# Article IV
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 (Attachment A). Ohio EPA fully complied with the requirements of this 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 priorto the date setfor a hearing.
Ohio's electronic rule filing system automatically posts public notices in the Ohio Registerwhen rules are proposed. As can be viewed by the Public Hearing notice (Attachment F), the Public Hearing notice was placed in the Ohio Register on May 1,2007. Ohio EPA held a public hearing on June 8,2007 in Columbus, Ohio. This hearing was held 38 days afterthe 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 Registerof Ohio, Ohio EPA also placed an advertisement in the major newspaper in major newspapers throughout the state (Attachment C).
2. ORC 119.03(8): The required materials must be filed with the secretary of state and the directorof the legislative service commission ("LSC").
Ohio's electronic filing system automatically generates a letterwhen all the required elements have been uploaded on the system and the package is proposed. This letter is included (Attachment D).
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. The rule's RSFAs are included (Attachment E).
3. ORC 119.03(C): Conduct public hearings as advertised.
Ohio EPA conducted the public hearing as identified in the Public Hearing notice. We have provided a copy of the hearing's transcript as evidence in Article Five.
4. ORC 119.03(0): Afterthe period of time when legislative review and invalidation may occurexpires, the agency may issue an order adopting the rule.
The Joint Committee on Agency Rule Review (JCARR) oversees agency rule making in Ohio. Hearings for Rules 3745-110-01 through 3745-110-05 were held with JCARR on November 13, 2007 and December 3,2007, where these rules were placed on the consent agenda (Attachment G). No testimony, questions or invalidation of these rules occurred during this hearing. JCARR jurisdiction expired on December 8, 2007 for Rules 3745-110-01 through 3745- 110-05 as evidenced by the JCARR consent agenda.

### Ohio EPA issued the orderto adopt rules 3745-110-01 through 3745-110-05 on December 12, 2007, 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 letterof notice (Attachment H).
5. ORC 119.03(E): Provide notice to public priorto effective date of rule.
Ohio EPA provided an update of the adoption of the rule through the Ohio EPA website, the Register of Ohio, and through an e-mail notice to all interested parties on December 12, 2007 for Rules 3745-110-01 through 3745-110-05 (Attachment I).
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 (Attachment B). Ohio EPAfully complied with the requirements ofthis law and has provided evidence on the major requirements below:
1. ORC 121.39(B): Legislation dealing with the environment must be accompanied by a statement identifying if it is necessaryto complywith 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 ofthe State's electronic rule filing system (Attachment E). The questions are intended to address the items in ORC 121.39. As evidenced in Question 6 of the RSFA documents and item (C) of the ERAFfor the rule, Ohio EPA stated the adoption ofthis rule, or a version as stringent as, is required by U.S. EPA. The RSFA documents also contain a section entitled "Fiscal Analysis" which addresses potential costs. Our responses met the requirements of this law as evidenced in the consent by JCARR who reviews these documents.
2. ORC 121.39(0): Priorto adopting any environmental rule, the agency must consult with interested parties, consider all documentation relevant to the need forthe rule making, identify any need to adopt in orderto maintain approval to administer a federal environmental law, and it must include an RSFA.
On July 24,2006 Ohio EPA notified interested parties via e-mail (Attachment J) of the draft rule language. We provided a 30-day comment period (closing August 23,2006). The interested parties list included Ohio EPA, DAPC's general rule making list (Attachment J).
As evidenced in item (C) of the ERAF for each rule, Ohio EPA stated the adoption of this rule is required in orderto maintain approval to administer a federal environmental law.
As evidenced in item (A) of the ERAF for each rule, Ohio EPA identified that it considered all documentation relevant to the need forthe rule making and identified those documents in list form.

# Article IV
Attachment A

ORC 119.03

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# 119.03 Procedure for adoption, amendment, or rescission of rules.

In the adoption, amendment, or rescission of any rule, an agency shall comply with the following procedure:
(A) Reasonable public notice shall be given in the register of Ohio at least thirty days prior to the date set for a hearing, in the form the agency determines. The agency shall file copies of the public notice under division (6) of this section. (The agency gives public notice in the register of Ohio when the public notice is published in the register underthat division.)

The public notice shall include:
(1) A statement of the agency's intention to consider adopting, amending, or rescinding a rule;
(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matterto which the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule;
(4) The date, time, and place of a hearing on the proposed action, which shall be not earlier than the thirty-first nor later than the fortieth day after the proposed rule, amendment, or rescission is filed under division (6) ofthis section.

In addition to public notice given in the register of Ohio, the agency may give whatever other notice it reasonably considers necessary to ensure notice constructively is given to all persons who are subject to or affected by the proposed rule, amendment, or rescission.

The agency shall provide a copy of the public notice required under division (A) of this section to any person who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing.
(6) The full text of the proposed rule, amendment, or rule to be rescinded, accompanied by the public notice required under division (A) of this section, shall be filed in electronic form with the secretary of state and with the director of the legislative service commission. 

### (If in compliance with this division an agency files more than one proposed rule, amendment, or rescission at the same time, and has prepared a public notice under division (A) of this section that applies to more than one of the proposed rules, amendments, or rescissions, the agency shall file only one notice with the secretary of state and with the director for all of the proposed rules, amendments, or rescissions to which the notice applies.) The proposed rule, amendment, or rescission and public notice shall be filed as required by this division at least sixty-five days prior to the date on which the agency, in accordance with division (D) ofthis section, issues an order adopting the proposed rule, amendment, or rescission.



### If the proposed rule, amendment, or rescission incorporates a text or other material by reference, the agency shall comply with sections 121.71 to 121.76 ofthe Revised Code.

The proposed rule, amendment, or rescission shall be available for at least thirty days prior to the date



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of the hearing at the office of the agency in printed or other legible form without charge to any person affected by the proposal. Failure to furnish such text to any person requesting it shall not invalidate any action ofthe agency in connection therewith.

If the agency files a substantive revision in the text of the proposed rule, amendment, or rescission under division (H) of this section, it shall also promptly file the full text of the proposed rule, amendment, or rescission in its revised form in electronic form with the secretary of state and with the director ofthe legislative service commission.

The agency shall file the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission or proposed rule, amendment, or rescission in revised form that is filed with the secretary of state or the director ofthe legislative service commission.

The director of the legislative service commission shall publish in the register of Ohio the full text of the original and each revised version of a proposed rule, amendment, or rescission; the full text of a public notice; and the full text of a rule summary and fiscal analysis that is filed with the director under this division.
(C) On the date and at the time and place designated in the notice, the agency shall conduct a public hearing at which any person affected by the proposed action of the agency may appear and be heard in person, by the person's attorney, or both, may present the person's position, arguments, or contentions, orally or in writing, offer and examine witnesses, and present evidence tending to show that the proposed rule, amendment, or rescission, if adopted or effectuated, will be unreasonable or unlawful. An agency may permit persons affected by the proposed rule, amendment, or rescission to present their positions, arguments, or contentions in writing, not only at the hearing, but also for a reasonable period before, after, or both before and after the hearing. A person who presents a position or arguments or contentions in writing before or after the hearing is not required to appear at the hearing.

At the hearing, the testimony shall be recorded. Such record shall be made at the expense of the agency. The agency is required to transcribe a record that is not sight readable only if a person requests transcription of all or part of the record and agrees to reimburse the agency for the costs of the transcription. An agency may require the person to pay in advance all or part of the cost of the transcription.

In any hearing underthis section the agency may administer oaths or affirmations.
(D) After complying with divisions (A), (6), (C), and (H) of this section, and when the time for legislative review and invalidation under division (I) of this section has expired, the agency may issue an order adopting the proposed rule or the proposed amendment or rescission of the rule, consistent with the synopsis or general statement included in the public notice. At that time the agency shall designate the effective date of the rule, amendment, or rescission, which shall not be earlier than the tenth day after the rule, amendment, or rescission has been filed in its final form as provided in section 119.04 ofthe Revised Code.
(E) Prior to the effective date of a rule, amendment, or rescission, the agency shall make a reasonable



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effort to inform those affected by the rule, amendment, or rescIssion and to have available for distribution to those requesting it the full text ofthe rule as adopted or as amended.
(F) If the governor, upon the request of an agency, determines that an emergency requires the immediate adoption, amendment, or rescission of a rule, the governor shall issue an order, the text of which shall be filed in electronic form with the agency, the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review, that the procedure prescribed by this section with respect to the adoption, amendment, or rescission of a specified rule is suspended. The agency may then adopt immediately the emergency rule, amendment, or rescission and it becomes effective on the date the rule, amendment, or rescission, in final form and in compliance with division (A)(2) of section 119.04 ofthe Revised Code, are filed in electronic form with the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review. If all filings are not completed on the same day, the emergency rule, amendment, or rescission shall be effective on the day on which the latest filing is completed. The director shall publish the full text ofthe emergency rule, amendment, or rescission in the register of Ohio.

The emergency rule, amendment, or rescission shall become invalid at the end ofthe ninetieth day it is in effect. Prior to that date the agency may adopt the emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission by complying with the procedure prescribed by this section for the adoption, amendment, and rescission of nonemergency rules. The agency shall not use the procedure of this division to readopt the emergency rule, amendment, or rescission so that, upon the emergency rule, amendment, or rescission becoming invalid under this division, the emergency rule, amendment, or rescission will continue in effect without interruption for another ninety-day period, except when division (I)(2)(a) of this section prevents the agency from adopting the emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission within the ninety-day period.

This division does not apply to the adoption of any emergency rule, amendment, or rescission by the tax commissioner under division (C)(2) of section 5117.02 of the Revised Code.
(G) Rules adopted by an authority within the department of job and family services for the administration or enforcement of Chapter 4141. of the Revised Code or of the department of taxation shall be effective without a hearing as provided by this section ifthe statutes pertaining to such agency specifically give a right of appeal to the board of tax appeals or to a higher authority within the agency or to a court, and also give the appellant a right to a hearing on such appeal. This division does not apply to the adoption of any rule, amendment, or rescission by the tax commissioner under division (C)(1) or (2) of section 5117.02 of the Revised Code, or deny the right to file an action for declaratory judgment as provided in Chapter 2721. of the Revised Code from the decision of the board of tax appeals or of the higher authority within such agency. (H) When any agency files a proposed rule, amendment, or rescIssion under division (6) of this section, it shall also file in electronic form with the joint committee on agency rule review the full text of the proposed rule, amendment, or rule to be rescinded in the same form and the public notice required under division (A) of this section. (If in compliance with this division an agency files more than one proposed rule, amendment, or rescission at the same time, and has given a public notice under division (A) of this section that applies to more than one ofthe proposed rules, amendments, or rescissions, the agency shall file only one notice with the joint committee for all of the proposed rules,



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amendments, or rescissions to which the notice applies.) 

### Ifthe agency makes a substantive revision in a proposed rule, amendment, or rescission after it is filed with the joint committee, the agency shall promptly file the full text of the proposed rule, amendment, or rescission in its revised form in electronic form with the joint committee. The latest version of a proposed rule, amendment, or rescission as filed with the joint committee supersedes each earlier version of the text of the same proposed rule, amendment, or rescission. An agency shall file the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission, and along with a proposed rule, ameAdment, or rescission in revised form, that is filed under this division.

This division does not apply to:
(1) An emergency rule, amendment, or rescission;
(2) Any proposed rule, amendment, or rescission that must be adopted verbatim by an agency pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue the operation of a federally reimbursed program in this state, so long as the proposed rule contains both of the following:
(a) A statement that it is proposed for the purpose of complying with a federal law or rule;
(b) A citation to the federal law or rule that requires verbatim compliance.

If a rule or amendment is exempt from legislative review under division (H)(2) of this section, and if the federal law or rule pursuant to which the rule or amendment was adopted expires, is repealed or rescinded, or otherwise terminates, the rule or amendment, or its rescission, is thereafter subject to legislative review under division (H) ofthis section.
(1)(1) The joint committee on agency rule review may recommend the adoption of a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof if it finds any of the following:
(a) That the rule-making agency has exceeded the scope of its statutory authority in proposing the rule, amendment, or rescission;
(b) That the proposed rule, amendment, or reSCISSion conflicts with another rule, amendment, or rescission adopted by the same or a different rule-making agency; (c) That the proposed rule, amendment, or rescission conflicts with the legislative intent in enacting the statute under which the rule-making agency proposed the rule, amendment, or rescission;
(d) That the rule-making agency has failed to prepare a complete and accurate rule summary and fiscal analysis of the proposed rule, amendment, or rescission as required by section 121.24 or 127.18 of the Revised Code, or both, or that the proposed rule, amendment, or rescission incorporates a text or other material by reference and either the rule-making agency has failed to file the text or other material incorporated by reference as required by section 121.73 ofthe Revised Code or, in the case of a proposed rule or amendment, the incorporation by reference fails to meet the standards stated in



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The joint committee shall not hold its public hearing on a proposed rule, amendment, or rescission earlier than the forty-first day after the original version of the proposed rule, amendment, or rescission was filed with the joint committee.

The house of representatives and senate may adopt a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof. The concurrent resolution shall state which of the specific rules, amendments, rescissions, or parts thereof are invalidated. A concurrent resolution invalidating a proposed rule, amendment, or rescission shall be adopted not later than the sixty-fifth day after the original version of the text of the proposed rule, amendment, or rescission is filed with the joint committee, except that if more than thirty-five days after the original version is filed the rule-making agency either files a revised version of the text of the proposed rule, amendment, or rescission, or revises the rule summary and fiscal analysis in accordance with division (1)(4) of this section, a concurrent resolution invalidating the proposed rule, amendment, or rescission shall be adopted not later than the thirtieth day after the revised version of the. proposed rule or rule summary and fiscal analysis is filed. 

### If, after the joint committee on agency rule review recommends the adoption of a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof, the house of representatives or senate does not, within the time remaining for adoption of the concurrent resolution, hold five floor sessions at which its journal records a roll call vote disclosing a sufficient number of members in attendance to pass a bill, the time within which that house may adopt the concurrent resolution is extended until it has held five such floor sessions.

Within five days after the adoption of a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof, the clerk of the senate shall send the rule-making agency, the secretary of state, and the director of the legislative service commission in electronic form a certified text of the resolution together with a certification stating the date on which the resolution takes effect. The secretary of state and the director ofthe legislative service commission shall each note the invalidity of the proposed rule, amendment, rescission, or part thereof, and shall each remove the invalid proposed rule, amendment, rescission, or part thereof from the file of proposed rules. The rule-making agency shall not proceed to adopt in accordance with division (D) of this section, or to file in accordance with division (6)(1) of section 111.15 of the Revised Code, any version of a proposed rule, amendment, rescission, or part thereof that has been invalidated by concurrent resolution.

Unless the house of representatives and senate adopt a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof within the time specified by this division, the rule-making agency may proceed to adopt in accordance with division (D) of this section, or to file in accordance with division (6)(1) of section 111.15 of the Revised Code, the latest version of the proposed rule, amendment, or rescission as filed with the joint committee. 

### If by concurrent resolution certain of the rules, amendments, rescissions, or parts thereof are specifically invalidated, the rule-making agency may proceed to adopt, in accordance with division (D) of this section, or to file in accordance with division (6)(1) of section 111.15 of the Revised Code, the latest version of the proposed rules, amendments, rescissions, or parts thereof as filed with the joint committee that are not specifically invalidated. The rule-making agency may not revise or amend any proposed rule, amendment, rescission, or part thereof that has not been invalidated except as provided in this chapter or in section 111.15 ofthe Revised Code.



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(2)(a) A proposed rule, amendment, or rescission that is filed with the joint committee under division (H) of this section or division (D) of section 111.15 of the Revised Code shall be carried over for legislative review to the next succeeding regular session of the general assembly if the original or any revised version of the proposed rule, amendment, or rescission is filed with the joint committee on or after the first day of December of any year. (b) The latest version of any proposed rule, amendment, or rescission that is subject to division (1)(2) (a) of this section, as filed with the joint committee, is subject to legislative review and invalidation in the next succeeding regular session of the general assembly in the same manner as if it were the original version of a proposed rule, amendment, or rescission that had been filed with the joint committee for the first time on the first day of the session. A rule-making agency shall not adopt in accordance with division (D) of this section, or file in accordance with division (6)(1) of section 111.15 of the Revised Code, any version of a proposed rule, amendment, or rescission that is subject to division (1)(2)(a) of this section until the time for legislative review and invalidation, as contemplated by division (1)(2)(b) ofthis section, has expired.
(3) Invalidation of any version of a proposed rule, amendment, reSCISSion, or part thereof by concurrent resolution shall prevent the rule-making agency from instituting or continuing proceedings to adopt any version of the same proposed rule, amendment, rescission, or part thereof for the duration of the general assembly that invalidated the proposed rule, amendment, rescission, or part thereof unless the same general assembly adopts a concurrent resolution permitting the rule-making agency to institute or continue such proceedings.

The failure of the general assembly to invalidate a proposed rule, amendment, reSCISSion, or part thereof underthis section shall not be construed as a ratification ofthe lawfulness or reasonableness of the proposed rule, amendment, rescission, or any part thereof or of the validity of the procedure by which the proposed rule, amendment, rescission, or any part thereof was proposed or adopted.
(4) In lieu of recommending a concurrent resolution to invalidate a proposed rule, amendment, rescission, or part thereof because the rule-making agency has failed to prepare a complete and accurate fiscal analysis, the joint committee on agency rule review may issue, on a one-time basis, for rules, amendments, rescissions, or parts thereof that have a fiscal effect-on school districts, counties, townships, or municipal corporations, a finding that the rule summary and fiscal analysis is incomplete or inaccurate and order the rule-making agency to revise the rule summary and fiscal analysis and refile it with the proposed rule, amendment, rescission, or part thereof. 

### If an emergency rule is filed as a nonemergency rule before the end of the ninetieth day of the emergency rule's effectiveness, and the joint committee issues a finding and orders the rule-making agency to refile under division (1)(4) of this section, the governor may also issue an order stating that the emergency rule shall remain in effect for an additional sixty days after the ninetieth day of the emergency rule's effectiveness. The governor's orders shall be filed in accordance with division (F) of this section. The joint committee shall send in electronic form to the rule-making agency, the secretary of state, and the director of the legislative service commission a certified text of the finding and order to revise the rule summary and fiscal analysis,_which shall take immediate effect.

An order issued under division (1)(4) of this section shall prevent the rule-making agency from instituting or continuing proceedings to adopt any version of the proposed rule, amendment, rescission, or part thereof until the rule-making agency revises the rule summary and fiscal analysis



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and refiles it in electronic form with the joint committee along with the proposed rule, amendment, rescission, or part thereof. If the joint committee finds the rule summary and fiscal analysis to be complete and accurate, the joint committee shall issue a new order noting that the rule-making agency has revised and refiled a complete and accurate rule summary and fiscal analysis. The joint committee shall send in electronic form to the rule-making agency, the secretary of state, and the director of the legislative service commission a certified text of this new order. The secretary of state and the director of the legislative service commission shall each link this order to the proposed rule, amendment, rescission, or part thereof. The rule-making agency may then proceed to adopt in accordance with division (D) ofthis section, or to file in accordance with division (6)(1) of section 111.15 of the Revised Code, the proposed rule, amendment, rescission, or part thereof that was subject to the finding and order under division (1)(4) of this section. If the joint committee determines that the revised rule summary and fiscal analysis is still inaccurate or incomplete, the joint committee shall recommend the adoption of a concurrent resolution in accordance with division (1)(1) ofthis section.

Effective Date: 09-17-2002



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# Article IV
Attachment B

ORC 121.39

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# 121.39 Identifying documentation that is basis for legislation dealing with environmental protection.

(A) As used in this section, "environmental protection" means any ofthe following:
(1) Protection of human health or safety, biological resources, or natural resources by preventing, reducing, or remediating the pollution or degradation of air, land, or water resources or by preventing or limiting the exposure of humans, animals, or plants to pollution;
(2) Appropriation or regulation of privately owned property to preserve air, land, or water resources in a natural state orto wholly or partially restore them to a natural state;
(3) Regulation of the collection, management, treatment, reduction, storage, or disposal of solid, hazardous, radioactive, or other wastes;
(4) Plans or programs to promote or regulate the conservation, recycling, or reuse of energy, materials, or wastes.
(6) Except as otherwise provided in division (E) of this section, when proposed legislation dealing with environmental protection or containing a component dealing with environmental protection is referred to a committee of the general assembly, other than a committee on rules or reference, the sponsor of the legislation, at the time of the first hearing of the legislation before the committee, shall submit to the members of the committee a written statement identifying either the documentation that is the basis of the legislation or the federal requirement or requirements with which the legislation is intended to comply. If the legislation is not based on documentation or has not been introduced to comply with a federal requirement or requirements, the written statement from the sponsor shall so indicate.

Also at the time of the first hearing of the legislation before the committee, a statewide organization that represents businesses in this state and that elects its board of directors may submit to the members of the committee a written estimate of the costs to the regulated community in this state of complying with the legislation if it is enacted.

At any hearing of the legislation before the committee, a representative of any state agency, environmental advocacy organization, or consumer advocacy organization or any private citizen may present documentation containing an estimate of the monetary and other costs to public health and safety and the environment and to consumers and residential utility customers, and the effects on property values, ifthe legislation is not enacted.
(C) Until such time as the statement required under division (6) of this section is submitted to the committee to which proposed legislation dealing with environmental protection or containing a component dealing with environmental protection was referred, the legislation shall not be reported by that committee. This requirement does not apply if the component dealing with environmental protection is removed from the legislation or if two-thirds of the members of the committee vote in favor of a motion to report the proposed legislation.



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(D) Except as otherwise provided in division (E) of this section, prior to adopting a rule or an amendment proposed to a rule dealing with environmental protection or containing a component dealing with environmental protection, a state agency shall do all of the following:
(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 amendment;
(3) Specifically identify whether the proposed rule or 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 amendment is more

.stringent than its federal counterpart, and, if the proposed rule or amendment is more stringent, the

rationale for not incorporating its federal counterpart;
(4) Include with the proposed rule or amendment and the rule summary and fiscal analysis required under sections 121.24 and 127.18 of the Revised Code, when they are filed with the joint committee on agency rule review in accordance with division (D) of section 111.15 or division (H) of section 119.03 ofthe Revised Code, one ofthe following in electronic form, as applicable:
(a) The information identified under division (D)(3) of this section and, if the proposed rule or amendment is more stringent than its federal counterpart, as identified in that division, the documentation considered under division (D)(2) ofthis section;
(b) If an amendment proposed to a rule is being adopted or amended under a state statute that establishes standards with which the amendment shall comply, and the proposed amendment is more stringent than the rule that it is proposing to amend, the documentation considered under division (D) (2) ofthis section;
(c) If division (D)(4)(a) or (b) of this section is not applicable, the documentation considered under division (D)(2) ofthis section.

If the agency subsequently files a revision of such a proposed rule or amendment in accordance with division (D) of section 111.15 or division (H) of section 119.03 of the Revised Code, the revision shall be accompanied in electronic form by the applicable information or documentation.

Division (D) of this section does not apply to any emergency rule adopted under division (6)(2) of section 111.15 or division (F) of section 119.03 of the Revised Code, but does apply to any such rule that subsequently is adopted as a nonemergency rule under either ofthose divisions.

The information or documentation submitted under division (D)(4) of this section may be in the form of a summary or index of available knowledge or information and shall consist of or be based upon the best available generally accepted knowledge or information in the appropriate fields, as determined by the agency that prepared the documentation.
(E) The statement required under division (6) and the information or documentation required under



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division (D) of this section need not be prepared or submitted with regard to a proposed statute or rule, or an amendment to a rule, if the statute, rule, or amendment is procedural or budgetary in nature, or govems the organization or operation of a state agency, and will not affect the substantive rights or obligations of any person other than a state agency or an employee or contractor of a state agency. (F) The insufficiency, incompleteness, or inadequacy of a statement, information, documentation, or a summary of information or documentation prOVided in accordance with division (6) or (0) of this section shall not be grounds for invalidation of any statute, rule, or amendment to a rule.
(G) This section applies only to the following:
(1) Legislation and components of legislation dealing with environmental protection that are introduced in the general assembly after March 

### 5, 1996;
(2) Rules and**~ule** amendments dealing. with environmental protection that are filed with the joint committee on agency rule review in accordance with division (0) of section 

### 111.15 or division (H) of section 

### 119.03 ofthe Revised Code after March 

### 5, 1996.

Effective Date: 

### 04-01-2002



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# Article IV
Attachment 

# C Newspaper Notices

# DaytonDailyNews
AFFIDAVIT OFPUBLICATION P.O. Box 643080 Cincinnati, OR45264-3080 937-225-2107 

# omo EPA DENISE PEEPLES PO BOX 1049 COLUMBUS, OR43216

STATE OF OHIO



# g**9~206** ${ujs.10 $0.00 Invoice No. Ad Cost Paid Before me, the undersigned, a Notary public in and for said County, personally came Tina Kimball who being first duly sworn says he/she is the Legal Advertising Agent ofthe Dayton Daily News, which he/she says is a newspaperofgeneral circulation in Montgomery, Clark, Warren, Butler, Clinton, Greene, Preble, Miami, Darke, Mercer, Shelby. Fayette, Logan, Hamilton, Clermont, Auglaize, and Champaign Counties, and State ofOhio, and he/she further says thatthe Legal Advertisement, a copy ofwhich is hereunto attached, has been published in the said Dayton Daily News 77 Lines, 1 Time(s), last day of publication being 5/4/2007, and he/she further says that the bona fide daily paid circulation ofthe said Dayton Daily News was over (25000) at the time the said advertisementwas published, and that the price charged for same does not exceed the rates charged on annual contract for the like amount of space to other advertisers in the general display advertising columns.

Due $408.10

MyCommissionErpilesJuly4,

### 2010 Public HeartncNotte. Ohfa Envlronmentrd Protection Apncy Proposed n.wOAC 01111'« 3745·'10 "Nitrogen

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Signed

Sworn or affirmed to, and subscribed before me, this 5/8/2007. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid.

### Ad 10 

### 9076206 -.. J, I'

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### Date 

### (08/16/200,_7

__.....1

Publll: lIearillSIlolice 0010**~nV\rOl\{leatal PIt)\~lon**  A@!acy PIDlJ09Hl Dew OAe**Cllll~a745-710** -NItIq:eD OXllles-1l8Uotl8 Available COlIuolTecbMll •



### Ad shown Is notactual printsize T:me

# iQ'''L' '\ J**lv~,",** I**~~j'i**

## STATE OF OHIO, FRANKLINCOUNTY. SS:

May4, 2007**l1nif;'{!~** ,**coilf~,**

# ~'~r'-: 

# ",E'
Leoltliiil:lliS 'Ohi(j;'- '\**,~;** i':":-. Puri"uMfW'J1?8ft'1i"lifTiUel of**t1ie'-Clean~f'-~'Qhio** ,'EPA**is'illqU~t6'~bltSb**

### ,~f~Jrnn:~:rJ:~~'**.~~~~i?'f.the:~!ionlil_** aiDbienti 'au:Squalit;y

..stan. dards,(NAA.'QSl. The'above mentioned,mlei!**~re** a part , ofOhio:5 SIP and the

# fro-'**pose~** amendments"wil '_be sUbmittecl-iIo"iUSEPA,u-'a nio1liIlcallonortheSIP.!J:b.e :Wove mentioned ,bearing. shall be coosidered' _the public bearing'for the SIP submittal. All interested ,persons are**e.ntltled,to-a~nd_or** be reP'" resented attliebellnngand give written or oral com· meDts on these'role chang· L es. All oral commenlS pre- sented.atthe hearing; ani1

. aILwtitten!tatemenW

mitted atther.hearlng or"'by the close

-of',bu!mess on June 8, 2OO'l.willbeconsUl" ered by Ohio EPA_Fl_or II) final actioll ou thIS 'rule, Written statements_submit· I ted'anerJune 8. 2007. may I, be considered as time ane! 1\clr-::umstauces permit. bui 

### i wili notbe part or the offi·

, cinlrecord ofthe**bcari~. Th~,~**  ruler an' available,

,... "-._ '17

.. ·,,1.**7'I~Cf.. ~n"** **""1~('~** : ... ' 

## VERON1CAH-. HIll NOTARYPUBUC.STATEOFOHIO-

_ MYCOMMISSIONEXPIRESNOVEMBER6.

### 200~ 

## andthattherate chargedtherefore is the same as thatchargedfor commercial advertising for like services. 

# RECEIVED OHIO EPA 

# ZDGlHAY30 PH 2: 52 

# LEGAL OFFICE
THECOLUMBUS DISPATCH PROOF OFPUBLICATION

CarlaDaniel ClassifiedSales Manager

The Columbus Dispatch, anewspaperpublished at Columbus, FranklinCounty, Ohio, witha daily paidcirculationofmore than25,000 copies, personally appearedandmade oaththatthe notice ofwhich a true copyis

.hereunto attached
was publishedinThe Columbus Dispatchfor 1 Time(s) on

subscribed and Swornonthis 8thday ofMay 2007 as witness myhand and seal ofoffice. 

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# l/v(A~~~, 

# 'W
NOTARYPUBLIC

- STATEOF OHIO

# State of Ohio 55. CuyahogaCounty J, JOYCE LUZIER, being duly sworn, do upon my oath, depose and say that I am a CUSTOMER SERVICE REPRESENTATIVE ofThe Plain DealerPublishingcompany, publisherofThe Plain Dealer, anewspaperprinted in saidcounty, and general circulation in Ashtabula, Geauga, Lake, Lorain, Medina, Portage, Summitand Trumbull counties, in addition to saidcounty; the requirements of Section7/12 ofthe RevisedCode ofOhio as amended September 14, 1957, relatingto publication and distnbution are fulfilled by saidnewspaper; andthe advertisement attached was publishedin said newspaperon the following day, ordays in a type size larger than agate. Insertion dates 

### as follows:

Swornto and subscribedbefore me this day of 

### 20

## .....;,1;...7~__

NotaryPublic Brenda G. Jordan Notary Public, State ofOhio Recorded in Cuyahoga County My Commission Expires**09/~4/11**\\1111/111//

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# BLADE**Dbladeocom~** ..,......"

# .."'

# .......,""',..._.,

............ Toledo, Ohio 43660 

### Classified: 419-724-6500 FAX:419-724-6438

.General: 419-724-6000



# -

Price: $

### 724.10 Ad

### # 00190184 Dep1h: 11.750

## AFFIDAVIT OF PUBLICATION STATE OF OHIO, LUCAS COUNTY}SS

. 

# •
dver1iserName: OHIO EPA LEGALS HEARING CLERK
Account# 411543


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# ':? t'1' N Run 

### dates: 5/41x Classification 0010 -Legal Notices C1' 

### I, 

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# Y beingfirstdulysworn, make

## oaIhand·srr;that 1am anAdvertising Clerkinthe en;tployofTheTOLEDO BLADE CO., the publishers ofTHE BLADE, that I personallyknowthe facts herein stated, that said BLADE is adaily newspaperprinted, and ofgeneral circulation in excessof15,000, in said County, and in said State, and thatthe notice ofwhich the belowis atrue copyofthetext, was published in said Daily BLADE according tothe above run schedule.

,A.D. 2007 day of 

# /21tL.y Subscribed in my presence and sworn to before methis 

# )'11I--**",\,'~I P"I,,~** 

# k~~7/~~ BONNIE SUE CURRY

# (~ !G :* i*2NotaIy Public, StateofOhlo'---

__

### --->.,~~~""-='""'""----<cL~-~--"-___jr__--- 

## \, .J,/CommissionExpires

# 1o-~4-2010 Notary Public, State ofOhio**,,~t ~~**  

## , ,,9.f.•• Legal Proof:

PubIlc HeoIfng Nollce 1n1emal combus1Ion and gl¥e WIIlIen or oral Ohio Envlronmenlol engines). In oddI1Ion. the commenls on these rvIe Protecllon Ageocy rules wtD opplystate-wfde to changes. All oral commenls Proposednew OAC OIlY Iw!!N or modlied pre;ented ot the heal1ng, OKJpter 3745-110 sourceG Issued 0 permll-to- and all WIIlIen stotemenls ANIIrogen Oxides

- InstoD ofterJanuary 1. 2007. submllted ot the heartng or ReosonOblvAvallable Pursuanl III 5edIon 121.39 of by the dose of business on ControlTechnaIogyO. the OhIo ReYlsed Code. June 8. 2007, will be Nolice Is hereby gI¥en 1hot DAPC was required to consldeled byOhIo EPAprior the Ohio Environmenlol consult wtth Interested 10 final aellon on this rule. Protedlon Agency, DIvIsIon 6f parties affected by the rules Wr1tlen stalemenls AJr Poliuflon COnlrol (DAPC! before the dMsion formally submllted after June 8, proposes the following new proposes them. On July 24. 2007, maybe consfdered as rules In the OhIO 2006, these rules went out l1me and drcumstonces Admlnlslrotl¥eCode IOAq: for a 30 day revfew by permlf, butwtIl nolbe part of 1.OAC rule 3745-110-01 Interested par1ies. the oflldaJ record of the lDelinltfonsl; Pursuanl III Secllon 119.03 of hearing. 2.0AC rule 3745-110-02 the Ohio RevIsed Code. a These rules are ovallable on lAppIlcabilltyJ; public hearing on these rule the web page for eIec1ronlC 3.0AC rule 3745·110-03 changes will be conducted downloadJng by dicldng on [RACT requirements and/or on Fiklay. June 8, 2007 ot AregulottonsO under the IImttations for emJssIons of 10:00 o.m. in conference AloplcsO drop-down box. NOx from stotionary room 6A ot Ohio EPA. The URI. Is: sourCl!Sl; lazarus Government center, http://www.epa.stote.oh.usI 4.0AC rule**3745-11~** SO West Town Street, dapclregslregs.htmJ. (Compllonce deadlines]; and Columbus, Ohio. Questlons regordlng 5.0AC rule 3745-110-05 Pursuanllo Port 0 ofntle I of occessing the web site [Compliance melhodsl. the Clean AJrAd. OhIo EPAIs shouldbe directedto Arunee The proposed new rules required to establish a state NJomIorb at 614-728-1342; underOACChapter3745-110 Jmplementa"on plan (SIP) for other quesffons or wtW opply to the eight !he attotnment and comments about these rules AmoderateO non- main1enallCe ofthe nottonal should be directed to Alan ottoinmenl counties located ambient air. quollly Harness al Ohio EPA. [6141 In the Cleveland/Akron. Ohio standards:: (NMOS!.. The 644 4838. melropolitan area Ii.e.. above. menltoned rules are a olon.homessCepo.stote.oh. Ashtabula, Cuyohogo. port of ORo=s SIP one! the us, or moiled 10 insert your Geauga. loke, lorain, proposed t1mendments will nome. Ohio EPA. DIVisIon At; Medina. Portage, and be submttted 16 USEPA os a PoIkJ"on Control, lazarus SUmmit Counties) and wtI modillcalton of the SIP. The Governmenlcenter. P.O. Box regulate NOxemissionsfrom above men"oried -hearing 1049, Columbus, Ohio AexlstingC sIoltonary shall be considered the 43216-1049. combustion sources pubUc hearing for the SIP 1100190184 IIndUS1riol, commercial and**~.** InstlMIonal bol1ers. All Interested persons ore slaltonory combustion en1ttled 10 offend or be turbines ond stalionory represented o! the hearingPublic Hearing Notice Ohio Environmental Protection Agency entitled to attend or be represented at the hearing and give written or oral comments on these rule Proposed new OAC changes. All oral comments Chapter 3745-110 presented at the hearing, ANltrogen OxIdes

- and all written stalements Reasonably Avallable submitted at the hearing or Control TecIlnology@. by the close of business on

Notice Is hereby given June8,2007, will becons/dthatthe Ohio Environmental ered by Ohio EPA prior to Protection Agency, Civislon final actlon on this rule. of Air Pollution Control Written statements submlt- (CAPC) proposes the fol- ted afterJooe 8, 2007, may 'Iowlngnew rules In the Ohio be considered as time and Administrative Code (OAC): circumstances permit. but

1.0AC rule 3745-110-01 will not be part ofthe official [Deflnitlons]; record of the hearing.

2.0AC rule 3745-110-02 These rules are available [Applicability); on the Web page for elec3.0AC rule 3745-110-03 tronic downloading by click- [RACT requirements and/or Ing on Aregulatlons@ under imitations for emissions of the Atoples@ drop-down NOx from stationary box. The URL is: sources]; http://wwwepa state ph usl

4.0AC rule 3745-110-04 dapclreQslreos html [Compliance deadlines]; Questions regarding and accessing the web site

5.0AC rule 3745-110-05 sbOuld be directed to [Compliance methods]. Arunee Nlarnlarb at 614-

The proposed new rules 728-1342; other questions under OAC Chapter 3745- or comments about these 11 0 will apply to the eight rules sbOuld be directed to Amoderate@ non-altain- Alan Harness at Ohio EPA, ment counties located In the (614) 644 4838, aian.harCleveland/Akron, Ohio met- ness@epa.state.oh.us, or ropolitan area (I.e., mailed to Insert your name, Ashtabula, Cuyahoga, Ohio EPA, Division Air Geauga, Lake, Lorain, Pollution Control, Lazarus Medina, Portage, and Government Center, P.O. Summit Counties) and will Box 1049, Columbus, Ohio regulate NOx emissions 43216-1049. from Aexlstlng@ stationary Published In The combustion sources (Indus- Repositoryon May4, 2007. trial, commerclai, and institutional boilers, stationary combustion turbines and stationary Intemal combustion engines). In addition, the rules will apply statewide to any Anew or modlfled source@ Issued a permlt-to-lnstall after January 1,2007.

Pursuant to Section 121 .39 of the Ohio Revised Code, CAPC was required to consult with intarested parties affected by the rules before the dMslon formally proposes them. On July 24, 2006, these rules went out for a30 day review by Interested parties.

Pursuant to Section 119.03 of the Ohio Revised Code, a public hearing on these rule changes will be conducted on Friday, June 8, 2007 at 10:00 a.m. In conference room 6AatOhIo EPA, Lazarus Govemment Center, 50 West Town Street, Columbus, OhIo.

Pursuant to Part D ofTitle I of the Clean AirAct. Ohio EPA Is required to estabUsh a state implementation plan (SIP) for the attairvnent and maintenance of the natlonai ambient air quality standards (NMOS). The above mentioned rules are a part of Oh/a=s SIP and the proposed amendments will be submitted to USEPA es a modIftcation of the SIP. The above mentioned hearing sheil be cons/dered the pubUc hearing for the SIP submittal.

All Interested persons are 

# } ss

4018 13.50 246.00 

# LISHER'SAFFIDAVIT LEGALNOTICE

CustomerAccountNumber: CaseNo: INVOICE NO: 00157285 05/04/07 

### ·PUBLICATIONDATES:**~tbene** Curtis Being fIrst duly sworn, says thattheAffiantis aduly authorized ClerkofThe Repository, aDaily and Sundaynewspaperpublished andofgeneral circulation in said

andthatthe legal advertisement, ofwhich the annexed is a copy was publishedin saidnewspaperon:

Total numberofmeasured inches published: Publisher's Fee: CITY

### OF Canton STATE

### OFOHIO COUNTY 

### OF Stark

Swornto and subscribedbefore me, this 5th day ofMay, 2007.**~.**



# "{((OfV'

# ~OhioEPA Attn: PaulBraun 

# ,D
PLegal Department, Cbristina 

# King
Date: May 2, 2007

Re: 

# OAe Chapter**3745~** 

## 11.0Nitrogen Oxides

Thetotal forthelegal advertisementreferenced above is $74.23. 

# 13 InchesX 1 day ofpublication @ 

# $5.71 perinch

A copyofthenoticeis attached foryourapproval andsignature. Please 

## fax the signed.notice to 740-592-4647 byThursday, May 3rd 

## at lOa.m. ,If

## you have any questions orconcernspleasecontactChristinaKing, extension202 orJanet 

## Williams, extension245.



## 9300Johnson Road. 

## P.O. Box4210. Athens, 

## Ohio45701 •**740-592~6612**

1:89£17179171:9:01**:wo~~** 

### 172:21:**L002-20-A~W**

# ?(oofeJ

# 'or [I 

# li**r1~** 9:SS AM**p~gQ** 1 (l,'-) --' OBP1\

..Jl'74Ei6S 5/2107 

# :ar:&U;C'::t

lllltIris

### nile. WrilII:IIllIlClIleDls IUDmiIlI:d IllerJll1lC 8. '21X1T. 1IIilJ be '""):aIaidcn:daslimeIIDdciltvllllta'a

pcnnir,balwiDlIIlbepa't(l(lizoffi· ciaIn:r:ordoflbclaring. '11Ir.'Iil:nIIe.Ian:milalJle01111I:Web pqc fordeclna1ic

### doMIIoIdiIla clicltitl: UIIm:plaliollllllldalIIetOpics 

### dnJIHIawn belL 'lIle llRL is: 1Itlp;//www

..**sll1ll:.oh.~pclltpI'** rcgdulIIl. Qualillll& rcaardiall acI:ll5liag !he web liJc ,;Jsould be**d~** IIIAnaaceNiiJmIIIb ;1614- 7Zll·1342; aJIIer quesliom Ill' COIIlIIllll1lS iIIxlIII _ • 5bouJc1 he**dim;~** III AIaD U;I[JICU ., Ohm EPA. (bI4) 644-48:18. IlaD.bzr· llIS&@CJII.ll*.oIJ

.... or mailed 10 iDII2I)'DID'IIIIIIlI,ObioEPA,OiviliaD Air J'Dllutioa CUIIImI. l.mruI GlM:IIIIlIC1ltCtllb:r. P.O. 80l 1049. CoIambvs.Ohiu43216-1049. 5.4(11,) 

# ... _I OEPA-874G6S**5/210~** LIlGAI,NonCE**~iI:** 

### HariIlaNcIicI: 0lIi0EmirollnlmlilPn1lI:tliol Aflc:llCl'

_ OACCllapa:r 3745-110NilrllJ:mOxides·**R~ A~c**  Ccotrol 'lbcblllllosY Notice 6badly

### ei- I!lIldieOhio Ellvimnmeotal**Pralc~tioa** Agcnc:y. Divillan ofAir PoJlalioll Control (DAI'C) prcposeIthefollowiD&nc:w lWa ia the Ohio AdmilliIlJative**Ccdc(OAC~** I. OAC tuIe 3745·110-01 [DerDlilimsI; Z. OAC ndc**3i45·lJO-O~** (.\pplicabl 1i1yl; 3. OAen&3745-110.()3IKACT 

## ....vcr JilDilaIiuaII for 

### or Nell frOlll**~liIilnUy ~cesJ:**  4. OAe I1Ik 3745·110·04 (CompliadccWilles]: and S. OAe rule 374.HIO-OS [Co1DpIim:QlIlCIbods). 1llc 

### newrub IllldctOAC Cb3pa' 3745-110 willlll(lly to !II: ei&1UIIKldetale Ili1IHIlllillmcDlcexmlielloclll:d iD. lbc Cb'claDlV ADm. Ohio metropuIiIan area (i.I;., A.lhtabala,Cuyahoga,('JCalI&iI. L*, IAr.Iin.Medina,PIZ\Isc.wi511111111il**('om~)** add will reglllale NOx elllililiOll.'l l'roID e.Uiling ltaIWomy**~omIut:ian** \Qll\:l:I(iIIduslrial.lloID1IICIciII.wi**imti~** boilln, tioltuy cOIllblstioatmllincs ilIId lla· bllryinll;ma!CIllIIbl.'IliotI**eDgiD=~** luddiJico, Ihc1\I11:11Vil1apply**~.** wU 110ally III:WorIlIOIIi6cd**~Ite** inued a pennilolD-wtall .£ttl JIPIIaIYJ.2001. !'lInII.1D1 10 5a:tioo 121.39 of III: OIlio**RcvL~d** Code. OAFe W;J&**~aml** II) CClIIIUIt witll bllen:llal jllIItiI:l Iffi:cled by \be rules before Ibedirilim fotmodIy prn(lO$C$ 1lxIn. OnJuly 24. 2006

...**111~** wmt 0IlCfor I 30dayreviewhyinlerelllld patties. P1dRUId to**~liuu** llU3 of III: Qbiu,R:'iir.cd**C~** upublic!liming 011 lbcIc I\lle chomp WIll be: CUllductal Oq ftm)', JUlIe S. JiXJl It 10;00a.M. ill CIlIIIbtQCC lOClIDCIAat Ohio EPA. I.wnIs Go\'trnlllCJ\t CCIIler. SO We${ 

### 1m Street. CoIum!lul.Ohio.**~~'lDl** 10 !'litDufTldc Ioflhe CIcc.AirAct.Ohio B'A isJeqUlll:d to cSlihIIdt 3 l>1R implcllleDlIIIim pI:lll (SIP) for the Iltailulnl aDd maillll:llllllC4\uC !be iDlIbiellt QrqulIIity.IIaDdmII INMQS). The**a~e** IlIl:Iltiolled rules aJ1: pan of Ohio"5**~IP** andtb: IfIIClIO. mmtawillbe**whnl~red** toUSEPAiSS

lIIOdificluiancftheSIP. 11ICab<M lIlCIllialcd llcarillg Wli N ewsidCltd lbc public !armgtot I!aI SIP $IIlldUtIal. All intWledpcrJOlll m: C21lillcd 10**~=d** orbe rqlI'aeDtallt lIIcbear· illS aad give wrilkn or on! ooar dlI!lll1mthesende AIlIllll cOlllll1ClllS**~d** at lbe

### !=ius. ;aIld all writIr.D**~lIlCl11C1lb** jllllcOOrizJsorbydII:riCKoflIi.li·

"",'011 JUIICR, 2007

...illbecoosidertdbyOllillEPApiertoAn:IIaclioR r 

### n' t ,. II k 

### 2/2'd l89£bb9bl9:01

### DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE TRANSMISSION VERIFICATION REPORT

05/02 12:04 917405924647 00:00:23 02 

### OK STANDARD ECM TIME NAr.£ FAX TEL SER.# 05/02/2007 12:04 

### STATE OHIO EPA 6146443681 6146443681 BROF4J64426905/02/2007 15:14 7403736251 MARIETTA TIMES PAGE 01 

# WIttmarittta Wimt5
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## 635, 700 

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## 45750· (740) 373·2121 or 1·800-531·1215



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# wqc marittta W'1'11£5 www.MariettaTimes.com

### 05/02/2007 15:14 

### 7403736251 MARIETTA TIMES PAGE 02

ADNo: 182794 Customer Number: 

### L19185 Customer Name: Company: OHIO EPA2007 

### Address: HEARING CLERK PO BOX 1049 

### City/StlZip: COLUMBUS ,OH 43216-1049 Phone: (614) 644-2129 Solicitor: LS Category: 

### 5 

### crass: 5 Rate: LL-o Start: 54-2007 

### Stop: 5-4-2007 

### Lines: 130 Inches: 12.64 

### Words: 492 

### ------------------------------------_

### ..-------- Credit Card: expire: OrderNumber: NITROGEN OXIDES 

### Cost 253.26 

### Extra Charges: 5.00 Adjustments: 

### .00 Payments: .00 

### Discount: .00 Balance: 258.26

PWIIlc ""r111l1 Nallee OHo EnvIrCIIII'IIef'UI ProttctlonAgiwtt:y PrClpOWd OAe QlIpttt 37450110 HNtTOglInOXIeIM • AIalIantallIy AYll18llle C'onlrd**~0llY"** Notlcle 11.1 horoby givon the! the OhIo EnvIronIl'llmlI'lI P!l> tectlan Agetncy, 0Ivla1on 

### « Air Pollution Oanlrol**~PO)** IllO" po88S the following

_ ruIN in the Ohio Admlnl!1tllltlvo Code (CAe):

1. OAC rule 9146-110-01 [DlInrdtions]j

2. OAe rule 3746-11CH)2 [ApplicllbUItyJ;

3. OAC rule 3746-110-03 (flACTrequinlmBnte eM/or1111'1- itations lor emlll8lonll 01 NO!< 'rom8tatlcnaryeaurcaa];

4. OAe rule 3746-11CXl4 (CorTpIance deacIlnes]: srtel

5. OAe ,. 3746-110-0s**[~iance** I11IIthodII]. 'nIA**~ed** rules under OAe eMptor 3746-110 oMII 10 the eight "rnodIIrale noIHlltarnment countie8 Iocstsd In the CI8IIelllndlAkfDII. Ohio IIllllropoliton 8l1IlI 0.8.. Ashtabula, ClJIiahcgo, G8euge, Leke, Lomln, MedIna, f'ortege. and Surmil**~tlos)** end 'iii! 19- gul8te NOx em.alon8 from "exietlng" statlonety combue· tion eoun:ee (lnduatrlel, =om- men:iat, end lrlotlMIonat bOi181'8, slslIor1aly oOlriluGtion turbil18ll andst8110rlaryIntemaJ COI'I'b08tlon**~).** In tion. the**~$** v.1n tlpll/y stallHMde to MY "118W or modIIled lIOlII'Oe" 18etHld a JlIIf1T4t-to-lnetalt antt JlII1usry 1,2007.

Punwsnl to $(lctlon 121.39 Of the OhIo FIovIeed Code. ClAPC

_ noquIred to consult wltlllnttle8tadparties affeotoel by tho NIM blIfOlllthe dlvlalon fonnelly jlI'OpOIIIIlI them. On July 24. aJ8. thelle rules went out fot D 30 clay tlMew by ll\- t_tad pBfllet.

Plnusnl to Sectlon 119.03 Of the Ohio**RBv~** Code, a pUblic hllBllng lJlI lhlll!l.l ruliI**ch8~** Voil be conducted lJlI Friday, June 

### e, 2007 at 10:00 8.m In conIaFliltle4' room eA at 

# I J

### 05/02/2007 15:14 7403736251 MARIETTA TIMES PAGE 03

ADNo: 182794 Customer Number: L19185 CustomerName: Company: OHIO EPA2007 Address: HEARING CLERK PO 

### BOX 1049 

### City/StlZip: COLUMBUS ,OH 43216-1049 Phone: (614) 644·2129 Solicitor: LS Category: 5 

### Class: 5 Rate:**LL~O** 

### Start: 

### 5-4-2007 Stop;**5-4~2007** 

### Lines: 130 Inches: 

### 12.64 Words; 492 

### CreditCard: Expire: OrderNumber. NITROGEN OXIDES 

### Cost: 253.26 Extra Charges: 5.00 Adjustments: .00 Payments: .00 Discount: .00 Balance: 

### 258.26

Ohio EPA. Lazarus Oavemmenl center. 60 WelIt**T~** Slreet, ColurrDua, Ohio.

Plnuent to Pert 0 of Tille I of the Q!1IlI AIrAct, OhIo EPA Ie requinrd to estabhh a et818**~1emInl1lion** plan (SIp) for the allllnment and mainte- nance of the national ambient alrqt,JQlity .tandllrdo (NMOS). Tho lIbov. llMlntloMcl ru1<lt Q pM of OhIo', SIP ancl tho propoeecl lIIlllInClmont8 fttl bel**~ubmlnllld** to USEP.A • tl. mocIlI1llIIllOft of 1110 SIP, Tho above mentioned hMMg aMlI be consldenld the public hear· ing fClrthe 51 P aLDTittal.

AM Int«ootecl p8t'801lS llI'8 llIltlllod to attend or be fOMlIlOntlld III ItIt h8erIng and !live written 01' 1)1'0/ (lOl'I'III'lQ/ll& on theae lUte**tl~,** All oral llIlIIII"i8ft! pN\Ientod lit tllo heBrfng. atId .U**~ten** etatomBn1B 8Ubmtted 81 IhIthMrlng or by the cIoae of buIIlMao on June 8, 2OCf7. will be ClIlnaidBnld OhIo EPA pfIDr to flnel action on thIa rule. 1M'ttten etahlfrllnl8 Bubrrltted aftitt' June 8. '1D07. may be DOll- 'ldered 88 tlma anel ell'- CUrtl'ltanc88 pemit. bLt\Mil not be part of the official nlCllId el the hearing.

Theee role8 are svellable OIl tn. WBb Jl8lI8 fer Illeatronlc clicking llI'l "regutatione" IIfldef" the "oplcll" box. The Ufl. Is: bUp:l1"",",*,ega,s!s!q gbJ.lll dl!clcIroq$llJ.08,hbn!, Queallorle regordlng**~ing** the \\ell alto ahoulcI be dil'llCt· ed to Anmee tl&aml1IIb at 614-728-1342; ather**~IJon'** orconment& about rtlleo ehoulcl be directedtoAI8n Har1'lO4' llt Ohio EPA, (61') $44-4838, aJ."b!rnpea

....tsle ph

.. tlt II'l8iIed to ine8lt your nsmB. Ohio EPA. 0lYI81On Air PoUution ODnlrcl, UlzllltUl GoYemment OIlnler, P.O, Sox 1049, ColuntlUB, OhIo43216-1049. M!ly4. 2007-1T.oFtI.**~001**



### .. '" '- 

# .. '**05/07/0~. M~N**  

### 11:23 FAX**7402824~~** 

### HERALD STAR 

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# [he 

# Weirton BaDy TiniesWeirton,

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# to .serve:you.•.,' ",05/07/07 

### MON 11:23 FAX 7402824261 HERALD STAR 

### 141 

### 002



### TATE OF OHIO,

STEUBENVILLE, JEFFERSON COUNTY. 

## 58.
L1SAL BOYER

being sworn, says she is


### BOOKKEEPER

f 

## THE HERALD-STAR, 

## a newspaper published, and ofgeneral circulation in said County and City, and that the Notice, ofwhich the annexed 

## is atrue copy. was published in said newspaper

once on**.:::.5::-4:...:-2=.:0~0:..:.7~** 

### _

worn to and subscribed before me 

## his 7th 

## day of 

### Me 2007

MOUNT:**_~$..;.:13~7~.1::-6_~** 

## CCT. # L00129

NOTARY:



## NANCYKAUFMANN Nolary

### PrAlle,

### SIMeof0N0 MyCommilllslon

__"""

### 8.20

### 0

# 1

# Article IV Attachment D
Letterto Secretary of State and 

# Director of LSC

# Electronic

# aule**~ilin,**

The Honorable Jennifer Brunner SecretaryofState 180 E. Broad St., 15th Floor Columbus,OH 43215 James W. Burley, Director Legislative Service Commission

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

77 South High St., Concourse Laval Columbus,OH 43215 The Honorable Lee Fisher, Director Departmentof Development 77 South High St., 27th Floor 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 26551 05/01/200708:15 AM a1b8f2659b89c23cbb6513b24b5361

Rule Number Type FYR? JE Date Eft Date Next FYR Tagline
3745-110-01 New N 07/05/2007 Definitions. 3745-110-02 New N 07/05/2007 Applicability. 3745-110-03 New N 07/05/2007 RACT requirements and/or limitations for emissions of NOxfrom stationary sources. 3745-110-04 New N 07/05/2007 Compliance deadlines. 3745-110-05 New N 07/05/2007 Compliance methods.



### Page 1