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 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. 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 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

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 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 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): 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. 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 order to 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 letter of notice (Attachment H).

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 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 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 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 ERAF for the rule, Ohio EPA stated the adoption

of this 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): 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 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 order to 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 for the 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 under that 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 matter to 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) of this 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) of this 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 of the 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 of the 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 of the 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 of the 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 under this 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 of the 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 of the 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 of the 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 of the emergency rule, amendment, or rescission in the register of Ohio.

The emergency rule, amendment, or rescission shall become invalid at the end of the 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 if the 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 of the 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.) If the 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) of this 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 of the 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 of the 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 of the 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) of this 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 under this section shall not be construed as a ratification of the 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) of this 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) of this 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 of the 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 or to 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, if the 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 of the Revised Code, one of the 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) of this 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) of this section;

(c) If division (D)(4)(a) or (b) of this section is not applicable, the documentation considered under

division (D)(2) of this 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 of those 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

•

http://codes.ohio.gov/orc/121.39 9/20/2007
Lawriter - ORC - 121.39 Identifying documentation that is basis for legislation dealing wi... Page 3 of3

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 of the Revised Code after March 5, 1996.

Effective Date: 04-01-2002

http://codes.ohio.gov/orc/121.39 9/20/2007
Article IV

Attachment C

Newspaper Notices
Dayton Daily News

AFFIDAVIT OF PUBLICATION

P.O. Box 643080

Cincinnati, OR 45264-3080

937-225-2107

omo EPA DENISE PEEPLES

PO BOX 1049

COLUMBUS, OR 43216

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 of the Dayton Daily News, which

he/she says is a newspaper of general circulation

in Montgomery, Clark, Warren, Butler, Clinton,

Greene, Preble, Miami, Darke, Mercer, Shelby.

Fayette, Logan, Hamilton, Clermont, Auglaize, and

Champaign Counties, and State of Ohio, and he/she

further says that the Legal Advertisement, a copy

of which 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 of the said Dayton Daily News was over

(25000) at the time the said advertisement was

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

My Commission Erpiles July 4, 2010

Public Heartnc Notte. Ohfa Envlronmentrd Protection Apncy

Proposed n.w OAC 01111'« 3745·'10

"NitrogencC:::: j:et~c:r. AvaiiabW

PLr,·u~t to ::t:ctiJi1119m!lflh~ Chi:... Re'l,1:i!'d (OOt-. e: tlea,l~ ((i thes.o:- 1'l.Jt= d\W1~!i v.-t:] een- dll!:1ecl "'1 FiI<Jet:. in f:, z';,,1! Jt 10'(;(; hlTl 11 ,,(fl'

'ef~C!' 1O':m 6A at One EN.. l..iZ<nrS ~l~t

t::ener. ~W~;'l T~\'O SIl*t C~~I~,otiO

Notie!' Ii· r;~ 3I\'!n 1h.!! tI't! Qrio En-.....;pn"l!l"llal Pr~tit'fi ~KY. ni~~"'fl a Air ~utiro ::C11trct

i~i.~~~7{~~na ... ru~io Ih! (tll(l

1OJ.CIlUo3i .d5-11!){;1(DefnlUct\$1.

;; '-W IUl! )?.a~1'HMJ::lAt:"i;li(.ali1i~1

3. OAf It'of 3!.a~n:..o.:; IRAC.T I~!n~nts tII'Kt:a I:rriuticm fa !tli~':jjtll..i (If Hl..1k tram .Wt.;,l',J!""/ !iCllltt""'l

4 nP.' 3;4~1'P«fCi."'1'PIiblr:edt:3dII'l!"\t ar.d

~. ~.IlJ':-3j.d~ i lo--J~ICcrrr"lnf! rrl!!1tlrod:>l

~i!s.rt~~·io :tt~e~I?!~fA~~'~~~ U1i1',neot CC1l~!. IOC.aI~ In l,"* c..It\'e!.i!\ij;,Abro. 0hio rrr.lr!;.prJiUF- .£d"!l'<t Ufo. :.. :f.8.

g~~~!.!l ~~ j,t1Il!' ~t.atlU11:ilj.· !.r (.:{IY1·I~Ift:j!l and i'!!i!i1UtlClUi

l)USuM u..linf~ 1II)(! ~l

~I~.l~~~~ti~ii ;;t!il J~' 'JiIII¥)". 1001.

?U!"'!.lJ3I1tl!)~Cli-7l12131of

GAP( "}:~: I . t;:= ~;,;olt

atftcle1'D',.'

~~~~l~.

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' . ,:') J::

Date (08/16/200,_7__.....1

Publll: lIearillS Ilolice 0010 ~nV\rOl\{leatal PIt)\~lon A@!acy

PIDlJ09Hl Dew OAe Cllll~a745-710 -NItIq:eD OXllles -1l8Uotl8 Available COlIuolTecbMll •

Ad shown Is not actual print size

Tlv~,", :me iQ'''L'I ~~j'i '\ J
STATE OF OHIO, FRANKLIN COUNTY. SS:

May 4, 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 ,

of Ohio:5 SIP and the fro- ' pose~ amendments"wil '_be

sUbmittecl-iIo"iUSEPA, u-'a

nio1liIlcallon ortheSIP.!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 attlie bellnng and

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. will be consUl"

ered by Ohio EPA _Fl_or II)

final actioll ou thIS 'rule, Written statements_submit· I ted' aner June 8. 2007. may I, be considered as time ane!

1\ clr-::umstauces permit. bui i wili not be part or the offi· , cinl record of the bcari~.

Th~,~ ruler an' available, , ... "-._ '17..·,,1. 7'I~Cf.. ~n" ""1~('~ :

...'

VERON1CA H-. HIll

NOTARY PUBUC. STATE OF OHIO- _

MY COMMISSION EXPIRES NOVEMBER 6. 200~

and that the rate charged therefore is the same

as that charged for commercial advertising for

like services.

RECEIVED

OHIO EPA

ZDGl HAY 30 PH 2: 52

LEGAL OFFICE

THE COLUMBUS DISPATCH

PROOF OF PUBLICATION

Carla Daniel

Classified Sales Manager

The Columbus Dispatch, a newspaper published at

Columbus, Franklin County, Ohio, with a daily

paid circulation of more than 25,000 copies,

personally appeared and made oath that the

notice of which a true copy is .hereunto attached

was published in The Columbus Dispatch for 1 Time(s) on

subscribed and Sworn on this 8th day of May

2007 as witness my hand and seal of office.

r

n

' / \ i4hJ ?

! l/v(A~~~, 'W

NOTARY PUBLIC - STATE OF OHIO
State of Ohio 55.

Cuyahoga County

J, JOYCE LUZIER, being duly sworn, do upon my oath, depose and

say that I am a CUSTOMER SERVICE REPRESENTATIVE

ofThe Plain Dealer Publishing company, publisher ofThe Plain

Dealer, a newspaper printed in said county, and general circulation

in Ashtabula, Geauga, Lake, Lorain, Medina, Portage, Summit and

Trumbull counties, in addition to said county; the requirements of

Section 7/12 ofthe Revised Code ofOhio as amended September

14, 1957, relating to publication and distnbution are fulfilled by

said newspaper; and the advertisement attached was published in

said newspaper on the following day, or days in a type size larger

than agate. Insertion dates as follows:

Sworn to and subscribed before me this day of 20 .....;,1;...7~ __

Notary Public

Brenda G. Jordan

Notary Public, State of Ohio

Recorded in Cuyahoga County

My Commission Expires 09/~4/11

\\1111/111// ...\\\ til. f . /111

.,..... .t.\~:....... L Q.U"4. ~'"

,~.,~ }:~q"~\"'a"" _

=!~ ~.a;;'~.*_, \:.

!7' • pj :.' -;... ",.,oS·/· \.,~.,~ """ ".3"- '. ,'

= ~"~.......~.r~~,'~ 1/11 Jij Of \\\'

111""1\\\\\\

.y- 5',-

f"T1 :c 0:::0

Cl :J:f"T1

yo N _C">

I O~

0

cJ'\ f1'\..c::. - -'-n -0 -Om

'"1'1 :Pc?

-c-> (..,)

r

i

'

.,

N

0
BLADE

Dbladeocom~

..,...... " .."'.... ...,""',..._.,............ Toledo, Ohio 43660

Classified: 419-724-6500

FAX: 419-724-6438

.General: 419-724-6000

- Dep1h: 11.750 Ad # 00190184 Price: $ 724.10

AFFIDAVIT OF PUBLICATION

STATE OF OHIO, LUCAS COUNTY}SS.

•

dver1iser Name: OHIO EPA LEGALS HEARING CLERK

Account # 411543

Width: 1

--0

.-or; >

n ':?

t'1' N

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

I, .:...0 a. Y being first duly sworn, make oaIh and·srr; that 1am an Advertising Clerk in the

en;tploy of The TOLEDO BLADE CO., the publishers of THE BLADE, that I personally know the facts herein stated, that

said BLADE is a daily newspaper printed, and of general circulation in excess of 15,000, in said County, and in said

State, and that the notice of which the below is a true copy of the text, was published in said Daily BLADE

according to the above run schedule.

Subscribed in my presence and sworn to before me this )'11I-- day of /21tL.y , A.D. 2007

",\,'~I P"I,,~

k~~7/~~ BONNIE SUE CURRY (~ !G

:* i*2NotaIy Public, State ofOhlo'---__--->.,~~~""-='""'""----<cL~-~--"-___jr__---

\, .J,/Commission Expires 1o-~4-2010 Notary Public, State of Ohio ,,~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 opply state-wfde to changes. All oral commenls

Proposed new 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 ofter January 1. 2007. submllted ot the heartng or

ReosonOblv Avallable Pursuanl III 5edIon 121.39 of by the dose of business on

Control TechnaIogyO. the OhIo ReYlsed Code. June 8. 2007, will be

Nolice Is hereby gI¥en 1hot DAPC was required to consldeled by OhIo EPA prior

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, may be consfdered as rules In the OhIO 2006, these rules went out l1me and drcumstonces

Admlnlslrotl¥e Code IOAq: for a 30 day revfew by permlf, but wtIl nol be 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 of ntle I of occessing the web site

[Compliance melhodsl. the Clean AJr Ad. OhIo EPA Is should be directed to Arunee

The proposed new rules required to establish a state NJomIorb at 614-728-1342;

under OAC Chapter 3745-110 Jmplementa"on plan (SIP) for other quesffons or

wtW opply to the eight !he attotnment and comments about these rules

AmoderateO non- main1enallCe of the 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 Governmenl center. P.O. Box

regulate NOx emissions from 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 hearing
Public 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 June 8,2007, will be cons/dthat the 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 after Jooe 8, 2007, may

'Iowlng new 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 of the 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://www epa 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- Repository on May 4, 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 a 30 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 6A at OhIo

EPA, Lazarus Govemment

Center, 50 West Town

Street, Columbus, OhIo.

Pursuant to Part D of Title

I of the Clean Air Act. 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'S AFFIDAVIT

LEGAL NOTICE

Customer Account Number:

Case No:

INVOICE NO: 00157285

05/04/07

·PUBLICATION DATES:

~tbene Curtis

Being fIrst duly sworn, says that the Affiant is a duly authorized

Clerk ofThe Repository, a Daily and Sunday newspaper published and of general circulation in said

and that the legal advertisement, of which the annexed is a copy

was published in said newspaper on:

Total number ofmeasured

inches published:

Publisher's Fee:

CITY OF Canton

STATE OF OHIO

COUNTY OF Stark

Sworn to and subscribed before me, this

5th day of May, 2007.
~.

"{((OfV'

~OhioEPA Attn: Paul Braun ,D

PLegal Department, Cbristina King

Date: May 2, 2007

Re: OAe Chapter 3745~11.0 Nitrogen Oxides

The total for the legal advertisement referenced above is $74.23.

13 Inches X 1 day of publication @ $5.71 per inch

A copy ofthe notice is attached for your approval and signature. Please fax the signed.notice

to 740-592-4647 by Thursday, May 3rd at lOa.m.

,If you have any questions or concerns please contact Christina King, extension 202 or Janet

Williams, extension 245.

9300 Johnson Road. P.O. Box 4210. Athens, Ohio 45701 • 740-592~6612

1:89£17179171:9:01 :wo~~ 172:21: L002-20-A~W
?(oofeJ 'or

[I li r1~

--' OBP1\..Jl'74Ei6S 5/2107 9:SS AM p~gQ 1 (l,'-)

:ar:&U;C'::t

llll tIris nile. WrilII:IIllIlClIleDls IUDmiIlI:d Iller Jll1lC 8. '21X1T. 1IIilJ be

'""):aIaidcn:d as lime IIDdciltvllllta'a

pcnnir, balwiD lIIlbe pa't(l(lizoffi·

ciaI n:r:ord oflbc laring.

'11Ir.'Iil: nIIe.I an: milalJle 01111I: Web

pqc for declna1ic doMIIoIdiIla

clicltitl: UII m:plaliolllllllda lIIe tOpics dnJIHIawn belL 'lIle llRL is:

1Itlp;//www..sll1ll:.oh.~pclltpI'

rcgdulIIl. Qualillll& rcaardiall

acI:ll5liag !he web liJc ,;Jsould be

d~ III Anaace NiiJmIIIb ;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:IIIIlIC1lt Ctllb:r. P.O. 80l 1049.

CoIambvs. Ohiu 43216-1049.

5.4(11,)

...

_I OEPA-874G6S 5/210~

LIlGAI, NonCE

~iI: HariIla NcIicI:

0lIi0 Emirollnlmlil Pn1lI:tliol

Aflc:llCl'

_ OAC Cllapa:r

3745-110 NilrllJ:mOxides·

R~A~c Ccotrol

'lbcblllllosY

Notice 6 badly ei- I!lIl die Ohio

Ellvimnmeotal Pralc~tioa Agcnc:y.

Divillan of Air PoJlalioll Control

(DAI'C) prcposeI the followiD& nc:w lWa ia the Ohio AdmilliIlJative

Ccdc(OAC~

I. OAC tuIe 3745·110-01

[DerDlilimsI;

Z. OAC ndc 3i45·lJO-O~

(.\pplicabl1i1yl;

3. OAe n& 3745-110.()3IKACT

....vcr JilDilaIiuaII for

or Nell frOlll ~liIilnUy

~cesJ:

4. OAe I1Ik 3745·110·04

(Compliadcc Willes]: and

S. OAe rule 374.HIO-OS

[Co1DpIim:QlIlCIbods).

1llc new rub Illldct OAC

Cb3pa' 3745-110 willlll(lly to !II:

ei&1U IIKldetale Ili1IHIlllillmcDl cexmlielloclll:d iD. lbc Cb'claDlVADm.

Ohio metropuIiIan area (i.I;.,

A.lhtabala, Cuyahoga, ('JCalI&iI. L*,

IAr.Iin. Medina, PIZ\Isc. wi 511111111il ('om~) add will reglllale NOx

elllililiOll.'l l'roID e.Uiling ltaIWomy

~omIut:ian \Qll\:l:I (iIIduslrial.lloID1IICIciII. wi imti~boilln,

tioltuy cOIllblstioa tmllincs ilIId lla·

bllry inll;ma! CIllIIbl.'IliotI eDgiD=~

luddiJico, Ihc 1\I11:11Vil1 apply ~.

wU 110 ally III:W or IlIOIIi6cd ~Ite

inued a pennilolD-wtall .£ttl

JIPIIaIY J. 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

Ibe dirilim fotmodIy prn(lO$C$ 1lxIn.

On July 24. 2006... 111~ wmt

0IlC for I 30 day review hy inlerelllld

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;00 a.M. ill CIlIIIbtQCC lOClID CIA at

Ohio EPA. I.wnIs Go\'trnlllCJ\t

CCIIler. SO We${ 1m Street.

CoIum!lul. Ohio.

~~'lDl 10 !'lit Duf Tldc I of lhe

CIcc.Air Act. Ohio B'A is JeqUlll:d

to cSlihIIdt 3 l>1R implcllleDlIIIim

pI:lll (SIP) for the Iltailulnl aDd

maillll:llllllC4\ uC !be iDlIbiellt

Qr qulIIity .IIaDdmII INMQS). The

a~e IlIl:Iltiolled rules aJ1: pan of

Ohio"5 ~IP and tb: IfIIClIO.

mmta will be whnl~red to USEPA iSS

lIIOdificluian cf the SIP. 11IC ab<M

lIlCIllialcd llcarillg Wli N ewsidCltd lbc public !armg tot I!aI SIP

$IIlldUtIal.

All intWled pcrJOlll m: C21lillcd 10

~=d or be rqlI'aeDtallt lIIc bear·

illS aad give wrilkn or on! ooar

dlI!lll1m these nde AIlIllll

cOlllll1ClllS ~d at lbe !=ius.

;aIld all writIr.D ~lIlCl11C1lb

jllllc OOrizJs or by dII: riCK oflIi.li·

"",' 011 JUIIC R, 2007...ill be coosidertd by OllillEPA pierto An:II aclioR

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

BROF4J644269
05/02/2007 15:14 7403736251 MARIETTA TIMES PAGE 01

WItt marittta Wimt5

www.MoriettaTimes.com

P,O. Box 635, 700 Channel Lane, Marietto, OH 45750· (740) 373·2121 or 1·800-531·1215

TRANSM,ISS'ION

Date: -.r/tit? 7 .3 :Je!...I{(!1.

To~ ..._.__~tU,d ~.U4'C __.

(ompcmy: .._.~_e£I!.It.._. __..__.._ Phone-,

Fro~1:X~_ll4~~~ Department:__.. ~.__

Phone: 1..f-!:?.~.!.-76 - ..r~33

Fox: (740) 373-(,251

e·mail: __--'-- _

# of pages (including r:ovcr):_~_

Message: ......-~1--!:f~ ..

.,.y'~~~.~._~---_ ...

Read by over 30,000 people daily

The Marietta Times primary

Designated Market

is Washington County

To start your

home-delivered subscription

call (740) 376..5400

To place your classified ad

call (740) 376ft5433 or

(740) 376-5431

For advertising information

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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 EPA 2007

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:

Order Number: 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

Prottctlon Agiwtt:y

PrClpOWd OAe

QlIpttt 37450110

HNtTOglIn OXIeIM •

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

(flACT requinlmBnte eM/or 1111'1-

itations lor emlll8lonll 01 NO!<

'rom 8tatlcnary eaurcaa];

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 and st8110rlary IntemaJ

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

wltlllnttle8tad parties affeotoel

by tho NIM blIfOlll the 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

Customer Name: Company: OHIO EPA 2007

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

Credit Card: Expire:

Order Number. 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 AIr Act, OhIo EPA

Ie requinrd to estabhh a et818

~1emInl1lion plan (SIp) for

the allllnment and mainte- nance of the national ambient

alr qt,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 fClr the 51P 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 IhIt hMrlng

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'

or conment& about rtlleo

ehoulcl be directed to AI8n 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, OhIo 43216-1049.

M!ly 4. 2007-1T.oFtI.
~001

.. '" '- ..'

05/07/0~. M~N 11:23 FAX 7402824~~ HERALD STAR

Herald-Stat Steubenville, OH

[he Weirton BaDy TiniesWeirton, wv

Publishers'of:

Herald·~tar, The WeirtoD .aily Times,

Brooke Scene, Star-TImes, Toronto Scene, Showcase ofHomes,

Star TV and many specialized pDbU~tions.

PLEASE;E.TRANSMISSlONTOI J I NAME: '1 DATE: 5: 1 07

FIRMI ~~ PAGES (lnd1lcfu.CoVer Sheet)

FAX: (0 IL./ - Ce Ytf-- 3 b g / Q Per Your Request

PBONE: _ Q PleaseTelephone M~

Q Please Adl'ise

RE:-------- . . .:.

-------~---:,;-

, '.

, . . ~SAGE: . _

'0 .' .' .....

401Ilerald-Squat:e, Ste~be'nville, OR 43952 ", . . ' .

"'1·800·526·7987 . . .' . '

E-Mail;.·~omposing~hsconnect.com

, . . . . advertising @hsconn~t.(o~ '. , .

. '.. ' . ' , We appreciate the .QpportD.nity 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 of general circulation

in said County and City, and that the

Notice, of which the annexed is a true

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:

NANCY KAUFMANN

Nolary PrAlle, SIMe of0N0

My Commilllslon __"""8.20 0 1
Article IV

Attachment D

Letter to Secretary of State

and Director of LSC
Electronic aule ~ilin,

The Honorable Jennifer Brunner

Secretary of State

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

Joint Committee on Agency Rule Review

77 South High St., Concourse Laval

Columbus,OH 43215

The Honorable Lee Fisher, Director

Department of 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 NOx from

stationary sources.

3745-110-04 New N 07/05/2007 Compliance deadlines.

3745-110-05 New N 07/05/2007 Compliance methods.

Page 1