# o • 

# I 

# IEnvironmental Protection Agency John R. Kasich, Governor MaryTaylor, Lt. Governor Scott J. Nally, Director



## FEB 23 

## 2012

Dr. Susan Hedman Acting Regional Administrator U.S. EPA Region 5 77 W. Jackson Blvd. Chicago, IL 60604**r"\~:-l** G·:r=CSGEMENTGRANCH P.8.**I..~:".** REGION 5 

### RECEIVED 

## FEB 2b2012 u._**=OFRt:I~' ~.-'**  .. ...)**·~.AT"'"**



### Re: Request for Approval of an amended Rule under Chapter 

### 3745-17 of the Ohio Administrative Code as part ofthe Ohio State Implementation Plan (SIP). 

### Dear Dr. Hedman: This letter is intended to fulfill the requirement in 40 CFR Part 51, Appendix V, Section 2.1 (a) for a formal letter of submittal from the Governor or his designee, requesting EPA approval of a SIP revision. The Ohio EPAadopted amended rule 3745-17-11 ofthe Ohio Administrative Code (OAC): "Restrictions on particulate emissions from industrial processes" on December 13, 2011, and this rule become effective December 23, 2011. This rule is related to the control of particulate emissions from industrial sources. This rule was most recently amended and became effective on February 1, 2008. The 2008 amendments were conditionally approved by US. EPA into Ohio's SIP on December 27, 2010. In order to obtain full approval of the rule into the SIP, Ohio EPA agreed to incorporate an additional language change which was documented in U.S. EPA's final Federal Register dated October 26, 2010 (75 FR 65567). This change addresses concerns raised by U.S. EPA regarding paragraph (A)(1 )(1) of this rule. Ohio EPA is requesting that U.S. EPA approve the amendment to this existing rule for incorporation into our SIP. The following documents are attached for your consideration perthe requirements of 40 CFR Part 51, Appendix V, Section 2.1:

50WestTown Street, Suite 700 P.O. Box 1049 Columbus, OH 43216-1049 614 I 6443020 614 I 6443184 (fax) www.epa.ohio.govAmended OAC Rule 3745-17-11, SIP Submittal Page 2



### Article One addresses the following two requirements: 40 CFR Part 51, 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 51, Appendix V, Section 2.1 (d) A copy ofthe actual regulation, ordocumentsubmitted forapproval and incorporation by reference into the plan, including indication ofthe changes made to the existing 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 this amended rule, in redline and strikeout, are being submitted for approval and incorporation by reference into the plan. The copies are included as evidence that the State has adopted the body of regulations in final form. This submittal includes copies of the official State regulations signed, stamped, and dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date ofthis regulation is indicated in the document itself. Please considerthatOhio has an electronic rule filing system and all certifications/signatures of regulations are done electronically. Article Two provides the following information: Copies of the public notice and Director's Findings & Orders have been included as evidence of the date of adoption as well as the effective date of the regulation and evidence that public noticewas given ofthe proposed changes consistentwith procedures approved by EPA, including the date of publication of such notice. Article Three addresses the following requirement: 40 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.Amended OAG Rule 3745-17-11, SIP Submittal Page 3



### Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) of Section 3704.03 ofthe Ohio Revised Code (ORC) to enact this rule. Copies ofthese sections of the ORC can be provided upon request. Article Four addresses the following two requirements: 40 CFR Part 51, AppendixV, 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, AppendixV, 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 Five 40 CFR Part 51, Appendix V, Section 2.1 (g) Certification that public hearings were held 

### in accordance with the information provided 

### in the public notice and the State's laws and constitution, if applicable. A copy of the transcript from the public hearing has been provided as evidence of 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 Six 40 CFR Part 51, Appendix V, Section 2.1 (h) Compilation of public comments and the State's response thereto. Copies ofthe Responseto Comments documentsforthe draft language commentperiod is attached. There were no comments received during the proposed rule comment period.Amended GAG Rule 3745-17-11, SIP Submittal Page 4



### Article Seven 40 CFR Part 51, Appendix V, Section 2.2(c) Quantification ofthe changes in plan allowable emissions from the affected sources. This rule is a part ofOhio EPA's effortto attain and maintain the various particulate matter standards. We would greatly appreciate it if U.S. EPA would expedite the review ofthis material, and approve this rule and amended OAC rule 3745-17-11 into Ohio's SIP. Please contact Bob Hodanbosi (614-644-3585) if you have any questions about this submittal. Sincerely,

# ~~y Director

xc: Bob Hodanbosi, Chief, Division ofAir Pollution Control Jennifer Dines, DAPC Tom Kalman, DAPC John Summerhays, USEPA Region 5 Attachment

# Article I Certified Copy of Rule

## ACTION: Final 

# I DATE: 12/13/2011 8:33 AM 

# I

3745-17-11 

### Restrictionsonparticnlateemissionsfrom indnstrialprocesses.

(A) Generalprovisions: (1) This rule applies to any operation, process, or activity which releases or may releaseparticulateemissions intothe ambientairexcept: (a) Theburning offuel fortheprimarypurposeofproducingheatorpowerby indirectheating in which the products ofcombustion do not come into directcontactwithprocess materials; (b) Theburning ofrefuse; (c) Theprocessing ofsalvageablematerialbyburning; (d) Theloading ofships andthe drying ofgrain atgrainelevatoroperations; (e) Salt glazing in a gas-fired periodic brick or tile kiln, for a period ofnot more than two hours during any twenty-one consecutive days of operationofsaid

### kiln; (f) 

### The generation of fugitive dust which the director has determined is subjectto rule 3745-17-08 oftheAdministrativeCode; (g) Any such operation, process, or activity which is subject to a particulate emission limitation contained in rule 3745-17-12 or 3745-17-13 ofthe AdministrativeCode; (h) Surface coating processes thatapply only dip coatings, roll coatings, flow coatings, orbrushcoatings; (i) Surface coating processes that use less than five gallons ofcoatings per day, provided the owner or operator maintains coating usage records, coating purchase records, and/or production records that clearly demonstrate the actualcoatingusageis less thanfive gallonsperday; G) 

### Surface coatingprocesses (e.g., for sealers, adhesives, anddeadeners) that employ airless spray andbead-type (extrusion) applicationmethods; (k) Surface coating processes thatemployhand-heldcup spray guns; (1) Surface coating processes for whichthe owner oroperatordemonstrates to

### 3745-17-11 2



### the satisfaction ofthe director that, due to the large size ofthe item(s) being coated, it is technically infeasible and/or economically unreasonable (interms ofcost-effectiveness) to employ anenclosure (or hooding) andcontrol device for the control ofthe particulate emissions (any such exemption approvedbythe Directormustbe approvedbythe United States environmentalprotectionagency as arevisionofthe state implementationplan); and (m) Jetenginetestcells andstands. (2) Emission restriction requirements for sources, which are not subject to the requirements ofparagraph (B)(4), (B)(5), (B)(6) or (C) ofthis rule or which arenot exemptedunderparagraph (A)(1) ofthis rule, are specifiedin "Figure II" and in "TableI" inthe appendix to this rule. "Figure II" inthe appendixto this rule relates uncontrolled mass rate ofemission (abscissa) to maximum allowable mass rate of emission (ordinate). A source complies with the requirements of "Figure II" in the appendix to this rule if its particulate emission rate, even during operation at the maximum capacity ofthe source, is always equal to or less than the allowable mass rate of emission of particulate matter (A) basedupontheuncontrolledmass rate ofemission (D). 

### "Table I" in the appendix to this rule relates process weight ofmaterials introduced into any specific process (at its maximum capacity) that may result in particulate emissions to maximum allowable mass rate ofemission. A source complies with the requirements of"Table I" in the appendix to this rule ifits rate ofparticulate emission, even during operation at the process weightrate (P) whichreflects the maximum capacity ofthe source, is always equal to or less than the allowable rate ofparticulate emission specified by the appropriate equation appearing atthebottom of"Table I" inthe appendix to this rule and incorporating the process weight rate (P) which reflects the maximumcapacityofthe source. Exceptas otherwiseindicatedinparagraphs (A)(2)(a) to (A)(2)(c) ofthis rule, the more stringent ofthe two requirements shallapply. (a) "FigureII" inthe appendixto this rule shallnotapply: (i) To any source where the uncontrolled mass rate ofemission cannot be ascertained; (ii) To any source with an uncontrolled mass rate ofemission ofless thantenpounds perhour; or (iii) To any fluid catalytic crackingunitatapetroleumrefinery.

### 3745-17-11 3

(b) "TableI" inthe appendixto this rule shallnotapply: (i) To any source where the process weightrate cannotbe ascertained; or (ii) To any source which is located within the counties specified in paragraphs (B)(2) and (B)(3) ofthis rule, except as provided in paragraph (A)(2)(c) ofthis rule. (c) "Table I" in the appendix to this rule shall apply to any fluid catalytic crackingunitatapetroleumrefinery. (3) For purposes of"Figure II" in the appendix to this rule, the total uncontrolled mass rate of emission from all similar process units at a plant, such units being united eitherphysically or operationally, or otherwise located in close proximity to each other, shall be used for detennining the maximum allowable mass rate of particulate emissions that pass through a stack or stacks from all suchunits. (4) Forpurposes of"TableI" inthe appendixto this rule, process weightperhouris the total weight ofall materials introduced into any single, specific process (atits maximumcapacity) that may cause any emission ofparticulate matter. Solid fuels charged will be considered as part of the process weight, but liquid andgaseous fuels and combustion air will not. For a cyclical orbatch operation, the process weight per hour will be derived by dividing the total process weight by the number ofhours in one complete operation from the beginning ofany givenprocess to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour will be derived by dividing the process weight for a given period of time by the number of hours in that period. For fluid catalytic cracking units at petroleum refineries, "process weight" shall mean the total weight ofrecirculated catalyst and cold catalyst introduced into the catalyst regenerator. (5) An 

### air contaminant source can be subject to both ofthe requirements ofrule 3745-17-08 ofthe Administrative Code and this rule ifit is a fugitive dust source, as defined in paragraph (B)(7) of3745-17-01 ofthe Administrative Code, and also emits, by means ofone or more stacks, particulate matterthat is subjectto alimitation(s) inrule 3745-17-08 oftheAdministrativeCode. (B) Emission limitations:

### 3745-17-11 4



### (1) Except as specifiedin paragraph (B)(4), (B)(5), (B) (6) or (C) 

### ofthis rule, any owneroroperatorofasource ofparticulate emissions whichis locatedwithin the following counties shall operate said source so that the particulate emissions do notexceedthe allowable emissionrate specifiedby "curve P-l" of "Figure II" or by "Table I" in the appendix to this rule, whichever is applicable under paragraph (A)(2) of this rule: Adams, Allen, Ashtabula, Athens, Belmont, Brown, Butler, Clark, Clermont, Clinton, Columbiana, Coshocton, Cuyahoga, Darke, Defiance, Delaware, Fairfield, Franklin, Gallia, Geauga, Greene, Hamilton, Henry, Jackson, Jefferson, Lake, Lawrence, Licking, Lorain, Lucas, Madison, Mahoning, Medina, Meigs,**Miam~** 

### Monroe, Montgomery, Morgan, Muskingum, Noble, Perry, Pickaway, Portage, Preble, Richland, Ross, Sandusky, Scioto, Seneca, Shelby, Stark, Summit, Trumbull, Union, Warren, Washington, WyandotandWood. (2) Exceptas otherwiseprovidedinparagraph(B)(4), (B)(5) or(C) 

### ofthis rule, any owner or operator of a source of emissions which is located within the following counties shall operate said source so that the particulate emissions do notexceedthe allowable emissionrate specifiedby "curve P-2" of"Figure II" 

### in the appendix to this rule: Ashland, Auglaize, Carroll, Champaign, Crawford, Fulton, Guernsey, Hancock, Hardin, Harrison, Holmes, Knox, Logan, Marion, Mercer, Morrow, Paulding, Putnam, Tuscarawas, Van Wert, Wayne andWilliams. (3) Exceptas otherwise providedinparagraph(B)(4), (B)(5) or(C) 

### ofthis rule, any owneroroperatorofa sourceofparticulate emissions whichis locatedwithin the following counties shall operate said source so that the particulate emissions do not exceedthe allowable emissionrate specifiedby "curveP-3" of"Figure II" in the appendix to this rule: Erie, Fayette, Highland, Hocking, Huron, Ottawa, PikeandVinton. (4) Any owner or operator ofa stationary gas turbine shall not cause orpermitthe particulate emissions from the turbine's exhaust to exceed 0.040 pound per millionBtuofactualheatinput. (5) Any owner or operator of a stationary internal combustion engine shall not cause orpermitthe particulate emissions from the engine's exhaustto exceed the following: (a) 0.310 pound per million Btu ofactual heat input for a stationary small internal combustionengine; and (b) 0.062 pound per million Btu ofactual heat input for a stationary large

### 3745-17-11

internal combustionengine. 5



### (6) The "LTV Steel Company" (OEPA premise number 1318001613) or any subsequentowneror operatorofthe "LTV Steel Company" facility locatedat 3100 East 45th street, Cleveland, Ohio shall not cause or permit the particulate emissions from the 84-inch hot strip mill reheat furnaces (OEPA source numbers P046 through P048) to exceed 19.8 pounds per hour per furnace. (C) 

### Requirements for surfacecoatingprocesses: (I) Any surface coating process not exemptunderparagraphs (A)(l)(h) to (A)(l)(I) of this rule shall be controlled by a dry 

### particulate filter, waterwash, or equivalentcontroldevice ordevices. (2) Any surface coatingprocess notexemptunderparagraphs (A)(I)(h) to (A)(I)(k) ofthis rule shall follow all oftheseworkpractices: (a) The owneroroperator shall maintaindocumentation ofthemanufacturer's recommendations, instructions, or operating manuals for the control devices with any modifications deemed necessary by the owner or operator during the time period in which the control devices are utilized. (b) The owner or operator shall operate the control devices in accordance with the manufacturer's recommendations, instructions, or operating manuals with any modifications deemed necessary by the owner or operator. (c) The owner or operator shall conduct periodic inspections ofthe control devices to determine whether the devices are operating in accordance with the manufacturer's recommendations, instructions, or operating manuals with any modifications deemed necessary by the owner or operator. The periodic inspections of each control device shall be performed ata frequency thatis basedupon the recommendationofthe manufacturer of the control device, and the owner or operator shall maintain a copy of the manufacturer's recommended inspection frequency. In addition to these periodic inspections, not less than once eachcalendaryearthe owneroroperatorshallconductacomprehensive inspection ofthe control device while the emissions unit is shut down and perform any needed maintenance and repair for the control device to ensure that it is able to routinely operate in accordance with the manufacturer'srecommendations.

### 3745-17-11 6

(d) The owner or operator shall document each inspection ofa control device by maintaining a record that includes the date of the inspection, a description ofeach problem identified and the date it was corrected, a description ofthe maintenance and repairs performed, and the name of thepersonwho performedtheinspection. (e) In the eventthat the control devices are not operating in accordance with the manufacturer's recommendations, instructions, oroperating manuals with any modifications deemednecessarybythe owneroroperator, the control devices shall be expeditiously repaired or otherwise returnedto operation in accordance with suchrequirements. The owner or operator shallmaintain documentation ofthose periods whenthe control devices are notoperatingin accordance with suchrequirements. (t) 

### Any documentation required under paragraphs (C)(2)(d) and (C)(2)(e) of this rule shallbemaintainedfornotless thanfive years. (g) Any documentation required under paragraphs (C)(2)(a) to (C)(2)(e) of this rule shall be maintained at the facility and shall be made available to OhioEPAuponrequest. (3) Any surface coatingprocess with apennit-to-install issuedafterJanuary 1, 1990 that identifies particulate emission limitations and control measures based on best available technology, best available control technology, or the lowest achievable emission rate shall comply with such limitations and measures insteadofparagraphs (C)(l) and(C)(2) ofthis rule.

### 3745-17-11

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification

12/13/2011 Date

PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffectiveDates: 7

12/2312011 

### 10/06/2011 and02/0112013

119.Q3 3704.03(E) 3704.03(A),3704.03(E) 2/17/72,6/18/80,6/14/91,1131198,4/14/03,2/01108

## ACTION: Final

3745-17-11 

## EXISTING Appendix 3745-17-11

Appendix 

## DATE: 12/13/2011 8:33 AM

Page 1

TABLE I AND FIGURE II

TABLE I Allowable Rate of Particulate Emissions Based On Process Weight At Maximum Capacity (P) Process Weight At Maximum Of Capacity (p) Allowable Rate Particulate Rate Emission (E) Process Weight Allowable Rate of Rate At Maximum Particulate Capacity (P) Emission (E) Lb/Hr Tons/Hr Lb/Hr

100 0.05 0.551 200 0.10 0.877 400 0.20 1.40 600 0.30 1. 83 800 0.40 2.22 1,000 0.50 2.58 1,500 0.75 3.38 2,000 1 4.10 2,500 1.25 4.76 3,000 1. 50 5.38 3,500 1. 75 5.96 4,000 2 6.52 5,000 2.50 7.58 6,000 3 8.56 7,000 3.50 9.49 8,000 4 10.4 9,000 4.50 11.2 10,000 5 12.0 12,000 6 13.6 Lb/Hr 16,000 18,000 20,000 30,000 40,000 50·,000 60,006 70,000 80,000 90,000 100,000 120,000 140,000 160,000 200,000 1,000,000 2,000,000 6,000,000 Tons/Hr
8 9 10 15 20 25 30 35 40 45 50 60 70 80 100 500 1,000 3,000 Lb/Hr 16.5 17.9 19.2 25.2 30.5 35.4 40.0 41. 3 42.5 43.6 44.6 46.3 47.8 49.0 51.2 69.0 77.6 92.7

The allowable rate of particulate emission (E) for process weight rates (p) not specifically listed in this table shall be obtained by use of the following equations: For 0 < (P) < 0.05, (E) = 0.551; for 0.05 < (P) 30, (E) = 4.10 (p)O.67; and for (P) -> 30, (E) = 55.0 (p)O.l1

- 40.0.3745-17-11
FIGURE II Page 2



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

# &Orders

### BEFORE THE 

### OHIO E.P.A. 

## DEC /3 zml OHIO ENVIRONMENTAL PROTECTION AGENC,\H!\[u DjHECTOR'S JOURNAL



### In the Matter of: The Adoption ofAmended Rule 3745-17-11 ofthe Ohio Administrative Code Director's Final Findings and Orders

FINDINGS AND ORDERS



### The Director of Environmental Protection, having considered in compliance with the Administrative ProcedureActthe adoption, in final form, ofthe proposed amended rule of the Ohio Administrative Code cited above, finds: 1. That due notice of a pUblic hearing in this matter pursuant to the Administrative Procedure Actwas given, that a public hearing was held on November 15, 2011, in Columbus, Ohio, and thatall interested personswere affordedthe opportunityto be heard; and 2. That upon due consideration, the adoption, in final form, ofthe proposed amended rule of the Ohio Administrative Code cited above, is reasonable and lawful and within the purview ofauthority provided by law. It is therefore ORDERED

### that amended rule 3745-17-11 ofthe OhioAdministrative Code be adopted in final form. It is further ORDERED 

### thatthe effective date ofsaid new and amended rules shall be 

## DEC 23 2011 this to be**f~** tnlE',' iJnd aCGurai:e· GOpy Df thG.' cdTk:ial dOctitnent'.;**~;~,~.'** fik:ld Ln**H"\E'~' n:;~;':.'rdF**  of ':.h:::;;**Ohi~)** 

# l:!-\3-11

### It is further ORDEREDthat copies 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 thatthis action ofthe Director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and setforth the action complained ofand the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days afternotice ofthe Director's action. The appeal mustbe accompanied by afiling fee of$70.00which 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 ofthe filing ofthe appeal shall be filed with the Directorwithin three (3) days offiling with the Commission. Ohio EPA requests that a copy ofthe appeal be served upon the OhioAttorney General's Office, Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address: Environmental ReviewAppeals Commission 309 South Fourth Street, Room 222 Columbus,OH 43215

Issued at Columbus, Ohio this 

# t31j1 day of 

# Dec-e. pl'1.

# b e.-

# v 

# ,loll

.

# IDATE: 12/13/2011 9:47 AMj



## State of Ohio Environmental Protection Agency Notice ofAdoption of Rules

Notice is hereby given thatthe Directorof Environmental Protection, underthe authorityof Ohio Revised Code Section 3704.03 has adopted amended rule 3745-17-11 of the Administrative Code. This rule was previously finalized and became effective on February 1, 2008. The 2008 version of the rule was conditionally approved by U.S. EPA into the Ohio state implementation plan (SIP) on December27,2010. In orderto obtain full approval Ohio EPA agreed to incorporate an additional change which was documented in U.S. EPA's final Federal Registerdated October26, 2010. This rule change addresses concerns raised by U.S. EPA regarding paragraph (A)(1 

### )(1) of Ohio's 2008 rule. Specifically, the following text is added to paragraph (A)(1 

### )(1) of this rule; "

... any such exemption approved by the Director must be approved by the U.S. environmental protection agencyasa revision ofthe state implementation plan." Thiswording issimilarto what Ohio EPA has used before in OAC rule 3745-21-09(B)(2) for Director's discretion items in the VOC rules and isagreeableto U.S. EPA. With this proposed amendment U.S. EPA will grant full approval, regarding this rule, to Ohio's revised SIP. Federal Register Volume 75, No. 206, FR 65569-70 provides the full explanation ofthe needed change. A public hearing on this rule was held on November 15, 2011 in Columbus, Ohio. After considering comments and oral testimony, the Director's orderofadoption was issued on December 13, 2011. The effective date ofthis rule is Friday, December23, 2011. To request a copy ofthis rule, obtain further information, or inspect or request copies of agencyfilesand records pertainingtothe proceeding contact Mr. Alan Harness, Ohio EPA, Division ofAir Pollution Control, Lazarus Government Center, PO Box 1049, Columbus, Ohio 43216-1049 or call Mr. Alan Harness at (614) 644-4838. This rule is available on Ohio EPA's Web page for electronic downloading at: http://www.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 Ohio Revised Code Section 3745.04. The appeal must be in writing and setforth the action complained ofand the grounds upon which the appeal is based. The appeal must befiled with ERAC within thirty (30) daysafter notice of the Director's action, at309 South Fourth Street, Suite222, Columbus, Ohio43215. Copies ofthe appeal must be served upon the Director ofthe Ohio EPAwithin three (3) days of filing with ERAC. Ohio EPA also requests that a copy of the appeal be served upon the Environmental Enforcement Section 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, or rescission 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 EPAfully complied 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 6, 2011. Ohio EPA held a pUblic hearing on November 15, 2011 in Columbus, Ohio. This hearing was held 40 days afterthe noticewas 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 additionto the Register of Ohio, Ohio EPA also placed an advertisement in the major newspapers throughout the state. Copies can be provided upon request. 2. ORC 119.03(B): The required materials must befiled with the secretaryofstate and the directorofthe legislative service commission (LSC). Ohio's electronicfiling system automaticallygenerates a letterwhen allthe required elements have been uploaded on the system and the package is proposed. This letter is included (Attachment A). Ohio EPA also complied with all requirements for incorporated materials. In addition, the answerstoquestions 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 November 15, 2011 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 occur expires, the agency may issue an order adopting the rule. The Joint Committee on Agency Rule Review (JCARR) oversees agency rule making in Ohio. A hearing forthis rule was held with JCARR on December5, 2011 where these rules were placed on the consent agenda (Attachment C). No testimony, questionsorinvalidation ofthis rule occurred during this hearing. JCARR jurisdiction expired on December 10, 2011 as evidenced by the JCARR consent agenda.

### Ohio EPA issued the orderto adoptthis rule on December 13, 2011 as evidenced bythe Director's Findings 

### &Orders and the Public Notice (both contained in Article 2). The Secretaryofthe State and Directorofthe LSC once again received a letter of notice (Attachment D). 5. ORC 119.03(E): Provide notice to public priorto effective date of rule. Ohio EPA provided an update of the adoption of the rule through the Ohio EPA website, the Register ofOhio, and through an e-mail noticeto all interested parties on December 13, 2011. Copies of these 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 RSFAand 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 item (C) ofthe ERAFforeach rule, Ohio EPAstated the adoption ofthe rule, oraversion as stringentas, is required in orderto maintain approval to administer a federal environmental law. The RSFA documents also contain a section entitled Fiscal Analysis which addresses potential costs. Our responses metthe requirements ofthis lawas evidenced in the consent byJCARR who reviews these documents. 2. ORC 121.39(D): Priorto adopting anyenvironmental rUle, the agency mustconsult with interested parties, considerall documentation relevantto 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 July 27, 2011 Ohio EPA notified interested parties via e-mail of the draft rule language. Acopyofthe notification maybe prOVided upon request. We provided a 30-day comment period closing August 26, 2011. The interested parties list included Ohio EPA, DAPC's general rule making list. A copyofthe interested party list may be provided upon request. As evidenced in item (A) of the ERAF for this rule, Ohio EPA identified that it considered all documentation relevantto the need forthe rule making and identified those documents in list form.

# Article IV Attachment A Letterto Secretary of State and Director of LSC

# ,RuleJilinf

The HonorableJon Husted 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 LarryWolpert, Director JointCommittee on Agency Rule Review

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



### It is hereby confirmed thatthe 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 86257 10/06/2011 

### 09:13 AM 5a56635a39408f12b4f76feb42a311 e

Amendment Y 

### Rule Number 3745-17-11 

### Type FYR? JE Date 12/10/2011 

### EffDate Next FYR Tagline Restrictions on particulate emissions from industrial processes.



### Page 1

# Article IV Attachment B RSFA·

## ACTION: Final L--- 

# I DATE: I2/13/2011 8:33 AM 

# I

Rule Summary and Fiscal Analysis (PartA) 

### OhioEnvironmentalProtectionAgency Agency Name 

### DivisionofAirPollutionControlIDAPC) AlanHarness Division Contact 

### 50WestTownStreet. Suite700 POBox 1049 Columbus OH43216-1049 Agency Mailing Address (Plus Zip) 

### 614-644-2270 614-644-3681 Phone Fax


# 3745-17-11 Rule Number Rule Title/Tag Line 

# AMENDMENT TYPE of rule filing 

### Restrictions onparticulateemissionsfromindustrialprocesses.

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

### Yes
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 adoptthe 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(E)
6. State the reason(s) for proposing (Le., why are you filing,) this rule: This rule is beingproposedto address a commentfrom U.S. EPA.


### 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:
The amendmenttoparagraph (A)(l)(1) ofthis rule consists ofaddingthe following textto the endoftheparagraph:

/11I

### Page 2 Rule Number: 3745-17-11



### "

... (any suchexemption approvedbythe Directormustbe approvedbythe U.S. environmentalprotectionagency as arevision ofthe state implementationplan)" This rule was conditionally approvedby U.S. EPAinto the Ohio state implementationplan (SIP) onDecember27,2010. Inorderto obtainfull approval, OhioEPA agreedto incorporatethis additional changewhich was documentedin U.S. EPA's fmal FederalRegisterdatedOctober26, 2010. This change addresses concerns raisedbyU.S. EPAregardingparagraph (A)(l)(l) ofOhio's final rule.
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 orother material is generally available to persons who reasonably can be expected to be affected bythe rUle, provide an explanation of howthe text orother material is generally available to those persons: 

### This rule contains references tothe Ohio Administrative Code (OAG). Although copies oftheserules are generally availableto thepublicthroughlibraries and on-line sources, including the OhioEPAwebsite, ORC 121.76(A) exempts such references from theprovisions ofORC 121.71 through 121.75.
9. Ifthe rule incorporates a text orother material by reference, and itwas infeasible forthe agency to file the text orother material electronically, provide an explanation ofwhyfiling the text orother material electronicallywas infeasible: 

### Notapplicable.
10. Ifthe rule is being rescinded and incorporates a text orother material by reference, and itwas infeasibleforthe agency to file the text orother material, provide an explanation ofwhyfiling the text orother 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: 

### NotApplicable.
12. 119.032 Rule Review Date: 10/6/2011 and 02/0112013 (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

### Page 3 Rule Number: 3745-17-11



### rule is the filing date.) NOTE: Ifthe rule is not exempt atthe time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date forAmended rules ora date notto exceed 5 years from the review date for No Change rules.

FISCALANALYSIS 

### 13. Estimate the total amount by which thisproposedrulewould 

### increase/ decrease either 

### revenues /expenditures forthe agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budgetofyouragency/department. This willhave no impactonrevenues orexpenditures. 

### $0 Notapplicable.
14. Identifythe appropriation (by line item ete.) that authorizes each expenditure necessitated bythe proposed rule: N/A
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source foryour information/estimated costs, e.g. industry, CFR, internal/agency: Theproposedrevisionto this rule is an administrative action and, as such, doesnot involve any increase inthe costofcompliance.
16. Does this rule have afiscal 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 mustcompletethe Environmentalrule Adoption/AmendmentForm in orderto comply withAm. Sub. 106 ofthe 12lstGeneral Assembly.

## ACTION: Final

Page E-1 

# I DATE: 12/13/2011 8:33 AM

Rule Number: 3745-17-11


### 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) Specifical1y 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 relevantto 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 July 27, 2011 adraftofthis rule was submitted electronically to interested parties for athirty day review and comment period. A copy ofthe draft rule was also posted on Ohio EPA's website with anotice requesting comments. A listof interested parties can be provided on request. (B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the 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.) 75 FR 65567

### Page E-2 Rule Number: 3745-17-11
July 2, 2010 e-mail from Bob Hodanbosi to CherylNewton U.S. EPARegion 5 Air andRadiation Director. 

### (C) Isthe proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administerand 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 NotApplicable


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

# Article IV Attachment C JCARR AgendaJOINT COMMITTEE ONAGENCYRULE REVIEW Agenda - 12/5/2011 - 1:30P.M. Statehouse Hearing Room 121 (William McKinley Room)



### FINAL AGENDA FINAL AGENDA



## Consent

Public Hearing: 11/16/2011 Jurisdiction Ends: 12117/2011 Public Hearing: 11/16/2011

Jurisdiction Ends: 12/1712011 4723-5-06 Rule Number FYR? Yes Action Rule Title Survey visits, reports, and response by the administratorofa program to a survey visit report. Original Filing Date: 10/13/2011 Date of Revised Filing: 11/17/2011 Action FYR?

. Rule Number Rule Title Amendment Revised Filing Rule Title General information. Change ofcontrol ofa program. Change ofcontrol ofa program. Procedure for board determination ofa program's status. Requirements for seeking conditional approval. Organization and administration ofthe program. Qualifications ofadministrative, faculty, and instructional personnel for a registered nursing education program. Qualifications ofadministrative, faculty, and instructional personnel for a practical nursing education program. Amendment Original Filing Yes 4723-5-12 Program policies. Amendment Original Filing Yes 4723-5-13 Curriculum fora registered nursing education program. Amendment Original Filing Yes 4723-5-15 Evaluation plan ofthe program. Amendment Original Filing Yes 4723-5-16 Board approval ofa curriculum revision. Amendment Original Filing Yes 4723-5-17 Program contractual relationships. Amendment Original Filing Yes 4723-5-20 Responsibilities offaculty and instructional personnel in a clinical setting. Total Rules: 1 Original Filing Date: 10/13/2011 Date of Revised Filing: 10/13/2011 Jurisdiction Ends: 12/17/2011 Public Hearing: 11/16/2011 Rule Type

Total Rules: 4 Rule Type 1 Board of Nursing· Total Rules: 14 Original Filing Date: 10/13/2011 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 4723-5-02 Rescission Original Filing Yes 4723-5-03 New Rule Original Filing No 4723-5-03 Amendment Original Filing Yes 4723-5-04 Amendment Original Filing Yes 4723-5-08 Amendment Original Filing Yes 4723-5-09 Amendment Original Filing Yes 4723-5-10 Amendment Original Filing Yes 4723-5-11

JCARR 77 SouthHigh Street- Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us·Page 1- 121512011FINAL AGENDA JOINT COMMITTEE ON AGENCY RULE REVIEW 12/5/2011 - 1:30P.M. Statehouse Hearing Room 121(William McKinley Room) FINAL AGENDA

Amendment Revised Filing Yes 4723-5-01 Amendment Revised Filing Yes 4723-5-14 Amendment Revised Filing Yes 4723-5-19 Amendment Revised Filing Yes 4723-5-21 2 Board of Nursing· Total Rules: 9 Original Filing Date: 10/13/2011 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 4723-7-01 Amendment Original Filing Yes 4723-7-02 Rescission Original Filing Yes 4723-7-03 New Rule Original Filing No 4723-7-03 Amendment Original Filing Yes 4723-7-04 Amendment Original Filing Yes 4723-7-05 Amendment Original Filing Yes 4723-7-06 Amendment Original Filing Yes 4723-7-07 Amendment Original Filing Yes 4723-7-09 3 Board otNursina • Total Rules: 2 Original Filing Date: 10/13/2011 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 4723-13-01 Amendment Original Filing Yes 4723-13-02 4 Board of Nursing· Total Rules: 15 Original Filing Date: 10/13/2011 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 4723-27-01 Amendment Original Filing Yes 4723-27-02 Amendment Original Filing Yes 4723-27-03 Rescission Original Filing Yes 4723-27-04 New Rule Original Filing No 4723-27-04 Amendment Original Filing Yes 4723-27-05 Definitions. Curriculum for a practical nursing education program. Responsibilities offaculty teaching a nursing course. Program records.

Jurisdiction Ends: 12/17/2011 Public Hearing: 11/16/2011 Rule Title Definitions. Requirements and application for licensure by examination as a nurse. Authorization to test, accommodations, retesting, and notification. Authorization to test, accommodations, retesting, and notification. Requirements for licensure forforeign educated nurse graduates. Registered nurse licensure by endorsement. Practical nurse licensure by endorsement. Original certificate and license. Licensure renewal.

Jurisdiction Ends: 12/17/2011 Public Hearing: 11/16/2011 Rule Title Definitions. General information.

Jurisdiction Ends: 12/17/2011 Public Hearing: 11/16/2011 Rule Title Definitions. Standards of safe medication administration by a certified medication aide. Delegation of medication administration to certified medication aides. Certification as a medication aide. Certification as a medication aide. Renewal ofa medication aide certificate.

JCARR 77 South High Street- Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us· Page 2·121512011FINAL AGENDA JOINT COMMITTEE ONAGENCY RULE REVIEW 12/5/2011- 1:30 P.M. Statehouse Hearing Room 121(William McKinley Room) FINAL AGENDA

Amendment Original Filing Amendment Original Filing Amendment Original Filing Amendment Original Filing Amendment Original Filing Rescission Original Filing Rescission Original Filing Rescission Original Filing Rescission Original Filing 5 Board of Nursing' Yes Yes Yes Yes Yes Yes Yes Yes Yes 4723-27-06 4723-27-07 4723-27-08 4723-27-09 4723-27-10 4723-27-11 4723-27-12 4723-27-13 4723-27-14 Continuing education requirements. Medication aide training programs. Standard minimum curriculum for medication aide programs. Disciplinary actions against certified medication aides; investigations. Fees. Medication aide pilot program. Pilot program application. Utilization of certified medication aides by pilot program participants. Pilot program data reporting and evaluation.

Total Rules: 3 Original Filing Date: 10/13/2011 Jurisdiction Ends: 12/1712011 Public Hearing: 11/16/2011

Jurisdiction Ends: 12/15/2011 Public Hearing: 11/15/2011 Rule Title Safety standards for personallyfurnishing drugs and therapeutic devices. Standards of prescribing for nurses with a certificate to prescribe. Standards and procedures for review ofOARRS.

Rule Title Payment ofhospital inpatientservices. Rule Number 4723-9-08 4723-9-09 4723-9-12 FYR? No No No 6 Rule Type Action Amendment Original Filing Amendment Original Filing New Rule Original Filing Bureau ofWorkers' Compensation' Total Rules: 1 Original Filing Date: 10/11/2011 Rule Type Action FYR? Rule Number Amendment Original Filing No 4123-6-37.1 7 Bureau ofWorkers' Compensation' Total Rules: 1 Original Filing Date: 10/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/15/2011 Rule Title Bureau fee schedule. 4123-6-08 Rule Number FYR? No Rule Type Action Amendment Original Filing Bureau ofWorkers' Compensation' Total Rules: 2 Original Filing Date: 10/11/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/15/2011 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing No 4123-6-21 Payment for outpatient medication. Amendment Original Filing No 4123-6-21.1 Paymentfor outpatient medication by self-insuring employer. 9 Counselor, Social Worker, and Marriage and FamilyTherapist Board' 8

JCARR 77 South H;gh Street- Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us· Page3· 12/5/2011FINAL AGENDA 

### JOINT COMMITTEEONAGENCYRULEREVIEW 12/5/2011-1:30P.M

.. Statehouse Hearing Room 121(William McKinley Room) FINAL AGENDA

Total Rules: 2 Original Filing Date: 10/6/2011 Rule Type Action FYR? Amendment Original Filing No Amendment Original Filing No 10 Department ofAging' Rule Number 4757-1-05 4757-9-05 Jurisdiction Ends: 12/10/2011 Public Hearing: 11/8/2011 Rule Title Ucense fees. Approval ofcontinuing professional education programs required for renewal of licenses and certificates of registration issued bythe board.

Total Rules: 1 Original Filing Date: 10/13/2011 Jurisdiction Ends: 12/17/2011 Public Hearing: 11/15/2011 Rule Type Action Amendment Original Filing 11 Department ofAging' FYR? Yes Rule Number 173-13-01 Rule Title Introduction and definitions.

Total Rules: 1 Original Filing Date: 10/13/2011 Jurisdiction Ends: 12/17/2011 Public Hearing: 11/15/2011 Rule Type Action Rescission Original Filing 12 Department ofAgriculture' FYR? Yes Rule Number 173-40-05 Rule Title Receivership.

Total Rules: 1 Original Filing Date: 10/11/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/18/2011 Rule Type Action Amendment Original Filing 13 Department ofAgriculture' FYR? No Rule Number 901-15-03 Rule Title Services performed bythe division of plant industry.

Total Rules: 1 Original Filing Date: 10/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/22/2011 Rule Type Action Amendment Original Filing FYR? No Rule Number 901-5-15 Rule Title Prohibition on use ofsocietyfacilities ofemployees to promote candidacy of directors. 14 Department ofAgriculture' Meat Inspection Total Rules: 3 Original Filing Date: 8/30/2011 Date of Refiled Filing: 11/18/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 10/4/2011 Ruie Type Amendment New Rule New Rule Action Refiled Filing Refiled Filing Refiled Filing FYR? No No No Rule Number 901 :2-1-04 901:2-6-05 901:2-7-05 Rule Title Modifications. Modifications. Modifications. 15 Department ofCommerce' Division ofSecurities
JCARR77 South High Street

.. Concourse Level- Columbus, Ohio43215" (614)**466~4086"** www.jcarr.state.oh.us" Page4" 121512011FINAL AGENDA JOINT COMMITTEE ONAGENCYRULE REVIEW 12/5/2011 - 1:30P.M. Statehouse Hearing Room 121(William McKinley Room) FINAL AGENDA

Jurisdiction Ends: 12/10/2011 Public Hearing: 11/14/2011 Rule Title Establishing criteria forawarding the diploma with honors. Community service learning special certification. Rule forthe provisions forthe career-technical education construction and equipment loan fund. Total Rules: 1 Original Filing Date: 10/5/2011 Rule Type Action FYR? Rule Number Amendment Original Filing No 1301 :6-3-16 16 Departmentof Education· Total Rules: 3 Original Filing Date: 10/6/2011 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 3301-16-02 New Rule Original Filing No 3301-16-03 Rescission Original Filing Yes 3301-61-14 17 DepartmentofJob and Family Services· Division of Food Stamps Jurisdiction Ends: 12/9/2011 Rule Title Application forsalesperson's license; updating. Public Hearing: 11/10/2011

Total Rules: 1 Original Filing Date: 10/12/2011 Jurisdiction Ends: 12/16/2011 Public Hearing: Rule Type Action FYR? Rule Number Rule Title New Rule Original Filing No 5101:4-1-17 Food assistance: on-demand interviews. 18 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 9 Original Filing Date: 10/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/18/2011 Rule Type Action FYR? Rule Number Rule Title Rescission Original Filing Yes 5101 :3-20-01 PACT program: definitions. New Rule Original Filing No 5101:3-20-01 Coordinated services program. Rescission Original Filing Yes 5101 :3-20-02 PACT program: operational components. Rescission Original Filing Yes 5101:3-20-03 PACT program: provider participation. Amendment Original Filing No 5101:3-26-01 Managed health care programs: definitions. Amendment Original Filing No 5101 :3-26-03.1 Managed health care programs: care coordination. Amendment Original Filing No 5101:3-26-08.2 Managed health care programs: memberservices. Amendment Original Filing No 5101 :3-26-08.4 Managed health care programs: MCP grievance system. Amendment Original Filing No 5101:3-26-08.5 Managed health care programs: responsibilities for state hearings. 19**DepartmJlnt~fJ~b** aml Familv_Services· Dhdsioo ofMedical Assistance Total Rules: 2 Original Filing Date: 10/6/2011 Jurisdiction Ends: 12110/2011 Public Hearing: 11/712011 Rule Type Action FYR? Rule Number Rule Title

JCARR77South High Street- Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us· Page5· 121512011FINAL AGENDA 

### JOINTCOMMITTEEONAGENCYRULEREVIEW 12/5/2011 -1:30P.M. Statehouse Hearing Room 121 (William McKinley Room) FINAL AGENDA

Amendment Original Filing No 5101 :3-1-60 Medicaid reimbursement. Amendment Original Filing No 5101:3-4-34 Preventive medicine services. 20 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 1 Original Filing Date: 10/11/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/15/2011 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing No 5101:3-2-08.1 Assessment rates. Total Rules: 1 Original Filing Date: 10/11/2011 Date of Revised Filing: 11/8/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/15/2011 Rule Tvpe Action FYR? Rule Number Rule Title Amendment Revised Filing No 5101 :3-2-30 Hospital franchise fee program. 21 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 1 Original Filing Date: 10/6/2011 Jurisdiction Ends: 12/10/2011 Public Hearing: 11/7/2011 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing Yes 5101:3-2-21 Policies for outpatient hospital services. 22 Department ofJob and Family Services· Division of Medical Assistance Total Rules: 20 Original Filing Date: 10/12/2011 Rule Type Action FYR? Rule Number Rescission Original Filing Yes 5101:3-25-01 Rescission Original Filing Yes 5101 :3-25-02 Rescission Original Filing Yes 5101:3-25-02.1 Rescission Original Filing Yes 5101 :3-25-03 Rescission Original Filing Yes 5101 :3-25-03.1 Rescission Original Filing Yes 5101:3-25-05 Rescission Original Filing Yes 5101:3-25-05.1 Rescission Original Filing Yes 5101 :3-25-06 Rescission Original Filing Yes 5101 :3-25-07 Rescission Original Filing Yes 5101:3-25-07.1 Rescission Original Filing Yes 5101:3-25-08 Rescission Original Filing Yes 5101 :3-25-08.2 Jurisdiction Ends: 12/16/2011 Public Hearing: 11/18/2011 Rule Title Children's buy-in program: definitions. Children's buy-in program: managed care plan membership. Children's buy-in program: termination of membership. Children's buy-in program: covered services. Children's buy-in program: care coordination. Children's buy-in program: provider panel and subcontracting requirements. Children's buy-in program: providerservices. Children's buy-in program: program integrity
- fraud and abuse, audits, reporting, and record retention. Children's buy-in program: quality reviewactivities. Children's buy-in program: qualityassessment and performance improvement (QAPI) program. Children's buy-in program: marketing. Children's buy-in program: memberservices.

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### FINALAGENDA 

### JOlL"lT COMMITTEE ONAGENCYRULEREVIEW 12/5/2011

- 1:30P.M. Statehouse Hearing Room 121 (William McKinley Room) 

### FINALAGENDA

Rescission Original Filing Yes 5101:3-25-08.3 Children's buy-in program: member rights. Rescission Original Filing Yes 5101 :3-25-08.4 Children's buy-in program: responsibilities for membergrievances and appeals. Rescission Original Filing Yes 5101:3-25-08.5 Children's buy-in program: reconsideration process. Rescission Original Filing Yes 5101 :3-25-09 Children's buy-in program: reimbursement and financial responsibility. Rescission Original Filing Yes 5101:3-25-09.1 Children's buy-in program: third party recovery. Rescission Original Filing Yes 5101 :3-25-10 Children's buy-in program: sanctions and grantagreement actions. Rescission Original Filing Yes 5101:3-25-11 Children's buy-in program: managed care plan non-contracting providers. Rescission Original Filing Yes 5101 :3-25-12 Children's buy-in program: membercost-sharing obligations. 23 Department ofJob and Family Services' Division of Medical Assistance Total Rules: 1 Original Filing Date: 10/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/18/2011 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing Yes 5101:3-2-25 Third-party liability. 24 Department ofJob and Family Services' Division of Medical Assistance Total Rules: 1 Original Filing Date: 10/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/18/2011

5101:3-1-17 Rule Number No FYR? Action Rule Type Amendment Original Filing Rule Title Eligible providers[except intermediate care facilities forthe mentally retarded (ICFs-MR) and medicaid contracting managed care plans (MCPs)]. 25 Department ofJob and Family Services· Division of PublicAssistance Total Rules: 1 Original Filing Date: 10/12/2011 Jurisdiction Ends: 12/16/2011 Public Hearing: 11/18/2011 Rule Type Action FYR? Rule Number Rule Title Rescission Original Filing Yes 5101:1-42-30 Children's buy-in program: eligibility. 26 Department ofJob and Family Services· Division of PublicAssistance Total Rules: 1 Original Filing Date: 10/13/2011 Jurisdiction Ends: 12/17/2011 Public Hearing: 11/15/2011 Rule Type Action FYR? Rule Number Rule Title New Rule Original Filing No 5101 :1-2-50 Ohio works now. 27 Department ofJob and Family Services· Division of PublicAssistance Total Rules: 1 Original Filing Date: 10/12/2011 Jurisdiction Ends: 12/16/2011 Public Hearing: 11/15/2011 Rule Type New Rule Action Original Filing FYR? No Rule Number 5101:1-2-02 Rule Title Cash assistance: on-demand interviews.

JCARR 77 South High Street· Concourse Level- Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us • Page 7· 121512011FINAL AGENDA 

### JOINT COMMITTEE ONAGENCYRULEREVIEW 12/5/2011

- 1:30 P.M. Statehouse Hearing Room 121(William McKinley Room) FINALAGENDA

28 Department ofJob and Family Services' Hearings Total Rules: 7 Original Filing Date: 10/14/2011 Rule Tyoe Action FYR? Rule_NumJ1er Rescission Original Filing Yes 5101:6-2-37 Rescission Original Filing Yes 5101 :6-2-40 New Rule Original Filing No 5101 :6-2-40 Amendment Original Filing Yes 5101 :6-3-01 Amendment Original Filing Yes 5101 :6-4-01 Amendment Original Filing Yes 5101:6-6-01 Amendment Original Filing Yes 5101:6-7-03 29 Department ofJob and Familv Services' ODJFS Practices Jurisdiction Ends: 12/18/2011 Public Hearing: 11/18/2011 Rule Title Notices ofenrollment, continued enrollment, or provider change denial forthe managed care plan controlled substances and member managementprogram. PACT notices. State hearings: coordinated services program state hearing and notice requirements. Grounds for requesting a state hearing. Continuation ofbenefits when a state hearing is requested. Scheduling and attendance. Implementation ofthe hearing decision.

Total Rules: 1 Original Filing Date: 10/13/2011 Jurisdiction Ends: 12/17/2011 Public Hearing: 11/15/2011 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing No 5101:9-7-23 Child support random moment sample time study. 30 Department of Natural Resources' Division of Mineral Resources Management-Coal Total Rules: 6 Original Filing Date: 10/12/2011 Jurisdiction Ends: 12/16/2011 Public Hearing: 11/15/2011

1501:13-4-03 1501:13-1-02 1501:13-1-14 1501 :13-4-06 Rule Number

Yes Rule Title Definitions. Incorporation by reference. Permit applications, revisions, and renewals, and transfers, assignments, and sales ofpermit rights. Amendment Original Filing Yes 1501 :13-5-02 Improvidently issued permits. Amendment Original Filing Yes 1501:13-14-02 Enforcement. Amendment Original Filing Yes 1501:13-14-06 Individual civil penalties. Total Rules: 1 Original Filing Date: 10/12/2011 Date of Revised Filing: 11/15/2011 Jurisdiction Ends: 12/16/2011 Public Hearing: 11/15/2011 Rule Type Action FYR? Rule Number Rule Title Permit applications; requirements for legal, financial, compliance and related information. Amendment Revised Filing Rule Type Action FYR? Amendment Original Filing Yes Amendment Original Filing Yes Amendment Original Filing Yes

31 Department of Public Safety' Bureau of MotorVehicles JCARR77 South High Street· Concourse Level- Columbus, Ohio43215- (614) 466-4086· www.jcarr.state.oh.us· Page 8· 1215/2011FINAL AGENDA JOINT COMMITTEE ONAGENCY RULE REVIEW 12/5/2011 - 1:30P.M. Statehouse Hearing Room 121 (William McKinley Room) FINAL AGENDA

Total Rules: 1 Original Filing Date: 10/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title New Rule Original Filing No 4501: 1-13-02 Certificate oftitle issued on power ofattorney from a licensed motorvehicle dealer. Total Rules: 1 Original Filing Date: 10/14/2011 Date of Revised Filing: 11/17/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title New Rule Revised Filing No 4501:1-8-10 Registration by electronic means. 32 Department of Rehabilitation and Correction' Division of Parole and Community Services Total Rules: 1 Original Filing Date: 10/3/2011 Rule Type Action FYR? Rule Number New Rule Original Filing No 5120:1-5-10 33 OhioAthletic Commission' Jurisdiction Ends: 12/7/2011 Rule Title Probation improvement and incentive grant. Public Hearing: 11/7/2011

Total Rules: 11 Original Filing Date: 10/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title Amendment Original Filing Yes 3773-1-02 Scope rule. Amendment Original Filing Yes 3773-1-06 Pay schedulefor commission officials. Amendment Original Filing Yes 3773-1-09 Revocation, suspension, fines, or refusal to renew licenses. Amendment Original Filing Yes 3773-1-10 Violations ofcommission rules. Amendment Original Filing Yes 3773-1-12 Drug testing. Amendment Original Filing Yes 3773-1-13 Protest of results. Amendment Original Filing Yes 3773-2-04 Availability ofmedical personnel. Amendment Original Filing Yes 3773-2-06 Length ofscheduled events and matches. Amendment Original Filing Yes 3773-2-20 First aid equipment used in contestants corners. Amendment Original Filing Yes 3773-2-21 Wearing ofrubbergloves. Amendment Original Filing Yes 3773-2-25 Gloves: reqUirements and replacements during a contest. Total Rules: 1 Original Filing Date: 10/14/2011 Date of Revised Filing: 11/812011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title Amendment Revised Filing Yes 3773-1-05 Fees for licenses and permits. Total Rules: 1 Original Filing Date: 10/14/2011 Date of Revised Filing: 11/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title

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### -1:30P.M. Statehouse Hearing Room 121(William McKinley Room) FINAL AGENDA

Amendment Revised Filing 34 Ohio Athletic Commission' Yes 3773-1-01 Definitions.

Total Rules: 15 Original Filing Date; 10/14/2011 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 3773-4-01 Amendment Original Filing Yes 3773-4-02 Amendment Original Filing Yes 3773-4-03 Amendment Original Filing Yes 3773-4-04 Amendment Original Filing Yes 3773-4-05 Amendment Original Filing Yes 3773-7-09 Amendment Original Filing Yes 3773-7-14 Amendment Original Filing Yes 3773-7-15 Amendment Original Filing Yes 3773-7-16 Amendment Original Filing Yes 3773-7-17 Amendment Original Filing Yes 3773-7-19 Amendment Original Filing Yes 3773-7-20 Rescission Original Filing Yes 3773-7-21 New Rule Original Filing No 3773-7-21 New Rule Original Filing No 3773-7-24 35 Ohio Environmental Protection Agency' Total Rules; 1 Original Filing Date: 10/6/2011 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 3745-17-11 36 Ohio Police and Fire Pension Fund· Total Rules: 1 Original Filing Date: 10/11/2011 Rule Type Action FYR? Rule Number Amendment Original Filing Yes 742-3-22 37 Ohio Schools Facilities Commission' Total Rules: 4 Original Filing Date: 10/7/2011 RuleIvoe Action FYR? Rule Number Jurisdiction Ends: 12/18/2011 Public Hearing: 11/14/2011 Rule Title Conditions forapplying and the issuing ofa professional boxing license. Physical requirements. Additional physical examination requirements. Licensing a professional boxerfrom outofstate. Contract requirements and suspensions. Glove specifications. Numberof rounds required for mixed martial arts bouts and events. Promoter's responsibilities. Licensing. Seconds duties when working in a comer. Suspensions and mandatory rest period. Amateur rule differences. Medical requirements for mixed martial arts contestants. Medical requirements for mixed martial arts contestants. First aid equipment used in contestants corners.
Jurisdiction Ends: 12/10/2011 Public Hearing: 11/15/2011 Rule Title Restrictions on particulate emissions from industrial processes.

Jurisdiction Ends: 12/15/2011 Public Hearing: Rule Title Trustas beneficiary for lump sum payments.

Jurisdiction Ends: 12/11/2011 Public Hearing: 11/16/2011 Rule Title JCARR 77 South High**Street~** Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us·Page 10·121512011FINAL AGENDA JOINT COMMITTEE ONAGENCYRULE REVIEW 12/5/2011-1:30P.M. Statehouse Hearing Room 121(William McKinley Room) FINAL AGENDA

New Rule Original Filing No 3318-8-01 Eligibility requirements. New Rule Original Filing No 3318-8-02 Acquisition ofclassroom facilities. New Ruie Original Filing No 3318-8-03 Program procedure for application and approval. New Rule Original Filing No 3318-8-04 Classroom facilities acquisition agreement. 38 Pre-Qualification and Pre-Design of Public Improvements • Department ofAdministrative Services (Division of Public Works) Total Rules: 1 Original Filing Date: 10/11/2011 Date of Revised Filing: 11/10/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title New Rule Revised Filing No 153:1-4-01 Definitions. Total Rules: 1 Original Filing Date: 10/11/2011 Date of Revised Filing: 11/15/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title New Rule Revised Filing No 153:1-4-02 Type and Amount of Surety Bonds. 39 Pre-Qualification and Pre-Design of Public Improvements • Department ofAdministrative Services (DiVision of Public Works) Total Rules: 1 Original Filing Date: 10/11/2011 Date of Revised Filing: 11/10/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title New Rule Revised Filing No 153:1-3-01 Definitions. Total Rules: 1 Original Filing Date: 10/11/2011 Date of Revised Filing: 11/15/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/14/2011 Rule Type Action FYR? Rule Number Rule Title New Rule Revised Filing No 153:1-3-02 Form ofsubcontract. 40 Pre-Qualification and Pre-Design of Public Improvements' Department ofAdministrative Services (Division of PublicWorks) Total Rules: 2 Original Filing Date: 10/11/2011 Date of Revised Filing: 11/15/2011 Jurisdiction Ends: 12/15/2011 Public Hearing: 11/14/2011 Rule Type New Rule New Rule Action Revised Filing Revised Filing FYR? No No Rule Number 153:1-2-01 153:1-2-02 Rule Title Form ofconstruction managerat risk contract documents. Form ofdesign-build contract documents. 

## To Be Refiled 41 Department ofJob and Family Services' Division of Medical Assistance Total Rules: 2 Original Filing Date: 10/14/2011 Date olTo Be Refiled: 121212011 Rule Type Action FYR? Rule Number Rule Title Jurisdiction Ends: Public Hearing: 11/18/2011

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### JOINTCOMMITTEE ONAGENCYRULEREVIEW 12/5/2011

- 

### 1:30P.M. Statehouse Hearing Room 121 (William McKinley Room) FINAL AGENDA

Rescission New Rule To Be Refiled To Be Refiled Yes No 5101 :3-4-01 5101 :3-4-01 Eligible providers of physician services. Physicians and othereligible providers of physician services. 42 Ohio Board of Regents • Total Rules: 2 Original Filing Date: 3/10/2011 Date ofTo Be Refiled: 11/28/2011 Jurisdiction Ends: Public Hearing: 12/15/2011 Rule Type Action Rescission To Be Refiled New Rule To Be Refiled FYR? Yes No Rule Number 3333-1-08 3333-1-08 Rule Title Standards for issuance ofcertificates ofauthorization undersection 1713.03, Ohio Revised Code. Standards and Processes for Issuance ofCertificate ofAuthorization Under Section 1713.03, Ohio Revised Code. 

## Withdrawn 43 Department ofJob and Family Services' Division of Food Stamps Total Rules: 1 Original Filing Date: 11/29/2011 Date ofWithdrawn Filing: 11/29/2011 Jurisdiction Ends: Public Hearing: 115/2012 Rule Type Action Amendment Withdrawn Filing FYR? No Rule Number 5101:4-3-11.2 Rule Title Food assistance: employment and training program sanctions and compliance. 44 Department ofJob and Family Services' Division ofSocial Services

Rule Type Action FYR? Amendment Withdrawn Filing Yes 45 Ohio Environmental Protection Agency' Total Rules: 1 Original Filing Date: 7/6/2011 Date ofWithdrawn Filing: 11/15/2011 Jurisdiction Ends: Public Hearing: 811012011 Rule Number Rule Title 5101:2-49-05 Determination ofthe adoption assistance payment amount.

Public Hearing: 10/25/2011 Date ofWithdrawn Filing: 11/30/2011 Jurisdiction Ends: Rule Number Rule Title Authorized feedstocks, bulking agents, and additives and classification of composting facilities. Notification requirements for class II, III, and IV composting facilities. Permitto install application for class I composting facilities. Additional criteria forapproval ofpermitto install applicationsforclass I composting facilities. Composting facility operations. Standards for compost products. 3745-27-45 3745-27-46 3745-27-43 3745-27-41 3745-27-42 3745-27-40 Total Rules: 7 Original Filing Date: 9/23/2011 Rule Tvpe Action FYR? Rescission Withdrawn Filing Yes Rescission Withdrawn Filing Yes Rescission Withdrawn Filing Yes Rescission Withdrawn Filing Yes Rescission Withdrawn Filing Yes Rescission Withdrawn Filing Yes
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### 12/5/2011-1:30P.M. Statehouse Hearing Room 121 (William McKinley Room) FINAL AGENDA

Public Hearing: 10/25/2011

Public Hearing: 10/25/2011 Closure ofcomposting facilities.

Criteria for issuing or denying facility licenses. Procedures forthe licensing authorityfor reviewing and considering license applications. 3745-27-47

3745-500-360 3745-500-130 3745-500-35 3745-500-50 3745-500-120 Date ofWithdrawn Filing: 11/30/2011 Jurisdiction Ends: Rule Number Rule Title 3745-500-01 General administration
- applicability. 3745-500-02 General administration- definitions. 3745-500-03 Incorporation by reference. Relationships among authorizing documents, rules, and the authority ofthe director and board of health. Signatures. Procedures for issuing, denying, modifying, transferring, and revoking licenses and permits to install. Retention and distribution ofauthorizing documents
- procedures for boards of health and Ohio EPA. Alteration to a solid waste permitto install. Variances forsolid waste facilities. Exemptions from solid waste requirements. Termination ofa permitto install issued underChapter3734. ofthe Revised Code. Causes for revoking a permitto install issued underChapter 3734. ofthe Revised Code. Administrative change to a permitto install.

3745-501-10 3745-500-350 3745-500-150 3745-500-210 3745-500-220 3745-500-330

3745-501-15 3745-501-20 Date ofWithdrawn Filing: 11/30/2011 Jurisdiction Ends: Rule Number Rule Title 3745-501-01 Licensing
- applicability. 3745-501-02 Licensing
- definitions. 3745-501-05 Licenses required forsolid waste facilities. License applications, application procedures, and remittal offees after license issuance. Rescission Withdrawn Filing Yes 46 Ohio Environmental Protection Agency· Total Rules: 13 Original Filing Date: 9/23/2011 Rule Type Action FYR? New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No 47 Ohio Environmental Protection Agency· Total Rules: 12 Original Filing Date: 9/23/2011 Rule Type Action FYR? New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No New Rule Withdrawn Filing No

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### 12/5/2011-1:30 P.M. Statehouse Hearing Room 121(William McKinley Room) FINAL AGENDA

New Rule Withdrawn Filing No 3745-501-35 Transfer of licenses. New Rule Withdrawn Filing No 3745-501-40 Suspension or revocation ofa license. New Rule Withdrawn Filing No 3745-503-01 Financial assurance - applicability. New Rule Withdrawn Filing No 3745-503-02 Financial assurance - definitions. New Rule Withdrawn Filing No 3745-503-05 Financial assurance forclosure. New Rule Withdrawn Filing No 3745-503-20 Wording offinancial assurance instruments. 48 Ohio Environmental Protection Agency· Total Rules: 25 Original Filing Date: 9/23/2011 Date ofWithdrawn Filing: 11/30/2011 Jurisdiction Ends: Public Hearing: 10/25/2011 Rule Type Action FYR? Rule Number Rule Title New Rule Withdrawn Filing No 3745-560-01 Composting facilities
- applicability. New Rule Withdrawn Filing No 3745-560-02 Composting facilities
- definitions. New Rule Withdrawn Filing No 3745-560-03 Class IV composting facility annual report supplement. New Rule Withdrawn Filing No 3745-560-04 Composting

- log ofoperations and annual report forms. New Rule Withdrawn Filing No 3745-560-05 Composting

- closure cost estimate. New Rule Withdrawn Filing No 3745-560-100 Class I composting facility establishment. New Rule Withdrawn Filing No 3745-560-101 Criteria and procedures forapproval, termination, revocation, and administrative change ofa class I composting facility permitto install. New Rule Withdrawn Filing No 3745-560-102 Proceduresfor commencement ofoperations atclass I composting facilities. New Rule Withdrawn Filing No 3745-560-105 Alternative materials requestforclass I composting facilities. New Rule Withdrawn Filing No 3745-560-110 Operational requirements for class I composting facilities. New Rule Withdrawn Filing No 3745-560-115 Record keeping requirements for class I composting facilities. New Rule Withdrawn Filing No 3745-560-120 Compost distribution requirements for class I composting facilities. New Rule Withdrawn Filing No 3745-560-125 Compost sampling and testing requirements for class I composting facilities. New Rule Withdrawn Filing No 3745-560-130 Compost quality standards forclass I composting facilities. New Rule Withdrawn Filing No 3745-560-135 Closure requirements forclass I composting facilities. New Rule Withdrawn Filing No 3745-560-200 Class II composting facility establishment. New Rule Withdrawn Filing No 3745-560-201 Criteria forapproval and termination ofa class II composting facility registration. New Rule Withdrawn Filing No 3745-560-202 Procedures for commencements ofoperations at class II composting facilities. New Rule Withdrawn Filing No 3745-560-205 Alternative materials requestfor class II composting facilities. New Rule Withdrawn Filing No 3745-560-210 Operational requirements forclass II composting facilities. New Ruie Withdrawn Filing No 3745-560-215 Record keeping requirements forclass II composting facilities. New Rule Withdrawn Filing No 3745-560-220 Compostdistribution requirements for class II composting facilities.
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New Rule Withdrawn Filing No 3745-560-225 Compost sampling and testing requirements for class II composting facilities. New Rule Withdrawn Filing No 3745-560-230 Compostquality standards for class II composting facilities. New Rule Withdrawn Filing No 3745-560-235 Closure requirements for class II composting facilities. 49 Ohio Environmental Protection Agency· Total Rules: 15 Original Filing Date: 9/2312011 Date ofWithdrawn Filing: 1113012011 Jurisdiction Ends: Public Hearing: 10/2512011 Rule Type Action FYR? Rule Number Rule Title New Rule Withdrawn Filing No 3745-560-300 Class III composting facility establishment. New Rule Withdrawn Filing No 3745-560-301 Criteria for approval and termination of a class III composting facility registration. New Rule Withdrawn Filing No 3745-560-302 Procedures for commencement ofoperations atclass III composting facilities. New Rule Withdrawn Filing No 3745-560-310 Operational requirements for class III composting facilities. New Rule Withdrawn Filing No 3745-560-315 Record keeping requirements for class III composting facilities. New Rule Withdrawn Filing No 3745-560-320 Compost distribution requirements for class III composting facilities. New Rule Withdrawn Filing No 3745-560-325 Compostsampling and testing requirements forclass III composting facilities. New Rule Withdrawn Filing No 3745-560-330 Compostquality standards for class III composting facilities. New Rule Withdrawn Filing No 3745-560-335 Closure requirements for class III composting facilities. New Rule Withdrawn Filing No 3745-560-400 Class IV composting facility establishment. New Rule Withdrawn Filing No 3745-560-401 Criteria forapproval and termination ofa class IV composting facility registration. New Rule Withdrawn Filing No 3745-560-402 Procedures forcommencement ofoperations at class IV composting facilities. New Rule Withdrawn Filing No 3745-560-410 Operational requirements forclass IV composting facilities. New Rule Withdrawn Filing No 3745-560-415 Record keeping requirements for class IV composting facilities. New Rule Withdrawn Filing No 3745-560-435 Closure requirements forclass IV composting facilities. 50 Ohio Ethics Commission·

Rule Type Action FYR? Rule Number Amendment Withdrawn Filing Yes 102:102-1-01 Amendment Withdrawn Filing Yes 102:102-1-05 Amendment Withdrawn Filing Yes 102:102-1-06 Amendment Withdrawn Filing Yes 102:102-3-01 Amendment Withdrawn Filing Yes 102:102-3-02 Amendment Withdrawn Filing Yes 102:102-3-03 Amendment Withdrawn Filing Yes 102:102-3-04 Public Hearing: Total Rules: 20 Original Filing Date: 1112912011 Date ofWithdrawn Filing: 1113012011 Jurisdiction Ends: Rule Title Definitions. Commission meetings; notice of meetings. Officers and committees. Advisory opinions. Advisory committee. Advisory processes; opinions. Advisory processes; telephone and electronic mail guidance.

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New Rule Withdrawn Filing No 102:102-3-06 Advisory processes; availability and distribution. New Ruie Withdrawn Filing No 102:102-3-07 Advisory opinions; reconsideration. Amendment Withdrawn Filing Yes 102:102-5-02 Financial disclosure statements. Financial disclosure filing requirement; persons ofequivalent rankto directors, Amendment Withdrawn Filing Yes 102:102-5-03 assistant directors, deputy directors, ordivisions chiefs ofstate administrative departments. Amendment Withdrawn Filing Yes 102:102-5-06 Financial disclosure filing requirement; public officials sUbject to multiplefiling requirements; voluntary filers. Amendment Withdrawn Filing Yes 102:102-5-07 Review offiled statements to determine compieteness. Amendment Withdrawn Filing Yes 102:102-5-10 Deadlines; receipt offinancial disclosure statements. Amendment Withdrawn Filing Yes 102:102-5-11 Extensions. Amendment Withdrawn Filing Yes 102:102-5-12 Paymentof late fees. Amendment Withdrawn Filing Yes 102:102-7-04 Charges. Amendment Withdrawn Filing Yes 102:102-7-05 Complaints. Amendment Withdrawn Filing Yes 102:102-11-01 Settlement referrai pursuantto division (G)(1) ofsection 102.06 ofthe Revised Code. Amendment Withdrawn Filing Yes 102:102-11-02 Settlement negotiations.

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

### a'6pAftlC

# Rule**~ilir",**

The Honorable Jon Husted Secretary ofState 180E. Broad St., 15th Floor Columbu5,OH 43215 Mark Flanders, Director legislativeServiceCommission

77 South High St., 9th Floor Columbus,OH 43215 Larry Wolpert, Director JointCommittee onAgencyRule Review

77 South High St., Concourse Level 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 86257 12/13/201108:33AM 595da8178be74f02c43c08363f55c61

Amendment Y Rule Number 3745-17-11 Type FYR? JE Date 1211012011 

### Eft Date 1212312011 NextFYR 0210112013 Tagline Restrictions on particulate emissions from industrial processes.

Page 1

# Article V Hearing Transcript

### BEFORE THE OHIO EPA

IN RE: DAPC Rules Hearing

Public Hearing before Moderator Jed Thorp, taken at the Ohio Environmental Protection Agency, 50 West Town Street, 6th Floor Conference Room B, Columbus, Ohio at 10:35 a.m. on November 15, 2011.2



### which they have registered. There is no cross-examination of P-R-O-C-E-E-D-I-N-G-S 

### MODERATOR THORP: My name is Jed, and I

am the public involvement coordinator with Ohio EPA's Public Interest Center. I will be presiding over today's public hearing. The purpose of the hearing is to obtain comments from interested persons regarding new rules related to the control of particulate

wishing to submit written comments for Ohio EPA's consideration may send them to Alan Harness, Ohio EPA, Division of Air Pollution Control, P.O. Box 1049, Columbus, Ohio 43216-1049. Written statements submitted after today may be considered as time and circumstances permit but will not be part of the official record of the hearing. If you wish to present oral testimony at this hearing today and have not already signed the registration sheet, please do so at this time. The sheet is available at the registration Persons will be called in the order in Persons

table. emissions from industrial processes. 1 2 3 4 5 6 7 8 9 

### 10
11 

### 12 13 14 15 

### 16 17 18 

### 19 20 21 22 

### 23 243 

### speakers or representatives of Ohio EPA in pUblic hearings. Ohio EPA hearings afford citizens the opportunity to provide comments on the official record. Therefore, we will not be able to answer

of the panel may ask clarifying questions of the person testifying to ensure the record is as complete and accurate as possible. I will now read the names of those who have registered at this hearing and will give each person an opportunity to testify. Is there anyone who wishes to testify at this time? (No audible response.) (30-minute break taken.) MODERATOR THORP: Seeing no requests for testimony, the time is now 11:00 and this hearing is adjourned. Thank you. 1 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 

### 15 16 17 18 19 

### questions during the hearing. However, members

20 21 (Thereupon, at 11:00 a.m. on November 22 15, 2011, the public hearing was adjourned.) 23

- - - 241 CERTIFICATE 2

- - - 

### 3 STATE OF OHIO 

## ss: 4 COUNTY OF FRANKLIN 5 I, Jennifer L. 

### Parish, Registered 6 

### Professional Reporter and Notary Public in the 7 

### State of Ohio, do hereby certify that the 8 

### foregoing is a true, correct, and complete 9 

### transcript of the proceedings in the matter 10 before the Ohio EPA as reported by me in 11 stenotype and transcribed from my stenographic 12 notes. 13 4



### 14 15 16 17 18 

### DATED this 30th day of November, 2011.

JENNIFER L. 

### PARISH, RPR NOTARY PUBLIC-STATE OF OHIO

19 

### 20 21
22 

### 23 24 My Commission Expires: November 23, 2014.