 FR 40431, June 12, 2002; 70 FR 28678, May 18,2005.72 FR 51527, Sept. 7, 2007: 73 FR 4345,Jan.24.2008. (n) 40 CFR 75.21; "Quality assurance and quality control requirements;" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26527,26566, May 17, 1995; 61 FR 25582, May 22, 1996; 61 FR 59159, Nov. 20,1996; 64 FR 28599, May 26, 1999; 67 FR40433, June 12,2002; 67 FR 53505, Aug. 16,2002; 70 FR28679, May 18,2005.73 FR4345. Jan. 24. 2008. (0) 40 CFR75.34; "Units with add-on emission controls;" 60 FR 26567, May 17, 1995, as amended at 61 FR 59160, Nov. 20, 1996; 64 FR 28604, May 26, 1999; 67 FR40438, June 12, 2002. 73 FR4348. Jan. 24. 2008. (P) 40 CFR 75.61; "Notifications;" 60 FR 26538, May 17, 1995, as amended at 61 FR 25582, May 22, 1996; 61 FR 59162, Nov. 22, 1996; 64 FR 28620, May 26, 1999; 67 FR40442, 40443, June 12,2002,73 FR4356. Jan. 24, 2008. (q) 40 CFR 75.62; "Monitoring plan submittals;" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26539, May 17, 1995; 64 FR 28621, May 26, 1999; 67 FR40443, June 12,2002,73 FR4356, Jan. 24. 2008. (r) 40 CFR 75.64; "Quarterly Reports;" 64 FR 28622, May 26, 1999, as amended at 67 FR40444, June 12,2002.73 FR4357. Jan. 24, 2008. (s) 40 CFR 75.66; "Petitions to the Administrator;" 58 FR 3701, Jan. 11,3745-14-01 34

1993, as amended at 60 FR 26540, 26569, May 17, 1995; 61 FR59162, Nov. 20, 1996; 64 FR 28623, May 26, 1999; 67 FR 40444, June 12, 2002.73 FR4358. Jan. 24. 2008. (t) 40 CFR 75.70; "NOX mass emissions provisions;" 63 FR 57507, Oct. 27, 1998, as amended at 64 FR 28624, May 26, 1999; 67 FR 40444, June 12,2002. (u) 40 CFR 75.71; "Specific provisions for monitoring NOX and heat input for the purpose of calculating NOX mass emissions;" 63 FR 57508, Oct. 27, 1998, as amended at 64 FR 28624, May 26, 1999; 67 FR 40444, 40445, June 12, 2002; 67 FR 53505, Aug. 16, 2002. 73 FR 4358 Jan. 24. 2008. (v) 40 CFR 75.72; "Determination ofNOX mass emissions;" 63 FR 57507, Oct. 27, 1998, as amendedat 67 FR40445, June 12,2002.73 FR4358. Jan. 24. 2008. (w) 40 CFR 75.74; "Annual and ozone season monitoring and reporting requirements;" 63 FR 57507, Oct. 27, 1998, as amended at 64 FR 28627, May 26, 1999; 67 FR 40446, 40447, June 12, 2002; 67 FR 57274, Sept. 9, 2002. 73 FR4360. Jan. 24. 2008. (x) 40 CFR Part 75, Appendix A; "Specifications and Test Procedures;" as publishedinthe July 1,;WW: 2008 Code ofFederal Regulations. (y) 40 CFR Part 75, Appendix B; "Quality Assurance and Quality Control Procedures;" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26546, 26571, May 17, 1995; 61 FR 59165, Nov. 20, 1996; 64 FR 28644, May 26, 1999; 64 FR 37582, July 12, 1999; 67 FR 40456, 40457, June 12, 2002; 67 FR 53505, Aug. 16,2002; 67 FR 57274, Sept. 9, 2002; 70 FR 28693, May 18, 2005, 72 FR 51528. Sept. 7. 2007; 73 FR 4367. Jan. 24.2008. (z) 40 CFRPart75, Appendix D; "Optional S02 Emissions DataProtocol for Gas-Fired and Oil-FiredUnits;" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26548,26551, May 17, 1995; 61 FR 25585, May 22, 1996; 61 FR 59166, Nov. 20, 1996; 63 FR 57513, Oct. 27, 1998; 64 FR 28652-28663, May 26, 1999; 64 FR 37582, July 12, 1999; 67 FR 40460, 40472, June 12, 2002; 67 FR 53505, Aug. 16, 2002. 73 FR 4369. Jan. 24. 2008.

### 3745-14-01 35

(aa) 40 CFR Part 75, Appendix E; "Optional NOX Emissions Estimation Protocol for Gas-Fired Peaking Units and Oil-FiredPeaking Units;" 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26551-26553, May 17, 1995; 64 FR 28665, May 26, 1999; 67 FR 40473, 40474, June 12, 2002; 67 FR53505, Aug. 16,2002,73 FR4372. Jan. 24. 2008. (bb) 40 CFR Part 75, Appendix F; "Conversion Procedures;" 58 FR 3701, Jan. 11, 

### 1993; Redesignated and amended at 60 FR 26553-26556, 26571, May 17,1995; 61 FR25585, May 22,1996; 61 FR 59166, Nov. 20, 1996; 63 FR 57513, Oct. 27, 1998; 64 FR 28666-28671, May 26, 1999; 64 FR37582, July 12, 1999; 67 FR40474, 40475, June 12,2002; 67 FR53505, Aug. 16,2002.70 FR28695, May 18, 2005: 73 FR4372. Jan. 24. 2008. (cc) 40 CFR Part 75, Subpart D; "Missing Data Substitution Procedures;" as publishedintheJuly 1, '2OO't2.Q.Q.8. 

### Code ofFederalRegulations. (dd) 40 CFR Part 75, Subpart E; "Alternative Monitoring Systems;" as publishedintheJuly I, '2OO't

### 2008 Code ofFederalregulations. (ee) 40 CFRPart75, SubpartF; "RecordkeepingRequirements;" as published intheJuly I, '2OO't

### 2008 Code ofFederalRegulations. (ff) 40 CFR Part 75, Subpart G; "Reporting Requirements;" as published in the July 1, '2OO't

### 2008 Code ofFederal Regulations. (gg) 40 CFR Part 75, Subpart H; "NOX mass emissions provisions;" as publishedintheJuly I, '2OO't

### 2008 Code ofFederal Regulations. (hh) ASTM D6522-00(2005); "Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers;" approvedFebruary 10,2000,reapproved October I, 2005. (ii) Clean Air Act, as contained in 

### 42 USC 7401 to 7671q; "Air Pollution Prevention and Control; " published January 3, 2.QQ1 

### in 8t1\'lplemefltIV eftheWOO2006 editionofthe United States Code. OJ) 

### "Interstate Ozone Transport: Response to Court Decisions on the NOX SIP Call, NOX SIP Call Technical Amendments, and Section 1263745-14-01 36

Rules;" 69 FR21603 to 69 FR21648, April 21, 2004, (kk) Section 110 ofthe Clean Air Act; contained in 42 USC 7410; "State implementation plans for national primary and secondary ambient air quality standards;" published January 3, 2007 in Sl:lllflleffieat IV efthe;woo 2006 Edition ofthe United States Code, (II) Section 126 ofthe Clean Air Act; contained in 42 USC 7426; "Interstate pollution abatement;" published January 3, 2007 in Sl:lllflleffieflt fV-efthe ;WOO 2006 Edition ofthe United States Code, (mm) Section 502 ofthe Clean AirAct; contained in 42 USC 7661a; "Permit programs;" published January 3, 2007 in Sl:lllflleffieflt IV efthe ;WOO 2006 Edition ofthe United States Code, (nn) "Technical Amendment to the Finding of Significant Contribution and Rulemaking for Certain States for Purposes of Reducing Regional Transport ofOzone;" 65 FR 11222to 65 FR 11231, March 2, 2000, (00) Title IV of the Clean Air Act, contained in 42 USC 7651 to 76510; "Acid deposition control;" published January 3, 2007 in Sl:lflflleffieat

### Pi efthe ;WOO2006 Edition ofthe United States Code, (pp) Title V of the Clean Air Act, contained in 42 USC 7661 to 7661f; "Permits;" published January 3, 2007 in Sl:lllflleffieflt IV efthe ;WOO2006 Edition ofthe United States Code, (qq) USEPA Method I; contained in 40 CFR Part 60, Appendix A; "Sample andvelocity traverses for stationary sources;" as publishedin the July I, 

### WG'7 2008 Code ofFederalRegulations, (rr) USEPA Method 2; contained in 40 CFR Part 60, Appendix A; "Determination ofstack gas velocity and volumetric flow rate (Type S pitot tube);" as published in the July I, 

### WG'7 2008 Code ofFederal Regulations, (ss) USEPA Method 3; contained in 40 CFR Part 60, Appendix A; "Gas analysis for the determination ofdry molecularweight;" as published in the July I, 

### WG'7 2008 Code ofFederal Regulations, (tt) USEPA Method 4; contained in 40 CFR Part 60, Appendix A;" Determination ofmoisture content in stack gases;" as published in the3745-14-01 37

July 1, 2008 Code ofFederal Regulations. (uu) USEPA Method 7; contained in 40 CFR Part 60, Appendix A; "Determination ofnitrogen oxide emissions from stationary sources;" as publishedinthe July 1, 

### 2.Q!lli Code ofFederal Regulations. (vv) USEPA Method 7a; contained in 40 CFR Part 60, Appendix A; "Determination ofnitrogen oxide emissions from stationary sources-Ion chromatographic method;" as published in the July 1, 

### 2.Q!lli Code ofFederal Regulations. (ww) USEPA Method 7c; contained in 40 CFR Part 60, Appendix A; "Determination of nitrogen oxide emissions from stationary sources-Alkaline-permanganate/colorimetric method;" as published in the July 1, 2008 Code ofFederal Regulations. (xx) USEPA Method 7e; contained in 40 CFR Part 60, Appendix A; "Detennination ofNitrogen Oxides Emissions From Stationary Sources (Instrumental Analyzer Procedure);" as published in the July 1, 2008 Code ofFederal Regulations.3745-14-01

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification

10/08/2010 Date

PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffectiveDates: 10/18/2010 07/19/2013

119.03 3704.03(E) 3704.03(A), 3704.03(D), 3704.03(E) 

### 5/25/04,517105,7/19/08 38

## ACTION: Final 

# I DATE: 10/08/2010 8:07AM 

# I

3745-14-06 The NOx allowance tracking system.



### [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 "Incorporation by Reference" section at the end ofrule 3745-14-01 ofthe Administrative Code.] (A) NOx allowance tracking systemaccounts. (1) Consistent with paragraph (B)(l) ofthis rule, the administrator shall establish one compliance account for eachNOxbudgetunit and one overdraft account for each source with two or more NOx budget units. Allocations ofNOx allowances pursuant to rule 3745-14-05 or 3745-14-09 ofthe Administrative Code and deductions or transfers ofNOx allowances pursuant to paragraphs (E) and (G) of this rule, paragraph (B) of rule 3745-14-04, and rules 3745-14-07 and 3745-14-09 ofthe Administrative Code shall be recorded in the compliance accounts oroverdraftaccounts in accordance withthis rule. (2) Consistent with paragraph (B)(2) ofthis rule, the administrator shall establish, upon request, a general account for any person. Transfers of allowances pursuant to rule 3745-14-07 ofthe Administrative Code shall be recorded in the general accountin accordance withthis rule. (B) Establishmentofaccounts. (I) 

### Upon receipt of a complete account certificate of representation, the administratorshall establish: (a) A compliance account for each NOx budget unit for which the account certificateofrepresentation was submitted; and (b) An overdraft account for each source for which the account certificate of representation was submitted and that has two or more NOx budget units. (2) General accounts. (a) Any person may apply to open a general account for the purpose of holding and transferring allowances. An application for a general account may designate one and only one NOx authorized account representative and one and only one alternate NOx authorized account representative who may act on behalfofthe NOx authorized account representative. The agreement by which the alternate NOx authorized account representative is selected shall include a procedure for

po; 1'(1'3745-14-06 2 

### authorizing the alternate NOx authorized account representative to act in lieu of the NOx authorized account representative. A complete application for a general account shallbe submittedto the administrator and shall include the following elements in a format prescribed by the administrator:

. (i) Name, mailing address, e-mail address (ifany), telephone number, andfacsimile transmissionnumber (ifany) ofthe NOx authorized accountrepresentative and any alternate NOx authorized account representative; (ii) At the option of the NOx authorized account representative, organizationname andtype oforganization; (iii) A list ofall persons subject to a binding agreement for the NOx authorized account representative or any alternate NOx authorized account representative to represent their ownership interestwithrespectto the allowances heldinthe general account; (iv) The following certification statement by the NOx authorized accountrepresentative and any alternate NOx authorized account representative: "I certify that I was selected as the NOx authorized account representative or the NOx alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to NOx allowances heldinthe general account. IcertifythatIhave all the necessary authority to carry out my duties and responsibilities underthe NOx budgettrading program onbehalfofsuchpersons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Administrator or a court regarding the general account." (v) The signature ofthe NOx authorized accountrepresentative and any alternate NOx authorized account representative and the dates signed. Unless otherwise required by the director or the administrator, documents ofagreement referred to in the account certificate of representation shall not be submitted to the director or the administrator. Neither the director nor the administrator shall be underany obligationto review orevaluatethe sufficiency ofsuch3745-14-06 3

documents, ifsubmitted. (b) Upon receiptby the administrator ofa complete application for a general accountunderparagraph (B)(2)(a) ofthis rule: (i) The administrator shall establish a general account for the person or persons for whomthe applicationis submitted. (ii) The NOx authorized account representative and any alternate NOx authorized account representative for the general account shall represent and, by his orher representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to NOx allowances held in the general account in all matters pertaining to the NOx budget trading program, notwithstanding any agreement between the NOx authorized account representative or any alternate NOx authorized account representative and such person. Any such person shall be boundby any orderor decision issued to the NOx authorized account representative or any alternate NOx authorized account representative by the administrator or a court regardingthe general account. (iii) Any representation, action, inaction or submission by an alternate NOx authorized account representative shall be deemed to be a representation, action, inaction or submission by the NOx authorized accountrepresentative. (iv) Each submission concerning the general account shall be submitted, signed, and certified by the NOx authorized account representative or any alternate NOx authorized account representative for the persons having an ownership interest with respectto NOx allowances held in the general account. Each such submission shall include the following certification statement by the NOx authorized account representative or any alternate NOx authorizedaccountrepresentative: "I am authorized to make this submission onbehalfofthepersons having an ownership interest with respect to the NOx allowances held in the general account. I certify under penalty oflaw that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that3745-14-06 4



### the statements and information are to the best ofmy knowledge and belieftrue, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including thepossibility offine orimprisonment." (v) The administrator shall acceptoracton asubmission concerningthe general account only ifthe submission has been made, signed, and certified in accordance with paragraph (B)(2)(b)(iv) ofthis rule. (c) Change of NOx authorized account representative or alternate NOx authorized accountrepresentative. (i) The NOx authorized account representative for a general account maybechanged atany timeuponreceiptbythe administratorofa superseding complete application for a general account under paragraph (B)(2)(b) of this rule. Notwithstanding any such change, allrepresentations, actions, inactions, and submissions by the previous NOx authorized account representative prior to the time and date when the administrator receives the superseding application for a general account shall be binding on the new NOx authorized account representative and the persons with an ownership interest with respect to the allowances in the general account. (ii) The alternate NOx authorized account representative for a general account may be changed at any time upon receipt by the administrator ofa superseding complete application for a general account under paragraph (B)(2)(b) ofthis rule. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate NOx authorized account reprcsentative prior to the time and date when the administrator receives the superseding application for ageneral account shallbe binding on the new alternate NOx authorized account representative and the persons with an ownership interest with respectto the allowances inthe general account. (d) Change inowners. (i) Inthe event anew person having an ownership interest withrespect to NOx allowances in the general account is not included in the list of such persons in the account certificate ofrepresentation, such new person shall be deemed to be subject to and bound by3745-14-06 5



### the account certificate of representation, the representation, actions, inactions, and submissions of the NOx authorized account representative and any alternate NOx authorized account representative of the source or unit, and the decisions, orders, actions, and inactions ofthe administrator, as ifthe new person were includedin such list. (ii) Within thirty days following any change in the persons having an ownership interest with respectto NOx allowances in the general account, including the addition ofpersons, the NOx authorized account representative or any alternate NOx authorized account representative shall submit a revision to the application for a general accountamending the listofpersons having an ownership interestwithrespectto theNOx allowances inthe general account to includethe change. (e) Administrator's reliance on general accountapplication. (i) Once a complete application for a general account has been submitted and received, the administrator shall rely on the application unless and until a superseding complete application for ageneral accountis receivedbythe administrator. (ii) Except as provided inparagraph (B)(2)(d) ofthis rule, no objection or other communication submitted to the administrator concerning the authorization, or any representation, action, inaction, or submission of the NOx authorized account representative or any alternate NOx authorized account representative for a general account shall affect any representation, action, inaction, or submission of the NOx authorized account representative or any alternate NOx authorized account representative or the finality ofany decision or order by the administrator under the NOx budget trading program. (iii) The administrator shall not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the NOx authorized account representative or any alternate NOx authorized account representative for a general account, including private legal disputes concerning theproceeds ofNOx allowancetransfers. (3) The administrator shall assign a unique identifying number to each account3745-14-06

establishedunderparagraph (B)(1) or(B)(2) ofthis rule. 6

(C) NOx allowance tracking system responsibilities of the NOx authorized account representative. (1) Following the establishment ofa NOx allowance tracking system account, all submissions to the administratorpertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of NOx allowances in the account, shallbe made only by the NOx authorized account representative forthe account. (2) The administrator shall assign a unique identifYing number to each NOx authorized accountrepresentative. (D) RecordingNOx allowance allocations. (1) The administrator shall record the NOx allowances for 2004 in the NOx budget unit's compliance accounts and the allocation set-asides, as allocated under rule 3745-14-05 ofthis chapter. The administrator shall also record the NOx allowances allocated under paragraph (I)(1)(a) of rule 3745-14-09 of the Administrative Code for each NOx budget opt-in unit in its compliance account. (2) Each year, after the administrator has made all deductions from a NOx budget unit's compliance account and the overdraft account pursuant to paragraph (E) ofmle 3745-14-06 ofthe Administrative Code, the administrator shall record NOx allowances, as allocated to the unitundermle 3745-14-05 ofthe Administrative Code or paragraph (I)(1)(b) of rule 3745-14-09 of the Administrative Code, in the compliance account for the year after the last year for which allowances were previously allocated to the compliance account. Each year, the administrator shall also record NOx allowances, as allocatedunderrule 3745-14-05 ofthe Administrative Code, in the allocation set-aside forthe year afterthe lastyear for which allowances were previously allocatedto an allocation set-aside. (3) When allocating NOx allowances to and recording them in an account, the administrator shall assign each NOx allowance a unique identification number that shall include digits identifYing the year for which the NOx allowance is allocated. (E) Compliance.

### 3745-14-06 7



### (l) 

### The NOx allowances are available to be deducted for compliance with a unit's NOx budget emissions limitation for a control period in a given year only if the NOx allowances: (a) Were allocatedfor acontrolperiodin aprioryearorthe sameyear; and (b) Are held in the unit's compliance account, or the overdraft accountofthe source where the unit is located, as of the NOx allowance transfer deadline for that control period or are transferred into the compliance account or overdraft account by a NOx allowance transfer correctly submitted for recording under paragraph (A) ofrule 3745-14-07 ofthe Administrative Code by the NOx allowance transfer deadline for that controlperiod. (2) Deductions forcompliance. (a) Following the recording, in accordance with paragraph (B) of rule 3745-14-07 ofthe Administrative Code, ofNOx allowance transfers submitted for recording in the unit's compliance account or the overdraft account ofthe source where the unit is located by the NOx allowance transfer deadline for a control period, the administrator shall deductNOx allowances available underparagraph (E)(l) ofthis rule to cover the unit's NOx emissions, as determined in accordance with rule 3745-14-08 of the Administrative Code, or to account for actual utilization under paragraph (C)(5) of rule 3745-14-05 of the Administrative Code, forthe controlperiodas follows: (i) Fromthe compliance account; and (ii) Only ifno more NOx allowances available under paragraph (E)(l) ofthis rule remain in the compliance account, from the overdraft account. [In deducting allowances for units atthe source from the overdraft account, the administrator shall begin with the unit having the compliance account with the lowest NOx allowance tracking system accountnumber and end with the unit having the compliance account with the highest NOx allowance tracking system account number. Account numbers shall be sorted beginning with the leftmost character and ending with the rightmost character and the letter characters assigned values in alphabetical orderand less thanallnumeric characters.] (b) 

### The administrator shall deduct NOx allowances first under paragraph

### 3745-14-06 

### 8

(E)(2)(a)(i) ofthis rule and then under paragraph (E)(2)(a)(ii) ofthis rule: (i) Until the numberofNOx allowances deductedforthe control period equals the number of tons of NOx emissions, determined in accordance with rule 3745-14-08 of the Administrative Code, from the unitforthe controlperiod forwhich complianceis being determined, plus the number of NOx allowances required for deduction to account for actual utilization underparagraph (C)(5) ofrule 3745-14-05 of the Administrative Code for the control period; or (ii) Until no more NOx allowances available underparagraph (E)(1) of this rule remain intherespective account. (3) Identification ofNOx allowances by serial number. (a) The NOx authorized account representative for each compliance account may identifyby serial numberthe NOx allowances to be deducted from the unit's compliance account under paragraph (E)(2), (E)(4), (E)(5) or (E)(6) ofthis rule. Such identificationshall be made in the compliance certification report submitted in accordance with paragraph (A) ofrule 3745-14-04 oftheAdministrative Code. (b) The administrator shall deductNOx allowances for a control period from the compliance account, in the absence of an identification or in the case of a partial identification ofNOx allowances by serial number under paragraph (E)(3)(a) ofthis rule, or the overdraft account on a first-in-first-outaccountingbasis inthe following order: (i) Those NOx allowances that were allocated for the control period to the unit under rule 3745-14-05 or 3745-14-09 of the Administrative Code; (ii) Those NOx allowances that were allocated for the control period to any unit and transferred and recorded in the account pursuant to rule 3745-14-07 of the Administrative Code, in order of their recorded date; (iii) Those NOx allowances that were allocated for a prior control period to the unit under rule 3745-14-05 or 3745-14-09 ofthe Administrative Code; and3745-14-06 9

(iv) Those NOx allowances that were allocated for a prior control period to any unit and transferred and recorded in the account pursuant to rule 3745-14-07 ofthe Administrative Code, in order oftheirrecorded date. (4) Deductions forexcess emissions. (a) After making the deductions for compliance under paragraph (E)(2) of this rule, the administrator shall deduct from the unit's compliance accountorthe overdraft account ofthe source where the unit is located a number ofNOx allowances, allocated for a control period after the control period in which the unit has excess emissions, equal to three times the numberofthe unit's excess emissions. (b) Ifthe compliance accountor overdraft accountdoes not contain sufficient NOx allowances, the administrator shall deduct the required number of NOx allowances (i.e., three times the number of the unit's excess emissions) regardless of the control period for which they were allocatedwheneverNOx allowances are recordedin eitheraccount. (c) Any allowance deduction required under paragraph (E)(4)(a) or (E)(4)(b) ofthis rule shall not affect the liability ofthe owners and operators of the NOx budget unit for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under the Clean Air Act or applicable state law. The following guidelines shall be followed in assessing fines, penalties or other obligations: (i) For purposes ofdetermining the number ofdays ofviolation, ifa NOx budget unit has excess emissions for a control period, each day in the control period constitutes a day in violation unless the owners and operators ofthe unitdemonstrate that a lessernumber ofdays shouldbe considered; (ii) Eachton ofexcess emissions is a separate violation. (d) For a unit with excess emissions for the 2008 control period. the requirements ofparagraphs (E)(4)(a) to (E)(4)(c) ofthis rule shall apply except thatthe administrator shall deduct. from the compliance account covering the unit in the CAIR NOx ozone season trading program (in lieu ofthe accounts listed in paragraphs (E)(4)(a) and (E)(4)(b) ofthis rule). CAIR NOx ozone season allowances (in lieu ofNOx allowances

### 3745-14-06

undertheNOxbudgettrading program). 10

(5) In 

### the case ofunits sharing a common stack and having emissions that are not separately monitored or apportioned in accordance with rule 3745-14-08 of the Administrative Code: (a) The NOx authorized account representative ofthe units may identify the percentage ofNOx allowances to be deducted from each such unit's compliance accountto coverthe unit's share ofNOx emissions fromthe common stack for acontrolperiod. Such identification shallbe made in the compliance certification report submitted in accordance with paragraph (A) ofrule 3745-14-04 oftheAdministrative Code. (b) Notwithstandingparagraph (E)(2)(b)(i) ofthis rule, the administrator shall deduct NOx allowances for each such unit until the number ofNOx allowances deducted equals the unit's identified percentage, under paragraph (E)(5)(a) of this rule, of the number of tons of NOx emissions, as determined in accordance with rule 3745-14-08 ofthe Administrative Code, from the common stackfor the controlperiod for which compliance is being determined or, ifno percentage is identified, an equal percentage for each such unit, plus the number ofallowances required for deduction to account for actual utilization underparagraph (C)(5) ofrule 3745-14-05 ofthe Administrative Code for the control period. (6) Eachyear starting in 2005, afterthe administratorhas completedthe designation ofbanked NOx allowances under paragraph (F)(1)(b) ofthis rule andbefore May first ofthe year, the administrator shall determine the extent to which banked NOx allowances otherwise available under paragraph (E)(1) ofthis rule are available for compliancein the control period for the currentyear, as follows: (a) The administrator shall determine the total number of banked NOx allowances held in compliance accounts, overdraft accounts, or general accounts. (b) Ifthe total number ofbanked NOx allowances determined to be held in compliance accounts, overdraft accounts, or general accounts is less than or equal to ten per cent ofthe sum ofthe state trading program budgets for the control period, any banked NOx allowance may be deducted for compliance in accordance withparagraphs (E)(1) to (E)(5) ofthis rule.

### 3745-14-06 II



### (c) Ifthe total number ofbanked NOx allowances determined to be held in compliance accounts, overdraft accounts, or general accounts exceeds ten per cent ofthe sum ofthe state trading program budgets for the control period, any banked allowance may be deducted for compliance in accordance with paragraphs (E)(I) to (E)(5) ofthis rule, except as follows: (i) The administrator shall determine the following ratio: 0.10 multipliedby the sumofthe state trading programbudgets forthe control period divided by the total number of banked NOx allowances determined to be held in compliance accounts, overdraftaccounts, orgeneral accounts. (ii) The administrator shall multiply the number of banked NOx allowances in each compliance account or overdraft account by the ratio determinedunderparagraph (E)(6)(c)(i) ofthis rule. The resulting product is the number ofbankedNOx allowances in the account that may be deducted for compliance in accordance with paragraphs (E)(l) to (E)(5) of this rule. Any banked NOx allowances in excess oftheresulting productmaybe deducted for compliance in accordance withparagraphs (E)(l) to (E)(5) ofthis rule, except that, if such NOx allowances are used to make a deduction under paragraphs (E)(2) to (E)(5) of this rule, two (rather than one) such NOx allowances shall authorize one ton of NOx emissions during the control period and must be deducted for each deduction of one NOx allowance required under flflfltgffi\'lh paragraphs (E)(2) to (E)(5) ofthis rule. (7) The administrator shall record in the appropriate compliance account or overdraftaccount all deductions from such an accountpursuantto paragraphs (E)(2), (E)(4), (E)(5) and (E)(6) ofthis rule. (F) Banking. (I) 

### NOx allowances shall be banked for future use or transfer in a compliance account, an overdraftaccount, orageneral account, as follows: (a) Any NOx allowance that is held in a compliance account, an overdraft account, or a general account shall remain in such account unless and until the NOx allowance is deducted or transferred pursuant to paragraphs (E) and (G) ofthis rule, paragraph (B) ofrule 3745-14-04, andrules 3745-14-07 and 3745-14-09 ofthe Administrative Code.

### 3745-14-06 12



### (b) The administrator shall designate, as a "banked" NOx allowance, any NOx allowance that remains in a compliance account, an overdraft account, or a general account after the administrator has made all deductions for a given control period from the compliance account or overdraft account pursuant to paragraph (E) of this rule (except deductions pursuant to paragraph (E)(4)(b) ofthis rule) and that were allocatedforthatcontrolperiodoracontrolperiodin aprioryear. (G) The administrator may, at his or her sole discretion and on his or her own motion, correct any error in any NOx allowance tracking system account. Within ten business days ofmaking such correction, the administrator shall notif'y the NOx authorized accountrepresentative forthe account. (H) Closing ofgeneral accounts. (1) The NOx authorized account representative ofa general account may instruct the administrator to close the account by submitting a statement requesting deletion of the account from the NOx allowance tracking system and by correctly submitting for recording, underparagraph (A) ofrule 3745-14-07 of the Administrative Code, an allowance transfer ofall NOx allowances in the accountto one ormore otherNOx allowance tracking system accounts. (2) Ifa general account shows no activity for a period ofa year ormore and does not contain any NOx allowances, the administrator shall notif'y the NOx authorized account representative for the account that the account will be closed and deletedfrom the NOx allowance tracking systemfollowing twenty business days after the notice is sent. The account shall be closed after the twenty-day period unless, before the end of the twenty-day period, the administrator receives a correctly submitted transfer ofNOx allowances into the account under paragraph (A) ofrule 3745-14-07 ofthe Administrative Code or a statement submitted by the NOx authorized account representative demonstrating to the satisfaction ofthe administrator good cause as to why the account shouldnotbe closed.3745-14-06

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification

10/0812010 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 10118/2010 07/19/2013

119.03 3704.03(E) 3704.03(A), 3704.03(0), 3704.03(E) 7/18/02, 11124/03,7/19/08 13

# Article II Copy of Public Notice and Director's Findings 

# &Orders

### Oi·"O 

### BEFORE THE /, c.,P.di. 

# orT ,,'" -,Q ?

. .;, if)' I. ".c'" V 

### L/}lll 

### OHIO ENVIRONMENTAL PROTECTION AG'E:lIIG't,i,.,- " -L.-i (" "" 1\ .j**j"~** ,,. 

### ,**vW~I~~1**



### In the Matter of: ""'." 

### The Adoption of amended Rules 3745·14·01 and 3745·14·06 ofthe Administrative Code Director's Final Findings and Orders

I celiify this to be atrue and accurate copy ofthe ofi1ciai documents as filed in the records ofthe Ohio Environmental Protection Agency.



### FINDINGS AND ORDERS

The Director of Environmental Protection, having considered in compliance with the Administrative ProcedureActthe 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 Act was given, that a public hearing was held on December 1, 2009, in Columbus, Ohio, and that all interested personswere afforded the opportunityto be heard; and 2. That upon due consideration, the adoption, in final form, ofthe proposed amended rules of the Ohio Administrative Code cited above, is reasonable and lawful and within the purview of authority provided by law. It is therefore ORDERED that amended rules 3745-14-01 and 3745-14-06 ofthe Ohio Administrative Code be adopted in final form. It is further 

## OCT 182010 ORDERED that the effective date of said amended rules shall be -----"----

1

### It is further ORDERED thatcopies ofthese Findings and Orders and certified copies ofsaid amended rules, in final form, shall be filed with the Secretary of State, the Joint Committee on Agency Rule Review, the Legislative Services Commission, and the Department of Development's Office of Small and Developing Business, as required by law. APPEAL RIGHTS Notice is hereby given that this action 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 mustbe accompanied by afiling 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 Director within three (3) days offiling with the Commission. Ohio EPA requests that a copy ofthe appeal be served upon the Ohio Attomey General's Office, Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address: Environmental Review Appeals Commission 309 South Fourth Street, Room 222 Columbus,OH 43215

Chris Korleski, Director Ohio Environmental Protection Agency

Issued at Columbus, Ohio this 

# 'if

# 13. day of 

# Oe.. -/;6)

# b.e.c

2 

## ,1..4>/D

# IDATE: 10/08110 11:29AM

# I

State of Ohio Environmental Protection Agency Notice ofAdoption of Rules Notice is hereby given thatthe DirectorofEnvironmental Protection, underthe authorityof Ohio Revised Code Section 3704.03 has adopted amended rules 3745-14-01 and 3745-14- 06 (NOx SIP call) ofthe Ohio Administrative Code (OAC). The primary purpose ofthis rulemaking istoamend rule language consisting ofthe addition ofnew language in paragraph (C)(2)(a) ofOAC rule 3745-14-01 and paragraph (E)(4)(d) of OAC rule 3745-14-06. The change in the applicabilityexemption section ofOAC rule 3745- 14-01, was made to facilitate the transition ofaffected units from the NOx SIP call into the Clean Air Interstate Rule (CAIR) program (OAC Chapter 3745-109) and to begin the process of'sunsetting" the parts ofOAC Chapter3745-14which will no longerbe needed. New paragraph (E)(4)(d) in OAC rule 3745-14-06wasalso added to deal with thistransition concerning any possible excess emissions in the 2008 compliance accounts. 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 August 11, 2009, these rules went out for a 30 day review by interested parties. Pursuant to Section 119.03 of the Ohio Revised Code, a pUblic hearing on these rule changes was conducted on December 1, 2009 in Columbus, Ohio. There was one comment received during the comment period and as a resultOhio EPAadded ashort"clarification sentence" to the proposed language in OAC rule 3745-14-01. The addition ofthis sentence did not change the substance or intent of the language. The Director's order of adoption was issued on October 8, 2010. The effective date ofthese rules is October 18, 2010. To request a copyofthese rUles, obtain further information, or inspector request copies of agency files and records pertaining to the proceeding contact Lee Burkleca, Ohio EPA, Division ofAir Pollution Control, Lazarus Government Center, PO Box 1049, Columbus, Ohio 43216-1049 orcall Lee at614-728-1344. The rules are available on the Web pagefor electronic downloading. The URL is: http://epa.ohio.gov/dapc/regs/regs.aspx. 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 mustbe filed with ERACwithin 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 a copyofthe appeal be served upon the Environmental EnforcementSection ofthe Ohio Attorney General's Office.

# Article III Evidence Ohio EPA Followed Rule Adoption Procedures

### Evidence Ohio EPA Followed Rule Adoption Procedures Ohio Revised Code (ORC) 119.03, Proceduresforadoption, amendment, orrescission of rules; finding that fiscal analysis is incomplete or inaccurate, outlines the requirements Ohio EPA must follow during the rule-making process. A copy of ORC 119.03 can be provided upon request. Ohio EPAfullycomplied with the requirements ofthis lawand has provided evidence on the major requirements below: 1. ORC 119.03(A): Reasonable public notice shall be given in the register of Ohio at least 30 days priorto the date set for a hearing. Ohio's electronic rule filing system automatically posts public notices in the Ohio Register when rules are proposed. A copy of the Public Hearing notice can be provided upon request. The Public Hearing noticewas placed in the Ohio Register on October 22, 2009. Ohio EPA held a public hearing on December 1, 2009 in Columbus, Ohio. This hearing was held 30 days afterthe notice was placed in the register. The ORC 119.03 requirements for pUblic notice contents were met as evidenced bycomparing the public notice and ORC 119.03 (A)(1 )-(4). In addition to the Register of Ohio, Ohio EPA also placed an advertisement in the major newspapers throughoutthe state. Copies can be provided upon request. 2. ORC 119.03(B): The required materials must befiled with the secretaryofstateand the director ofthe legislative service commission (LSC). Ohio's electronicfiling system automaticallygenerates a letterwhen all the required elements have been uploaded on the system and the PClckage is proposed. This letter is included (Attachment A). Ohio EPA also complied with all requirements for incorporated materials. In addition, the answersto questions eightand nine ofeach ofthe Rule Summaryand Fiscal Analysis (RSFA) documents are provided (Attachment B). 3. ORC 119.03(C): Conduct public hearings as advertised. Ohio EPA conducted the public hearing on December 1, 2009 as identified in the Public Hearing notice. A copy of the hearings transcript may be provided upon request. 4. ORC 119.03(0): After the period of time when legislative review and invalidation may occurexpires, the agency may issue an orderadopting the rule. The Joint Committee on Agency Rule Review (JCARR) oversees agency rule making in Ohio. A hearing was held with JCARR on September 13, 2010 where these rules were placed on the consent agenda as item 33 (Attachment C). No testimony, questions or invalidation of the rules occurred during this hearing. JCARR jurisdiction expired on September 23,2010 as evidenced by the JCARR

### consent agenda. Ohio EPA issued the orderto adopt the rules on October 8,2010 as evidenced by the Director's Findings 

### &Orders and the Public Notice (both contained in Article 2). The Secretary ofthe State and Director ofthe LSC once again received a letter of notice (Attachment D).

5. ORC 119.03(E): Provide notice to public priorto effective date of rules. Ohio EPA provided an update of the adoption ofthe rules through the Ohio EPA website and through an e-mail notice to all interested parties on October8,2010. A copy ofthese notifications can be provided upon request. ORC 121.39, Provisions applicable to proposed legislation or administrative rules concerning environmental protection, imposes further requirements for interested party review specific to environmental rule adoption. Ohio EPA fully complied with the requirements ofthis law and has provided evidence on the major requirements below: 1. ORC 121.39(B): Legislation dealing with the environment must be accompanied by a statement identifying if it is necessary to comply with a federal requirement. It must also include information on the estimated cost of compliance. The RSFA and Environmental RuleAdoption/Amendment Form (ERAF) documents are automatically generated questions that are part of the States electronic rule filing system (Attachment B). The questions are intended to address the items in ORC 121.39. As evidenced in Question 6 ofthe RSFA documents and item (C) of the ERAF for the rule, Ohio EPA stated the adoption of this rule, or a version as stringent as, is required by U.S. EPA. The RSFA documents also contain a section entitled Fiscal Analysis which addresses potential costs. Our responses met the requirements ofthis lawas evidenced in the consent byJCARR who reviews these documents. 2. ORC 121.39(D): Priorto adopting any environmental rule, the agency must consult with interested parties, considerall documentation relevant to the need forthe rule making, identify any need to adopt in order to maintain approval to administer a federal environmental law, and it must include an RSFA. On August 11,2009, Ohio EPA notified interested parties via e-mail ofthe draft rule language. A copy ofthe notification may be provided upon request. We provided a 30 day comment period closing September 11, 2009. The interested parties list included Ohio EPA, DAPC's general rule making list. A copy of the e-mail and interested party list will be provided upon request. As evidenced in item (C) ofthe ERAF for each rule, Ohio EPA stated the adoption of this rule is required in order to maintain approval to administer a federal environmental law.

### As evidenced in item (A) of the ERAF for each rule, Ohio EPA identified that it considered all documentation relevantto the need forthe rule making and identified those documents in list form.

# Article 

# III Attachment A Letterto Secretary of State and Director of LSC

# RuleFili

The Honorable Jennifer Brunner secretary ofState 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77 South High St., 9th Floor Columbus.OH 43215 William L. Hills, Executive Director JointCommittee on Agency Rule Review

77 South High St.. Concourse Level Columbus.OH 43215 Lisa PattMMcDaniel, Director Departmentof Development n South High St.. 27th Floor Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuantto section 119.03 of the Ohio Revised Code. Package Number: File Date and Time: Confirmation Number: 

## ORIGINAL FILE 56477 10/22/200901:08 PM 5a3854b1d41 c49bfb8f6ff5adadOca40

FYR? JE Date Rule Number 3745-14-01 3745-14-06 Type Amendment N Amendment N 12/26/2009 12/26/2009 Eft Date Next FYR Tagline Definitions and general provisions. The NOx allowance tracking system.

Page 1

# Article III Attachment B RSFAs

## ACTION: Final 

# I DATE: 10/08/20108:07

## AM 

# I

Rule Summary and Fiscal Analysis (Part A) 

### Ohio Environmental Protection Agency Agency Name 

### DivisionofAirPollution Control <DAPC) Division 

### 50 WestTown Street. Suite700 PO Box 1049 Columbus OR 43216-1049 Agency Mailing Address (Plus Zip) 

### Lee Burkleca Contact

### 614-644-2270 Phone 

### 614-644-3681 Fax



## 3745-14-01 Rule Number Rule Title/Tag Line 

# AMENDMENT TYPE of rule filing 

### Definitions and generalprovisions.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? No

2. Are you proposing this rule as a result of recent legislation? No

3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agencyto adopt the rule: 

### 3704.03(E)

5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(D), 3704.03(E)

6. State the reason(s) for proposing (i.e., why are you filing,) this rule: Amendments (new language) were needed inthis rule as perUS EPA's recommendations toprovide affectedunits transition from Ohio's NOx Budget trading programinto Ohio's CArRtradingprogrambeginning in 2009.

7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:

PM

# · Page 2 Rule Number: 3745-14-01

Newparagraph (C)(2)(a) was addedto rule 3745-14-01 oftheAdministrative Code.

8. Ifthe rule incorporates atext or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules and statutes are generallyavailable to the public through libraries andon-line sources, including the Ohio EPAwebsite, ORC 121.76 (A) exempts suchreferences from theprovisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA andU.S. EPA websites. CFRreferences have alsobeen dated to referencethe specific versionoftherules. ORC 121.75 (D) exempts suchreferences from therequirements ofORC 121.71 through 121.74. This rule also contains references to the Clean AirAct(CAA). Copies oftheAct are generally available through libraries, Ohio EPA andGovernmentPrinting Office's websites. CAAreferences have also been dated to reference the specific version oftherules. ORC 121.75 (D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. The rule also contains references to analytical testmethods usedto determine parameters formaterials subjectto this rule orothermaterials utilizedbyregulators and impactedparties to determine or achieve compliance withtheserules. These testmethods andmaterials are commonlyknown andutilizedby laboratories performing this type ofanalytical work. Copies ofthese testmethods are available in libraries andthe website for (ASTM, ANSI, NFPA, NACE, etc.). Referencedmaterials are cited, dated and availabilitynoted in the lastparagraph of thisrule.

9. Ifthe rule incorporates a text orother material by reference, and it was infeasible for the agencyto file the text orother material electronically, provide an explanation ofwhy filing the text orother material electronicallywas infeasible: "Notapplicable".

10. Ifthe rule is being rescinded and incorporates a text or other material byPage 3 Rule Number: 3745-14-01 reference, and itwas infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.

11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: A minorlanguage change for clarification was made inthebeginning ofparagraph (C)(2)(a) as the result ofa commentreceived during the public commentperiod from the affectedparties.

12. 119.032 Rule Review Date: 7/19/2013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount bywhich thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impacton'revenues orexpenditures. 0.00 "Notapplicable."

14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: "Notapplicable".

15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:Page 4 Rule Number: 3745-14-01

There is no costfor compliance associatedwith this rule as itcontains definitions andinformation on the applicabilityofthe rules to affectedunits.

16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmentalrule Adoption/AmendmentForm in orderto comply withAm. Sub. 106 ofthe 121stGeneral Assembly.

## ACTION: Final

Page E-1 

# I DATE: 10/08/20108:07

## AM 

# I

Rule Number: 3745-14-01

Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whetherthe proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringentthan its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted ? Yes Please list each contact. On August 11, 2009 a draft ofthis rule was submittedto interestedparties for a thirtyday review and commentperiod. A listofinterestedparties canbe provided onrequest. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) Ohio EPA used internal review anddiscussion in concertwith US EPA Region 5 and US EPA CleanMarkets Division in the developmentofthe amendments for this rule.**{SIY""'!U!~I:** ,."lwnv;rrm",cl1lal,I!.I'1 :l.I5, authod"$; (<Jot: Ni2,01 iday1J, l003. (d,': J. p: 56477, pa: J 2ISI<;, ra: 2.5287l. 11: prilltdMC: IJilOi201 0 01 :25 PMPage E-2 Rule Number: 3745-14-01

(C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No



### (0) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

## ACTION: Final 

# I DATE: 10108/2010 

## 8:07 AM 

# I

Rule Summary and Fiscal Analysis (Part A) 

### OhioEnvironmentalProtection Agency Agency Name 

### Division ofAirPollution Control WAPC) Division 

### 50WestTown Street. Suite700PO Box 1049 Columbus OH43216-1049 Agency Mailing Address (Plus Zip) 

### LeeBtirkleca Contact

### 614-644-2270 Phone 

### 614-644-3681 Fax



## 3745-14-06 Rule Number Rule Title/Tag Line 

# AMENDMENT TYPE of rule filing 

### TheNOx allowance tracking system.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### No

2. Are you proposing this rule as a result of recent legislation? No

3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(E)

5. Statute(s) the rUle, as filed, amplifies or implements: 

### 3704.03(A),3704.03(D), 3704.03(E)

6. State the reason(s) for proposing (I.e., why are you filing,) this rule: Amendments were needed in this ruleperUS EPA's recommendations to cover affectedunits transition from Ohio's NOxbudgettrading programinto Ohio's CAIR programbeginning in 2009.

7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:

### Page 2 Rule Number: 3745-14-06

New paragraph (E)(4)(d) in OAC rule 3745-14-06was addedto deal withthe transitionfrom theNOxbudgetprograminto Ohio's CAIR programconcerning any possible excess emissions inthe 2008 compliance accounts.

8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exemptfrom compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orothermaterial is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation ofhow the text orothermaterial is generally available to those persons: . Thisrule contains references tothe Ohio Administrative Code (OAC). While copies oftheserules and statutes are generally available to thepublic through libraries and on-line sources, including the Ohio EPAwebsite, ORC 121.76 (A) exempts suchreferences from theprovisions ofORC 121.71 through 121.75. This rule also contains references to the CleanAirAct (CAA). Copies oftheAct are generally availablethroughlibraries, Ohio EPA and GovernmentPrinting Office's websites. CAAreferences have alsobeendatedto reference the specific version ofthe mles. ORC 121.75 (D) exempts suchreferences fromthe requirements ofORC 121.71 through 121.74. Referencedmaterials are cited, dated and availability notedinparagraph (G) ofrule 3745-14-01 ofthe Administrative Code.

9. Ifthe rule incorporates a text orother material by reference, and itwas infeasibleforthe agency to file the text orother material electronically, provide an explanation ofwhy filing the textorother material electronically was infeasible: "Notapplicable".

10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and itwas infeasible for the agency to file the text orothermaterial, provide an explanation ofwhy filing the textorother material was infeasible: 

### NotApplicable.

11. Ifrevising orrefiling this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: Therulewas originallyTBR'edto keep itonthe samejurisdictionaltimeframe as the rest ofthispackage. While therule was TBR'ed, however, Ohio EPAtookthePage 3 Rule Number: 3745-14-06

opportunityto correct several minorLSC formatting issues including the removal ofexcess spaces inthe textand correcting the word "paragraphs" in paragraph 

### (E)(6)(

### c)(ii).

12. 119.032 Rule Review Date: 7/19/2013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYS/S 13. Estimate the total amount by which thisproposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This willhave no impactonrevenues orexpenditures. 0.00 "Notapplicable".

14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: "Notapplicable".

15. Provide a summary ofthe estimated cost ofcompliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no costfor compliance forthis rule as its costs to affectedpersons have beentransferred into Ohio's CAIRprogramequivalentrule beginning in2009.

16. Does this rule have afiscal effect on school districts, counties, townships, or municipal corporations? NoPage 4 Rule Number: 3745-14-06

17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes Youmustcomplete the Environmentalrule Adoption!AmendmentFormin orderto comply with Am. Sub. 106 ofthe 121stGeneral Assembly.

## ACTION: Final

Page E-1 

# I DATE: 10/08/20108:07

## AM 

# I

Rule Number: 3745-14-06



### Environmental Rule Adoption/Amendment Form Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly. prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall: (1) Consult with organizations that represent political subdivisions. environmental interests. business interests. and other persons affected by the proposed rule or amendment. (2) Consider documentation relevant to the need for, the environmental benefits or consequences of. other benefits of, and the technological feasibility of the proposed rule or rule amendment. (3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whetherthe proposed rule or rule amendment is more stringentthan its federal counterpart. and, if the proposed rule or rule amendment is more stringent. the rationale for not incorporating its federal counterpart. (4) Include with the proposed rule or rule amendment and rule summary and fiscal

. analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests. business interests, and other persons affected by the proposed rule or amendment consulted? Yes Please list each contact. On August 11, 2009 a draft ofthis rule was submittedto interestedparties for a thirty dayreview and commentperiod. A listofinterestedparties canbe provided onrequest. (B) Was documentation that is relevant to the need for. the environmental benefits or consequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? Yes Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) Ohio EPA used internal review anddiscussion in concertwith US EPA Region 5 andUS EPA CleanMarkets Division inthe developmentofthe amendments for this rule.

[sty!e.l'h('('/: rllb,mv;m"melilal,,fsl2./5. (HllhorinKloo!

.. ;4; 2.f1! M(I)'21, 2003. (d,': 3. p: 56477. prJ: /2/1119. ra; 252870. d: prinl dale: IlflO/}OI 0 01 :26 PMPage E-2 Rule Number: 3745-14-06

(C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No

. (D) Ifthis is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No NotApplicable

# Article III Attachment C JCARR AgendaJOINT COMMITTEE ON AGENCYRULE REVIEW Agenda

- 9/13/2010

- 1:30P.M. Senate Finance Hearing Room (Finan Hearing Room)



### FINALAGENDA FINALAGENDA



## Consent 1 Department ofAging' Total Rules: 1 Original Filing Date: 6/15/2010 Date of Reflled Filing: 8/18/2010 Jurisdiction Ends: 9/1712010 Rule Type Action FYR? Rule Number Rule Title New Rule Refiled Filing No 173-39-02.20 Enhanced community living service. 2 Department ofAging • Public Hearing: 9/2/2010

Total Rules: 2 Original Filing Date: 6/15/2010 Date of Reflled Filing: 8/19/2010 Jurisdiction Ends: 9/18/2010 Public Hearing: 9/2/2010 Rule Type Action EYB1 Rule Number Rule Title Rescission Refiled Filing Yes 173-39-02.6 Emergency response system service. New Rule Refiled Filing No 173-39-02.6 Emergency response service. 3 Department ofAcina • Total Rules: 2 Original Filing Date: 6/15/2010 Date of Refiled Filing: 8/27/2010 Jurisdiction Ends: 9/26/2010 Public Hearing: 9/212010 Rule Type Action EYB1 Rule Number Rule Title Rescission Refiled Filing Yes 173-39-02.14 Home-delivered meal service. New Rule Refiled Filing No 173-39-02.14 Home-delivered meal service. 4 Department ofAlcohol and Drug Addiction Services' Credentialing Standards Total Rules: 5 Original Filing Date: 7/23/2010 Jurisdiction Ends: 9/26/2010 Public Hearing: 8/30/2010 Rule Type Action EYB1 Rule Number Rule Title Rescission Original Filing Yes 3793:3-1-01 Credentialing ofchemical dependency counselors. Rescission Original Filing Yes 3793:3-1-02 Certification/credentialing fees. Rescission Original Filing Yes 3793:3-1-03 Chemical dependency counselorcode ofethics. Rescission Original Filing Yes 3793:3-1-04 Code ofethics for certified prevention professionals and applicants. Rescission Original Filing Yes 3793:3-1-05 Certification of prevention specialists. 5 Department ofAlcohol and Drug Addiction Services' Departmental Administration

JCARR 77 South High Street· Concourse Level· Columbus, Ohio43215· (614)**466~4086·** wwwJcarr.state.oh.us· Page 1· 9/13/2010FINALAGENDA JOINT COMMITTEE ONAGENCYRULEREVIEW 9/13/2010 -1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) FINALAGENDA

Public Hearing: 8/30/2010 Total Rules: 1 Original Filing Date: 7/23/2010 Date of Revised Filing: 8/17/2010 Jurisdiction Ends: 9/26/2010 Rule Type Action ITE1 Rule Number Rule Title Amendment Revised Filing Yes 3793:1-1-01 Public hearing notice for administrative rules. 6 Department ofAlcohol and Drug Addiction Services· Program Standards Total Rules: 1 Original Filing Date: 7/20/2010 Date of Revised Filing: 8/18/2010 Jurisdiction Ends: 9/23/2010 Public Hearing: 8/27/2010 Rule Type Action FYR? Rule Number Rule Title Amendment Revised Filing Yes 3793:2-1-08 Treatment services. 7 pepartment ofCommerce· Division of Financial Institutions: Consumer Finance Total Rules: 12 Original Filing Date: 7/19/2010 Rule Type Action FYR? Rescission Original Filing Yes Rescission Original Filing Yes New Rule Original Filing No Rescission Original Filing Yes Rescission Original Filing Yes New Rule Original Filing No Rescission Original Filing Yes New Rule Original Filing No Rescission Original Filing Yes Rescission Original Filing Yes New Rule Original Filing No Rescission Original Filing Yes Total Rules: 1 Original Filing Date: 7/19/2010 Jurisdiction Ends: 9/22/2010 Public Hearing: 8/24/2010 Rule Number Rule Title 1301 :8-5-01 Liquid assets. 1301 :8-5-02 Advertising. 1301 :8-5-02 Advertising. 1301 :8-5-03 Notifications to the superintendent. 1301 :8-5-04 Obstruction of inspection; verification; recordkeeping. 1301 :8-5-04 Obstruction of inspection; statementto pledgor; authorized fees. 1301 :8-5-06 Purchase/repurchasetransactions. 1301 :8-5-06 Purchases; listof property held forsale. 1301 :8-5-07 Purchases; listof property held forsale. 1301:8-5-08 Payments on a pawn loan. 1301:8-5-08 Continuing education. 1301 :8-5-09 Continuing education. Date of ReWed Filing: 8/27/2010 Jurisdiction Ends: 9/26/2010 Public Hearing: 8/24/2010

Date of ReWed Filing: 9/1/2010 Rule Type Action FYR? New Rule Refiled Filing No Total Rules: 2 Original Filing Date: 7/19/2010 Rule Type Action ITE1 New Rule Refiled Filing No New Rule Refiled Filing No Rule Number 1301 :8-5-07

Rule Number 1301:8-5-01 1301:8-5-03 Rule Title Payments on a pawn loan. Jurisdiction Ends: 1011/2010 Rule Title Definitions. Notifications. Public Hearing: 8/24/2010

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8 Department ofJob and Family Services· Division of Food Stamps Total Rules: 1 Original Filing Date: 5/28/2010 Date of Refiled Filing: 8/16/2010 Jurisdiction Ends: 9/15/2010 Rule Type Action EYB1 Rule Number Rule Title Amendment Refiled Filing Yes 5101:4-4-03.3 Food stamps: resources excluded by law. 9 Department ofJob and Family Services· Division of Medical Assistance Public Hearing:

Total Rules: 8 Original Filing Date: 7/27/2010 Jurisdiction Ends: 9/30/2010 Public Hearing: 8/31f2010

5101:3-3-30

5101:3-3-30.3 5101 :3-3-30.2 5101 :3-3-30

5101:3-3-30.4 5101:3-3-30.1 5101:3-3-30.2 5101:3-3-30.1 Rule Number

No

No Yes

Yes No Yes

Yes Yes EYB1

Original Filing Original Filing Original Filing

Original Filing Original Filing

Original Filing Action

Original Filing New Rule

New Rule Rescission Rescission

Amendment Original Filing Rescission Rule Type

New Rule Rescission Rule Title Beds and facilities subjectto the franchise permitfee (FPF) for nursing facilities (NFs), nursing homes (NHs), hospitals, and intermediate care facilities forthe mentally retarded/developmentally disabled (ICFs-MRlDD). Beds excluded from the franchise permitfee (FPF) for intermediate care facilities forthe mentally retarded (ICFs-MR). Calculation, billing, payment remittance, and appeal process forthe franchise permitfee (FPF) for nursing facilities (NFs), nursing homes (NHs), hospitals, and intermediate care facilities forthe mentally retarded/developmentally disabled (ICFs-MRlDD). Appeal ofthe franchise permitfee (FPF) determination. Enforcement ofthe franchise permitfee (FPF) program for nursing facilities (NFs), nursing homes (NHs), hospitals, and intermediate care facilities forthe mentally retarded/developmentally disabled (ICFs-MRlDD). Prohibition against billing residents forthe franchise permitfee (FPF). Distribution method forfranchise permitfee (FPF) proceeds from nursing facilities (NFs), nursing homes (NHs), hospitals, and intermediate care facilities forthe mentally retarded/developmentally disabled (ICFs-MRlDD). Procedure forterminating the franchise permitfee (FPF) assessmentfor nursing facilities (NFs), nursing homes (NHs), hospitals, and intermediate care facilities for the mentally retarded/developmentally disabled (ICFs-MRlDD). 10 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 4 Original Filing Date: 7/14/2010 Jurisdiction Ends: 9/17f2010 Public Hearing: 8/17f2010 Rule Type Action Amendment Original Filing Rescission Original Filing EYB1 Yes Yes Rule Number 5101:3-3-01 5101:3-3-43.1 Rule Title Definitions. Nursing facility (NF) case mix assessment instrument: minimum data setversion 2.0 (MDS 2.0).

JCARR 77 South High Street· Concourse Level- Columbus, Ohio43215· (614) 4664086" www.jcarr.state.oh.us"Page3"911312010FINALAGENDA JOINT COMMITTEE ONAGENCYRULE REVIEW 9/13/2010

- 1:30P.M. Senate Finance Hearing Room (Finan Hearing Room) FINALAGENDA

Public Hearing: 8/17/2010 5101:3-3-43.2 Resource utilization groups, version III (RUG III): the nursing facility case mix paymentsystem. 5101:3-3-43.4 Exception reviewprocess for nursing facilities (NFs). Date of Revised Filing: 7/20/2010 Jurisdiction Ends: 9/17/2010 Rescission Original Filing Yes Amendment Original Filing Yes Total Rules: 3 Original Filing Date: 7/14/2010 Rule Type Action New Rule Revised Filing New Rule Revised Filing Amendment Revised Filing 

### Ei1S1 No No Yes Rule Number 5101:3-3-43.1 5101:3-3-43.2 5101 :3-3-43.3 Rule Title Nursing facility (NF) case mix assessment instrument: minimum data set version 3.0 (MDS 3.0). Resource utilization groups, version III (RUG III): the nursing facility case mix payment system. Calculation ofquarterly, semiannual and annual nursing facility (NF) average case mix scores. 11 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 5 Original Filing Date: 7/29/2010 Jurisdiction Ends: 10/2/2010 Public Hearing: 8/31/2010

5101:3-6-11 Rule Number Yes FYR? Action Rule Type Amendment Original Filing Rule Title Coveredservices and materials not purchased underthe vision volume purchase contract. Amendment Original Filing Yes 5101:3-7-01 Eligible providers of podiatric services. Amendment Original Filing Yes 5101:3-7-02 Scope of coverage. Amendment Original Filing Yes 5101:3-7-03 Covered podiatric services and associated limitations. Amendment Original Filing Yes 5101:3-7-04 Podiatry: noncoveredservices. 12 Department ofJob and Family Services' Division of Medical Assistance Public Hearing: 8/24/2010 Jurisdiction Ends: 9/23/2010 Total Rules: 4 Original Filing Date: 7/20/2010 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 5101 :3-27-05 Amendment Original Filing Yes 5101:3-27-07 Amendment Original Filing Yes 5101 :3-30-04 Amendment Original Filing Yes 5101 :3-30-06 Rule Title Reimbursement and rate setting for community mental health medicaid services. Cost reconciliation requirements for medicaid coveredmental health services. Reimbursement and rate setting for community medicaid alcohol and otherdrug services. Cost reconciliation requirements for medicaid coveredalcohol and drug addiction treatment services. 13 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 1 Original Filing Date: 7/16/2010 Date of Revised Filing: 8/17/2010 Jurisdiction Ends: 9/19/2010 Public Hearing: 8/19/2010

JCARR 77 South High Street· Concourse Level' Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.ohus·Page4· 9/13/2010FINAL AGENDA JOINT COMMITTEE ONAGENCY RULE REVIEW 9/13/2010-1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) FINAL AGENDA

Rule Type Action Amendment Revised Filing FYR? Yes Rule Number 5101:3-9-12 Rule Title Ohio department ofjob and family services list ofdrugs covered without prior authorization.

Rule Title Medicaid: continuous eligibility for children youngerthan age nineteen. 14 Department ofJob and Family Services' Division of PublicAssistance Total Rules: 1 Original Filing Date: 7/21/2010 Rule Type Action FYR? Rule Number Amendment Original Filing No 5101:1-38-30 15 Department of Natural Resources' Division ofWildlife Jurisdiction Ends: 9/24/2010 Public Hearing:

Total Rules: 1 Original Filing Date: 7/16/2010 Jurisdiction Ends: 9/19/2010 Public Hearing: Rule Type Action Amendment Original Filing FYR? Yes Rule Number 1501:31-7-05 Rule Title Seasons and limits on rail, commonsnipe, woodcock, gallinules (common moorhens), teal, geese and mourning doves.

Public Hearing: Jurisdiction Ends: 9/29/2010 Rule Tjlle Reporting requirements for state universities and colleges; fiscal watch and governance authority procedures. 126:3-1-01 Rule Number Amendment Original Filing Yes 16 Office of Budget and Management· Higher Education Fiscal Watch Total Rules: 1 Original Filing Date: 7/26/2010 Rule Type Action FYR?

17 Ohio Air Quality DevelopmentAuthority • Total Rules: 1 Original Filing Date: 7/13/2010 Date of Revised Filing: 8/16/2010 Jurisdiction Ends: 9/16/2010 Public Hearing: 8/16/2010 Rule Type Action FYR? Amendment Revised Filing Yes 18 Ohio Air Quality DevelopmentAuthority • Rule Number 3706-1-02 Rule Title Public notice.

Rule Title Definitions. Procedures for accessing confidential personal information. Valid reasons for accessing confidential personal information. Confidentiality statutes. Restricting and logging access to confidential personal information in computerized personal information systems. Total Rules: 5 Original Filing Date: 7/14/2010 Rule Type Action FYR? Rule Number New Rule Original Filing No 3706-3-01 New Rule Original Filing No 3706-3-02 New Rule Original Filing No 3706-3-03 New Rule Original Filing No 3706-3-04 New Rule Original Filing No 3706-3-05 Jurisdiction Ends: 9/17/2010 Public Hearing: 8/16/2010

JCARR 77 South High Street- Concourse Level· Columbus, Ohio43215· (614) 466-4086· wwwJcarr.state.oh.us· Page 5.9/13/2010FINALAGENDA 

### JOINT COMMITTEE ONAGENCYRULE REVIEW 9/13/2010 

### -1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) FINALAGENDA

19 Ohio Athletic Commission'

Rule Title Definitions. Personal information systems. Procedures for accessing personal information. Valid reasons for accessing confidential personal information. Restricting and logging access to confidential personal information in computerized personal information systems. Total Rules: 5 Rule Type New Rule New Rule New Rule New Rule New Rule Original Filing Date: 7/16/2010 Action 

### EXB.7. Original Filing No Original Filing No Original Filing No Original Filing No Original Filing No Rule Number 3773-9-01 3773-9-02 3773-9-03 3773-9-04 3773-9-06 Jurisdiction Ends: 9/19/2010 Public Hearing: 8/17/2010

Original Filing Date: 7/16/2010 Total Rules: 1 Rule Type Action NewRule Revised Filing 20 Ohio Athletic Commission' FYR? No Date of Revised Filing: 8/3/2010 Jurisdiction Ends: 9/19/2010 Rule Number Rule Title 3773-9-05 Confidential information. Public Hearing: 8/17/2010

Total Rules: 1 Original Filing Date: 7/30/2010 Date of Revised Filing: 8/18/2010 Jurisdiction Ends: 10/3/2010 Public Hearing: 8/31/2010 Rule Type Action Amendment Revised Filing 21 Ohio Board of Regents' FYR? Yes Rule Number 3773-1-05 Rule Title Fees for licenses and permits.

Total Rules: 1 Original Filing Date: 7/19/2010 Jurisdiction Ends: 9/22/2010 Public Hearing: 8/25/2010

Rule Title The "Ohio Instructional Grant" program. Jurisdiction Ends: 9/29/2010 • Public Hearing: 8/26/2010 Rule Title The selective service registration rule. 3333-1-19 Rule Number FYR? Yes Rule Type Action Amendment Original Filing 22 Ohio Board of Regents' Total Rules: 1 Original Filing Date: 7/2612010 Rule Type Action 

### EXB.7. Rule Number Rescission Original Filing Yes 3333-1-09 23 Ohio Board of Regents' Original Filing Date: 7/1912010 Total Rules: 1 Rule Type Action Rescission Revised Filing 24 Ohio Board of Regents' FYR? Yes Date of Revised Filing: 7/26/2010 Jurisdiction Ends: 9/2212010 Public Hearing: 8/25/2010 Rule Number Rule Title 3333-1-17 The Ohio student choice grant program administrative rules.

JCARR 77 South High Street· Concourse Level' Columbus, Ohio43215· (614) 466-4086- www.jcarr.state.oh:us· Page 6' 9/1312010FINALAGENDA JOINT COMMITTEE ONAGENCYRULE REVIEW 9/13/2010 -1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) FINALAGENDA

Public Hearing: 8/25/2010 Public Hearing: 8/25/2010

Jurisdiction Ends: 9/24/2010 Rule Title Studentworkforce development grant program. Date of Revised Filing: 7/26/2010 Date of Revised Filing: 7/26/2010 Jurisdiction Ends: 9/24/2010 Rule Number Rule Title 3333-1-25 Ohio 12th grade proficiency tests scholarship program.

Rule Number 3333-1-26 FYR? Yes Original Filing Date: 7/21/2010 Total Rules: 1 Rule Type Action Rescission Revised Filing 25 Ohio Board of Regents • Total Rules: 1 Original Filing Date: 7/21/2010 Rule Type Action FYR? Rescission Revised Filing Yes 26 Ohio Board of Regents' Public Hearing: 8/25/2010 Jurisdiction Ends: 9/22/2010

3333-1-18 Date of Revised Filing: 7/26/2010 Rule Number Rule Title The regents graduatelprofessional fellowship program administrative rules and procedures. Original Filing Date: 7/19/2010 Action FYR? Revised Filing Yes Rescission Total Rules: 1 Rule Type

27 Ohio Board of Regents' Total Rules: 1 Original Filing Date: 7/28/2010 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 3333-1-24 Jurisdiction Ends: 10/1/2010 Public Hearing: 8130/2010 Rule Title Local administration ofcapital projects receiving overfour million dollars in state capital appropriations.

Rule Title Procedures to be followed in allocating state supportto the Ohio aerospace institute. 28 Ohio Board of Regents • Total Rules: 1 Original Filing Date: 7/20/2010 Rule Type Action FYR? Amendment Original Filing Yes Rule Number 3333-1-20 Jurisdiction Ends: 9/23/2010 Public Hearing: 8/25/2010

29 Ohio Board of Regents • Total Rules: 1 Original Filing Date: 7/19/2010 Jurisdiction Ends: 9/2212010 Public Hearing: 8/20/2010 Rule Type Action Amendment Original Filing 30 Ohio Board of Regents • FYR? Yes Rule Number 3333-1-11 Rule Title The "OhioAcademic Scholarship Program" procedures.

Total Rules: 1 Original Filing Date: 7/21/2010 Date of Revised Filing: 8/20/2010 Jurisdiction Ends: 9/24/2010 Public Hearing: 8/26/2010

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### -1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) FINAL AGENDA

Jurisdiction Ends: 9/23/2010 Public Hearing: Rule Title To approve ordisapprove the creation ofservice districts in Ohio fortwo-year campuses.

Rule Title Definition offull-time equivalent students and requirements for reporting. Definition of headcount enrollment and full-time equivalent enrollment, and requirements for highereducation data reporting. Relationship ofenrollmentdata to state funding of highereducation. Rule Type Action 

### .EYE1 Rule Number Amendment Revised Filing Yes 3333-1-27 31 Ohio Board of Regents' Total Rules: 1 Original Filing Date: 7/20/2010 Rule Tvpe Action 

### .EYE1 Rule Number Amendment Original Filing Yes 3333-1-23 32 Ohio Board of Regents' Total Rules: 3 Original Filing Date: 7/19/2010 Rule Type Action 

### .EYE1 Rule Number Rescission Original Filing Yes 3333-1-02 New Rule Original Filing No 3333-1-02 New Rule Original Fiiing No 3333-1-02.1 33 QhioEnvironmentaL!'rotection AQencJ1 • Rule Title Membership and participation in OhioLink.

Jurisdiction Ends: 9/22/2010 Public Hearing: 8/26/2010

Total Rules: 2 Original Filing Date: 10/22/2009 Date of Refiled Filing: 8/2312010 Jurisdiction Ends: 9/22/2010 Rule Type Action 

### .EYE1 Rule Number Rule Title Amendment Refiled Filing No 3745-14-01 Definitions and general provisions. Amendment Refiled Filing No 3745-14-06 The NOx allowance tracking system. 34 Ohio Public EmployMs Deferred Compensation Board' Public Hearing: 12/1/2009

Rule Title Ohio publicemployees deferred compensation program. Public notice of meetings. Total Rules: 2 Original Filing Date: 7/22/2010 Rule Type Action 

### .EYE1 Amendment Original Filing Yes Amendment Original Filing Yes 35 Ohio Tuition Trust Authoritv • Rule Number 148-1-01 148-1-02 Jurisdiction Ends: 9125/2010 Public Hearing: 8/26/2010

Rule Title Definitions. Procedures for accessing confidential personal information. Total Rules: 5 Rule Type New Rule New Rule Original Filing Date: 7/19/2010 Action EYR? Original Filing No Original Filing No Rule Number 3334-1-15 3334-1-16 Jurisdiction Ends: 9/2212010 Public Hearing: 8/23/2010

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New Rule New Rule New Rule Original Filing Original Filing Original Filing No No No 3334-1-17 3334-1-18 3334-1-19 Valid reasons foraccessing confidential personal information. Confidentiality Statutes. Restricting and logging access to confidential personal information in computerized personal information systems. 36 Rehabilitation Services Commission· Total Ruies: 2 Original Filing Date: 7/27/2010 Jurisdiction Ends: 9/30/2010 Public Hearing: 8/27/2010 Rule Type Action 

### .EYB1 Rule Number Rule Title Amendment Original Filing Yes 3304-1-02 RSC administrative rules. New Rule Original Filing No 3304-1-15 Employee access to confidential information. 37 Southern Ohio Agricultural and Community Development Foundation·

Rule Title Definitions for accessing confidential personal information. Procedures for accessing confidential personal information. Valid reasons for accessing confidential personal information. Confidentiality statutes. Restricting and logging access to confidential personal information in computerized personal information systems. Total Rules: 5 Original Filing Date: 7/19/2010 Rule Type Action 

### .EYB1 Rule Number New Rule Original Filing No 182-1-05 New Rule Original Filing No 182-1-06 New Rule Original Filing No 182-1-07 New Rule Original Filing No 182-1-08 New Rule Original Filing No 182-1-09 Jurisdiction Ends: 9/22/2010 Public Hearing: 8/20/2010

Definitions. Procedures for accessing confidential personal information. Valid reasons for accessing confidential person information. Confidentiality statutes. Restricting and logging access to confidential personal information in computerized personal information systems. 38 State Board ofSanitarian Registration· Total Rules: 5 Original Filing Date: 7/30/2010 Rule Type Action FYR? New Rule Revised Filing No New Rule Revised Filing No New Rule Revised Filing No New Rule Revised Filing No New Rule Revised Filing No 39 State Chiropractic Board • Date of Revised Filing: 8/25/2010 Rule Number Rule Title 4736-16-01 4736-16-02 4736-16-03 4736-16-04 4736-16-05 Jurisdiction Ends: 10/3/2010 Public Hearing: 9/8/2010

Total Rules: 9 Original Filing Date: 7/16/2010 Jurisdiction Ends: 9/19/2010 Public Hearing: 8/17/2010 Rule Type Action 

### .EYB1 Rule Number Rule Title

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Rescission Original Filing Yes 4734-3-01 New Rule Original Filing No 4734-3-01 Rescission Original Filing Yes 4734_3-02 New Rule Original Filing No 4734-3-02 New Rule Original Filing No 4734-3-03 New Rule Original Filing No 4734-3-04 New Rule Original Filing No 4734-3-05 Amendment Original Filing Yes 4734-6-01 Amendment Original Filing Yes 4734-7-05 40 State Dental Board' Board records and documents; personal information system. Personal information systems definitions. Public records. Procedures for accessing confidcotial personal information. Valid reasons for accessing confidential personal information. Confidentiality laws. Restricting and logging access to confidential personal information in computerized personal information systems. Application for licensure. Forfeiture ofchiropractic license; restoration of chiropractic license.

Date of Refiled Filing: 811812010 Total Rules: 1 Original Filing Date: 612812010 Rule Type Action FYR? New Rule Refiled Filing No 41 State Employment Relations Board, Rule Number 4715-19-04 Jurisdiction Ends: 911712010 Rule Title Confidential information. Public Hearing: 81412010

Total Rules: 19 Original Filing Date: 712112010 Jurisdiction Ends: 912412010 Public Hearing: 812312010 Rule Type Rescission New Rule Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Action Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing Original Filing FYR? Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Rule Number 4117-1-02 4117-1-02 4117-1-03 4117-1-04 4117-1-05 4117-1-06 4117-1-07 4117-1-09 4117-1-11 4117-1-12 4117-1-13 4117-7-04 4117-9-01 4117-9-02 Rule Title Filing and copies; service. Filing and copies; service. Computation oftime. Motions. Continuances and extensions oftime. Appearances. Intervention. Subpoenae; witness fees. Powers of individuals conducting hearings. Rights of parties at hearings; standards forthose who practice before the board. Exceptions and briefs in support. Answers to unfair labor practice complaints. Registerofneutrals. Notice to negotiate.

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Jurisdiction Ends: 9[24[2010 Public Hearing: 8[23[2010

Rule Title Authority and Purpose. Incorporation of by-laws. Definition ofcerlaln terms used in division 3770:2 ofthe Administrative Code. Video lottery licenses; application. Video lottery licenses; application review process. Video lottery licenses; issuance of license. Video lottery licenses; denial of license. Video lottery licenses; suspension or revocation. Video lottery licenses; fines. Video lottery licenses; renewal. Video lottery licenses; compensation, credits and reimbursement ofexpense. Video lottery licenses; records and audits and inspection ofvideo lottery agent premises. Video lottery licenses; settlement ofvideo lotteryticket sales, control ofvideo lotteryand collection of revenues due the lottery. Video lottery licenses

- stolen, destroyed and[orcompromised video lottery tickets orgames. Amendment Original Filing Yes 4117-9-03 Amendment Original Filing Yes 4117-9-04 Amendment Original Filing Yes 4117-9-05 Amendment Original Filing Yes 4117-9-06 Amendment Original Filing Yes 4117-9-07 42 State Employment Relations Board' Total Rules: 1 Original Filing Date: 7[21[2010 Rule Type Action FYR? Rule Number Rescission Original Filing Yes 4117-11-02 43 State Lottery Commission' Video Lottery Gaming Terminals Total Rules: 14 Original Filing Date: 7[19[2010 Rule Type Action FYR? Rule Number New Rule Original Filing No 3770:2-1-01 New Rule Original Filing No 3770:2-1-02 New Rule Original Filing No 3770:2-2-01 New Rule Original Filing No 3770:2-3-01 New Rule Original Filing No 3770:2-3-02 New Rule Original Filing No 3770:2-3-03 New Rule Original Filing No 3770:2-3-04 New Rule Original Filing No 3770:2-3-05 New Rule Original Filing No 3770:2-3-06 New Rule Original Filing No 3770:2-3-07 New Rule Original Filing No 3770:2-3-08 New Rule Original Filing No 3770:2-3-09 New Rule Original Filing No 3770:2-3-10 New Rule Original Filing No 3770:2-3-11 44 State Lottery Commission' Video Lottery Gaming Terminals Mutually agreed-upon dispute settlement procedure. Mediation. Fact-finding. Final offersettlement procedure; conciliation. Filing of collective bargaining agreement.

Rule Title Religious exemption.

Jurisdiction Ends: 9[22[2010 Public Hearing: 8[20[2010

Total Rules: 11 Original Filing Date: 7[19[2010 Jurisdiction Ends: 9[22[2010 Public Hearing: 8[20[2010

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### JOINT COMMITTEE ONAGENCYRULE REVIEW 9/13/2010

- 1:30P.M. Senate Finance Hearing Room (Finan Hearing Room) FINALAGENDA

Rule Type Action FYR? Rule Number New Rule Original Filing No 3770:2-4-01 New Rule Original Filing No 3770:2-6-01 New Rule Original Filing No 3770:2-6-02 New Rule Original Filing No 3770:2-6-03 New Rule Original Filing No 3770:2-6-04 New Rule Original Filing No 3770:2-6-05 New Rule Original Filing No 3770:2-7-01 New Rule Original Filing No 3770:2-7-02 New Rule Original Filing No 3770:2-8-01 New Rule Original Filing No 3770:2-9-01 New Rule Original Filing No 3770:2-10-60 Rule Title Key gaming employee licenses. Video lottery operations; hours of operation and numberand type of video lottery terminals. Video lottery operations; maintenance and repair of video lottery terminals. Video lottery operations; security and surveillance. Video lottery operations; transportation, relocation, installation and certification of video lotteryterminals. Video lottery operations; advertising and promotion. Video lottery game requirements; video lottery game play. Video lottery game requirements; video lottery prize payments. Responsible Gaming. Severability. Game rule numbersixty. 

## To Be Refiled 45 State Lottery Commission· Video Lottery Gaming Terminals Date ofTo Be Refiled: 911012010 Total Rules: 1 Rule Type New Rule Original Filing Date: 7/1912010 Action 

### EYB7. To Be Refiled No Rule Number 3770:2-5-01 Rule Title Technology providers. 

## Withdrawn Jurisdiction Ends: Public Hearing: 812012010

46 Department of Insurance· Total Rules: 1 Original Filing Date: 912/2010 Date ofWithdrawn Filing: 9/7/2010 Jurisdiction Ends: Public Hearing: 10/4/2010 Rule Type Action 

### EYB7. Amendment Withdrawn Filing No 47 Public Utilities Commission of Ohio· Rule Number 3901-1-57 Rule Title Transaction fees.

Date ofWithdrawn Filing: 9/10/2010 Total Rules: 1 Rule Type Original Filing Date: 7/15/2010 Action 

### EYB7. Rule Number Rule Title Jurisdiction Ends: Public Hearing:

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Amendment Withdrawn Filing Yes 48 School Employees Health Care Board' 4901-7-01 Standard filing requirements.

Total Rules: 4 Original Filing Date: 9/2/2010 Date ofWithdrawn Filing: 9/712010 Jurisdiction Ends: Public Hearing: 11/212010 Rule Type Action FYR? New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No 49 School Employees Health Care Board' Rule Number 3306-2-01 3306-2-02 3306-2-03 3306-2-04 Rule Title Wellness Program Best Practice. Disease Management Best Practice. Transparency Best Practice. Cost Containment Best Practice.

Rule Type Action FYR? New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No 50 State Employment Relations Board' Total Rules: 3 Original Filing Date: 91212010 Date ofWithdrawn Filing: 9/7/2010 Jurisdiction Ends: Rule Number Rule Title 3306-3-01 Certification ofcompliance. 3306-3-02 Filing ofannual status report. 3306-3-03 School board compliance report. Public Hearing: 1112/2010

Total Rules: 1 Original Filing Date: 7/21/2010 Date ofWithdrawn Filing: 8/31/2010 Jurisdiction Ends: Public Hearing: 8123/2010 Rule Type Action Amendment Withdrawn Filing FYR? Yes Rule Number 4117-5-10 Rule Title Post-election objections; determination ofchallenges.

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# Article III Attachment D Final Adoption Notice to LSC Director and Secretary of State

# RuleFili

The Honorable Jennifer Brunner Secretary of State 180 E. Broad St., 15th Floor Columbus,OH 43215 Mark Flanders, Director Legislative Service Commission

77 South High St., 9th Floor Columbus,OH 43215 Greg Fouche, Interim Director JointCommittee on Agency Rule Review

77 South High St., Concourse Level Columbus,OH 43215 Lisa Patt

..McDaniel. Director Departmentof Development 77 South High St., 27th Floor Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 ofthe Ohio Revised Code. Package Number: File Date and Time: Confirmation Number: 

## FINAL FILE 56477 10108/201008:07AM 5a921f448d15d3deaOe690f79256ebe8

FYR? JE Date Rule Number 3745-14-01 3745-14-06 Type Amendment N Amendment N 09/22/2010 09/22/2010 Eft Date 10/18/2010 10/18/2010 Next FYR Tagline Definitions and general provisions. The NOx allowance tracking system.

Page 1

# Article IV Hearing TranscriptsBEFORE THE OHIO ENVIRONMENTAL PROTECTION AGENCY

IN RE; Ohio Administrative Code Chapter 3745-14-01 and; 3745-14-06

Transcript of testimony taken before Mary McCarron, Hearing Officer, Ohio**Environm~ntal** Protection Agency, taken before Margaret A. Marsh, a Registered Professional Reporter and Notary Public in and for the State of Ohio, commencing at 11:14 a.m., on the 1st day of December, 2009, at the Ohio Environmental Protection Agency, 50 West Town Street, Sixth Floor, Hearing Room C, Columbus, Ohio.2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Tuesday Morning Session December 1, 2009 11:14 a.m.

HEARING OFFICER MCCARRON: My name is Mary McCarron. 1 1m Public Involvement Manager at Ohio EPA. I'll be presiding over the hearing today. Thank you for taking the time to attend. The purpose of the hearing is to obtain any comments from any interested person regarding Ohio EPA's proposed rules. Qhio EPA Division of Air Pollution Control is proposing amended rules in Ohio Administrative Code Chapter 3745-14-01 and 3745-14-06. These rUles are related to Ohio's NOx SIP call for the reduction of nitrogen oxides during the ozone season from electrical generation units and large industrial boilers. The primary purpose of these amendments is to facilitate the transition of affected units from the NOx SIP call into the Clean Air Interstate Rule Program and to begin the process of sunsetting the parts of OAe Chapter 3745-14, which will no longer be needed as a result of Ohio's CAIR Rules beginning in 2009. These rules have been filed with the Joint Committee on Agency Rule Review. Copies of the rule

are available for public review at Ohio EPA's Columbus3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 office. All interested persons are entitled to attend

or be represented and to present oral and/or written

comments concerning the proposed rules. All written and oral comments received as part of the official record will be considered by the Director of Ohio EPA. To be included in the official record, written comments must be received by Ohio EPA by the close of business today! Tuesday, December 1, 2009. All written comments submitted for the record receive the same consideration as any oral testimony given today. Written statements submitted after today will be considered as time and circumstances permit but won't be part of the official record of the hearing. At this time I am going to calIon the registered parties on our sign-in sheet. If you can state your name and spell it for the court reporter. Kate Tournoux. MS. TOURNOUX: Good morning. I'm Kate Tournoux, T-O-U-R-N-O-U-X, with Shumaker, Loop & Kendrick. I am here on behalf of the Ohio Utility Group. We had submitted written comments previously and are here today to submit additional written

comments in response to the Agency's response to4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 comments. HEARING OFFICER MCCARRON: Thank you. Ms. Tournoux was the only person who was registered at this time so we'll go off the record until 11:30. Thank you. (Recess taken.) HEARING OFFICER MCCARRON: We're going to go back on the record. I see no further requests for testimony so I am reminding everyone that written comments can be submitted by the close of business today, December 1, 2009. Thanks for attending. The time is 11:30. This hearing is adjourned.

Thereupon, at 11:30 a.m., on Tuesday, December 1, 2009, the hearing was concluded.C E R T I F I CAT E

MARGARET A. MARSH, RPR DATED this 15th day of December, 2009. If Margaret A. Marsh, Registered Professional Reporter, do hereby certify that the foregoing is a true, correct, and complete transcript of the proceedings in this matter before the Ohio Environmental Protection Agency, as reported by me in stenotype and transcribed from my stenographic notes. SS: STATE OF OHIO COUNTY OF FRANKLIN 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

# Article V Response to Comments

# QiIEP.t\ Division ofAir Pollution Control Response to Comments Proposed Rule Language Comment Period

Rule: OAC 3745-14, Ohio's NOx SIP call Agency Contactforthis Package Division Contact: Lee Burkleca, DAPC, 614-728-1344, lee.burkleca@epa.state.oh.us

Ohio EPA provided a 30 day comment period which ended on December 1,2009 and held a public hearing on December 1, 2009 regarding these rules. This document summarizes the comments and questions received at the public hearing and/or during the associated comment period. Ohio EPA reviewed and considered all comments received during the public comment period. By law, Ohio EPA has authority to consider specific issues related to protection ofthe environment and public health. In an effort to help you review this document, the questions are grouped by topic and organized in a consistent format. The name ofthe commenter follows the comment in parentheses.

General/Overall Concerns

Comment 1: The Utilities are pleased that Ohio EPA recognized that, "without a federally administered trading program, Ohio's NOx budget trading program will not be functionally operational." Ohio EPA did not respond, however, to the Utilities' concerns regarding the application ofthese rules to electric generating units (EGUs") subject to CAIR. The Utilities are concerned that Ohio EPA's rules allow Ohio to flip-flop between the NOx budget trading program and CAIR without revising its rules according to Revised Code Chapter 119. As explained in the Utilities' previous comments, such an attempt would be disastrous underthe NOx budget trading program's current regulatory language as CAIR allowances are not currently usable underthe NOx budget trading program. IfOhio EPA decides to return to the NOx budget trading program in the future without promulgating the appropriate rule revisions, the Agency will leave the regulated community without the allowancesRule Package: OAC Chapter3745-14 Response to Comments February24, 2010 necessary to comply with the program. This gap in the rule language as currently written poses a serious risk to the Utilities. Thus, the Utilities suggest Ohio EPA rescind the NOx budget trading program rules replaced by CAIR. In their previous comments, the Utilities alternatively requested Ohio EPA clarify that Ohio's NOx bUdget trading program does not apply to CAIR units. Ohio EPA's only explanation for not revising the proposed rule language is that it was "developed viajoint discussions between Ohio EPA and US EPA." This response is inadequate. Ohio Adm. Code 3745-14-01 (C)(2)(a) is confusing. Accordingly, ifOhio EPAwill not rescind the NOx budget trading program rules, then the Utilities suggest Ohio EPA insertthe following language, also recommended by U.S. EPA', as the last sentence ofOhio Adm. Code 3745-14-01(A): The provisions of OAC. Chapter3745-14 shall not apply to [EGUs subject to CAIR for] the control period' beginning in 2009 and any control period thereafter.

Katie L. Tournoux, Shumaker/Loop, forthe Ohio Utility Group Response 1: The comments submitted above are similar to those submitted bythis commenter at the end ofthe draft comment period. Ohio EPA originally indicated in the response to the draft comments that this language was not necessary and explained in detail why Ohio EPA planned to keep and propose the language presented in the draft rules. As discussed in the response to the draft rule comment, Ohio EPA's intent with this proposed language is to maintain OAC Chapter 3745-14 (NOx SIP call) as a support/back up to the temporary federal CAIR program, currently in place, until the final revisions to the temporary CAIR program, or a permanent replacement are promulgated. At that time, Ohio EPA will rescind those portions of Chapter 3745-14 dealing with both EGUs and non-EGUs that were subject to the NOx SIP call. Following a meeting and discussions with the commenter concerning their comments of December 1, 2009, DAPC and the commenter agreed that a modification of the commenter's recommended language and placing the recommended language in paragraph (C)(2)(a) of this rule,Rule Package: OAC Chapter3745-14 Response to Comments February24, 2010 instead of paragraph (A), would add the desired clarification without changing the scope or intent of the amendments. DAPC will make these changes and place the rule back into the rulemaking process.

End of Response to Comments

# aliIEPA Division ofAir Pollution Control Response to Comments Draft Rule Language Comment Period Rule: OAC 3745-14, Ohio's NOx SIP call Agency Contact forthis Package Division Contact: Lee Burkleca, Division ofAir Pollution Control, 614-728-1344, lee.burkleca@epa.state.oh.us Ohio EPA provided a 30 day com ment period which ended on September 11, 2009. This document summarizes the comments and questions received at the public hearing and/or during the associated com ment period. Ohio EPA reviewed and considered all comments received during the public comment period. By law, Ohio EPA has authorityto consider specific issues related to protection ofthe environment and public health. In an effort to help you review this document, the questions are grouped bytopi c and organized in a consistent form at. The name ofthe commenterfollows the comment in parentheses.

Comment 1: 

### In 2007, Ohio EPA promulgated CAIR, which replaced Ohio's NOx Budget Trading Program rules. Although the D.C. Circuit Court ofAppeals remanded CAIR backto U.S. EPAto correct errors, the rule remains in place until U.S. EPA promulgates a replacement. As such, the NOx Budget Trading Program rules are currently obsolete. Ohio EPA's attempt to leave the NOx BudgetTrading program rules on the books as CAIR's back-up based on "uncertainty" is unlawful and unreasonable. First, Ohio EPA cannot flip-flop between the NOx Budget Trading Program and CAIR without revising their rules according to Revised Code Chapter 119. Second, any attempt to do so is not supported by the NOx Budget Trading Program's regulatory language. For example, CAIR allowances are not currently usable underthe NOx Budget Trading Program. As such, if Ohio EPA decides to switch backto the NOx Budget Trading Program without promulgating the appropriate rule revisions, then the regulated community will be left without the allowances necessary to comply with the program. Thus,Rule Package: 3745-14 Response to Comments**September2~** 2009 Page 2 0(3 the Utilities suggest Ohio EPA revoke the NOx Budget Trading Program rules replaced by CAIR.

Response 1: If Ohio EPA does not revoke the replaced NOx Budget Trading Program rules, then it must clarify thatthe rules do not apply to CAIR units. To the extent Ohio EPA proposed Ohio Adm. Code 3745-14-01 (C)(2)(a) forthat purpose, the Utilities are concerned that the change is confusing. Accordingly, if Ohio EPAwill not revoke the NOx BUdget Trading Program rules, then the Utilities suggest Ohio EPA insertthe following language (recommended by U.S. EPA) as the last sentence ofOhio Adm. Code 3745-14-01 (A): The provisions of [insert State NOx SIP Call trading rule citation] shall not apply to the control period beginning in 2009 and any control period thereafter. (Kate Tournoux, for the Ohio Utility Group)

Ohio EPA agrees with the comrnenter that without a federally administered trading program, Ohio's NOx budget trading program will not be functionally operational. This fact is discussed in the last sentence of amended (new) paragraph (C)(2)(a) in OAC rule 3745-14-01. Ohio EPA, at this point must maintain OAC Chapter3745-14 as phase II of the NOx SIP call dealing with the requirements for affected Portland cement kilns (3745-14-11) and Stationary internal combustion engines (3745-14-12) are still in effect and independent of Ohio's CAIR program. These affected units do not trade allowances. At some point in the future after the federal revisions/replacements to the current CAlR rules are finalized, Ohio EPA will rescind/sunset those portions of Chapter 14 dealing with those units (i.e., EGUs/non-EGUs) that will now be exempt from the applicability ofthe NOx SIP call via this rulemaking and now subject to Ohio' CAIR program requirements. The commenter should note that the amended rule language was developed via joint discussions between Ohio EPA and US EPA. The proposed language resulted after US EPA review and final approval. US EPA has indicated that the rule change is necessary before a full SIP approval ofOhio's CAIR program by US EPA could be completed. Ohio EPA does not plan to add any addition language as recommended by the commenter atthis time.Rule Package:3745-14 Response to Comments September22, 2009

End of Response to Comments Page 30'3