SteteofOhio Environmental Protection Agency**S.!!!!~ £?** **[)_R S·_.** - ·· --- ·- · --·-- Lazarus Government Center 122 S. Front Street Co lu mbus, Ohio 432 15
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 1 049 Columbus, O H 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 ofthese 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 ind ication 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 ind icating 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 Governo r Josep 1 1 P

. Kon celik, Director 0 11io E PA is an E qual Opportunity E mployerMr. 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