o •

I I

Environmental

Protection Agency

John R. Kasich, Governor

Mary Taylor, 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=CSGEMENT GRANCH

P.8. I..~:". REGION 5

RECEIVED

FEB 2b 2012

u._

=OFRt:I~' ~.-' .. ...) ·~.AT"'"

Re: Request for Approval of an amended Rule under Chapter 3745-17 of the Ohio

Administrative Code as part of the 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 EPA adopted amended rule 3745-17-11 of the 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 per the requirements of 40

CFR Part 51, Appendix V, Section 2.1:

50 West Town Street, Suite 700

P.O. Box 1049

Columbus, OH 43216-1049

614 I 6443020

614 I 6443184 (fax)

www.epa.ohio.gov
Amended 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 that the State has adopted the plan in the State code or body of 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 of the plan, if different from the adoption/issuance date.

40 CFR Part 51, Appendix V, Section 2.1 (d)

A copy of the actual regulation, or document submitted for approval and incorporation

by reference into the plan, including indication of the changes made to the existing

approved plan, where applicable. The submittal shall be a copy of the 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 of this regulation is indicated in the document itself. Please consider that Ohio 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 notice was given of the proposed changes consistent with 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 of the Ohio Revised Code (ORC) to enact this rule. Copies of these sections of

the ORC can be provided upon request.

Article Four addresses the following two requirements:

40 CFR Part 51, Appendix V, Section 2.1 (e)

Evidence that the State followed all of the procedural requirements of the State's laws

and constitution in conducting and completing the adoption/issuance of the 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 of the 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 of the Response to Comments documents for the draft language comment period 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 of the changes in plan allowable emissions from the affected

sources.

This rule is a part of Ohio EPA's effort to attain and maintain the various particulate matter

standards. We would greatly appreciate it if U.S. EPA would expedite the review of this

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 of Air 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 Restrictions on particnlate emissions from indnstrial processes.

(A) General provisions:

(1) This rule applies to any operation, process, or activity which releases or may

release particulate emissions into the ambient air except:

(a) The burning offuel for the primary purpose of producing heat or power by

indirect heating in which the products of combustion do not come into

direct contact with process materials;

(b) The burning ofrefuse;

(c) The processing ofsalvageable material by burning;

(d) The loading ofships and the drying of grain at grain elevator operations;

(e) Salt glazing in a gas-fired periodic brick or tile kiln, for a period of not

more than two hours during any twenty-one consecutive days of

operation ofsaid kiln;

(f) The generation of fugitive dust which the director has determined is

subject to rule 3745-17-08 ofthe Administrative Code;

(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 of the

Administrative Code;

(h) Surface coating processes that apply only dip coatings, roll coatings, flow

coatings, or brush coatings;

(i) Surface coating processes that use less than five gallons of coatings per

day, provided the owner or operator maintains coating usage records,

coating purchase records, and/or production records that clearly

demonstrate the actual coating usage is less than five gallons per day;

G) Surface coating processes (e.g., for sealers, adhesives, and deadeners) that

employ airless spray and bead-type (extrusion) application methods;

(k) Surface coating processes that employ hand-held cup spray guns;

(1) Surface coating processes for which the owner or operator demonstrates to
3745-17-11 2

the satisfaction of the director that, due to the large size of the item(s)

being coated, it is technically infeasible and/or economically

unreasonable (in terms of cost-effectiveness) to employ an enclosure (or

hooding) and control device for the control of the particulate emissions

(any such exemption approved by the Director must be approved by the

United States environmental protection agency as a revision ofthe state

implementation plan); and

(m) Jet engine test cells and stands.

(2) Emission restriction requirements for sources, which are not subject to the

requirements of paragraph (B)(4), (B)(5), (B)(6) or (C) of this rule or which

are not exempted under paragraph (A)(1) of this rule, are specified in "Figure

II" and in "Table I" in the appendix to this rule. "Figure II" in the appendix to

this rule relates uncontrolled mass rate of emission (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 of the source,

is always equal to or less than the allowable mass rate of emission of

particulate matter (A) based upon the uncontrolled mass rate of emission (D).

"Table I" in the appendix to this rule relates process weight of materials

introduced into any specific process (at its maximum capacity) that may

result in particulate emissions to maximum allowable mass rate of emission.

A source complies with the requirements of "Table I" in the appendix to this

rule if its rate of particulate emission, even during operation at the process

weight rate (P) which reflects the maximum capacity ofthe source, is always

equal to or less than the allowable rate of particulate emission specified by

the appropriate equation appearing at the bottom of "Table I" in the appendix

to this rule and incorporating the process weight rate (P) which reflects the

maximum capacity ofthe source. Except as otherwise indicated in paragraphs

(A)(2)(a) to (A)(2)(c) ofthis rule, the more stringent ofthe two requirements

shall apply.

(a) "Figure II" in the appendix to this rule shall not apply:

(i) To any source where the uncontrolled mass rate of emission cannot

be ascertained;

(ii) To any source with an uncontrolled mass rate of emission of less

than ten pounds per hour; or

(iii) To any fluid catalytic cracking unit at a petroleum refinery.
3745-17-11 3

(b) "Table I" in the appendix to this rule shall not apply:

(i) To any source where the process weight rate cannot be ascertained;

or

(ii) To any source which is located within the counties specified in

paragraphs (B)(2) and (B)(3) of this 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

cracking unit at a petroleum refinery.

(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 either physically 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 such units.

(4) For purposes of "Table I" in the appendix to this rule, process weight per hour is

the total weight of all materials introduced into any single, specific process

(at its maximum capacity) that may cause any emission of particulate matter.

Solid fuels charged will be considered as part of the process weight, but

liquid and gaseous fuels and combustion air will not. For a cyclical or batch

operation, the process weight per hour will be derived by dividing the total

process weight by the number of hours in one complete operation from the

beginning of any given process 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 of recirculated catalyst and cold catalyst introduced into the catalyst

regenerator.

(5) An air contaminant source can be subject to both of the requirements of rule

3745-17-08 of the Administrative Code and this rule if it is a fugitive dust

source, as defined in paragraph (B)(7) of 3745-17-01 of the Administrative

Code, and also emits, by means of one or more stacks, particulate matter that

is subject to a limitation(s) in rule 3745-17-08 ofthe Administrative Code.

(B) Emission limitations:
3745-17-11 4

(1) Except as specified in paragraph (B)(4), (B)(5), (B) (6) or (C) of this rule, any

owner or operator of a source of particulate emissions which is located within

the following counties shall operate said source so that the particulate

emissions do not exceed the allowable emission rate specified by "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, Wyandot and Wood.

(2) Except as otherwise provided in paragraph (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 not exceed the allowable emission rate specified by "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 and Williams.

(3) Except as otherwise provided in paragraph (B)(4), (B)(5) or (C) ofthis rule, any

owner or operator of a source of particulate emissions which is located within

the following counties shall operate said source so that the particulate

emissions do not exceed the allowable emission rate specified by "curve P-3"

of "Figure II" in the appendix to this rule: Erie, Fayette, Highland, Hocking,

Huron, Ottawa, Pike and Vinton.

(4) Any owner or operator of a stationary gas turbine shall not cause or permit the

particulate emissions from the turbine's exhaust to exceed 0.040 pound per

million Btu of actual heat input.

(5) Any owner or operator of a stationary internal combustion engine shall not

cause or permit the particulate emissions from the engine's exhaust to exceed

the following:

(a) 0.310 pound per million Btu of actual heat input for a stationary small

internal combustion engine; and

(b) 0.062 pound per million Btu of actual heat input for a stationary large
3745-17-11

internal combustion engine.

5

(6) The "LTV Steel Company" (OEPA premise number 1318001613) or any

subsequent owner or operator ofthe "LTV Steel Company" facility located at

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 surface coating processes:

(I) Any surface coating process not exempt under paragraphs (A)(l)(h) to (A)(l)(I)

of this rule shall be controlled by a dry particulate filter, waterwash, or

equivalent control device or devices.

(2) Any surface coating process not exempt under paragraphs (A)(I)(h) to (A)(I)(k)

ofthis rule shall follow all ofthese work practices:

(a) The owner or operator shall maintain documentation ofthe manufacturer'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 of the 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 at a frequency that is based upon the recommendation ofthe

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

each calendar year the owner or operator shall conduct a comprehensive

inspection of the 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's recommendations.
3745-17-11 6

(d) The owner or operator shall document each inspection of a control device

by maintaining a record that includes the date of the inspection, a

description of each problem identified and the date it was corrected, a

description ofthe maintenance and repairs performed, and the name of

the person who performed the inspection.

(e) In the event that the control devices are not operating in accordance with

the manufacturer's recommendations, instructions, or operating manuals

with any modifications deemed necessary by the owner or operator, the

control devices shall be expeditiously repaired or otherwise returned to

operation in accordance with such requirements. The owner or operator

shall maintain documentation ofthose periods when the control devices

are not operating in accordance with such requirements.

(t) Any documentation required under paragraphs (C)(2)(d) and (C)(2)(e) of

this rule shall be maintained for not less than five 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 Ohio EPA upon request.

(3) Any surface coating process with a pennit-to-install issued after January 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

instead of paragraphs (C)(l) and (C)(2) ofthis rule.
3745-17-11

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

12/13/2011

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

7

12/2312011

10/06/2011 and 02/0112013

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 of Amended

Rule 3745-17-11 of the Ohio

Administrative Code

Director's Final Findings and

Orders

FINDINGS AND ORDERS

The Director of Environmental Protection, having considered in compliance with the

Administrative Procedure Act the adoption, in final form, of the proposed amended rule of

the Ohio Administrative Code cited above, finds:

1. That due notice of a pUblic hearing in this matter pursuant to the Administrative

Procedure Act was given, that a public hearing was held on November 15, 2011, in

Columbus, Ohio, and that all interested persons were afforded the opportunity to be

heard; and

2. That upon due consideration, the adoption, in final form, of the proposed amended

rule of the Ohio Administrative Code cited above, is reasonable and lawful and

within the purview of authority provided by law.

It is therefore

ORDERED that amended rule 3745-17-11 of the Ohio Administrative Code be adopted in

final form.

It is further

ORDERED that the effective date of said 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

ORDERED that copies ofthese Findings and Orders and certified copies of said 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 of the Director is final and may be appealed to the

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio

Revised Code. The appeal must be in writing and set forth the action complained of and

the grounds upon which the appeal is based. The appeal must be filed with the

Commission within thirty (30) days after notice of the Director's action. The appeal must be

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce

if by affidavit you demonstrate that payment of the full amount of the fee would cause

extreme hardship. Notice of the filing of the appeal shall be filed with the Director within

three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal

be served upon the Ohio Attorney General's Office, Environmental Enforcement Section.

An appeal may be filed with the Environmental Review Appeals Commission at the

following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus,OH 43215

Issued at Columbus, Ohio this t31j1 day of Dec- e. pl'1. be.- v ,loll .
IDATE: 12/13/2011 9:47 AMj

State of Ohio

Environmental Protection Agency

Notice of Adoption of Rules

Notice is hereby given that the Director of Environmental Protection, under the authority of

Ohio Revised Code Section 3704.03 has adopted amended rule 3745-17-11 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 December 27,2010. In order to obtain full approval Ohio EPA

agreed to incorporate an additional change which was documented in U.S. EPA's final

Federal Register dated October 26, 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 agency as a revision of the state implementation plan." This wording is similar to

what Ohio EPA has used before in OAC rule 3745-21-09(B)(2) for Director's discretion

items in the VOC rules and is agreeable to 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 of the 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 order of adoption was issued on

December 13, 2011. The effective date of this rule is Friday, December 23, 2011.

To request a copy of this rule, obtain further information, or inspect or request copies of

agency files and records pertaining to the proceeding contact Mr. Alan Harness, Ohio EPA,

Division of Air 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) pursuant to Ohio Revised Code Section 3745.04. The appeal

must be in writing and set forth the action complained of and the grounds upon which the

appeal is based. The appeal must be filed with ERAC within thirty (30) days after notice of

the Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio 43215. Copies

of the appeal must be served upon the Director of the Ohio EPA within three (3) days of

filing with ERAC. Ohio EPA also requests that a copy of the appeal be served upon the

Environmental Enforcement Section of the 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, Procedures for adoption, 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 EPA fully complied with the requirements ofthis law and 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 prior to 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 notice was 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 after the notice was placed in the

register. The ORC 119.03 requirements for public notice contents were met as

evidenced by comparing 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 throughout the state. Copies can be provided upon request.

2. ORC 119.03(B): The required materials must be filed with the secretary of state and

the director of the legislative service commission (LSC).

Ohio's electronic filing system automatically generates a letter when all the 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 answers to questions eight and nine of each of the Rule Summary and

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 for this rule was held with JCARR on December 5, 2011

where these rules were placed on the consent agenda (Attachment C). No

testimony, questions or invalidation ofthis rule occurred during this hearing. JCARR

jurisdiction expired on December 10, 2011 as evidenced by the JCARR consent

agenda.
Ohio EPA issued the order to adopt this rule on December 13, 2011 as evidenced

by the Director's Findings &Orders and the Public Notice (both contained in Article

2). The Secretary of the State and Director of the LSC once again received a letter

of notice (Attachment D).

5. ORC 119.03(E): Provide notice to public prior to effective date of rule.

Ohio EPA provided an update of the adoption of the rule through the Ohio EPA

website, the Register of Ohio, and through an e-mail notice to 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 of this 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 Rule Adoption/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) of the ERAF for each rule, Ohio EPA stated

the adoption of the rule, or a version as stringent as, is required in order to maintain

approval to administer a federal environmental law. The RSFA documents also

contain a section entitled Fiscal Analysis which addresses potential costs. Our

responses met the requirements of this law as evidenced in the consent by JCARR

who reviews these documents.

2. ORC 121.39(D): Prior to adopting any environmental rUle, the agency must consult

with interested parties, consider all documentation relevant to the need for the 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. A copy of the notification may be 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 copy of the 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 relevant to the need for the rule making and identified

those documents in list form.
Article IV

Attachment A

Letter to Secretary of State

and Director of LSC
, Rule Jilinf

The Honorable Jon Husted

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

Larry Wolpert, Director

Joint Committee on Agency Rule Review

77 South High St., Concourse Level

Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to 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·
L--- ACTION: Final I DATE: I2/13/2011 8:33 AM I

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution Control IDAPC) Alan Harness

Division Contact

50 West Town Street. Suite 700 PO Box 1049

Columbus OH 43216-1049

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 on particulate emissions from industrial processes.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the 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 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(E)

6. State the reason(s) for proposing (Le., why are you filing,) this rule:

This rule is being proposed to address a comment from U.S. EPA.

7. If the rule is an AMENDMENT, then summarize the changes and the content

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

then summarize the content of the rule:

The amendment to paragraph (A)(l)(1) ofthis rule consists of adding the following

text to the end ofthe paragraph:

/11I
Page 2 Rule Number: 3745-17-11

" ... (any such exemption approved by the Director must be approved by the U.S.

environmental protection agency as a revision ofthe state implementation plan)"

This rule was conditionally approved by U.S. EPA into the Ohio state

implementation plan (SIP) on December 27,2010. In order to obtain full approval,

Ohio EPA agreed to incorporate this additional change which was documented in

U.S. EPA's fmal Federal Register dated October 26, 2010. This change addresses

concerns raised by U.S. EPA regarding paragraph (A)(l)(l) ofOhio's final rule.

8. If the rule incorporates a text or other material by reference and the agency

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

generally available to persons who reasonably can be expected to be affected

by the 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 (OAG). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

9. If the rule incorporates a text or other material by reference, and it was

infeasible for the agency to file the text or other material electronically, provide

an explanation of why filing the text or other material electronically was

infeasible:

Not applicable.

10. If the rule is being rescinded and incorporates a text or other material by

reference, and it was infeasible for the agency to file the text or other material,

provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11. If revising or refiling this rule, identify changes made from the previously

filed version of this rule; if none, please state so:

Not Applicable.

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

(If the rule is not exempt and you answered NO to question No.1, provide the

scheduled review date. If you answered YES to No.1, the review date for this
Page 3 Rule Number: 3745-17-11

rule is the filing date.)

NOTE: If the rule is not exempt at the time of final 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 ANALYSIS

13. Estimate the total amount by which this proposed rule would increase /

decrease either revenues / expenditures for the agency during the current

biennium (in dollars): Explain the net impact of the proposed changes to the

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0

Not applicable.

14. Identify the appropriation (by line item ete.) that authorizes each expenditure

necessitated by the proposed rule:

N/A

15. Provide a summary of the 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:

The proposed revision to this rule is an administrative action and, as such, does not

involve any increase in the cost of compliance.

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 Environmental rule Adoption/Amendment Form in order to

comply with Am. Sub. 106 ofthe 12lst General 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, whether the proposed rule or rule amendment is more stringent than 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 July 27, 2011 a draft of this rule was submitted electronically to interested

parties for a thirty day review and comment period. A copy ofthe draft rule was

also posted on Ohio EPA's website with a notice requesting comments. A list of

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 Cheryl Newton U.S. EPA Region 5 Air

and Radiation Director.

(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 or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

Not Applicable

(D) If this 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
Article IV

Attachment C

JCARR Agenda
JOINT COMMITTEE ON AGENCY RULE REVIEW

Agenda - 12/5/2011 - 1:30 P.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

FYR? Rule Number

Yes

Action Rule Title

Survey visits, reports, and response by the administrator of a 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 of control of a program.

Change of control of a program.

Procedure for board determination of a program's status.

Requirements for seeking conditional approval.

Organization and administration of the program.

Qualifications of administrative, faculty, and instructional personnel for a registered

nursing education program.

Qualifications of administrative, 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 for a registered nursing education program.

Amendment Original Filing Yes 4723-5-15 Evaluation plan of the program.

Amendment Original Filing Yes 4723-5-16 Board approval of a curriculum revision.

Amendment Original Filing Yes 4723-5-17 Program contractual relationships.

Amendment Original Filing Yes 4723-5-20 Responsibilities of faculty 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 South High Street- Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page 1- 121512011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 - 1:30 P.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 of faculty 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 for foreign 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 of a medication aide certificate.

JCARR 77 South High Street- Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 2·121512011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY 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 personally furnishing drugs and therapeutic devices.

Standards of prescribing for nurses with a certificate to prescribe.

Standards and procedures for review of OARRS.

Rule Title

Payment of hospital inpatient services.

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 of Workers' 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 of Workers' Compensation'

Total Rules: 1 Original Filing Date: 10/14/2011 Jurisdiction Ends: 12/18/2011 Public Hearing: 11/15/2011

Rule Title

4123-6-08 Bureau fee schedule.

FYR? Rule Number

No

Rule Type Action

Amendment Original Filing

Bureau of Workers' 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 Payment for outpatient medication by self-insuring employer.

9 Counselor, Social Worker, and Marriage and Family Therapist Board'

8

JCARR 77 South H;gh Street- Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 3· 12/5/2011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011-1:30 P.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 of Aging'

Rule Number

4757-1-05

4757-9-05

Jurisdiction Ends: 12/10/2011 Public Hearing: 11/8/2011

Rule Title

Ucense fees.

Approval of continuing professional education programs required for renewal of

licenses and certificates of registration issued by the 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 of Aging'

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 of Agriculture'

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 of Agriculture'

FYR?

No

Rule Number

901-15-03

Rule Title

Services performed by the 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 of society facilities of employees to promote candidacy of

directors.

14 Department of Agriculture' 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 of Commerce' Division of Securities

JCARR 77 South High Street .. Concourse Level- Columbus, Ohio 43215" (614) 466~4086" www.jcarr.state.oh.us" Page 4" 121512011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 - 1:30 P.M.

Statehouse Hearing Room 121(William McKinley Room)

FINAL AGENDA

Jurisdiction Ends: 12/10/2011 Public Hearing: 11/14/2011

Rule Title

Establishing criteria for awarding the diploma with honors.

Community service learning special certification.

Rule for the provisions for the 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 Department of 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 Department of Job and Family Services· Division of Food Stamps

Jurisdiction Ends: 12/9/2011

Rule Title

Application for salesperson'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 of Job 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: member services.

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

JCARR 77 South High Street- Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 5· 121512011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 -1:30 P.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 of Job 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 of Job 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 of Job 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: provider services.

Children's buy-in program: program integrity - fraud and abuse, audits, reporting,

and record retention.

Children's buy-in program: quality review activities.

Children's buy-in program: quality assessment and performance improvement

(QAPI) program.

Children's buy-in program: marketing.

Children's buy-in program: member services.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page 6·121512011
FINAL AGENDA

JOlL"lT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 - 1:30 P.M.

Statehouse Hearing Room 121 (William McKinley Room)

FINAL AGENDA

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 member grievances 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 grant agreement 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: member cost-sharing obligations.

23 Department of Job 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 of Job 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

Rule Type Action FYR?

Amendment Original Filing

Rule Title

Eligible providers[except intermediate care facilities for the mentally retarded

(ICFs-MR) and medicaid contracting managed care plans (MCPs)].

25 Department of Job and Family Services· Division of Public Assistance

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 of Job and Family Services· Division of Public Assistance

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 of Job and Family Services· Division of Public Assistance

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, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us • Page 7· 121512011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 - 1:30 P.M.

Statehouse Hearing Room 121(William McKinley Room)

FINAL AGENDA

28 Department of Job 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 of Job and Familv Services' ODJFS Practices

Jurisdiction Ends: 12/18/2011 Public Hearing: 11/18/2011

Rule Title

Notices of enrollment, continued enrollment, or provider change denial for the

managed care plan controlled substances and member management program.

PACT notices.

State hearings: coordinated services program state hearing and notice

requirements.

Grounds for requesting a state hearing.

Continuation of benefits when a state hearing is requested.

Scheduling and attendance.

Implementation of the 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

of permit 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 Motor Vehicles

JCARR 77 South High Street· Concourse Level- Columbus, Ohio 43215- (614) 466-4086· www.jcarr.state.oh.us· Page 8· 1215/2011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 - 1:30 P.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 of title issued on power of attorney from a licensed motor vehicle 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 Ohio Athletic 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 schedule for 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 of commission 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 of medical personnel.

Amendment Original Filing Yes 3773-2-06 Length of scheduled 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 of rubber gloves.

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

JCARR 77 South High Street· Concourse Level- Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us. Page 9· 12/5/2011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 -1:30 P.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

Rule Ivoe Action FYR? Rule Number

Jurisdiction Ends: 12/18/2011 Public Hearing: 11/14/2011

Rule Title

Conditions for applying and the issuing of a professional boxing license.

Physical requirements.

Additional physical examination requirements.

Licensing a professional boxer from out of state.

Contract requirements and suspensions.

Glove specifications.

Number of 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

Trust as 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, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page 10·121512011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011-1:30 P.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 of classroom 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 of Administrative 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 of Administrative 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 of subcontract.

40 Pre-Qualification and Pre-Design of Public Improvements' Department of Administrative Services (Division of Public Works)

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 of construction manager at risk contract documents.

Form of design-build contract documents.

To Be Refiled

41 Department of Job 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

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 4664086· www.jcarr.state.oh.us·Page 11- 12/5/2011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 - 1:30 P.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 other eligible 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 of certificates of authorization under section 1713.03, Ohio

Revised Code.

Standards and Processes for Issuance of Certificate of Authorization Under

Section 1713.03, Ohio Revised Code.

Withdrawn

43 Department of Job and Family Services' Division of Food Stamps

Total Rules: 1 Original Filing Date: 11/29/2011 Date of Withdrawn 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 of Job and Family Services' Division of Social Services

Rule Type Action FYR?

Amendment Withdrawn Filing Yes

45 Ohio Environmental Protection Agency'

Total Rules: 1 Original Filing Date: 7/6/2011 Date of Withdrawn Filing: 11/15/2011 Jurisdiction Ends: Public Hearing: 811012011

Rule Number Rule Title

5101:2-49-05 Determination of the adoption assistance payment amount.

Date of Withdrawn Filing: 11/30/2011 Jurisdiction Ends: Public Hearing: 10/25/2011

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.

Permit to install application for class I composting facilities.

Additional criteria for approval of permit to install applications for class 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

JCARR 77 South High Street e Concourse Leve/~ Columbus, Ohio 43215· (614) 466-4086- www.jcarr.state.oh.us·Page 12· 1215/2011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011-1:30 P.M.

Statehouse Hearing Room 121 (William McKinley Room)

FINAL AGENDA

Public Hearing: 10/25/2011

Public Hearing: 10/25/2011

Closure of composting facilities.

Criteria for issuing or denying facility licenses.

Procedures for the licensing authority for reviewing and considering license

applications.

3745-27-47

3745-500-360

3745-500-130

3745-500-35

3745-500-50

3745-500-120

Date of Withdrawn 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 of the director

and board of health.

Signatures.

Procedures for issuing, denying, modifying, transferring, and revoking licenses and

permits to install.

Retention and distribution of authorizing documents - procedures for boards of

health and Ohio EPA.

Alteration to a solid waste permit to install.

Variances for solid waste facilities.

Exemptions from solid waste requirements.

Termination of a permit to install issued under Chapter 3734. of the Revised Code.

Causes for revoking a permit to install issued under Chapter 3734. of the Revised

Code.

Administrative change to a permit to 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 of Withdrawn 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 for solid waste facilities.

License applications, application procedures, and remittal of fees 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

JCARR 77 South High Street· Concourse Level- Columbus, Ohio 43215· (614) 466-4086· wwwJcarr.state.ohus. Page 13·12/5/2011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

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 of a 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 for closure.

New Rule Withdrawn Filing No 3745-503-20 Wording of financial assurance instruments.

48 Ohio Environmental Protection Agency·

Total Rules: 25 Original Filing Date: 9/23/2011 Date of Withdrawn 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 of operations 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 for approval, termination, revocation, and administrative

change of a class I composting facility permit to install.

New Rule Withdrawn Filing No 3745-560-102 Procedures for commencement of operations at class I composting facilities.

New Rule Withdrawn Filing No 3745-560-105 Alternative materials request for class 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 for class I composting facilities.

New Rule Withdrawn Filing No 3745-560-135 Closure requirements for class 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 for approval and termination of a class II composting facility registration.

New Rule Withdrawn Filing No 3745-560-202 Procedures for commencements of operations at class II composting facilities.

New Rule Withdrawn Filing No 3745-560-205 Alternative materials request for class II composting facilities.

New Rule Withdrawn Filing No 3745-560-210 Operational requirements for class II composting facilities.

New Ruie Withdrawn Filing No 3745-560-215 Record keeping requirements for class II composting facilities.

New Rule Withdrawn Filing No 3745-560-220 Compost distribution requirements for class II composting facilities.

JCARR 77 South High Street- Concourse Level- Columbus, Ohio 43215· (614) 466~4086· www.jcarr.state.oh.us·Page 14·12/5/2011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011 - 1:30 P.M.

Statehouse Hearing Room 121(William McKinley Room)

FINAL AGENDA

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 Compost quality 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 of Withdrawn 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 of operations at class 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 Compost sampling and testing requirements for class III composting facilities.

New Rule Withdrawn Filing No 3745-560-330 Compost quality 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 for approval and termination of a class IV composting facility registration.

New Rule Withdrawn Filing No 3745-560-402 Procedures for commencement of operations at class IV composting facilities.

New Rule Withdrawn Filing No 3745-560-410 Operational requirements for class 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 for class 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

Total Rules: 20 Original Filing Date: 1112912011 Date of Withdrawn Filing: 1113012011 Jurisdiction Ends: Public Hearing:

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.

JCARR 77 South High Street· Concourse Level- Columbus, Ohio 43215· (614) 466-4086- wwwJcarr.state.oh.us·Page 15·1215/2011
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

12/5/2011-1:30 P.M.

Statehouse Hearing Room 121(William McKinley Room)

FINAL AGENDA

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 of equivalent rank to directors,

Amendment Withdrawn Filing Yes 102:102-5-03 assistant directors, deputy directors, or divisions chiefs of state administrative

departments.

Amendment Withdrawn Filing Yes 102:102-5-06 Financial disclosure filing requirement; public officials sUbject to multiple filing

requirements; voluntary filers.

Amendment Withdrawn Filing Yes 102:102-5-07 Review of filed statements to determine compieteness.

Amendment Withdrawn Filing Yes 102:102-5-10 Deadlines; receipt of financial disclosure statements.

Amendment Withdrawn Filing Yes 102:102-5-11 Extensions.

Amendment Withdrawn Filing Yes 102:102-5-12 Payment of 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 pursuant to division (G)(1) of section 102.06 of the 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 of State

180 E. Broad St., 15th Floor

Columbu5,OH 43215

Mark Flanders, Director

legislative Service Commission

77 South High St., 9th Floor

Columbus,OH 43215

Larry Wolpert, Director

Joint Committee on Agency Rule 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 of the

Ohio Revised Code.

Package Number:

File Date and Time:

Confirmation Number:

FINAL FILE

86257

12/13/201108:33 AM

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

24
3

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.

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questions during the hearing. However, members

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21 (Thereupon, at 11:00 a.m. on November

22 15, 2011, the public hearing was adjourned.)

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1 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.

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DATED this 30th day of November, 2011.

JENNIFER L. PARISH, RPR

NOTARY PUBLIC-STATE OF OHIO

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My Commission Expires: November 23, 2014.