Stete of Ohio Environmental Protection Agency 

S.!!!!~ £? [)_R S·_. - ··---·- · --·--

Lazarus Government Center 

122 S. Front Street 

Columbus, Ohio 43215 

Mr. Bharat Mathur 

Acting Regional Administrator 

U.S. EPA Region V 

77 W. Jackson Blvd. 

Chicago, IL 60604 

TELE: (614) 644·30.20 FAX: (61 4) 644·31 84 

www.epa.state.oh.us 

RECEI\

APR 2lt 2005 

P.O. Box 1049 

Columbus, OH 43216·1049 

Re: Request for Approval of Ohio Administrative Code (OAC) Rule 3745-31-03 

Permit to Install Exemptions Rule Changes into the State Implementation Plan 

(SIP) 

Dear Mr. Mathur: 

In July, 2005, Ohio EPA promulgated amendments to OAC 3745-31-03 to modify several 

permanent exemptions and to add six new Permit-by-Rule (PBR) provisions. At this time, 

Ohio EPA is requesting U.S. EPA approval of these changes for incorporation into the SIP. 

The following documents are attached for your consideration per the requirements of 40 

CFR Part 51, Appendix V: 

This letter should meet the requirement in 40 CFR Part 51, Appendix V, Section 2.1 (a): a 

"formal letter of submittal from the Governor or his designee, requesting EPA approval of 

the plan or revision." 

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 issu?ince 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, 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." 

Bob Taft. Govemor 

Bruce Johnson, Lieutenant Governor 

Josep11 P. Koncelik, Director 

0 11io EPA is an Equal Opportunity Employer 
Mr. Bharat Mathur 

Page 2 

A certified copy of the rule in redline and strikeout which is being submitted for approval 

and incorporation by reference into the plan has been included as evidence that the State 

has adopted the body of regulations in final form. This submittal is a copy of the official 

State regulation 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 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 addresses the following requirement: 

A copy of the public notice and Director's Findings & Orders has been included as 

evidence of the date of adoption as well as the effective date of the regulations and 

evidence that public notice was given of the proposed change 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." 

A copy of Ohio Revised Code ("ORC") 3704.02(A)(2) and 3704.03(A), (E), and (F) has 

been included as evidence that the State has the necessary legal authority under State law 

to adopt and implement the plan. 

Article Four addresses the following 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." 
r 

! 

Mr. Bharat Mathur 

Page 3 

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(s) 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 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." 

A copy of the "Response to Comments" document has been included. 

We would appreciate if U.S. EPA would expedite the review of this material. Please 

contact Bob Hodanbosi if you have any questions about this submittal. 

osi, Chief Division of Air Pollution Control 

JK/rjc