# Article 

# Ill Evidence Ohio EPA Followed Rule Adoption Procedures

### Evidence Ohio EPA Followed Rule Adoption Procedures Ohio Revised Code (ORC) 119.03, Procedures for adoption, amendment, or rescission of rules; finding that fiscal analysis is incomplete or inaccurate, outlines the requirements Ohio EPA must follow during the rule-making process. A copy of ORC 119.03 can be provided upon request. Ohio EPA fully complied with the requirements ofthis law and has provided evidence on the major requirements below: 1. ORC 119.03(A): Reasonable public notice shall be given in the register of Ohio at least 30 days prior to the date set for a hearing. Ohio's electronic rule filing system automatically posts public notices in the Ohio Register when rules are proposed. A copy of the Public Hearing notice can be provided upon request. The Public Hearing notice was placed in the Ohio Register on January 10, 2014. Ohio EPA held a public hearing on February 18, 2014 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 Register of Ohio, Ohio EPA also placed an advertisement in the major newspapers throughout the state. Copies can be provided upon request. 2. ORC 119.03(8): The required materials must be filed with the secretary ofstate and the director ofthe legislative service commission (LSC). Ohio's electronicfiling 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 A). Ohio EPA also complied with all requirements for incorporated materials. In addition, the answers to questions eight and nine ofeach ofthe Rule Summaryand Fiscal Analysis (RSFA) documents are provided (Attachment B). 3. ORC 119.03(C): Conduct public hearings as advertised. Ohio EPA conducted the public hearing on February 18, 2014 as identified in the Public Hearing notice. A copy of the hearings transcript may be provided upon request. 4. ORC 119.03(0): After the period of time when legislative review and invalidation may occur expires, the agency may issue an order adopting the rule. The Joint Committee on Agency Rule Review (JCARR) oversees agency rule making in Ohio. These rules have yet to appearon the agenda at aJCARR hearing. The proofofthe JCARR hearing will be forwarded underseparate cover. Ohio EPA does not anticipate any testimony, questions or invalidation ofthe rules will occur

### during this hearing. Ohio EPAwill provide this information along with the final copies ofthe adopted rules in mid-to-late May, 2014. Ohio has not yet adopted the amended rules language, but will do so via a Director's Findings 

### & Orders and a Public Notice. Copies of both, along with the notifications ofadoption sentto the secretaryofstate will be included with copies of the final adopted rules in mid-to-late May, 2014.

5. ORC 119.03(E}: Provide notice to public prior to effective date of rules. Ohio EPA will provide an update ofthe adoption ofthe rules through the Ohio EPA website and through an e-mail notice to all interested parties at least 10 days before the rules become final and effective. A copy ofthese notifications will be provided upon request. ORC 121.39, Provisions applicable to proposed legislation or administrative rules concerning environmental protection, imposes further requirements for interested party review specific to environmental rule adoption. Ohio EPA fully complied with the requirements of this law and has provided evidence on the major requirements below: 1. ORC 121.39(8): Legislation dealing with the environment must be accompanied by a statement identifying if it is necessary to comply with a federal requirement. It must also include information on the estimated cost of compliance. The RSFA and Environmental Rule Adoption/Amendment Form (ERAF) documents are automatically generated questions that are part of the States electronic rule filing system (Attachment B). The questions are intended to address the items in ORC 121.39. As evidenced in Question 6 ofthe 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 ofthis law as evidenced in the consent by JCARRwho 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 order to maintain approval to administer a federal environmental law. and it must include an RSFA. On April 9, 2013, Ohio EPA notified interested parties via e-mail of the draft rule language. A copy ofthe notification may be provided upon request. We provided a 30-day comment period closing May 10, 2013. The interested parties list included Ohio EPA, DAPC's general rule making list. A copy of the e-mail and interested party list will be provided upon request.

### As evidenced in item (C) ofthe 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 forthe rule making and identified those documents in list form.

# Article 

# Ill Attachment A Letter to Secretary of State and Director of LSCflecfroniTheHonorableJonHustedSecretaryofState180E.BroadSt.,15thFloorColumbus,OH43215MarkFlanders,DirectorLegislativeServiceCommission77SouthHighSt.,9thFloorColumbus,OH43215LarryWolpert,DirectorJointCommitteeonAgencyRuleReview77SouthHighSt.,ConcourseLevelColumbus,OH43215ItisherebyconfirmedthattheOhioEnvironmentalProtectionAgencyoriginalfiledthefollowingrule(s)pursuanttosection119.03oftheOhioRevisedCode.PackageNumber:109738FileDateandTime:01/10/201411:39AMConfirmationNumber:a4955cb7 a79e9938923f331d9dfbd4ORIGINALFILERuleNumberTypeFYRCSIJEDateEffDateNextFYRTagline3745-31-22Amendmenty y03/16/2014Nonattainmentprovisions-conditionsforapproval.Nonattainmentprovisions-stationarysourceslocatingin3745-31-23Amendmenty y03/16/2014designatedcleanorunclassifiableareaswhichwouldcauseorcontributetoaviolationofanationalambientairqualitystandard.3745-31-24Amendmenty y03/16/2014Nonattainmentprovisions-baselinefordeterminingcreditforemissionandairqualityoffsets.3745-31-25Rescissiony y03/16/2014Nonattainmentprovisions-locationofoffsettingemissions.3745-31-25NewNy03116/2014Nonattainmentprovisions-locationofoffsettingemissions.3745-31-26Rescissionyy03/16/2014Nonattainmentprovisions-offsetratiorequirements.3745-31-26NewNy03/16/2014Nonattainmentprovisions-offsetratiorequirements.3745-31-27Amendmenty y03/1612014Nonattainmentprovisions-administrativeproceduresforemissionoffsets.3745-31-28Amendmenty y03/1612014ReviewofmajorstationarysourcesofhazardousairpollutantsrequiringMACTdeterminations.3745-31-29Amendmenty y0311612014Generalpermit-to-installandgeneralPTIO.3745-31-30Rescissiony y03/16/2014Reserved.Page1RuleNumber3745-31-313745-31-32TypeFYRCSIJEDateRescissionYAmendmentYyy03/16/201403/16/2014EffDateNextFYRTaglineReserved.Plantwideapplicabilitylimit(PAL).Page2Electronic

Ru The Honorable Jon Husted Secretary

of State 180 E. Broad St., 15th Floor Columbus,OH 43215

Mark Flanders, Director Legislative Service Commission 77 South High St., 9th Floor Columbus,OH 43215

Larry Wolpert, Director Joint Committee

on Agency Rule Review 77 South High St., Concourse Level Columbus,OH 43215 It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuant

to section 119.03
of the Ohio Revised Code. Package Number: 109737 File Date and Time: 01/10/2014 11:31 AM Confirmation Number: 6078193ca6259b 75f33e6eac14af47 ORIGINAL FILE Rule Number Type FYR CSI JE Date Eff Date 3745-31-01 Amendment y y 03/16/2014 3745-31-02 Amendment y y 03/16/2014 3745-31-04 Amendment

y

y 03/16/2014 3745-31-06 Amendment y y 03/16/2014 3745-31-07 Amendment y y 03/16/2014 3745-31-08 Amendment y y 03/16/2014 3745-31-09 Amendment y y 03/16/2014 3745-31-10 Amendment y y 03/16/2014 3745-31-11 Amendment

y

y 03/16/2014 3745-31-12 Amendment y y 03/16/2014 3745-31-13 Amendment

y

y

. 03/16/2014 Page

1 Next FYR Tagline Definitions. Applicability, requirements,
and obligations. Applications. Completeness determinations, processing requirements, public participation, public notice, and issuance. Termination, revocation, expiration, renewal, revision and transfer. Registration status permit-to-operate. Variances

on operation. NSR projects

at existing emissions units at a major stationary source. Attainment provisions

- ambient air increments, ceilings and classifications. Attainment provisions

- data submission requirements. Attainment provisions

- review of major stationary sources and major modifications, stationary source applicability and exemptions.RuleNumberTypeFYRCSIJEDateEffDateNextFYRTagline3745-31-14Amendmentyy03/16/2014Attainmentprovisions-preapplicationanalysis.3745-31-15Amendmentyy03/16/2014Attainmentprovisions-controltechnologyreview.3745-31-16Amendmentyy03/16/2014Attainmentprovisions-majorstationarysourceimpactanalysis.3745-31-17Amendmentyy03/16/2014Attainmentprovisions-additionalimpactanalysis.3745-31-18Amendmenty y03/16/2014Attainmentprovisions-airqualitymodels.3745-31-19Amendmenty y03/16/2014Attainmentprovisions-noticetotheUnitedStatesenvironmentalprotectionagency.3745-31-20Amendmenty y03/16/2014Attainmentprovisions-innovativecontroltechnology.3745-31-21Amendmenty yNonattainmentprovisions-reviewofmajorstationary03/16/2014sourcesandmajormodifications-stationarysourceapplicabilityandexemptions.Page2

# Article Ill Attachment B RSFAsRule Summary and Fiscal Analysis (Part A) Ohio Environmental Protection Agency Agency Name Division ofAir Pollution Control fDAPC) Division 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) Paui.Braun@epa.ohio.gov Email Paul

### J. Braun Contact614-644-2270
Phone



# 3745-31-11 AMENDMENT Rule Number TYPE of rule filing 614-644-3681
Fax

Rule Title/Tag Line Attainment provisions

- ambient air increments. ceilings and classifications.



### RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 4. Statute(s) authorizing agency to adopt the rule: 3704.03(F)
5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(F)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE,

..

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**·-~~-** ..·---·---""""---
_________.,__________, ______ -

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**-~ "··~--~-·-------**  ..

**·----~** ,·,·li-!,16, : i.\',' i .' '· '''"'' '"- :1•;'•);<1Page2 Rule Number: 3745-31-11

then summarize the content ofthe rule:
The existing rule contains the requirements for allowable emission increases and ceiling levels from major sources ofair pollution in attainment areas. Itrequires a PTI contain limits or other measures (e.g. control devices) necessary to ensure that emission increases stay under the levels required in this rule.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies ofthese rules and statutes are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions of ORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. This rule also contains references to the Federal PowerAct and Energy Supply and Environmental Coordination Act of 1974. This act is generally available through libraries, Ohio EPA and Government Printing Office's websites. References to this act have also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible:Page 3 Rule Number: 3745-31-11

Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph ofthe rule that has been modified: Second Refiling: An amendment was made to the table to remove a repeated reference to PMlO. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 

### 1110/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable

### Page4 Rule Number: 3745-31-11

14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable 

### 15, Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the requirements for allowable emission increases and ceiling levels from major source ofair pollution in attainment areas. Itrequires a PTI contain limits or other measures (e.g. control devices) necessary to ensure that emission increases stay under the levels required in this rule. The cost ofthese limits/measures can vary widely from $0 (limiting actual emissions) to millions of dollars (installing control equipment).


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 ofthe !20th General Assembly.


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. 

### C. 121.39? Yes You must complete the Environmental rule Adoption/ Amendment Fonn in order to comply with Am. Sub. 106 ofthe !21st General Assembly.


### S.B. 2 (129th GeneralAssemblvJ Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C.121.82?Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

### Page 5 Rule Number: 3745-31-11


### C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
The rule contains the requirements for allowable emission increases and ceiling levels from major source ofair pollution in attainment areas. Itrequires that a PTI contain limits or other measures (e.g. control devices) necessary to ensure that emission increases stay under the levels required in this rule. An expenditure may be required to install a control or adopt a policy to achieve the allowable emission increase/ceiling.Page 8-1 Rule Number: 3745-31-11
Rule Summary and Fiscal Analysis (PartBl

1. Does the Proposed rule have a fiscal effect on any ofthe following? (a) School Districts Yes (b) Counties
Yes (c) Townships
Yes (d) Municipal Corporations Yes
2. Please provide an estimate in dollars ofthe cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. Ifyou are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate. This rule contains the requirements for allowable emission increases and ceiling levels from major source ofair pollution in attainment areas. Itrequires a PTI contain limits or other measures (e.g. control devices) necessary to ensure that emission increases stay nnder the levels required in this rule. The cost ofthese limits/measures can vary widely from $0 (limiting actual emissions) to millions of dollars (installing control equipment).
3. Ifthe proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No 4. If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost ofthe federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost ofthe federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations. NotApplicable.
5. Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs. As noted above, the range ofcost requirements in this rule can be qnite large, from no cost to Millions ofdollars. A no/low cost scenario would be a simple recordkeeping change or a minor housekeeping change. A high cost change wouldPage B-2 Rule Number: 3745-31-11

include the installation and operation ofa control device.

(a) Personnel Costs As noted above, there is a large cost range associated with compliance with this rule. Personnel costs do, however, tend to be low and/or a small portion ofthe overall costs ofcomplaince as most ofthe highest cost compliance scenarios are associated with the installation and operation ofcapital equipment. (b) New Equipment or Other Capital Costs As noted above, there is a large cost range associated with compliance with this rule. Personnel costs do, however, tend to be low and/or a small portion ofthe overall costs ofcomplaince as most ofthe highest cost compliance scenarios are associated with the installation and operation ofcapital equipment. (c) Operating Costs As noted above, there is a large cost range associated with compliance with this rule. Personnel costs do, however, tend to be low and/or a small portion ofthe overall costs ofcomplaince as most ofthe highest cost compliance scenarios are associated with the installation and operation ofcapital equipment. (d) Any Indirect Central Service Costs As noted above, there is a large cost range associated with compliance with this rule. Personnel costs do, however, tend to be low and/or a small portion ofthe overall costs ofcomplaince as most ofthe highest cost compliance scenarios are associated with the installation and operation ofcapital equipment. (e) Other Costs As noted above, there is a large cost range associated with compliance with this rule. Personnel costs do, however, tend to be low and/or a small portion ofthe overall costs ofcomplaince as most ofthe highest cost compliance scenarios are associated with the installation and operation ofcapital equipment.Page B-3 Rule Number: 3745-31-11

6. Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule. The amendments proposed as part ofthis action will not impose any additional cost for compliance. The existing requirements ofthis rule continue to require a cost of compliance that has existed for a number ofyears and has been funded through existing budgets.
7. Please provide a statement on the proposed rule's impact on economic development. The proposed amendments will have no additional impact on economic development. The existing requirements ofthis rule will continue to impact economic development in that any agency/local government or other entity installing or modifying an air contaminant source in the state ofOhio will have to incur additional costs for the project in order to address the air pollution control requirements ofthe state, and the requirement to obtain a permit-to-install prior to construction ofsuch sources.

### Rule Summary and Fiscal Analysis (Part Al 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control <DAPC) Division 

### 50 WestTown Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### PaulJ. 

### Braun Contact

### 614-644-2270
Phone



# 3745-31-12 AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681
Fax

Rule Title/Tag Line 

### Attainment provisions- data submission requirements.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.D32.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:Page 2 Rule Number: 3745-31-12

The existing rule contains the requirements for data that must be submitted as part ofa PTI application from major sources ofair pollution in attainment areas. It also requires these types ofsources to have best available control teclmology (BACT). A change was made to update the citation ofparagraph (KKKKKK) ofrule 3745-31-01 in the intro paragraph and various minor changes were made to bring the rule in line with LSC rule formatting conventions.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121

. 71 to 121.7 4 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies ofthese rules and statutes are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions of ORC 121.71 through 121.75. This rule also contains references to the Code ofPederal Regulations (CPR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CPR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: 

### NotApplicable.
11. If revising or refiling this rule, identify changes made from the previouslyPage 3 Rule Number: 3745-31-12
filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph ofthe rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1110/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your

### Page 4 Rule Number: 3745-31-12
information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the requirements for data that must be submitted as part ofa PTI application from major sources ofair pollution in attainment areas. It also requires these types ofsources to have best available control technology (BACT) (which would meet the requirements for BAT under OAC 3745-31-02). BACT is similar to BAT, in that it is a determination ofthe best method to control emissions from a source emitting pollutants. BACT is a federal requirement which the agency implements under major NSR. The cost ofBACT can vary widely from $0 to millions ofdollars for control equipment.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 ofthe 120th General Assembly.


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.

S.B. 2 f129th GeneralAssembllt) Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 

### 19. Specific to this rule, answer the following: A.) 

### Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
An affected facility may be required to develop new procedures or install new air pollution control equipment to meet the requriements ofthis rule. As mentioned in the fiscal analysis, the cost could range from $0 to millions ofdollars.Page 5 Rule Number: 3745-31-12

### Rule Summary and Fiscal Analysis (Part A) Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control (DAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address {Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### PaulJ. Braun Contact

### 6]4-644-2270
Phone



# 3745-31-13 AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681
Fax

Rule Title/Tag Line 

### Attainment provisions -review ofmajor stationary sources and major modifications. stationary source applicability and exemptions.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements of the RC 119.032 review? 

### Yes


### 2. Are you proposing this rule as a result of recent legislation? 

### No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.

7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,Page 2 Rule Number: 3745-31-13

then summarize the content ofthe rule:
The rule identifies the other rules ofthis chapterthat a major source ofair pollution in an attainment area must comply with, or that a facility may be exempt from. A change was made to the intro paragraph to update the citation to paragraph (KKKKK.K) ofOAC rule 3745-31-01. Several minor changes were also made to update the rule to LSC fonnatting conventions. Paragraph (H)(I)(c) was added to include the ambient air quality standard for PM 2.5 to make the rule match federal requirements.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121 . 7 4 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies ofthese rules and statutes are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions of ORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible: Not Applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible:Page 3 Rule Number: 3745-31-13

NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1110/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. $0.00 Not Applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not ApplicablePage 4 Rule Number: 3745-31-13

15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: The rule identifies the other rules ofthis chapter that a major source ofair pollution in an attainment area must comply with, or that a facility may be exempt from. There is no cost ofcompliance with this rule.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121 .39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.
S.B. 2 (129th GeneralAssembly) Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? NoRule Summary and Fiscal Analysis <Part A) 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control (DAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### Paul J. Braun Contact

### 614-644-2270
Phone



## 3745-31-14 

# AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681 Fax

Rule Title/Tag Line 

### Attainment provisions- preapplication analysis.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes

2. Are you proposing this rule as a result of recent legislation? No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(1')


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.o32.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

**-------~~-** -- ---- .., .._,___________ **-------~-"- ----~-------·----------·-··---------·-·-**  ..- --..--------· ,·.-(,, ,.,.; /i· ,-, ,,, i\6-il( J '><:'i ·1-•:,. i(i·)<J:.·IPage2 Rule Number: 3745-31-14

The rule contains the requirements for pre-application analysis (e.g., monitoring data, modeling) that may be required to be submitted as part ofa PTI application from major sources ofair pollution in attainment areas. The pre-application analysis is necessary to determine the impact the source will have on the ambient air. The rule also states the director may require the source to monitor the air after the source is installed per the PTI. An amendment was made to the intro paragraph to update the citation to paragraph (KKKKKK) ofOAC rule 3745-31-01. Minor changes were made throughout the rule to fix formatting issues and align the rule with LSC formatting conventions.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121 . 7 4 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. This rule also contains references to the Clean Air Act (CAA). The CAA is generally available through libraries, Ohio EPA and Government Printing Office's websites. References to the CAA have also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible:Page 3 Rule Number: 3745-31-14

Not applicable
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1110/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.


### FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00Page4 Rule Number: 3745-31-14

Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the requirements for pre-application analysis (e.g., monitoring data, modeling) that may be required to be submitted as part ofa PTI application from major sources ofair pollution in attainment areas. The pre-application analysis is necessary to determine the impact the source will have on the ambient air. The rule also states the director mayrequire the source to monitor the air after the source is installed perthe PTI. The cost ofcompliance with this rule can vary widely from $0 (no pre-application analysis required) to thousands ofdollars depending on the type, length and amount ofmonitoring, data collection and analysis required.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 ofthe !20th General Assembly.
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe !21stGeneral Assembly.
S.B. 2 (129th GeneralAssembly) Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

### Page 5 Rule Number: 3745-31-14


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
This rule requires that certain facilities perform a pre-application analysis. This could be in the form ofcomputer modeling or realworld ambient air monitoring. The analysis is required to determine ifthe facilities trigger additional requirements in their air pollution control permits.Page B-1 Rule Number: 3745-31-14


### Rule Summary and Fiscal Analysis (Part B)

1. Does the Proposed rule have a fiscal effect on any ofthe following? (a) School Districts Yes (b) Counties

Yes (c) Townships
Yes (d) Municipal Corporations Yes
2. Please provide an estimate in dollars ofthe cost of compliance with the

· proposed rule for school districts, counties, townships, or municipal

corporations. If you are unable to provide an estimate in dollars, please provide a written explanation ofwhy it is not possible to provide such an estimate. This rule contains the requirements for pre-application analysis (e.g., monitoring data, modeling) that may be required to be submitted as part ofa PTI application from major sources ofair pollution in attainment areas. The pre-application analysis is necessary to determine the impact the source will have on the ambient air. The rule also states the director may require the source to monitor the air after the source is installed per the PTL The cost ofcompliance with this rule can vary widely from $0 (no pre-application analysis required) to thousands ofdollars depending onthe type, length and amount ofmonitoring, data collection and analysis required.
3. If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent ofthe federal requirement? No 4. Ifthe proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate ofthe excess costs that exceed the cost ofthe federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations. NotApplicable.
5. Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all ofthe major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.Page B-2 Rule Number: 3745-31-14

The cost ofa pre-application analysis could range from no cost (source does not qualify to do analysis) to thousands ofdollars.

(a) Personnel Costs For pre-application analyses where computer modeling is perfonned, almost the entire cost ofthe analysis would be personnel costs. A typical cost for a computer modeling analysis is a couple ofthousand dollars. For an analysis involving ambient air monitoring, personnel costs would be accrued through the labor required for operation ofthe ambient monitor. A typical ambient monitoring analysis would cost a few thousand dollars in personnel costs. (b) New Equipment or Other Capital Costs The capital costs for a computermodeling analysis wouldbe minimal to none. Modeling is typically done via contract to an outside consultant who includes the cost ofcapital equipment as part oftheir hourly rate. For an ambient air quality monitoring analysis, capital costs would be accrued through the purchase ofmonitoring equipment. A typicaly monitor can cost $10,000 ifpurchased new from the manufacturer. (c) Operating Costs An operating cost wouldbe associated with an ambient air quality monitoring analysis. Including maintenace, sample collection, and power, the yearly cost ofoperation ofa monitor can be several thousand dollars ($2,000 to $5,000). (d) Any Indirect Central Service Costs Not applicable (e) Other Costs Not applicable

6. Please provide a written explanation ofthe agency's and the local government's ability to pay for the new requirements imposed by the proposed rule. The amendments proposed as part ofthis action will not impose any additional cost for compliance. The existing requirements ofthis rule continue to require a cost ofPage B-3 Rule Number: 3745-31-14

compliance that has existed for a number ofyears and has been funded through existing budgets.

7. Please provide a statement on the proposed rule's impact on economic development. The proposed amendments will have no additional impact on economic development. The existing requirements ofthis rule will continue to impact economic development in that any agency/local government or other entity installing ormodifying an air contaminant source in the state ofOhio will have to incur additional costs for the project in order to address the air pollution control requirements ofthe state, and the requirement to obtain a permit-to-install prior to constmction ofsuch sources.

### Rule Summary and Fiscal Analysis (Part Al 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control (DAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### PauiJ.Braun Contact

### 614-644-2270
Phone



# 3745-31-15 AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681
Fax

Rule Title/Tag Line 

### Attainment provisions -control technology review.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements of the RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.

7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:Page 2 Rule Number: 3745-31-15

The rule states the requirements that must be met for major sources ofairpollution in attaimnent areas. This includes the requirement for BACT. The only change made to this rule is udating the reference to paragraph (KKKKKK) ofOAC rule 3745-31-01 in the intra paragraph.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: 

### NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refi1ed without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package.Page 3 Rule Number: 3745-31-15

Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph inrule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1/10/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule requires major stationary sources and major modifications to these sources to meet all applicable emission limitations and, for certain sources, to apply BACT (Best Available control Technology). The cost ofcompliance with this rule can vary widely from no cost ($0 ifno controls are needed) to millions ofdollars if a control is needed to meet BACT.

### Page4 Rule Number: 3745-31-15

16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 ofthe 120th General Assembly.


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption! Amendment Form in orderto comply with Am. Sub. 106 ofthe 12lstGeneral Assembly.


### S.B. 2 (129th GeneralAssemb/1{) Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 

### 19. Specific to this rule, answer the following: A.) 

### Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
This rule requires facilities to meet applicable emission limitations up to and including BACT (Best Available Control Technology).Page B-1 Rule Number: 3745-31-15

Rule 

### Summarv and Fiscal Analysis (Part B)

1. Does the Proposed rule have a fiscal effect on any of the following? (a) School Districts Yes (b) Counties

Yes (c) Townships
Yes (d) Municipal Corporations Yes
2. Please provide an estimate in dollars ofthe cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. Ifyou are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate. This rule requires major stationary sources and major modifications to these sources to meet all applicable emission limitations and, for certain sources, to apply BACT (Best Available control Technology). The cost ofcompliance with this rule can vary widely from no cost ($0 ifno controls are needed) to millions ofdollars if a control is needed to meet BACT.
3. If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No 4. If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost ofthe federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost ofthe federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations. NotApplicable.
5. Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs. This rule requires major stationary sources and major modifications to these sources to meet all applicable emission limitations and, for certain sources, to apply BACT (Best Available control Technology). The cost ofcompliance with this rule can vary widely from no cost ($0 ifno controls are needed) to millions ofdollars ifPage B-2 Rule Number: 3745-31-15

a control is needed to meet BACT.

(a) Personnel Costs Personnel costs related to the cost ofcompliance are difficult to estimate due to the large range ofcost estimated for this rule. Ifthe strategy for meeting the emission limitations is paperwork or work practices, the cost of compliance is almost totally personnel costs. Ifthe strategy involves installation ofa control device, the personnel costs would be a small percentage ofthe total cost. Overall, personnel costs for the cost of compliance with this rule are estimated to fall within the range $0 to thousands ofdollars. (b) New Equipment or Other Capital Costs As above with personnel costs, ifthe compliance strategy involves installation ofa control device, the majority ofthe cost for the strategy would be the capital cost for the purchase and installation ofthe control device. Control devices can run from several thousand dollars to several million dollars depending on the size ofthe source they are intended to control. (c) Operating Costs Operating costs will vary greatly depending on the size ofthe control device and the pollutant controlled. Typical operating costs are estimated to cost between a few thousand dollars and hundreds ofthousands ofdollars. (d) Any Indirect Central Service Costs Given the range ofcost ofcompliance with this rule, it is almost impossible to estimate these costs acurately. The range for these costs would be no cost to thousands ofdollars. (e) Other Costs Given the range ofcost ofcompliance with this rule, it is almost impossible to estimate these costs acurately. The range for these costs would be no cost to thousands ofdollars.

6. Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by thePage B-3 Rule Number: 3745-31-15

proposed rule. The amendments proposed as part ofthis action will not impose any additional cost for compliance. The existing requirements ofthis rule continue to require a cost of compliance that has existed for a number ofyears and has been funded through existing budgets.

7. Please provide a statement on the proposed rule's impact on economic development. The proposed amendments will have no additional impact on economic development. The existing requirements ofthis rule will continue to impact economic development in that any agency/local government or other entity installing or modifying an air contaminant source in the state ofOhio will have to incur additional costs for the project in order to address the air pollution control requirements ofthe state, and the requirement to obtain a permit-to-install prior to construction ofsuch sources.

### Rule Summary and Fiscal Analysis (Part A) Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control (DAPC) Division 

### Paul

### J. Braun Contact 

### 50 WestTown Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 614-644-2270 614-644-3681 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email


# 3745-31-16 Rule Number 

# AMENDMENT TYPE of rule filing Phone Fax

Rule Title/Tag Line 

### Attainment provisions

- major stationary source impact analysis.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements of the RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.
7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

'•'I· c, j'\'Page 2 Rule Number: 3745-31-16

then summarize the content ofthe rule:
The rule requires major sources ofair pollution in attainment areas to perfonn an impact analysis to demonstrate the source will not violate the national ambient air quality standards (NAAQS) or their allowable increase over baseline concentrations. Paragraph (C) is being added to incorporate significant impact levels for PM2.5, pursuant to U.S. EPA's requirements for establishing increments, significant impact levels, and a significant monitoring concentration for fine particulate pollution. The citation to paragraph (KKKKKK) in OAC rule 3745-31-01 in the intra paragraph is being updated. Also, several minor changes are being made to formatting to keep the rule in line with LSC rule formatting conventions.
8. 

### If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121

. 71 to 121.7 4 of the Revised Code because the text or other material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. Ifthe rule incorporates a text or other material by reference, and it was 

### infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being 

### rescinded and incorporates a text or other material by reference, and it was 

### infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible:Page 3 Rule Number: 3745-31-16

NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intra paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1/10/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.


### FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable

### Page4 Rule Number: 3745-31-16



### 15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule requires major sources ofair pollution in attainment areas to perform an impact analysis to demonstrate the source will not violate the national ambient air quality standards (NAAQS) or their allowable increase over baseline concentrations. This analysis would be submitted as part ofthe PTI application of which costs were discussed under the RSFA and RSFA Part B for OAC 3745-31-02. Major sources ofair pollution in attainment areas that require analysis such as this and the other requirements in OAC 3745-31-11 through 3745-31-20 tend to have higher application costs.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.

S.B. 2 (129th GeneralAssembly) Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) 

### Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
The rule requires major sources ofair pollution in attainment areas to perform an impact analysis to demonstrate the source will not violate the national ambient airPage 5 Rule Number: 3745-31-16

quality standards (NAAQS) or their allowable increase over baseline concentrations. This is typically done in conjunction with the application required in OAC rule 3745-31-02.Page B-1 Rule Number: 3745-31-12
Rule Summary and Fiscal Analvsis (Part B)

1. Does the Proposed rule have a fiscal effect on any of the following? (a) School Districts Yes (b) Counties
Yes (c) Townships
Yes (d) Municipal Corporations Yes
2. Please provide an estimate in dollars ofthe cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. Ifyou are unable to provide an estimate in dollars, please provide a written explanation ofwhy it is not possible to provide such an estimate. This rule contains the requirements for data that must be submitted as part ofa PTI application from major sources ofair pollution in attainment areas. Italso requires these types ofsources to have best available control technology (BACT) (which would meet the requirements for BAT under OAC 3745-31-02). BACT is similar to BAT, in that it is a determination ofthe best method to control emissions from a source emitting pollutants. BACT is a federal requirement which the agency implements under major NSR. The cost ofBACT can vary widely from $0 to millions ofdollars for control equipment.
3. Ifthe proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent ofthe federal requirement? No 4. Ifthe proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost ofthe federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations. NotApplicable. 5. Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all ofthe major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs. The range ofcost ofcompliance with this rule is significant. The costs could rangePage B-2 Rule Number: 3745-31-12

from no cost ($0) for a simple, paperwork type solution, to millions of$$ ifit is necessary to install and operate an air pollution control device to achieve BACT.

(a) Personnel Costs Over the range ofestimated costs ofcompliance with this rule, solutions based total on personell costs would likely be in the range of$0 to a few thousand dollars. For a solution requiring capital equipment purchase, installation and operation, personnell costs would likely be a small percentage ofthat cost. (b) New Equipment or Other Capital Costs As mentioned, the range ofcost ofcompliance with this rule is quite significant, ranging from $0 to millions of$$. Solutions requiring the purchase, installation, and operation ofcapital equipment would likely fall within the upper portion ofthe estimated cost range. (c) Operating Costs The range ofoperating costs for compliance with this rule can be almost as wide as the capital costs. Depending on the size and complexity ofthe air pollution control equipment installed, operating costs could be almost $0 to millions of$$. (d) Any Indirect Central Service Costs As noted above, the cost estimate range for the cost ofcompliance with this rule is quite large. Any indirect type costs would likely be a small percentage ofthe total cost ofcompliance. (e) Other Costs As noted above, the cost estimate range for the cost ofcompliance with this rule is quite large. Any miscellaneous type costs would likely be a small percentage ofthe total cost ofcompliance.

6. Please provide a written explanation ofthe agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.Page B-3 Rule Number: 3745-31-12

The amendments proposed as part ofthis action will not impose any additional cost for compliance. The existing requirements ofthis rule continue to require a cost of compliance that has existed for a number ofyears and has been funded through existing budgets.

7. Please provide a statement on the proposed rule's impact on economic development. The proposed amendments will have no additional impact on economic development. Tbe existing requirements ofthis rule will continue to impact economic development in that any agency/local government or other entity installing or modifying an air contaminant source in the state ofOhio will have to incur additional costs for the project in order to address the air pollution control requirements ofthe state, and the requirement to obtain a permit-to-install prior to construction ofsuch sources.Rule Summary and Fiscal Analysis (Part Al 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@eoa.ohio.gov Email 

### Pau!J.Braun Contact

### 614-644-2270
Phone



# 3745-31-17 AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681
Fax

Rule Title/Tag Line 

### Attainment provisions

- additional impact analysis.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)


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

### The rule is being proposed after a review to fulfill the requirements ofORC 119.032.

7. If the rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; If the rule type is RESCISSION, NEWor NO CHANGE, then summarize the content ofthe rule:Page 2 Rule Number: 3745-31-17

The rule requires major sources ofair pollution in attainment areas to perform an 'additional' impact analysis to demonstrate potential impairment to visibility, soils and vegetation that would occur as a result ofthe stationary source or modification and the effects on air quality due to the general commercial, residential, industrial and other growth associated with the source. The single change to this rule is the update to the citation for paragraph (KKKKKK) ofOAC rule 3745-31-01 in the intro paragraph.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

.This rule contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK.).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. Ifapplicable, indicate each specific paragraph of the rule that has been modified: Second Refiling:Page 3 Rule Number: 3745-31-17

This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1/10/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule requires major sources ofair pollution in attainment areas to perform an 'additional' impact analysis to demonstrate potential impairment to visibility, soils and vegetation that would occur as a result ofthe stationary source ormodification

### Page4 Rule Number: 3745-31-17

and the effects on air quality due to the general commercial, residential, industrial and other growth associated with the source. This analysis is submitted as part of the PTI application ofwhich costs were discussed under OAC 3745-31-02 above. Major sources ofair pollution in attainment areas that require analysis such as this and the other requirements in OAC 3745-31-11 through 3745-31-20 tend to have higher application costs.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in orderto comply with Am. Sub. 106 ofthe !21st General Assembly.

S.B. 2 (129th GeneralAssembly) Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
The rule requires major sources ofair pollution in attainment areas to perform an 'additional' impact analysis to demonstrate potential impairment to visibility, soils and vegetation that would occur as a result ofthe stationary source ormodification and the effects on air quality due to the general commercial, residential, industrial and other growth associated with the source. This analysis is typically performed in conjunction with the application required in OAC rule 3745-31-02 as part ofthat application.Page 5 Rule Number: 3745-31-17Rule Summary and Fiscal Analvsis (Part A) 

### Ohio Environmental Protection

**A~ency** Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip)

**Paui.Braun@epa.ohio.~ov** Email 

### Paul J. Braun Contact

### 614-644-2270
Phone



# 3745-31-18 AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681 

### Fax

Rule Title/Tag Line 

### Attainment provisions

- air quality models.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: 

### The mle is being proposed after a review to fulfill the requirements ofORC 119.032.
7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:Page2 Rule Number: 3745-31-18

The existing rule identifies appropriate air models that can be used when modeling is required for major sources under this chapter. A change has been made to update the citation to paragraph (KKKKKK) ofOAC rule 3745-31-01 in the intro paragraph. A change was made in paragraph (C) to update the citation from OAC rule 3745-47 to 3745-49 to reflect in a change in Ohio EPA's administrative rules that has occurred since the previous revision ofthis rule.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.7 4 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KK.KKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.Page 3 Rule Number: 3745-31-18

11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so. If applicable, indicate each specific paragraph ofthe rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph inrule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1/10/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYS/S 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all

### Page4 Rule Number: 3745-31-18 directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: The rule identifies appropriate air models that can be used when modeling is required for major sources under this chapter. There is no cost ofcompliance with this rule.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.

S.B. 2 (129th GeneralAssembly! Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 

### 19. Specific to this rule, answer the following: A.) 

### Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No


### C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

### Rule Summary and Fiscal Analysis (Part Al Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address {Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### Paul J. 

### Braun Contact

### 614-644-2270
Phone



# 3745-31-19 Rule Number 

# AMENDMENT TYPE of rule filing 

### 614-644-3681
Fax

Rule Title/Tag Line 

### Attainment provisions

- notice to the United States environmental protection agency.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2. Are you proposing this rule as a result of recent legislation? No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 

### 119.D32.

7. If the rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE,

--·· ..**·-~·-·-~** .**··--···--·-~·--·---·--·-~-------·--** ··-·-·--..-·_,_,_**"-~··----·--------·- -·-----·-~·----**  '"''!'"' ''"!'"'! !:/' !,,,··· ;**-iS}i~;,j** !'"'"1Page 2 Rule Number: 3745-31-19

then summarize the content of the rule:
The rule identifies the notification requirements for major sources demonstrating compliance under this chapter. It also identifies the procedures andmaximum allowable increase over the baseline concentrations for certain airpollutants from sources in Class I areas (as defined in OAC 3745-31-01) when a variance is requested. The intro paragraph is being amended to update the citation to paragraph (KKKKKK) in OAC rule 3745-31-01. An amendment will be made to the table in paragraph (D) ofthis rule to change the maximum allowable increase for PM!0 from 20 to 30 flg/m3 to be consistent with federal rules. Various other minor changes are being made to bring the rule in line with LSC rule formatting conventions.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.7 4 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible:Page 3 Rule Number: 3745-31-19

NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; 

### if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intra paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1/10/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.} NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicablePage4 Rule Number: 3745-31-19

15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance with this rule. This rule identifies the notification requirements for major sources demonstrating compliance under this chapter. It also identifies the procedures and maximum allowable increase over the baseline concentrations for certain air pollutants from sources in Class I areas (as defined in OAC 3745-31-01) when a variance is requested.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Fonn in order to comply with Am. Sub. 106 ofthe !21stGeneral Assembly.


### S.B. 2 (129th GeneralAssemblv,l Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? 

### No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? NoRule Summary and Fiscal Analysis (Part Al Ohio Environmental Protection Agency Agency Name Division ofAir Pollution Control CDAPC) Division 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) Paui.Braun@epa.ohio.gov Email Paul 

### J. Braun Contact614-644-2270
Phone



# 3745-31-20 AMENDMENT Rule Number TYPE of rule filing 614-644-3681 

### Fax

Rule Title/Tag Line Attainment provisions- innovative control technologv.



### RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? Yes


### 2. Are you proposing this rule as a result of recent legislation? 

### No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(F)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.

7. Ifthe rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:Page 2 Rule Number: 3745-31-20

The existing rule states the requirements for major sources ofair pollution in attainment areas which 'elect' to request the use ofan innovative control technology in lieu ofBACT. An amendment is being made to the intro paragraph to update the citation to paragraph (KKKKKK) ofOAC rule 3745-31-01. Various minor formatting changes are being made to bring the rule in line with LSC rule formatting conventions.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.7 4 of the Revised Code because the text or other material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was 

### infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being 

### rescinded and incorporates a text or other material by reference, and it was 

### infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.Page 3 Rule Number: 3745-31-20

11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph ofthe rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3 745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1110/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.


### FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: · Not applicable
15. Provide a summary of the estimated cost of compliance with the rule to all

### Page4 Rule Number: 3745-31-20 directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance. This rule states the requirements for major sources ofair pollution in attainment areas which 'elect' to request the use ofan innovative control technology in lieu ofBACT.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.

S.B. 2 (129th GeneralAssembtv.l Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 

### 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No


### C.) Does this rule require specific expenditures or the report of information as a condition of compliance? NoRule Summary and Fiscal Analysis (Part Al 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### PaulJ. Braun Contact

### 614-644-2270
Phone



# 3745-31-21 AMENDMENT Rule Number TYPE of rule filing 

### 6]4-644-3681 Fax

Rule Title/Tag Line 

### Nonattainment provisions- review of major stationary sources and major modifications

- stationary source applicabilitv and exemptions.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? 

### No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.D32.
7. If the rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,Page 2 Rule Number: 3745-31-21

then summarize the content of the rule:
The rule identifies the other rules ofthis chapter that a major source ofair pollution in a nonattainment area must comply with, or that a facility may be exempt from. An amendment is being made to the intro paragraph to update the citation to paragraph (KKKKKK) ofOAC rule 3745-31-01. Various other minor changes are being made for clarification and to bring the rule into conformity with LSC rule formatting conventions. The amendments to not change the scope or intent ofthe rule.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. This rule also contains references to the Clean Air Act (CAA). The CAA is generally available through libraries, Ohio EPA and Government Printing Office's websites. References to the CAA have also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible:Page 3 Rule Number: 3745-31-21

Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.


### 11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph ofthe rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph inrule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1110/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00

### Page 4 Rule Number: 3745-31-21

Not applicable


### 14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable


### 15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance. This rule identifies the otherrules ofthis chapter that a major source ofair pollution in a nonattainment area must comply with, or that a facility may be exempt from.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. 

### C. 121.39? Yes You must complete the Environmental rule Adoption/ Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.
S.B. 

### 2 f129th GeneralAssembly) Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 

### 121.82? Yes 

### 19. Specific to this rule, answer the following: A.) 

### Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? NoPage 5 Rule Number: 3745-31-21Rule Summary and Fiscal Analysis (Part Al 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### Paul J. 

### Braun Contact

### 614-644-2270
Phone



## 3745-31-22 AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681 

### Fax

Rule Titleffag Line 

### Nonattainmeut provisions- conditions for approval.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? 

### No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.
7. If the rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:Page 2 Rule Number: 3745-31-22

The existing rule contains the requirements for data that must be submitted as part ofa PTI application from major sources ofair pollution in nonattainment areas. This includes the requirement that these types ofsources to have technology that can achieve a lowest achievable emission rate (LAER). Paragraph (A)(3)(b) is being amended to incorporate permissible language for emission offset interprecursor trading for PM2.5 emissions and PM2.5 precursors. Paragraph (A)(5) is being added to incorporate reasonable further progress language consistent with 40 CFR Part 51, Appendix S. An amendment is being made to the intro paragraph to update the citation to paragraph (KKKKKK) ofOAC rule 3745-31-01. Also, various minor changes are being made to bring the rule into compliance with LSC formatting conventions.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121 . 7 4 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. This rule also contains references to the Clean Air Act (CAA). The CAA is generally available through libraries, Ohio EPA and Government Printing Office's websites. References to this act have also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically wasPage 3 Rule Number: 3745-31-22
infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as otherrules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1110/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANAL YS/S 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures.Page4 Rule Number: 3745-31-22

$0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the requirements for data that must be submitted as part ofa PTI application from major sources ofair pollution innonattainment areas. This includes the requirement that these types ofsources have technology that can achieve a lowest achievable emission rate (LAER) (which would meet the requirements for BAT under OAC 3745-31-02). LAER is similar to BAT, in that it is a detennination ofthe best method to control emissions from a source emitting pollutants. LAER is a federal requirement which the agency implements under major NSR innonattainment areas. The cost ofLAER can vary widely from $0 to millions ofdollars for control equipment. The rule also includes the requirements for emission offsets. Sources locating in a nonattainment area cannot increase the total emissions currently generated for a given airpollutant in that area. The new or modified source must find other sources ofemissions within their own facility or other facilities in the nonattainment area to offset the new emissions. This typically requires additional analysis work to be done as part ofthe application process. Major sources ofair pollution in nonattainment areas that require analysis such as this and the other requirements in OAC rules 3745-31-21 through 3745-31-27 tend to have higher application costs, which are discussed and included with the costs for OAC 3745-31-02.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 ofthe !20th General Assembly.
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Fonn in order to comply with Am. Sub. 106 ofthe !21st General Assembly.

### Page 5 Rule Number: 3745-31-22

S.B. 2 (129th 

### GeneralAssembly) Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? NoPage B-1 Rule Number: 3745-31-22


### Rule Summary and Fiscal Analvsis {Part B)

1. Does the Proposed rule have a fiscal effect on any of the following? (a) School Districts 

### Yes (b) Counties


### Yes (c) Townships


### Yes (d) Municipal Corporations 

### Yes
2. Please provide an estimate in dollars ofthe cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. Ifyou are unable to provide an estimate in dollars, please provide a written explanation ofwhy it is not possible to provide such an estimate. This rule contains the requirements for data that must be submitted as part ofa PTI application from major sources ofair pollution in nonattainment areas. This includes the requirement that these types ofsources have technology that can achieve a lowest achievable emission rate (LAER) (which would meet the requirements for BAT under OAC 3745-31-02). LAER is similar to BAT, in that it is a determination ofthe best method to control emissions from a source emitting pollutants. LAER is a federal requirement which the agency implements under major NSR in nonattainment areas. The cost ofLAER can vary widely from $0 to millions ofdollars for control equipment. The rule also includes the requirements for emission offsets. Sources locating in a nonattainment area cannot increase the total emissions currently generated for a given air pollutant in that area. The new or modified source must find other sources ofemissions within their own facility or other facilities in the nonattainment area to offset the new emissions. This typically requires additional analysis work to be done as part ofthe application process. Major sources ofair pollution in nonattainment areas that require analysis such as this and the other requirements in OAC rules 3745-31-21 through 3745-31-27 tend to have higher application costs, which are discussed and included with the costs for OAC 3745-31-02.
3. If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent ofthe federal requirement? No 4. If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost ofthe federal requirement. In particular, please provide an estimate ofthe excess costs that exceed the cost ofthe federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

_,__**~~**..-·--·-..

**~--~- -··------------~----~-~-----~----------------··-**  ''li!;c" "("''' · '"""•' n >fC)Yrj '· ,",',·.Jr,,', jPage B-2 Rule Number: 3745-31-22

NotApplicable.
5. Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all ofthe major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs. Please see question #2 above.

(a) Personnel Costs Please see question #2 above. (b) New Equipment or Other Capital Costs Please see question #2 above. (c) Operating Costs Please see question #2 above. (d) Any Indirect Central Service Costs Please see question #2 above. (e) Other Costs Please see question #2 above.

6. Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule. The amendments proposed as part ofthis action will not impose any additional cost for compliance. The existing requirements ofthis rule continue to require a cost of compliance that has existed for a number ofyears and has been funded through existing budgets.Page 8-3 Rule Number: 3745-31-22

7. Please provide a statement on the proposed rule's impact on economic development. The proposed amendments will have no additional impact on economic development. The existing requirements ofthis rule will continue to impact economic development in that any agency/local govemment or other entity installing or modifying an air contaminant source in the state ofOhio will have to incur additional costs for the project in order to address the air pollution control requirements ofthe state, and the requirement to obtain a permit-to-install prior to construction ofsuch sources.

### Rule Summary and Fiscal Analysis !Part A) Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### Paul J. Braun Contact

### 614-644-2270
Phone



# 3745-31-23 AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681
Fax

Rule Title/Tag Line 

### Nonattainment provisions

- stationary sources locating in designated clean or unclassifiable areas which would cause or contribute to a violation of a national ambient air quality standard.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? 

### No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)
5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.

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

----------

**"""""~---~--~ ---------------·---~** ..
**--~~ ----------------~**  """

**----------·-·----~--** ....---------------··-·-..--·-·- ·-•-,cjd .,,,: rr. •-1•''''

... ,.-.,,; FZi /ri'l·-- r ,.,_ '"Page 2 Rule Number: 3745-31-23

of the proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
The existing rule contains the requirements for review ofmajor sources ofair pollution in areas that are unclassified or designated as clean but the source would violate the NAAQS. It also requires these types ofsources to achieve LAER. The rule also states modeling will be used as part ofthe review ofthese sources. The table in Paragraph (A) is being amended to delete significant levels for TSP and to add significant levels for PM2.5 to meet federal standards. Paragraph (C) is being amended to include PM2.5 in the list ofpollutants for which the air quality impact must be assessed on a case-by-case basis using dispersion modeling. An amendment is being made to the intro paragraph to update the citation to paragraph (KKKKKK) in OAC rule 3745-31-01. Various other minor changes are being made for clarification and to bring the rule in line with LSC rule formatting conventions.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.7 4 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFRreferences have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. This rule also contains references to the Clean Air Act (CAA). The CAA is generally available through libraries, Ohio EPA and Government Printing Office's websites. References to the CAA have also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74.Page 3 Rule Number: 3745-31-23

Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph ofthe rule that has been modified: Second Refiling: Paragraph (A) was amended due to a commenter suggestion. Ohio EPA added a significance level for the hourly N02 standard of 10.0 ug/m3. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1/10/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.


### FISCAL ANALYSISPage4 Rule Number: 3745-31-23

13. Estimate the total amount by which 

### this proposed rule would increase 

### I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule contains the requirements for review ofmajor sources ofair pollution in areas that are unclassified or designated as clean butthe source would violate the NAAQS. It also requires these types ofsources to achieve LAER which was discussed in the fiscal analysis for OAC rule 3745-31-22. The rule also states modeling will be used as part ofthe review ofthese sources. This type ofmodeling analysis would be submitted as part ofthe PTI application ofwhich costs were discussed under the fiscal analysis for OAC rule 3745-31-02. Major sources ofair pollution in nonattainment areas that require analysis such as this and the other requirements in OAC rules 3745-31-21 through 3745-31-27 tend to have higher application costs.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 ofthe !20th General Assembly.
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/ Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.

### Page 5 Rule Number: 3745-31-23

S.B. 2 (129th GeneralAssembll() Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 

### 121.82? Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No


### C.) Does this rule require specific expenditures or the report of information as a condition of compliance? NoPage B-1 Rule Number: 3745-31-23
Rule Sumrnarv and Fiscal Analysis (Part B)

1. Does the Proposed rule have a fiscal effect on any of the following? (a) School Districts Yes (b) Counties
Yes (c) Townships
Yes (d) Municipal Corporations Yes
2. Please provide an estimate in dollars ofthe cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation ofwhy it is not possible to provide such an estimate. This rule contains the requirements for review ofmajor sources ofair pollution in areas that are unclassified or designated as clean but the source would violate the NAAQS. It also requires these types ofsources to achieve LAER which was discussed in the fiscal analysis for OAC rule 3745-31-22. The rule also states modeling will be used as part ofthe review ofthese sources. This type ofmodeling analysis would be submitted as part ofthe PTI application ofwhich costs were discussed under the fiscal analysis for OAC rule 3745-31-02. Major sources ofair pollution in nonattainment areas that require analysis such as this and the other requirements in OAC rules 3745-31-21 through 3745-31-27 tend to have higher application costs.
3. If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent ofthe federal requirement? No 4. If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost ofthe federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost ofthe federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations. NotApplicable. 5. Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) anyPage 8-2 Rule Number: 

### 3745-31-23

indirect central service costs. Please see the discussion in #2 above.

(a) Personnel Costs Please see the discussion in #2 above. (b) New Equipment or Other Capital Costs Please see the discussion in #2 above. (c) Operating Costs Please see the discussion in #2 above. (d) Any Indirect Central Service Costs Please see the discussion in #2 above. (e) Other Costs Please see the discussion in #2 above.

6. Please provide a written explanation ofthe agency's and the local government's ability to pay for the new requirements imposed by the proposed rule. The amendments proposed as part ofthis action will not impose any additional cost for compliance. The existing requirements ofthis rule continue to require a cost of compliance thathas existed for a number ofyears and has been funded through existing budgets.

7. Please provide a statement on the proposed rule's impact on economic development. The proposed amendments will have no additional impact on economic development. The existing requirements ofthis rule will continue to impact economic development in that any agency/local government or other entity installing ormodifying an air contaminant source in the state ofOhio will have to incur additional costs for the project in order to address the air pollution controlPage B-3 Rule Number: 3745-31-23

requirements ofthe state, and the requirement to obtain a pennit-to-install prior to construction ofsuch sources.Rule Summary and Fiscal Analysis (Part A) 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### Paul

### J. Braun Contact

### 6!4-644-2270
Phone



# 3745-31-24 

# AMENDMENT Rule Number TYPE of rule filing 

### 614-644-3681 

### Fax

Rule Title/Tag Line 

### Nonattainment provisions -baseline for determining credit for emission and air quality offsets.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements of the RC 119.032 review? 

### Yes
2. Are you proposing this rule as a result of recent legislation? 

### No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 

### ll9.032.

7. Ifthe rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

**~··--~-··** ..

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**---~**..**------~-------·- -~~~··-**  ---------------·---·------ --------------

---..

**·----~----·--** ''0' :.·, ,! 1,'- ;'U;,: ;,; 0 ,0-i'l 0 ';'-1\i'i'>Page 2 Rule Number: 3745-31-24

then summarize the content of the rule:
The existing rule identifies procedures for determining the baseline for offsetting emissions and other general requirements for generating emission offsets for a major source ofair pollution in a nonattainment area. Paragraph (B) is being reorganized and amended to provide clarity and maintain consistency with the latest amendments of40 CFR Part 51, Appendix S. Paragraph (F) is being reorganized and amended to provide clarity and maintain consistency with 40 CFR Part 51, Appendix S. Paragraph (G) is being added to maintain consistency with 40 CFR Part 51.165. An amendment is being made to the intro paragraph to update the citation to paragraph (KKKKKK) ofOAC rule 3745-31-01. Other minor changes are being made throughout the rule to fix formatting issues and bring the rule in line with LSC rule formatting conventions.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121 . 7 4 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. This rule also contains references to the Clean Air Act (CAA). These acts are generally available through libraries, Ohio EPA and Government Printing Office's websites. References to these acts have also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. The rule also contains references to USEPA documents and/or other materials utilized byregulators and impacted parties to determine or achieve compliance withPage3 Rule Number: 3745-31-24

these rules. These organizations and materials are commonly known and utilized by sources subject to environmental regulations. Copies ofthese documents are available in libraries and the websites for AIRS, Control Technology Center, and SICM. References to these organization's documents have also been dated to reference the specific version ofthe document. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: A minor clarifying change was made to paragraph (B)(I)(a) to clarify when a pounds perhour basis may be used to calculate credit for emission offsets. Paragraph (F)(2) was revised by adding the phrase "that do not meet the requirements ofparagraph (F)(I)" and deleting the phrase "in the absence ofan approved attainment demonstration" to be consistent with the federal rule. Initial Refiling: OEPA is revising the intra paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1110/2014 (If the rule is not exempt and you answered NO to question No. 1, provide thePage4 Rule Number: 3745-31-24

scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance. This rule identifies procedures for determining the baseline for offsetting emissions and other general requirements for generating emission offsets for a major source ofair pollution in a nonattaimnent area.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe 121 st General Assembly.

### Page 5 Rule Number: 3745-31-24



### S.B. 2 f129th GeneralAssembll(j Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) 

### Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No


### C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

### Rule Summary and Fiscal Analysis (Part A) Ohio Environmental Protection Agencv Agency Name 

### Division ofAir Pollution Control CDAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email


# 3745-31-25 NEW Paul J. 

### Braun Contact

### 614-644-2270
Phone 

### 614-644-3681
Fax

Rule Number TYPE of rule filing Rule Title/Tag Line 

### Nonattainment provisions -location ofoffsetting emissions.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### No
2. Are you proposing this rule as a result of recent legislation? 

### No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.

7. Ifthe rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:

..**~**....**·~-~~--~-·---~--** ------------------------------**---------~--------------·-·-** ..- --**~~----·------·-----**

--**,!~.<.'~<'";-,** ., •.,, F7.: i i ( \ \!Page 2 Rule Number: 3745-31-25

The rule identifies requirements for where emission offsets may be obtained for a major source ofair pollution in a nonattainment area. This rule is being proposed as new due to the LSC policy ofrescinding a rule and replacing it as new ifover 50% ofthe text changes. The changes to this rule are as follows: Paragraph (B) is being amended to maintain consistency with 40 CFR Part 51, Appendix S. PM2.5 emissions are being incorporated in this rule as prescribed by U.S. EPA's PM2.5 NSR implementation final rule. An amendment is being made to the intro paragraph to update the citation to paragraph (KKKKKK.) ofOAC rule 3745-31-01. Various other minor changes were made to the rule to update formatting to meet LSC rule formatting conventions. All together, the changes described above exceeded 50% ofthe rule language and, therefore, Ohio EPA decided to rescind the existing rule and propose the language as a new rule.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-3!-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. Ifthe rule is being rescinded and incorporates a text or other material byPage 3 Rule Number: 3745-31-25 reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph inrule 3745-31-01 ofthe administrative Code.

12. 119.032 Rule Review Date: (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYS/S 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable

14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

### Page4 Rule Number: 3745-31-25

Not applicable


### 15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance. This rule identifies requirements for where emission offsets may be obtained for a major source ofair pollution in a nonattainment area.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121 .39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.

S.B. 2 (129th GeneralAssembl'l) Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121 .82? Yes 

### 19. Specific to this rule, answer the following: A.) 

### Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No


### C.) Does this rule require specific expenditures or the report of information as a condition of compliance? NoRule Summary and Fiscal Analysis !Part Al 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email


# 3745-31-26 NEW Paul J. 

### Braun Contact

### 614-644-2270
Phone 

### 614-644-3681
Fax

Rule Number TYPE of rule filing Rule Title/Tag Line 

### Nonattainment provisions- offset ratio requirements.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements of the RC 119.032 review? 

### No
2. Are you proposing this rule as a result of recent legislation? 

### No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A), 3704.03(F)


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.D32.
7. If the rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

·-----------..
**--~------** ________,

## ____ ""

**·--··-·-··-~------** ..

**---~- -----~** ..---·--·----- """"

## _______ **~-----------~**

...,w/u' ''<-'•·"! ;,,,- <--r;;''' ;m: \A-i" ?iii-: ll

**.-;:~**Page 2 Rule Number: 3745-31-26

The existing rule identifies the ratio ofemission offsets that must be obtained depending on the category ofnonattainment (marginal to extreme) for a major source ofair pollution in a nonattainment area. This rule is being proposed as new due to the LSC policy ofrescinding a rule and replacing it as new ifover 50% ofthe text changes. The following changes have been made to the rule: Paragraph (A) is being reorganized to provide clarity and amended to incorporate PM2.5 and PM2.5 interprecursor emission offset trading. Paragraph (B) is being relocated from paragraph (C)(7). Paragraph (C) is being relocated from paragraph (A) and revised to maintain consistency with 40 CFR Part 51, Appendix S. Paragraph (D) is a new paragraph that incorporates the PM2.5 nonattainment area interprecursor offset ratios for S02 and NOx. Paragraph (E) is being relocated from paragraph (B) and revised for simplicity and clarity. An amendment is being made to the intro paragraph to update the citation to paragraph (KKKKKK) in OAC rule 3745-31-01. Additionally, many minor changes are being made to update formatting to bring the rule in line with LSC rule formatting conventions.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Clean Air Act (CAA). The CAA is generally available through libraries, Ohio EPA and Government Printing Office's websites. References to the CAAhave also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, providePage 3 Rule Number: 3745-31-26

an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa newparagraph inrule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.


### FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures.

### Page 4 Rule Number: 3745-31-26

$0.00 Not applicable


### 14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable


### 15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance. This rule identifies the ratio ofemission offsets that must be obtained depending on the category ofnonattainment (marginal to extreme) for a major source ofair pollution in a nonattainment area.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe 12lst General Assembly.

S.B. 2 (129th GeneralAssembl}t) Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C.121.82?Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No


### C.) Does this rule require specific expenditures or the report of information as aPage 5 Rule Number: 3745-31-26

condition of compliance? No

### Rule Summary and Fiscal Analysis (Part Al Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paui.Braun@epa.ohio.gov Email 

### PaulJ. Braun Contact

### 614-644-2270
Phone



# 3745-31-27 AMENDMENT Rule Number TYPE of rule filing 614-644-3681 

### Fax

Rule Title/Tag Line Nonattainment provisions

- administrative procedures for emission offsets.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? Yes
2. Are you proposing this rule as a result of recent legislation? No
3. 

### Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 3704.03(F)


### 5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(A), 3704.03(F)


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements of

### ORC 119.032.


### 7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,Page 2 Rule Number: 3745-31-27

then summarize the content of the rule:
The rule states a major facility/source must have emission offsets when locating in a nonattainment area. It also identifies the time period for which offsets must be in place and the federal enforceability ofthe offsets. Paragraph (A)(1)(b) ofthis rule is being amended by adding a paragraph break to maintain consistency with rule formatting. Also, the term "legally and practicably enforceable by the state" was added to be consistent with the definition of "potential to emit." An amendment is being made in the intra paragraph to update the citation to paragraph (KKKKKK) ofOAC rule 3745-31-01. Various minor amendments are being made to update the rule formatting to match LSC rule formatting conventions.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121

.71 to 121 . 7 4 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule also contains references to the Clean Air Act (CAA). The CAA is generally available through libraries, Ohio EPA and Government Printing Office's websites. References to the CAA have also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible:Page 3 Rule Number: 3745-31-27



### NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeftame as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph inrule 3745-31-01 ofthe administrative Code.
12. 119.032 Rule Review Date: 1/10/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. Ifyou answered YES to No. 1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicablePage4 Rule Number: 3745-31-27

15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance. This rule states the administrative procedures for where a major facility/source may obtain emission offsets when locating in a nonattainment area. It also identifies the time period for which offsets mustbe in place and the federal enforceability ofthe offsets.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in orderto comply with Am. Sub. 106 ofthe 121st General Assembly.


### S.B. 2 (129th GeneralAssemblv! Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

## ec

Rule Summary and Fiscal Analysis (Part A) 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paul.Braun@epa.ohio.gov Email 

### Paul J. 

### Braun Contact

### 614-644-2270
Phone 

### 614-644-3681 

### Fax



## 3745-31-29 

# AMENDMENT Rule Number TYPE of rule filing Rule Title/Tag Line 

### General permit-to-install and general PTIO.

RULE SUMMARY 1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes

2. Are you proposing this rule as a result of recent legislation? No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F), 3704.03(G)


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(G), 3704.03(F), 3704.03(A)
6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119.032.

7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE,Page 2 Rule Number: 3745-31-29

then summarize the content ofthe rule:
The rule states the requirements for sources ofair pollution which 'elect' to request a general permit-to-install in lieu ofa regular PTI and the agency's procedures for creating model general permits. An amendment is being made to the intra paragraph to update the citation to paragraph (KKKK.KK) ofOAC rule 3745-31-01. Also, minor amendments are being made to update the rule to match LSC rule formatting conventions.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Clean Air Act (CAA). The CAA is generally available through libraries, Ohio EPA and Government Printing Office's websites. References to the CAA have also been dated to reference the specific version ofthe act. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in OAC 3745-31-01 (K.KK.KK.K).
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible: 

### NotApplicable.Page 3 Rule Number: 3745-31-29

11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so. If applicable, indicate each specific paragraph ofthe rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as other rules in this rulemaking package. Initial Refiling: OEPA is revising the intra paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code. Question #19 on the RSFA was answered incorrectly and has been modified accordingly. The question nowreflects that there is a reporting requirement inthe rule.
12. 119.032 Rule Review Date: 1/10/2014 (Ifthe rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

### Page4 Rule Number: 3745-31-29

Not applicable


### 15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance. This rule states the requirements for sources ofair pollution which 'elect' to request a general permit-to-install in lieu ofa regular PTI. This is an option for the facility and generally results in a savings over the traditional PTI.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 ofthe !21st General Assembly.

S.B. 2 (129th GeneralAssembly) Questions 

### 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No


### C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

A general permit-to-install and operate (PTIO) is one ofthe many options facilities have for obtaining a pennit. Ifa facility qualifies for a general PTIO, the facility is required to complete the same application as they would for a regular PTIO, however, because the general PTIO is ah·eady completed for them, the application

### Page 5 Rule Number: 3745-31-29

process is much more simplistic and streamlined.Rule Summary and Fiscal Analysis !Part A) 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAir Pollution Control fDAPC) Division 

### PaulJ. Braun Contact 

### 50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049 Agency Mailing Address (Plus Zip) 

### Paul.Braun@epa.ohio.gov Email


## 3745-31-32 Rule Number 

# AMENDMENT TYPE of rule filing 

### 614-644-2270
Phone

Rule Title/Tag Line 

### Plantwide applicability limitfPAL).

RULE SUMMARY 614-644-3681
Fax

1. Is the rule being filed consistent with the requirements ofthe RC 119.032 review? 

### Yes

2. Are you proposing this rule as a result of

**r~cent** legislation? No


### 3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 

### 119.03 

### 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(F}


### 5. Statute(s) the rule, as filed, amplifies or implements: 

### 3704.03(A}, 3704.03(F)


### 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: The rule is being proposed after a review to fulfill the requirements ofORC 119,032,

7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:Page 2 Rule Number: 3745-31-32

The rule states the requirements for facilities which 'elect' to have their air pollutant emissions be covered under an optional permit with a plantwide limit. An amendment is being made to the intra paragraph to update the citation to paragraph (KKKKKK) ofOAC rule 3745-31-01. Additionally, the rule formatting has been changed without affecting the rule content. Paragraph (A) was changed to a leading paragraph as there was no paragraph (B) to go with it. All otherparagraphs were promoted to the next level upwards. This change was made to keep the rule in line with LSC rule fmmatting conventions.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121

. 71 to 121 . 7 4 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). While copies ofthese rules are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions ofORC 121.71 through 121.75. This rule also contains references to the Code ofFederal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version ofthe rules. ORC 121.75 (D) exempts such references from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated and availability noted in rule OAC 3745-31-01 (KKKKKK).
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible: Not applicable
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible:Page 3 Rule Number: 3745-31-32

NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph ofthe rule that has been modified: Second Refiling: This rule was refiled without changes to keep it on the samejurisdictional timeframe as otherrules in this rulemaking package. Initial Refiling: OEPA is revising the intro paragraph to update the citation to (LLLLLL) from (KKKKKK) due to the addition ofa new paragraph in rule 3745-31-01 ofthe administrative Code. Question #19 on the RSFA was answered incorrectly and has been modified accordingly. The question now reflects that there is a reporting requirement in the rule.
12. 119.032 Rule Review Date: 1/10/2014 (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.


### FISCAL ANALYSIS 13. Estimate the total amount by which this proposed rule would increase I decrease either revenues 

### I expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable

### Page4 Rule Number: 3745-31-32

14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable


### 15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There is no cost ofcompliance. This rule states the requirements for facilities which 'elect' to have their air pollutant emissions be covered under an optional pennit with a plantwide limit.


### 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No


### 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in 

### R. C. 121.39? Yes You must complete the Environmental rule Adoption/ Amendment Fonn in order to comply with Am. Sub. 106 ofthe !21st General Assembly.


### S.B. 2 (129th GeneralAssembly) Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C.121.82?Yes 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No


### B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No


### C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
A plant wide applicability limit (PAL) is a permitwherein a facility with multiple emission units accepts a single limit for emissions across the entire facility. This isPage 5 Rule Number: 3745-31-32

one option for obtaining a permit, assuming that the facility qualifies for the PAL. All sources ofair pollution in Ohio are required to apply for, and obtain and air pollution control permit. The information required in this rule assist Ohio EPA in determining ifthe facility qualifies for the PAL and, assuming the facility qualifies, helps Ohio EPA structure and complete the permit.

# Article 

# Ill Attachment C JCARR AgendaFINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEWAgenda-3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)ConsentFINALAGENDA1BureauofWorkers'Compensation•TotalRules:2OriginalFilingDate:1/23/2014RuleTypeActionCSIFYRAmendmentOriginalFilingNewRuleOriginalFilingYesNoYesNoRuleNumber4123-6-21.14123-6-21.5JurisdictionEnds:3/29/2014PublicHearing:3/4/2014RuleTitlePaymentforoutpatientmedicationbyself-insuringemployer.Standarddosetaperingschedules.2DepartmentofAdministrativeServices•DivisionofHumanResourcesTotalRules:1OriginalFilingDate:1/17/2014JurisdictionEnds:3/23/2014PublicHearing:2/19/2014RuleTypeActionCSIFYRRuleNumberRuleTitleAmendmentOriginalFilingNoYes123:1-3-01Positionaudits.3DepartmentofAgiog•TotalRules:19OriginalFilingDate:1/14/2014JurisdictionEnds:3/20/2014PublicHearing:3/19/2014RuleTypeActionCSIFYRRuleNumberRuleTitleRescissionOriginalFilingYesYes173-9-01Introductionanddefinitions.NewRuleOriginalFilingYesNo173-9-01Introductionanddefinitions.RescissionOriginalFilingYesYes173-9-02Applicability.NewRuleOriginalFilingYesNo173-9-02Applicability.RescissionOriginalFilingYesYes173-9-03Freedatabasereviews.NewRuleOriginalFilingYesNo173-9-03Reviewingdatabases(forallresponsiblepartiesexcepttheself-employed).NewRuleOriginalFilingYesNo173-9-03.1Reviewingdatabases(fortheself-employed).RescissionOriginalFilingYesYes173-9-04Generalrequirements.NewRuleOriginalFilingYesNo173-9-04Whentocheckcriminalrecords,informapplicants,chargefees,anduseforms(forallresponsiblepartiesexcepttheself-employed).NewRuleOriginalFilingYesNo173-9-04.1Whentocheckcriminalrecords,payfees,anduseforms(fortheself-employed).RescissionOriginalFilingYesYes173-9-05Conditionalemployment.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page1•311712014FINAL AGENDA New Rule Original Filing Yes No Amendment Original Filing Yes Yes JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30
P.M. Senate Finance Hearing Room (Finan Hearing Room) 173-9-05 Conditional hiring. 173-9-06 Disqualifying offenses.

FINAL AGENDA Amendment Original Filing Yes Yes 173-9-07 Disqualifying offense exclusionary periods; limited grandfathering; certificates; pardons. Rescission Original Filing Yes Yes 173-9-08 Records. New Rule Original Filing Yes No 173-9-08 Records: confidentiality
and retention. Rescission Original Filing Yes Yes 173-9-09 Immunity from negligent hiring. New Rule Original Filing Yes No 173-9-09 Immunity from negligent hiring. Rescission Original Filing Yes Yes 173-9-10 Disciplinary actions. 4 Department

of Commerce

• Board of Building Standards: Ohio Building Code Total Rules:

6 Original Filing Date: 1/28/2014

Jurisdiction Ends: 4/3/2014 Public Hearing: 2/28/2014 Rule **T~lle** Action

CSI FYR Rule Number

Rule Title Amendment Original Filing Yes No 4101:1-2-01 Definitions. Amendment Original Filing Yes No 4101:1-3-01

Use and occupancy classification. Amendment Original Filing Yes No 4101:1-10-01
Means
of egress. Amendment Original Filing Yes No 4101:1-11-01 Accessibility. Amendment Original Filing Yes No 4101:1-13-01 Energy efficiency. Amendment Original Filing Yes No 4101:1-17-01 Structural tests and special inspections. Total Rules:

1 Original Filing Date: 1/28/2014
Date of Revised Filing: 2/14/2014 Jurisdiction Ends: 4/3/2014 Public Hearing: 2/28/2014 Rule **T~lle** Action

CSI FYR Rule Number
Rule Title Amendment Revised Filing Yes No 4101:1-1-01 Administration. 5 Department

of Commerce

• Board of Building Standards: Ohio Plumbing Code Total Rules:

6 Original Filing Date: 1/28/2014

Jurisdiction Ends: 4/3/2014 Public Hearing: 2/28/2014 Rul§ **T~Qe** Action

CSI FYR Rule Number
Rule Title Amendment Original Filing Yes No 4101:3-2-01 Definitions. Amendment Original Filing Yes No 4101:3-3-01 General regulations. Amendment Original Filing Yes No 4101:3-4-01 Fixtures, faucets and fixture fittings. Amendment Original Filing Yes No 4101:3-6-01
Water supply and distribution. Amendment Original Filing Yes No 4101:3-10-01
Traps, interceptors and separators. Amendment Original Filing Yes No 4101:3-13-01 Referenced standards. 6 Department

of Commerce

• Board of Building Standards: Residential Code of Ohio Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website. JCARR 77 South High Street

• Concourse Level• Columbus, Ohio 43215

• (614) 466-4086

• www.jcarr.state.oh.us ·Page

2 • 311712014FINAL AGENDA JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) Total Rules:

8 Original Filing Date: 1/28/2014

Jurisdiction Ends: 4/3/2014 Rule **T~Qe** Action

CSI FYR Rule Number

Rule Title Amendment Original Filing Yes No 4101:8-2-01 Definitions. Amendment Original Filing Yes No 4101:8-3-01 Building planning. Amendment Original Filing Yes No 4101:8-4-01 Foundations. Amendment Original Filing Yes No 4"101:8-6-01

Wall construction. Amendment Original Filing Yes No 4101:8-11-01 Energy efficiency. Amendment Original Filing Yes No 4101:8-15-01 Exhaust systems. Amendment Original Filing Yes No 4101:8-20-01
Boilers and water heaters. Amendment Original Filing Yes No 4101:8-44-01 Referenced standards. Total Rules:

1 Original Filing Date: 1/28/2014
Date of Revised Filing: 2/14/2014 Jurisdiction Ends: 4/3/2014 Rule **T~Qe** Action

.(&] FYR Rule Number

Rule Title Amendment Revised Filing Yes No 4101:8-1-01 Administration.

FINAL AGENDA Public Hearing: 2/28/2014 Public Hearing: 2/28/2014 7 Department

of Commerce

• Board of Building Standards: Certification Rules Total Rules:

1 Original Filing Date: 1/28/2014 Rule **T~Qe** Action

CSI FYR Rescission Original Filing Yes Yes Total Rules:

3 Original Filing Date: 1/28/2014 Rule **T~Qe** Action

CSI FYR Amendment Revised Filing Yes No New Rule Revised Filing Yes No New Rule Revised Filing Yes No 8 Department

of Health

• Total Rules:

1 Original Filing Date: 1/31/2014 Rule Tvoe Action

CSI FYR Amendment Revised Filing 9 Department

of Insurance

• Yes Yes Total Rules:

1 Original Filing Date: 1/8/2014 Rule **T~Qe** Action

CSI FYR Amendment Refiled Filing Yes Yes

Jurisdiction Ends: 4/3/2014 Rule Number

Rule Title 4101:7-3-01 Building department personnel certification. Date of Revised Filing: 2/14/2014 Jurisdiction Ends: 4/3/2014 Rule Title General.

Public Hearing: 2/28/2014 Public Hearing: 2/28/2014 Rule Number 4101:7-1-01 4101:7-3-01 4101:7-6-01 Residential and non-residential building department personnel certification. Criteria for board recognition

of accreditation bodies, conformity assessment bodies, and industry trade association certification programs. Date of Revised Filing: 2/5/2014 Rule Number 3701-43-01

Rule Title Definitions. Date of Refiled Filing: 2/21/2014 Rule Title Jurisdiction Ends: 4/6/2014 Jurisdiction Ends: 3/23/2014 Rule Number 3901-1-14
Credit life and credit accident health insurance. Public Hearing: 3/12/2014 Public Hearing: 2/10/2014 Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website. JCARR
77 South High Street

• Concourse Level• Columbus, Ohio 43215

• (614) **466~4086**

• www.jcarr.state.oh.us

• Page

3 • 3117/2014FINAL AGENDA JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30 P.M.

FINAL AGENDA Senate Finance Hearing Room (Finan Hearing Room) 10 Department

of Job and Family Services

• Child Support Total Rules:

2 Original Filing Date: 1/29/2014 Rule Type Action

CSI FYR Amendment Original Filing Amendment Original Filing

No Yes No No

Rule Number 5101:12-1-51 5101:12-1-80 11 Department

of Job and Family Servjces

• Division
of Public Assistance Total Rules:

1 Original Filing Date: 1/31/2014 Rule Type Action

CSI FYR Rule Number Amendment Original Filing

No Yes 5101:1-2-70 12 Department

of Job and Family Services

• Division
of Public Assistance Total Rules:

4 Original Filing Date: 1/29/2014 Rule Type Action

.Q.§! FYR Rule Nymber Rescission Original Filing

No Yes 5101:1-2-30.1 New Rule Original Filing No No 5101:1-2-30.1 Rescission Original Filing

No Yes 5101:1-2-30.3 New Rule Original Filing No No 5101:1-2-30.3 13 Deoartment

of Job and FamilY Services

• DivisioJLof Public_Assistanc_e Total Rules:

1 Original Filing Date: 1/31/2014 Rule Type Action

CSI FYR Rule Number Amendment Original Filing

No Yes 5101:1-23-70 14 Department

of Job and Family Servjces

• Division
of Public Assistance Total Rules:

2 Original Filing Date: 1/31/2014 Rule T)(g§ Action

.Q.§! FYR Rule Nuw!ler Rescission Original Filing

No Yes 5101:1-5-70 New Rule Original Filing No No 5101:1-5-70 15 Department

of Job and Family Services

• Division
of Social Services Total Rules:

6 Original Filing Date: 1/21/2014 Rule T)(pe Action

CSI FYR Rule Number Amendment Original Filing Yes Yes 5101:2-42-05 Amendment Original Filing Yes Yes 5101:2-42-08
Jurisdiction Ends: 4/4/2014 Rule Title Mandatory CSEA fiscal reports. IV-D contracts: overview. Jurisdiction Ends: 4/6/2014 Rule Title Issuance

of cash assistance benefits. Jurisdiction Ends: 4/4/2014 Rule Title Benefit eligibility: victims
of trafficking. Benefit eligibility: victims
of trafficking.
Public Hearing: 3/4/2014 Public Hearing: 3/4/2014 Public Hearing: 3/4/2014 Benefit eligibility: family members

of victims
of trafficking. Benefit eligibility: family members

of victims
of trafficking. Jurisdiction Ends: 4/6/2014 Public Hearing: 3/4/2014 Rule Title Ohio works first (OWF): erroneous payments. Jurisdiction Ends: 4/6/2014 Public Hearing: Ryle Title Disability financial assistance (DFA): interim assistance. Disability financial assistance (DFA): interim assistance. Jurisdiction Ends: 3/27/2014 Public Hearing: 2/25/2014 Rule Title Selection

of a placement setting. Acceptance

of temporary custody
by agreement and court-approved extensions. Click on the rule number

in blue above
to vlew the rule in its entirety
on the Register
of Ohio website. JCARR
77 South High Street

• Concourse Level· Columbus, Ohio 43215

• (614) 466-4086

• www.jcarr.state.oh.us

• Page

4 • 311712014FINAL AGENDA JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30 P.M.

FINAL AGENDA Senate Finance Hearing Room (Finan Hearing Room) Amendment Original Filing Yes Yes 5101:2-42-09 Acceptance

of permanent custody
by permanent surrender. Amendment Original Filing Yes Yes 5101:2-42-18.1 Non-discrimination requirements

for foster care placements. Amendment Original Filing Yes Yes 5101:2-42-19 Requirements

for the provision

of independent living services

to youth

in custody. Amendment Original Filing
No Yes 5101:2-42-19.2 Requirements

for provision

of independent living services

to young adults who have emancipated. 16 Department

of Job and Family Services· Division
of Social Services Total Rules:

1 Original Filing Date: 1/23/2014 Rule Type Action

CSI FYR Amendment Original Filing
No Yes Total Rules:

1 Original Filing Date: 1/23/2014 Rule Type Action

CSI FYR Amendment Revised Filing
No Yes Rule Number 5101:2-44-13
Jurisdiction Ends: 3/29/2014 Public Hearing: 2/25/2014 Rule Title Public children services agency (PCSA) administration

of the post adoption special services subsidy (PASSS) program. Date of Revised Filing: 2/20/2014 Jurisdiction Ends: 3/29/2014 Public Hearing: 2/25/2014 Rule Number 5101:2-44-13.1

Rule Title Eligibility and application process for the post adoption special services subsidy (PASSS) program. 17 Department

of Job and Family Services· Division
of Social Services Total Rules:

4 Original Filing Date: 1/23/2014 Rule Type Action

CSI FYR Amendment Original Filing

No Yes Amendment Original Filing
No Yes Amendment Original Filing

No Yes Amendment Original Filing
No Yes Total Rules:

2 Original Filing Date: 1/23/2014 Rule Type Action

CSI FYR Amendment Revised Filing

No Yes Amendment Revised Filing

No Yes Rule Number 5101:2-47-01 5101:2-47-16 5101:2-47-17
Jurisdiction Ends: 3/29/2014 Public Hearing: 2/25/2014 Rule Title Administration

of the Title IV-E foster care maintenance program (FCM). Foster care maintenance program reimbursability: Reimbursable placement settings. Foster care maintenance program reimbursability: Reimbursements

for FCM and child care for public foster homes, relative homes, and pre-finalized adoptive homes. Foster care maintenance program reimbursability: Reimbursements related
to the 5101 :2-4 7-18 difficulty
of care needs of a child placed

in a foster home, relative home, or pre-finalized adoptive home. Date of Revised Filing: 2/11/2014 Jurisdiction Ends: 3/29/2014 Public Hearing: 2/25/2014 Rule Number 5101:2-33-29 5101:2-47-19

Rule Title Verification

of United States citizenship and immigration status for all children

in foster care. Foster care maintenance program reimbursability: payments, reimbursements, graduation expenses and personal incidentals. 18 Department

of Job and Family Services

• ODJFS Practices Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website. JCARR
77 South High Street

• Concourse Level• Cofumbus, Ohio 43215

• (614) 466-4086

• www.jcarr.state.ohus

• Page

5 • 3117/2014FINAL AGENDA JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) Total Rules:

1 Original Filing Date: 1/29/2014

Jurisdiction Ends: 4/4/2014 Rule Type Action

CSI FYR

Rul§ Title

FINAL AGENDA Public Hearing: Amendment Original Filing

No Yes Rule Nymber 5101:9-6-31 County share of public assistance expenditures
and the mandated share budget. 19 Department

of Mental Health and Addiction Services

• Total Rules:

6 Original Filing Date: 1/13/2014 Ryle Type &;liQn

1&!. FYR Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Amendment Revised Filing Yes No Total Rules:

4 Original Filing Date: 1/13/2014 Bule Typ§ Action

1&!. FYB Amendment Revised Filing Yes Yes New Rule Revised Filing Yes No New Rule Revised Filing Yes No New Rule Revised Filing Yes No 20 Department

of Public Safety

• Total Rules:

2 Original Filing Date: 1/15/2014 Rule Tyge Action

CSI FYR Amendment Revised Filing No No Amendment Revised Filing No No 21 Depaament

of Public Safety

• Total Rules:

9 Original Filing Date: 1/31/2014 Byte Tyge &;liQn

1&!. FYR Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No Amendment Original Filing Yes No
Date of Revised Filing: 1/14/2014 Jurisdiction Ends: 3/19/2014 Rule Number 5'122-33-03 5122-33-04 5122-33-05 5122-33-12 5122-35-03

Bule Title License application and renewal procedures. Application review process. Issuance, renewal, and denial of licenses. Facility management responsibilities. Operator standards. 5122-35-04 Caregiver standards. Date of Revised Filing: 2/4/2014 Jurisdiction Ends: 3/19/2014 Rule Number 5122-30-04 5122-30-31 5122-33-28 5122-35-11

Rule Title Licensure application and procedures. Background investigations

for employment. Background investigations

for employment. Background investigations

for employment. Date of Revised Filing: 1/17/2014 Jurisdiction Ends: 3/21/2014 Rule Title Definitions.

Public Hearing: 2/19/2014 Public Hearing: 2/19/2014 Public Hearing: 2/18/2014 Rule Number 4501-7-01 4501-7-04 Application
for and renewal

of class "D" and online school licenses. Rule Number 4501-21-01 4501-21-02 4501-21-04 4501-21-05 4501-21-06

Rule Till§ Definitions. Scope, Jurisdiction Ends: 4/6/2014 Character and fitness.

Public Hearing: 3/5/2014 Application
for and renewal

of remedial driving course approvaL Course curriculum. Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website. JCARR
77 South High Street

• Concourse Level• Columbus, Ohfo 43215

• (614) 466·4086

• www.jcarr.state.oh.us ·Page

6 • 311712014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)Advertisingandsolicitingbusiness.FINALAGENDAAmendmentOriginalFilingAmendmentOriginalFilingAmendmentOriginalFilingYesNoYesNoYesNo4501-21-084501-21-124501-21-13Records,certificatesofcompletion,&courseevaluations.Classrooms.NewRuleOriginalFilingYesNo4501-21-15Ranges,vehicles,andinsuranceforadvancedjuveniledriverimprovementprograms.22DepartmentofRehabilitationandCorrection•DivisionofParoleandCommunitvServicesTotalRules:12OriginalFilingDate:1/29/2014RuleT¥geActionCSIFYRAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesRescissionOriginalFilingNoYesAmendmentOriginalFilingNoYesRescissionOriginalFilingNoYesNewRuleOriginalFilingNoNoRescissionOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesAmendmentOriginalFilingNoYesTotalRules:2OriginalFilingDate:1/29/2014RuleT¥geActionCSIFYRAmendmentRevisedFilingNoYesNewRuleRevisedFilingNo NoTotalRules:2OriginalFilingDate:1/29/2014Rul12T¥geActionCSIFYRAmendmentRevisedFilingNoYesAmendmentRevisedFilingNoYesTotalRules:3OriginalFilingDate:1/29/2014RuleTygeActionCSIFYRAmendmentRevisedFilingAmendmentRevisedFilingNoYesNoYesJurisdictionEnds:4/4/2014RuleNumberRuleTitle5120:1-8-02Classification.5120:1-8-03Security.5120:1-8-06Communication.5120:1-8-09Medical.5120:1-8-11Recreationandprogramming.5120:1-8-12Prisonerdiscipline.5120:1-8-12InmateDisciplinaryProcess.5120:1-8-14Disciplinaryhearing.5120:1-8-15Administrativesegregation.5120:1-8-16Grievance.5120:1-8-17Staffing.5120:1-8-18Stafftraining.DateofRevisedFiling:1/30/2014JurisdictionEnds:4/4/2014RuleNumberRuleTitle5120:1-8-01Receptionandrelease.5120:1-8-09Medical/MentalHealth.DateofRevisedFiling:2/3/2014JurisdictionEnds:4/4/2014RuleNumberRuleTitle5120:1-8-04Housing.5120:1-8-05Sanitationandenvironmentalconditions.DateofRevisedFiling:3/4/2014JurisdictionEnds:4/4/2014RuleNumber5120:1-7-025120:1-8-07RuleTitleGlossaryofterms.Visitation.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.PublicHearing:3/7/2014PublicHearing:3/7/2014PublicHearing:3/7/2014PublicHearing:3/7/2014JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page7•311712014FINAL AGENDA Amendment Revised Filing
No 23 Ohio Arts Council

•

Yes JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) 5120:1-8-10

Food service.

FINAL AGENDA Total Rules: 25 Original Filing Date: 1/24/2014

Jurisdiction Ends: 3/30/2014 Public Hearing: Rule TYQSl Action

l&l .EYE Rule Num!ler

Rule Title Amendment Original Filing

No Yes 3379-1-01 Principal office. Amendment Original Filing

No Yes 3379-3-01 Annual meeting. Amendment Original Filing

No Yes 3379-3-02 Special meetings. Amendment Original Filing

No Yes 3379-3-03

Place of meeting. Amendment Original Filing

No Yes 3379-3-04
Notice. Amendment Original Filing

No Yes 3379-3-05 Quorum. Amendment Original Filing

No Yes 3379-3-06
Voting rights. Amendment Original Filing

No Yes 3379-3-07 Organization. Amendment Original Filing

No Yes 3379-3-08
Notice
to the public. Amendment Original Filing

No Yes 3379-5-02 Executive committee. Amendment Original Filing

No Yes 3379-5-03 Procedure. Amendment Original Filing

No Yes 3379-7-01 Number. Amendment Original Filing

No Yes 3379-7-02 Election and term of office. Amendment Original Filing

No Yes 3379-7-03 Vacancy. Amendment Original Filing

No Yes 3379-7-04 Director's powers and duties. Amendment Original Filing

No Yes 3379-7-05 Secretary. Amendment Original Filing

No Yes 3379-7-06 Consultants

to the council. Amendment Original Filing

No Yes 3379-7-07 Advisory panels. Amendment Original Filing

No Yes 3379-7-08 Compensation. Amendment Original Filing

No Yes 3379-9-01

State of arts reports. Amendment Original Filing

No Yes 3379-9-02 Conflict
of interest reports. Amendment Original Filing

No Yes 3379-13-01 Amendments. Amendment Original Filing

No Yes 3379-15-02 Procedures

for accessing confidential personal information. Amendment Original Filing

No Yes 3379-15-03

Valid reasons for accessing confidential person information. New Rule Original Filing No No 3379-17-01

Gifts and Donations. 24 Ohio Degartment

of Medicaid

• Total Rules:

1 Original Filing Date: 1/10/2014
Date of Refiled Filing: 2/18/2014 Jurisdiction Ends: 3/20/2014 Public Hearing: 2/10/2014 Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website. JCARR 77 South High Street

• Concourse Level• Columbus, Ohio 43215

• (614) 466-4086

• www.jcarr.state.oh.us

• Page

8 • 311712014FINAL AGENDA Rule Type Action

CSI FYR Amendment Refiled Filing No No JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) Rule Number 5160-2-21

Rule Title Policies for outpatient hospital services. 25 Opportunities

for Ohioans with Disabilities

• Total Rules:

2 Original Filing Date: 1/14/2014 Rule Type &liQn

CSI FYR Yes Yes

Date of Revised Filing: 2/7/2014 Jurisdiction Ends: 3/20/2014 Rule Title Rule Number 3304-1-"12 Community rehabilitation program standards. FINAL AGENDA Public Hearing: 2/20/2014 Amendment Revised Filing Amendment Revised Filing Yes Yes 3304-2-52

Least cost, use of comparable benefits, consumer contribution,
and fees for services. 26 Petroleum Underground Storage Tank Release Compensation Board

• Total Rules:

1 Original Filing Date: 1/14/2014 Rule Type Action

CSI FYR Rule Number Amendment Original Filing Yes No 3737-1-04 27 Public Utilities Commission

of Ohio

• Motor Carriers Total Rules:

2 Original Filing Date: 1/24/2014 Rule Type Action

CSI FYR !3yle Number Rescission Original Filing

No Yes 4901:2-11-08 Rescission Original Filing

No Yes 4901:2-11-09 28 Public Utilities Commission

of Ohio

• Utilities T alai Rules:

5 Original Filing Date: 1/29/2014 Rule Type Action

CSI FYR Rule Number Amendment Original Filing Yes Yes 4901:1-14-01 Amendment Original Filing Yes Yes 4901:1-14-02 Amendment Original Filing Yes Yes 4901:1-14-03 Amendment Original Filing Yes Yes 4901:1-14-04 Amendment Original Filing Yes Yes 4901:1-14-07 29 School EmPIQYees Retirement Svstem

• Total Rules:

3 Original Filing Date: 1/15/2014 Rule Type Action

CSI FYR Rule Number Amendment Original Filing
No Yes 3309-1-04 Amendment Original Filing

No Yes 3309-1-09
Jurisdiction Ends: 3/20/2014 Public Hearing: 2/19/2014 Rule Title Annual petroleum underground storage tank financial assurance fee, certification

of compliance,
and financial responsibility. Jurisdiction Ends: 3/30/2014 Rule Title Indicating changes. Requests
for special permission. Rule Title Definitions. Jurisdiction Ends: 4/4/2014 Purpose and scope. Applicability. Reports. Audits. Jurisdiction Ends: 3/21/2014 Rule Title Election

of retirement board members. Federal taxation.

Public Hearing: Public Hearing: Public Hearing: Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website. JCARR 77 South High Street

• Concourse Level

• Columbus, Ohio 43215

• (614) 466-4086

• www.jcarr.state.oh.us

• Page

9 • 311712014FINAL AGENDA Amendment Original Filing
No Yes JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014- 1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) 3309-1-20 Validity
of marriage.

FINAL AGENDA 30 State Board of Emergenc)l Medical, Fire, and Traos!!orlation Services

• Total Rules: 19 Original Filing Date: 1/16/2014

Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 Rule TllQ!l Action

.Q.Sl FYR Rule Nymber

Rule Titl!l Rescission Original Filing Yes Yes 4765-11-01 Definitions. New Rule Original Filing Yes No 4765-11-01 Definitions. Rescission Original Filing Yes Yes 4765-11-02 Classification

of fire service training programs. New Rule Original Filing Yes No 4765-11-02 Classification

of firefighter, fire safety inspector and instructor training courses. Rescission Original Filing Yes Yes 4765-11-03 Chartering

of training programs. New Rule Original Filing Yes No 4765-11-03 Qualifications

for a fire charter. Rescission Original Filing Yes Yes 4765-11-04 Application

for charter. New Rule Original Filing Yes No 4765-11-04 Application

for a fire charter. Rescission Original Filing Yes Yes 4765-11-05 Renewal

of charter. New Rule Original Filing Yes No 4765-11-05 Renewal

of a fire charter. Amendment Original Filing Yes Yes 4765-11-06 Notification

to executive director. Rescission Original Filing Yes Yes 4765-11-07 Reinstatement

of an expired charter. New Rule Original Filing Yes No 4765-11-07 Reinstatement

of an expired fire charter
or classification. Rescission Original Filing Yes Yes 4765-11-08 Reinstatement

of a revoked charter
or classification. New Rule Original Filing Yes No 4765-11-08 Reinstatement

of a revoked fire charter
or classification. Rescission Original Filing Yes Yes 4765-11-09 Volunteer firefighter curriculum. New Rule Original Filing Yes No 4765-11-09 Volunteer firefighter course. Rescission Original Filing Yes Yes 4765-11-10 Firefighter

I transition course curriculum. New Rule Original Filing Yes No 4765-11-10 Firefighter

I transition course. 31 State Board of Em!lrgenc)l Medical, Fire, and Trans!!orlation ServiC!lll

• Total Rules: 16 Original Filing Date: 1/16/2014

Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 Rule IllQ!l Action

CSI FYR Rule Number

Ryls: Ii!le Rescission Original Filing Yes Yes 4765-11-11 Firefighter

I curriculum. New Rule Original Filing Yes No 4765-11-11 Firefighter

I course. Rescission Original Filing Yes Yes 4765-11-12 Firefighter

II transition course curriculum. New Rule Original Filing Yes No 4765-11-12 Firefighter

II transition course. Rescission Original Filing Yes Yes 4765-11-13 Firefighter

II curriculum. Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website. JCARR 77 South High Street

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• (614) 466-4086

• www.jcarr.state.oh.us

• Page 10
• 3/1712014FINALAGENDAJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)NewRuleOriginalFilingYesNo4765-11-13FirefighterIandIIcourse.RescissionOriginalFilingYesYes4765-11-14Firesafetyinspectorcurriculum.NewRuleOriginalFilingYesNo4765-11-14Firesafetyinspectorcourse.RescissionOriginalFilingYesYes4765-11-15Fireserviceinstructorcurriculum.NewRuleOriginalFilingYesNo4765-11-15Fireinstructorandassistantfireinstructorcourse.RescissionOriginalFilingYesYes4765-11-16Firesafetyinspectorinstructorcurriculum.NewRuleOriginalFilingYesNo4765-11-16Firesafetyinspectorinstructorcourse.NewRuleOriginalFilingYesNo4765-11-17Firecharteroffsitelocations.NewRuleOriginalFilingYesNo4765-11-18Onlineeducationanddistancelearningforfiresafetyinspectorandinstructortrainingcoursesofferedthroughacharteredprogram.NewRuleOriginalFilingYesNo4765-11-19Writtenexaminationadministrationrequirements.NewRuleOriginalFilingYesNo4765-11-20Practicalexaminationadministrationrequirements.32StateBoardofMedical,Fire,andTrans11ortationServices•TotalRules:7OriginalFilingDate:1/16/2014JurisdictionEnds:3/22/2014PublicHearing:2/18/20148.YI!2TyQeActionl&lEYERul12NymberB.uleTitleRescissionOriginalFilingYesYes4765-22-01Professionalstandardsofconductforfireservicetrainingcertificateholders.NewRuleOriginalFilingYesNo4765-22-01Professionalstandardsofconductforfirefighterandfiresafetyinspectorcertificateholders.RescissionOriginalFilingYesYes4765-22-02Professionalstandardsofconductforcertifiedinstructor.NewRuleOriginalFilingYesNo4765-22-02Professionalstandardsofconductforinstructors.AmendmentOriginalFilingYesYes4765-23-01Investigationprocess.AmendmentOriginalFilingYesYes4765-23-02Administrativeactions.AmendmentOriginalFilingYesYes4765-23-03Reportofadministrativeactions.33StateBQi!rdofMedical,Fire,andTransgortationServices•TotalRules:19OriginalFilingDate:1/16/2014JurisdictionEnds:3/22/2014PublicHearing:2/18/2014Rul12TyQeActionCSIFYRRul12Rul12Titl12RescissionOriginalFilingYesYes4765-20-01Generalprovisions.NewRuleOriginalFilingYesNo4765-20-01Generalprovisions.RescissionOriginalFilingYesYes4765-20-02Qualificationsforacertificateoffirefightertraining.NewRuleOriginalFilingYesNo4765-20-02Qualificationsforafirefightercertificate.RescissionOriginalFilingYesYes4765-20-03Qualificationsforacertificateoffiresafetyinspectortraining.NewRuleOriginalFilingYesNo4765-20-03Qualificationsforafiresafetyinspectorcertificate.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page11•311712014FINAL AGENDA Rescission Original Filing Yes Yes New Rule Original Filing Yes No Amendment Original Filing Yes Yes Rescission Original Filing Yes Yes New Rule Original Filing Yes No Rescission Original Filing Yes Yes New Rule Original Filing Yes No Rescission Original Filing Yes Yes New Rule Original Filing Yes No Rescission Original Filing Yes Yes New Rule Original Filing Yes No Rescission Original Filing Yes Yes New Rule Original Filing Yes No JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30
P.M.

FINAL AGENDA Senate Finance Hearing Room (Finan Hearing Room) 4765-20-04 Application

for a certificate

of fire training. 4765-20-04 Application

for a firefighter, fire safety inspector

or instructor certificate. 4765-20-05 Notification

to the executive director
of change
of personal information. 4765-20-06

Fire training examinations. 4765-20-06 Firefighter,
fire safety inspector and instructor examinations. 4765-20-07 Renewal

of a certificate

of fire training. 4765-20-07 Renewal

of a firefighter

or fire safety inspector certificate. 4765-20-08 Reinstatement

of a certificate

of fire training. 4765-20-08 Reinstatement

of a firefighter

or fire safety inspector certificate. 4765-20-09 Reinstatement

of a revoked certificate

of fire training. 4765-20-09 Reinstatement

of a revoked firefighter

or fire safety inspector certificate. 4765-20-10 Certificate

in lieu of completing

a chartered training program. 4765-20-10 Certificate

in lieu of completing

a chartered training program. 34 Stam Board of Emergency: Medical, Fir!!, and Tr!!nsj;lortation Service§

• Total Rules: 20 Original Filing Date: 1/16/2014

Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 Rule **T~pe** Action

l&t FYR Rule Numb§r

Rul§ Title Rescission Original Filing Yes Yes 4765-20-11 Equivalency

for a certificate

of fire service training. New Rule Original Filing Yes No 4765-20-11 Firefighter certification

by reciprocity. Rescission Original Filing Yes Yes 4765-20-12 Equivalency

for fire instructor. Rescission Original Filing Yes Yes 4765-20-13 Options for firefighter continuing education. New Rule Original Filing Yes No 4765-20-13 Firefighter continuing education. Rescission Original Filing Yes Yes 4765-20-14 Continuing education option two: upgrade

to firefighter

I. New Rule Original Filing Yes No 4765-20-14 Continuing education option
to upgrade

a volunteer firefighter

to a firefighter

I. Rescission Original Filing Yes Yes 4765-20-15 Continuing education option two: upgrade

to firefighter

II. New Rule Original Filing Yes No 4765-20-15 Continuing education option
to upgrade

a firefighter

I to a firefighter

II. Rescission Original Filing Yes Yes 4765-20-16

Fire safety inspector continuing education. New Rule Original Filing Yes No 4765-20-16

Fire safety inspector continuing education. Rescission Original Filing Yes Yes 4765-20-17 Exemption
for continuing education. New Rule Original Filing Yes No 4765-20-17 Exemption from firefighter

or fire safety inspector continuing education. Rescission Original Filing Yes Yes 4765-20-18 Voluntary surrender

in level of certificate

of fire training. New Rule Original Filing Yes No 4765-20-18 Voluntary surrender

of certificate

of fire service training. Rescission Original Filing Yes Yes 4765-20-19

Initial renewal
of active firefighter certification. Click on the rule number

in blue above
to view the rule in its entirety on the Register
of Ohio website. JCARR
77 South High Street

• Concourse Level

• Columbus, Ohio 43215

• (614) 466-4086

• www.jcarr.state.oh.us ·Page
12
• 3!1712014FINALAGENDARescissionOriginalFilingYesYesRescissionOriginalFilingYesYesAmendmentOriginalFilingYesYesRescissionOriginalFilingYes YesJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)FINALAGENDA4765-20-20Initialrenewalofactivefiresafetyinspectorcertification.4765-20-21Initialrenewalofactivefireinstructorcertification.4765-20-22Firetrainingcertificatesandfireinstructorcertificationcyclesandcontinuingeducationrequirements.4765-20-23MergingoffireserviceandfireinstructorcertificateswithEMScertificates.35StateBoardofEmergencl£Medical,Fire,en!lTransgortatjonServices•TotalRules:20OriginalFilingDate:1/16/2014JurisdictionEnds:3/22/2014PublicHearing:2/18/2014RuleTl£geActionCSIFYRRuleNumberRuleTitleRescissionOriginalFilingYes Yes4765-21-02Fireserviceinstructortrainingprogramentrancerequirements.NewRuleOriginalFilingYesNo4765-21-02Instructortrainingcourseentrancerequirements.RescissionOriginalFilingYes Yes4765-21-03Criteriaforacertificatetoteachfireservicetraining.NewRuleOriginalFilingYesNo4765-2'1-03Qualificationsforaninstructorcertificate.RescissionOriginalFilingYes Yes4765-21-04Renewalofacertificatetoteachfireservicetraining.NewRuleOriginalFilingYesNo4765-21-04Renewalofafireinstructor,firesafetyinspectorinstructororassistantfireinstructorcertificatetoteach.RescissionOriginalFilingYes Yes4765-21-05Reinstatementofacertificatetoteachfireservicetraining.NewRuleOriginalFilingYesNo4765-21-05Eligibilityforreinstatementofafireinstructor,firesafetyinspectorinstructororassistantfireinstructorcertificatetoteach.RescissionOriginalFilingYesYes4765-21-06Qualificationforfireserviceinstructortrainers.NewRuleOriginalFilingYesNo4765-21-06Fireinstructorandfiresafetyinspectorinstructortrainers.RescissionOriginalFilingYes Yes4765-21-07EMSinstructorseekingfireserviceinstructorcertification.NewRuleOriginalFilingYesNo4765-21-07EMSinstructorseekingfireinstructororfiresafetyinspectorinstructorcertification.RescissionOriginalFilingYes Yes4765-21-08Fireserviceinstructorcrossovercertification.NewRuleOriginalFilingYesNo4765-21-08Fireinstructororfiresafetyinspectorinstructorcrossovercertification.RescissionOriginalFilingYes Yes4765-21-09Criteriaforacertificateofassistantfireinstructor.RescissionOriginalFilingYes Yes4765-21-10Reinstatementofarevokedcertificate.NewRuleOriginalFilingYesNo4765-21-10Reinstatementofarevokedfireinstructorandfiresafetyinspectorinstructorcertificate.NewRuleOriginalFilingYesNo4765-21-11Voluntarysurrenderofcertificatetoteach.NewRuleOriginalFilingYesNo4765-2'1-12Reciprocityforfireinstructor.NewRuleOriginalFilingYesNo4765-21-13Exemptionforcontinuingeducation.36StateBoardofPharmacl£•TotalRules:2OriginalFilingDate:1/31/2014JurisdictionEnds:4/6/2014PublicHearing:3/4/2014ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet·ConcourseLevel·Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us·Page13•3/17/2014FINALAGENDARuleTygeActionCSIFYRNewRuleOriginalFilingYesNoNewRuleOriginalFilingYesNoJOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.SenateFinanceHearingRoom(FinanHearingRoom)RuleNymberRuleTitle4729-11-01Definitions.4729-11-02SchedulingofCompounds.FINALAGENDA37StateCommitteeforthePurchaseofProductsandServicesProvidedbyPersonswithSevereDisabilities•TotalRules:15OriginalFilingDate:1/15/2014JurisdictionEnds:3/21/2014PublicHearing:2/19/2014BuleTygeActionl&!FYRByleRuleTitleRescissionOriginalFilingNoYes4115-1-01Definitions.RescissionOriginalFilingNoYes4115-3-01Purpose.RescissionOriginalFilingNoYes4115-3-02Recommendations.RescissionOriginalFilingNoYes4115-3-03Correspondenceandinquiries.RescissionOriginalFilingNoYes4115-3-04Noticeofmeetings.RescissionOriginalFilingNoYes4115-3-05Publicnotice:adoption,amendmentorrescissionofrules.RescissionOriginalFilingNoYes4115-5-01Committeemembership.RescissionOriginalFilingNoYes4115-5-02Dutiesandpowersofthecommitteeforthepurchaseofproductsandservicesprovidedbypersonswithseveredisabilities.RescissionOriginalFilingNoYes4115-5-03Centralnonprofitagencies'responsibilities.RescissionOriginalFilingNoYes4115-5-04Violationsofthestateuseprogramlaw,rulesorregulations.RescissionOriginalFilingNoYes4115-6-01Approvalofcentralnonprofitagency(ies).RescissionOriginalFilingNoYes4115-6-02Approvalprocedureforcentralnonprofitagency(ies).RescissionOriginalFilingNoYes4115-6-03Renewalofcentralnonprofitagency(ies)approval.RescissionOriginalFilingNoYes4115-6-04Annualevaluationofcentralnonprofitagency(ies).RescissionOriginalFilingNoYes4115-6-05Commissionfees.38StateCommitteeforthePurchaseofProductsandServicesProvidedbvPersonswithSevereDisabilities•TotalRules:16OriginalFilingDate:1/15/2014JurisdictionEnds:3/21/2014PublicHearing:2/19/2014RuleTyQ!ilRescissionRescissionRescissionRescissionRescissionRescissionActionl&!OriginalFilingNoOriginalFilingNoOriginalFilingNoOriginalFilingNoOriginalFilingNoOriginalFilingNoFYRRuleNumberYes4115-7-01Yes4115-7-02Yes4115-7-03Yes4115-7-04Yes4115-7-05Yes4115-7-06RuleTitleCertificationofqualifiednonprofitagencies.Procurementlist.Purchasewaivers.Deletionofitemsfromtheprocurementlist.Committeedecisionspertainingtoanadditiontotheprocurementlist.Qualityofmerchandiseandservicesprovided.ClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite.JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page14•3117/2014FINALAGENDARescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYesRescissionOriginalFilingNoYes39OhioEnvironmentalProtectionAgencl£•JOINTCOMMITTEEONAGENCYRULEREVIEW3/17/2014-1:30P.M.FINALAGENDASenateFinanceHearingRoom(FinanHearingRoom)4115-7-074115-7-094115-7-104115-7-114115-7-124115-7-134115-7-144115-7-154115-7-164115-7-17Specificationchanges.Allocationandorders.Adjustmentandcancellationoforders.Shippingandpacking.Fairmarketpricingforsite-specificservices.Fairmarketpricingforservicespricedasproducts.Fairmarketpricingforproducts/commodities.ExceptionruleforpresentingjustificationtoexceedstateusecommitteeofOhiofairmarketpricingguidelines.Payments.Previouslyapprovedproductsandservices.ToBeRefiledTotalRules:16OriginalFilingDate:1/10/2014DateofToBeRefiled:2/19/2014JurisdictionEnds:PublicHearing:2/18/2014RuleTl£geAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentAmendmentL:l1;liQnCSIToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesToBeRefiledYesFYRYesYesYesYesYesYesYesYesYesYesYesYesYesYesRuleNumber3745-31-013745-31-023745-31-063745-31-093745-31-103745-31-113745-31-123 745-3"1-133745-31-143745-31-153745-31-163745-31-173745-31-183745-31-19RuleTitleDefinitions.Applicability,requirements,andobligations.Completenessdeterminations,processingrequirements,publicparticipation,publicnotice,andissuance.Variancesonoperation.NSRprojectsatexistingemissionsunitsatamajorstationarysource.Attainmentprovisions-ambientairincrements,ceilingsandclassifications.Attainmentprovisions-datasubmissionrequirements.Attainmentprovisions-reviewofmajorstationarysourcesandmajormodifications,stationarysourceapplicabilityandexemptions.Attainmentprovisions-preapplicationanalysis.Attainmentprovisions-controltechnologyreview.Attainmentprovisions-majorstationarysourceimpactanalysis.Attainmentprovisions-additionalimpactanalysis.Attainmentprovisions-airqualitymodels.Attainmentprovisions-noticetotheUnitedStatesenvironmentalprotectionClickontherulenumberinblueabovetoviewtheruleinitsentiretyontheRegisterofOhiowebsite,JCARR77SouthHighStreet•ConcourseLevel•Columbus,Ohio43215•(614)466-4086•www.jcarr.state.oh.us•Page15•3117/2014FINAL AGENDA JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30 P.M.

FINAL AGENDA Senate Finance Hearing Room (Finan Hearing Room) Amendment

To Be Refiled Yes Yes Amendment

To Be Refiled Yes Yes 40 Ohio Environmental Protection Agency

• Total Rules:

9 Original Filing Date: 1/10/2014 Rule Tyge Action

.em FYR Amendment

To Be Refiled Yes Yes Amendment

To Be Refiled Yes Yes Amendment

To Be Refiled Yes Yes New Rule To Be Refiled Yes No New Rule To Be Refiled Yes No Amendment

To Be Refiled Yes Yes Amendment

To Be Refiled Yes Yes Amendment

To Be Refiled Yes Yes Amendment

To Be Refiled Yes Yes 3745-31-20 3745-31-21 agency. Attainment provisions

- innovative control technology. Nonattainment provisions

- review
of major stationary sources and major modifications

- stationary source applicability and exemptions. Date alTo Be Refiled: 2/25/2014 Jurisdiction Ends: Public Hearing: 2/18/2014 Rule Number 3745-31-22 3745-31-23 3745-31-24 3745-31-25 3745-31-26 3745-31-27 3745-31-28 3745-31-29 3745-31-32

Rule Title Nonattainment provisions

- conditions
for approval. Nonattainment provisions

- stationary sources locating

in designated clean or unclassifiable areas which would cause or contribute

to a violation
of a national ambient air quality standard. Nonattainment provisions

- baseline for determining credit for emission and air quality offsets. Nonattainment provisions

- location
of offsetting emissions. Nonattainment provisions

- offset ratio requirements. Nonattainment provisions

- administrative procedures

for emission offsets. Review
of major stationary sources

of hazardous

air pollutants requiring MACT determinations. General permit-to-install

and general PTIO. Plantwide applicability limit (PAL). Withdrawn 41 Department

of Commerce· Board of Building Standards: Residential Code of Ohio Total Rules:

1 Original Filing Date: 1/28/2014 Rule
T yge 8&!iQn

.Qm FYR Amendment Withdrawn Filing Yes No 42 Public Utilities Commission

of Ohio

• Utilities Total Rules:

4 Original Filing Date: 11/28/2012 Rule Type Action

CSI FYR Amendment Withdrawn Filing No Yes Amendment Withdrawn Filing
No Yes
Date of Withdrawn Filing: 3/14/2014 Jurisdiction Ends: Rule Number 4101:8-5-01

Rule Title Floors. Date of Withdrawn Filing: 3/6/2014 Jurisdiction Ends: Rule Number 4901:1-8-01 4901:1-8-02

Rule Title Definitions. General provisions. Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website.
Public Hearing: 2/28/2014 Public Hearing: JCARR 77 South High Street

• Concourse Level• Columbus, Ohio 43215

• (614) 466-4086

• www.jcarr.state.oh.us

• Page 16 • 311712014FINAL AGENDA Amendment Withdrawn Filing Yes Yes Amendment Withdrawn Filing Yes Yes JOINT COMMITTEE

ON AGENCY RULE REVIEW 3/17/2014-1:30 P.M. Senate Finance Hearing Room (Finan Hearing Room) 4901:1-8-04 4901:1-8-05 Records. Reporting. Click on the rule number

in blue above
to view the rule in its entirety
on the Register
of Ohio website. FINAL AGENDA JCARR 77 South High Street

• Concourse Level

• Columbus, Ohio 43215

• (614) 466-4086

• www.jcarr.statRoh.us

• Page 17 • 311712014

# Article 

# Ill Attachment D Final Adoption Notice to LSC Director and Secretary of State

### Ohio EPA will provide this document under separate cover after these rules have been adopted.

# Article IV Hearing Transcripts

### BEFORE THE OHIO EPA

IN RE: Division of Air Pollution Control Permits-to-Install New Sources Permit-to-Install and Operate Program

Public Hearing before Moderator Mary McCarron, taken at the Ohio Environmental Protection Agency, 50 West Town Street, 6th Floor Conference Room A, Columbus, Ohio at 10:30 a.m.

on Tuesday, February 18, 2014.

FRALEY, COOPER & ASSOCIATES 222 East Town Street, Second Floor Columbus, Ohio 43215-4620 (614) 228-0018

- (614) 852-6163 Fax

- ( 614) 224-5724

### 1
2 P-R-0-C-E-E-D-I-N-G-S 

### MODERATOR McCARRON: My name is Mary 3 McCarron, and I will be presiding over today's 4 hearing.
5 

### The purpose of today's hearing is to 2

6 obtain comments from interested persons regarding 7 Ohio EPA's proposed rules. 8 Ohio EPA Division of Air Pollution 9 Control is proposing revisions to rules in the 10 Ohio Administrative Code Chapter 3745-31. These 11 rules govern the Permits-to Install New Sources 12 and Permit to-Install and Operate Program. 13 These rules have been filed with the 14 Joint Committee on Agency Rule Review. 15 All interested persons are entitled to 16 attend or be represented and to present oral 17 and/or written comments concerning the proposed 18 rule. All written and oral comments received as 19 part of the official record will be considered by 20 the Director of Ohio EPA. 21 To be included in the official record, 22 written comments must be received by Ohio EPA by 23 the close of business today, Tuesday, February 24 18, 2014. All written comments submitted for the3


### 1 record receive the same considering as oral
2 

### testimony given today. Written statements 3 submitted after today may be considered as time 4 and circumstances permit but won't be part of the 5 official record of the hearing. 6 At this time there's nobody present to 7 provide testimony, so we'll go off the record 8 until 11 a.m. 9 

### 10 (Break taken until 11:00 a.m.) MODERATOR McCARRON: 

### The time is now 11 11 a.m. and nobody has arrived to present 12 testimony, so this hearing is adjourned.
13 

### 14 (Thereupon, the hearing was adjourned at 15 11:01 a.m., on Tuesday, February 18, 2014.) 16
17 

### 18
19 

### 20 21 22
23 

### 244

1 C E R T I F I C A T E
2

- - - 

### 3 STATE OF OHIO SS: 4 COUNTY OF FRANKLIN 5 I, Jennifer L. Parish, Registered
6 

### Professional Reporter, do hereby certify that the
7 

### foregoing is a true, correct, and complete
8 

### transcript of the proceedings in the matter 9 

### before the Ohio Environmental Protection Agency, 10 as reported by me in stenotype and transcribed 11 from my stenographic notes. 12 DATED this 3rd day of March, 2014. 13 14
15 16
17 18 19 

### 20 21
22 

### 23 24 JENNIFER L. PARISH, RPR NOTARY PUBLIC-STATE OF OHIO

My Commission Expires: November 23, 2014.

# Article V Response to Comments

# OhioEPA

Division of Air Pollution Control Response to Comments Draft Rule Language Comment Period
Rule: OAC Chapter 3745-31 Permits to Install New Sources Agency Contact for this Package Division Contact: Jennifer Avellana, DAPC, 614-644-3625, jennifer.avellana@epa.ohio.gov Ohio EPA provided a 32 day comment period which ended on May 27, 2009 for many ofthe rules in OAC Chapter 3745-31. Ohio EPA then provided a 30 day comment period for these same rule changes and additional rule changes within OAC Chapter 3745-31 that ended on May 10, 2013. Ohio EPA then proposed the amended, new and rescinded rules to the Joint Committee on Agency Rule Review (JCARR). Ohio EPA held a public hearing for these rules on Tuesday, February 18, 2014. Ohio EPA accepted comments on the rule proposaL This document summarizes the comments and questions received at the public hearing and/or during the associated comment periods. Ohio EPA reviewed and considered all comments received during the comment period. By law, Ohio EPA has authority to consider specific issues related to protection ofthe environment and public health. In an effort to help you review this document, the questions are grouped by topic and organized in a consistent format The name ofthe commenter follows the comment in parentheses.

General/Overall Concerns Comment 1:

Response 1: The draft rules still include the PM2.5 Significant Impact Levels (Sils) and Significant Monitoring Concentrations (SMCs). OEPA's draft PM2.5 rules Response to Comments document includes a response (comment No. 49 on page 41 of 52) to Region 5's May 10, 2013 comment letter saying that OEPA is aware of the January 22, 3013 court decision which vacated and remanded the Slls and SMCs, and that OEPA will make the necessary changes to the rules before submitting the rules for SIP approvaL Please keep in mind that the situation remains that it is unlikely that we would be able to approve the Slls into the SIP, and likewise, we cannot approve the SMCs into the SIP. (Charmagne Ackerman, Environmental Engineer, EPA Region 5) Ohio EPA is still awaiting further rulemaking and/or guidance from US EPA, and we still plan to make the necessary changes before submitting the rules for SIP approvaL

Rule 3745-31-01, "Definitions" Rule 3745-31-01(M), (EEE) and new paragraph (GGGGGG)Rule Package: 37 45-31 Response to Comments March 2014 2 of 15

Comment 2: In October of 2012, the commenter notified the Ohio EPA that the definition of "auto body refinishing facility" in OAC rule 3745-31-01(M) could potentially prevent automotive repair businesses from claiming a PBR if the business ever conducted work on any vehicle weighing over 8,500 lbs. As currently written, this definition would prohibit any repair facility with a PBR from refinishing many popular vehicles currently on the road today, such as a Ford F-250, a Ford Expedition XL SUV, or many popular vans. The definition of "auto body refinishing facility" has caused confusion within the automotive repair industry. This has resulted in some shops improperly claiming the PBR exemption, while at the same time, other repair facilities, trying to properly comply, file the more complex and onerous PTIO. Since sharing this concern with the Ohio EPA we have worked diligently together on a possible solution. After numerous discussions, it was determined that this problem could be resolved by simply removing the term "light duty trucks" from the definition of "auto body refinishing facility." "Light duty truck" is defined in OAC Section 3745-21-01(0)(109) as a motor vehicle rated at eight thousand five hundred pounds gross weight or less which is designed primarily for highway use and for the transportation of property, or is a derivative of such vehicle. We were glad to see the Ohio EPA implement this change in the proposed rule. It is important to note that the proposal would not lower emission standards or reporting requirements for the PBR or PTIO. Instead, it would simply allow shops that comply with the standards established in the PBR, to work on many popular vehicles weighing over 8,500 lbs. that are on the road today. The proposed Ohio EPA rule would not define "auto body refinishing facility" as: (M) "Auto body refinishing facility" means 

### a facility engaged primarily in collision repair and refinishing of automobiles and lif}Rt**Ei<~ty** trucks. Automobile paint-only and customizing facilities, which are engaged in repainting used motor vehicles and lifjflt ooty trucks, but do not perform collision repair work, are also included in this definition. Mobile auto body painting operations, which employ temporary spray booths meeting the design criteria specified by paragraph (A)(4)(g) ofrule 3745-31-03 ofthe Administrative Code, are also included in this definition. While we support this change, we do have a suggestion that we believe may provide additional clarity to the definition of "auto body refinishing facility." We noticed that the term "truck" is not defined in OAC rule 3745-31-01. Nor is it defined in either OAC rule 3745-15-01 or 3745-21-01, which are both referenced in the rule. Failure to defined "truck" could potentially cause additional confusion for Ohio's automotive repair industry. We would suggest the term "truck" should be clearly defined in OAC rule 3745-31-01. We believe the current definition of "truck" used by the Ohio Department of Public Safety (OOPS) in OAC rule 4501- 43-02(C) would be sufficient. OOPS defines truck as: (C) "Truck" means every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating often thousandpounds orless.Rule Package: 3745-31 Response to Comments March 28, 2014

Response 2: Page 3 of15 Adding this definition between 3745-31-01(FFFFFF) and (GGGGGG) of the proposed rule would allow automotive repair facilities claiming a PBR to work on vehicles weighing over 8,500 lbs., while at the same time provide a clear description of a "truck." Those vehicles weighing over 10,000 lbs., as used in this definition, are typically not the average passenger vehicle and usually require special equipment to repair and refinish. Therefore, it is appropriate that those shops working on these larger vehicles would be required to obtain a PTIO. Additionally, we believe the definition of "job" in paragraph (EEE) ofthe proposed rule needs to be updated to reflect the removal of "light duty truck" in the chapter. We would suggest the following: fGGG)(EEE) "Job" means the total area or areas to be refinished or repainted on an automobile or lif]At duty truck byan auto body refinishing facility. (Jamie Chilcoat, President/Chairman, Automotive Services Association of Ohio) Ohio EPA thanks the commenter for the suggestions and has made the suggested changes to OAC rule 3745-31-01(M) and has added a definition for "truck" to OAC rule 3745-31-01(GGGGGG). Rule 3745-31-01(MM) and (NN) Comment 3:

Response 3: The commenter states that while the Utilities understand that Ohio EPA is currently revising OAC rule 3745-31-03 in a separate rulemaking, the Utilities think the definition of

**"Emergency~** should include a provision that addresses electrical blackouts or failure of a grid. As noted before, the proposed rule inexplicably defines "Emergency" in 3745-31-01(MM) using three of the four categories that are in the existing definition of "Emergency" within 3745-31- 03(A)(4)(a)(viii)(a) while excluding the category where a regional transmission organization has identified conditions that require implementation of emergency plans to avoid electrical blackouts and other extreme conditions that jeopardize the electric grid. The existing and proposed rules both define emergencies to include "an electric power outage due to failure of the electrical grid." The Utilities do not think that Ohio EPA should exclude the emergency actions that are taken to avoid such outages and failure of the electrical grid. As in 3745-31- 03(A)(4)(a)(viii)(a), the definition of "Emergency" within 3745-31-01(MM) should include emergencies called by a regional transmission organization. The Utilities are satisfied with the revision to OAC rule 3745-31-01(NN) to include the following language: "Non-emergency usage does not include peak shaving or non-emergency demand response, except as provided for in 40 CFR 60.4211(f)(3)(i), 40 CFR 60.4243(d)(3)(i), and 40 CFR 63.6640(f)(i) and (ii)." (Cheri A. Budzynski on behalf of the Ohio Utility Group and its member companies ("the Utilities")) Ohio EPA has revised the definitions for emergency and emergency engine in OAC rule 3745-31-01 and paragraph (NN) of OAC rule 3745-31-03(B)(2)(a) (PBR for emergency electrical generators, emergency water pumps, orRule Package: 3745-31 Response to Comments March 28, 2014

Comment 4:

Response 4: Comment 5: Page 4 of 15
emergency air compressors powered by emergency engines} to be consistent with the requirements of 40 CFR Part 60 Subparts II II and 

### JJJJ and 40 CFR Part 63 Subpart ZZZZ. The federal regulations list the following operating scenarios as acceptable for operation of an emergency engine: emergency operation, maintenance and testing, emergency demand response, and operation in non-emergency situations for 50 hours per year. The "category where a regional transmission organization has identified conditions that require implementation of emergency plans to avoid electrical blackouts and other extreme conditions that jeopardize the electric grid" falls under the "emergency demand response" operating scenario, and is not written under the definition of "emergency." Ohio EPA has, therefore, included this operating scenario in paragraph (NN} instead of paragraph (MM} (definition of "emergency."}: "(NNI "Emergency engine" means 

### a stationary reciprocating engine or a turbine engine which operates as an emergency or standby mechanical or electrical powersource and is used only during the following: (1 

### I Emergencies. (2) Any combination ofthe following purposes for a maximum of 100 hours per calendar year: (a) Maintenance checks andreadiness testing, provided that the tests are recommended by federal. state or local government. the manufacturer, the vendor. the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine. (b/ Emergency demand response for periods in which the regional transmission authority or equivalent balancing authority and transmission operator has declared an Energy EmergencyAlert Level 2 (EEA Level 2/ as defined in the "North American Electric Reliability Corporation Reliability Standard EOP-002-3, Capacityand Energy Emergencies." In subparagraph (MM}(2}, the word "or" is missing between "local supply equipment failure" and "facility equipment failure." (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses} Ohio EPA has revised the rule as suggested. The first sentence in subparagraph (NN}(2}(e} is missing three words, which are italicized and balded as follows: "The hours per year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to power to electric or otherwise supply power as part of a 

### "'""'n'""''n"nt with another unless the conditions in paragraphRule Package: 3745-31 Response to Comments March 28, 2014

Response 5: Rule 3745-31-01(LLL) Comment6:

Response 6: Page 5 of15 (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad crosssection of Ohio businesses) Ohio EPA has revised the rule as suggested.

In subparagraph (1), the proposed rule revisions accidentally include both Ohio EPA's original draft revision (in which the words "any one or a combination of the following" were added to the first, unnumbered paragraph in section (LLL)) and Ohio EPA's new proposed revision (in which the first paragraph is numbered "(1)" and the words "any one or" are not included). The first, unnumbered paragraph should be removed, as appears to have been Ohio EPA's intent. (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris &Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA thanks the commenter for pointing out this mistake and has revised the rule as suggested.

Rule 3745-31-01(NNN) Comment?:

Response 7: The commenter states that t.he proposed new term "nitrogen dioxides" in subparagraph (3) should be "nitrogen oxides." (Robert L Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA has revised the rule as suggested.

Rule 3745-31-01(SSS\ Comment 8:

Response 8: The commenter states that there is a hyphen m1ssmg after "(PM2.5)" in subparagraph (1 )(b)(iii). (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA has revised the rule as suggested. Rule 3745-31-01(VW) Comment 9: Subsection (3)(a) of Ohio EPA's proposed rule does not match the description of that subsection in Ohio EPA's Response to Comments. The beginning of the "contemporaneous" period described in the proposed rule

- "five years prior to the date on which the owner or operator of the facility submits an initial complete application for an installation permit *** for the particular change or project"

- is the same as what Ohio EPA proposed in its draft rule revision. Ohio EPA's Response to Comments, however, states that Ohio EPA has "decided to change the contemporaneous beginning date to be based on the date the applicantRule Package: 3745-31 Response to Comments March 28, 2014 Page 6 of 15 believes construction will start at the time they submit their initial application." To the extent Ohio EPA intended to revise the proposed rule to make the beginning of the contemporaneous period the date five years before the date construction is expected or schedule to commence, we would support that revision. We would oppose, however, Ohio EPA's apparent intention to require the application to be complete in order for the submittal of the application to be used to set the beginning of the contemporaneous period. Ohio EPA states, in its Response to Comments, that it is trying to "revise the definition such that the contemporaneous start and end dates are based on static events, not variable events." If the initial application must be determined to be complete in order to set the beginning of the contemporaneous period, then the beginning of the contemporaneous time period would change if the initial application were rejected as incomplete. This would be inconsistent with Ohio EPA's intentions for these revisions. In the language describing the end of the "contemporaneous" period, the second instance of the word "on" ("***and ending on the date on which the owner or operator has identified") is ungrammatical and should be omitted, if Ohio EPA adopts the proposed language. We would oppose, however, the adoption of Ohio EPA's proposed revision. Ohio EPA's proposed end date
- "the date *** which the owner or operator has identified in the initial application as the date that the new or modified emissions unit is scheduled to start operating"
- would not take into account instances in which an owner or operator plans to shut down an existing emissions unit, and take credit for the decrease in emissions resulting from that shutdown, when a new emissions unit becomes operational. In such instances, as the date on which the new unit is scheduled to start operating changes over time, so too would the date on which the old emissions unit would be scheduled to shut down. Under Ohio EPA's definition, if the new emissions unit begins operation later than expected, and the old emissions unit ultimately shuts down after the date on which the owner or operator initially believed the new unit would start operating, the decrease in emissions from the shutdown of the old unit would not be within the contemporaneous period. US EPA's 1990 Draft NSR Workshop Manual defines the "contemporaneous" period as "when the new [or modified] emissions unit becomes operations and begins to emit a pollutant." US EPA, New Source Review Workshop Manual, at pp. A.37
- A.38 (DRAFT Oct. 1990). Defining the end of the contemporaneous period to occur when the new or modified emissions unit becomes operational would ensure that sources could obtain credit for emissions decreases from shutting down older sources upon starting up newer sources. We would urge Ohio EPA to follow US EPA's lead and adopt their definition of "contemporaneous." Accordingly, we would recommend the following language in subparagraph (3)(a): "An increase or decrease in actual emissions is increase from the change only if it occurs within the five years to the date on which the owner or rmerErlor**ex:pe•~ts** to commence on the new or modified emission the new or modified emissions unit becomes nruor,!in;n"lRule Package: 3745-31 Response to Comments March 28, 2014

Response 9:

Comment 10:

Response 10: Page 7of15 (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad crosssection of Ohio businesses)

Ohio EPA agrees there is inconsistency in what was described in the Response to Comments and in the language in the proposed rule. We will revise the rule to better state our intentions, that we are basing the beginning of the contemporaneous period on the date the permittee expects to start construction. We will base this date on the best knowledge of the permittee when they first apply for a permit as identified in their initial, "preliminarily complete" application. Ohio EPA currently undertakes a preliminary completeness review of all installation applications. We intend to use this process to verify the completeness of the application. This process checks to see if all needed data has been submitted and that all forms have been filled out. This is not the same as the technical completeness review, which is involves a more in-depth review of the technical aspects of the application, and occurs after the application has been determined to be preliminarily complete. This date, therefore, will not change throughout the technical review ofthe application. Ohio EPA agrees with the commenter's suggestion to define the end of the contemporaneous period to occur when the new or modified emissions unit becomes operational as suggested in US EPA's 1990 Draft NSR Workshop Manual. Ohio EPA will revise the rule as follows: "An increase decrease in actual emissions is the particular only if it occurs within the

to the date on the owner or of the brilitv expects increase five years construction to commence, as stated in the Initial complete for an for a new or modified emission unit for the change or on tho date when the new or modified emissions unit becomes operational and to emit a ooirUHlnL

For subparagraph (3)(e), Ohio EPA's Response to Comments states that Ohio EPA agrees the phrase "only to the extent that the following applies" is grammatically flawed, and therefore changes the phrase to "if the following applies." While this is an improvement, the phrase "The following applies" is still grammatically flowed; it should read "the following apply." Also, subparagraphs (i)-(iv) in this subsection should end in semicolons, rather than periods; subparagraph (iii) should have the word "and" added after the semicolon; and subparagraph (iv) should end with a period. Additionally, subparagraph (3)(f) should end with a period. (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) As stated in the previous response to comments, new phrasing and punctuation was added to some of the rules to bring the agency more in line with the ruleRule Package: 3745-31 Response to Comments March 2014 8 of 15 formatting conventions of the legislative services commission (LSC) and to create an agency wide standard. Subparagraphs (i)

- (iv) will retain periods instead of semicolons, in order to conform to the new formatting conventions. Periods have been added to subparagraphs (iii), (iv) and (3)(f). Also, the rule has been revised to read: "(e) A decrease in actual emissions is creditable only if the following apply:" Rule 3745-31-01(QQQQ) Comment 11:

Response 11 : The commenter reiterates a prior comment that the proposed new definition of "Permanent" is not needed or legally authorized. It is also unduly narrow. It excludes permanent emission reductions that are assured because higher emissions are no longer physically or operationally possible. It also excludes emissions that are no longer "potential" emissions due to restrictions that are legally and practically enforceable by the state, as provided in the exiting federally-approved OAC Rule 3745-31-01(WW) (proposed OAC rule 3745-31- 01(BBBBB) (definition of "Potential to Emit"). (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA has considered the commenter's concern and has changed the definition as follows: "'Permanent' means that emission reductions used to offset emission increases are assured for the life of the corresponding increase through a enforceable mechanism, through restrictions that are legally and practicably enforceable the state, or· because higher emissions are no longer physically or operationally possible, whether the corresponding increase is limited or unlimited in duration."

Rule 3745-31-01(UUUU) Comment 12: In the definition of "PM2.5 direct emissions," there is a missing")." Response 12: Ohio EPA has revised the rule as suggested. Rule 3745-31-01(WWWW)

Comment 13: The commenter reiterates a prior comment that the proposed definition of "PM2.5 precursor" is unreasonably and unjustifiably open-ended. It should not encompass all unnamed "air pollutants" that "contribute to the formation of PM2.5," a vague, unbounded, and inherently unworkable non-definition. The definition should simply say: "'PM2.5 precursor' means sulfur dioxide and nitrogen oxides." That way, it is consistent with proposed Paragraphs (NNNNN)(1 )(c) and (2)(a) and (VWW)(). If Ohio EPA ultimately decides to retain the proposed new language, however, we recommend that the definition be revised to add the following italicized and bolded language, in order to ensure that the definition reflects OHI EPA's intentions as explained in its Response to Comments:Rule Package: 3745-31 Response to Comments March 28, 2014

Response 13: Page 9 of15

'"PM2.5 means those air other than that Ohio EPA has

**rl"'mn.n~tr"''"rl** with US EPA contribute to the formation of PM2.5 in a area. PM2.5 precursora include sulfur dioxide and oxides." (Robert L Brubaker and Eric B. Gallon on behalf of "numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad crosssection of Ohio businesses) Ohio EPA has considered the comments and has revised the paragraph as suggested.

Rule 3745-31-01(YYYY) Comment 14:

Response 14: The commenter states that Ohio EPA has proposed to add the words "or gaseous emissions that condense to form particulate matter at ambient temperatures" to the definition of "PM10 emissions," in an apparent effort to bring that definition in line with the definition in Paragraph (UUUU), per the recommendation of Wei-an Chang, an Environmental Engineer in EPA Region 5. Mr. Chang and Ohio EPA appear to have misread Paragraph (UUUU) as providing the definition of "PM2.5 emissions." It does not. Instead, it provides the definition of "PM2.5 direct emissions." As a result of this mistake, the definition of "PM1 .5 emissions" in proposed Paragraph (WVV) does not include condensibles, but the definition of "PM1 0 emissions" in Paragraph (YYYY) does. We would recommend that the proposed revision to Paragraph (YYYY) be omitted and the language in that definition kept as it was. (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA thanks the commenter for recognizing this discrepancy and we have revised the rule to go back to the original language.

Rule 3745-31-01(JJJJJ) Comment 15:

Response 15: The commenter reiterates a prior comment that the phrase at the end of the definition of "quantifiable"

- "established by applicable law or approved by the director" -is unnecessary and unduly narrow and should be deleted. The phrase "reliable and replicable method" is sufficient to assure that the emissions will be accurately quantified. (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses)

Ohio EPA agrees that "reliable and replicable method" is sufficient to assure that the emissions will be accurately quantified. We have deleted the phrase "established by applicable law or approved by the director" at the end of the definition as suggested.Rule Package: 3745-31 Response to Comments March 28, 2014 Page 10 of 15

Rule 3745-31-011NNNNN) Comment 16:

Response 16: The definition of "regulated NSR pollutant," 3745-31-01(NNNNN), should include volatile organic compounds and ammonia as PM2.5 precursors in nonattainment areas. EPA proposed rules on November 15, 2013, clarifying PM2.5 implementation requirements for the states. EPA issued the rule in response to a recent decision of the D.C. Circuit Court addressing the role subpart 4 of Part D, title 1 of the Clean Air Act in implementing PM2.5 air quality standards. Since the rule has not yet been finalized and a SIP package has not been submitted, it should be considered when preparing the SIP package. (Charmagne Ackerman, Environmental Engineer, EPA Region 5) Ohio EPA will retain the current language in the definition for "regulated NSR pollutant." Ohio EPA will provide a technical demonstration to show that volatile organic compounds and ammonia do not need to be listed as PM2.5 precursors in nonattainment areas within our rule. This technical demonstration will accompany the rule when it is submitted as a revision of Ohio's SIP.

Rule 3745-31-01(DDDDDD) Comment 17:

Response 17: The commenter suggests Ohio EPA change the final words in this section, "within two years of the beginning operation of the new source or modification of the existing source" to "within two years of beginning operation." This change will eliminate the awkward phrase "the beginning operation" and also eliminate unnecessary language, as it is clear that "beginning operation" refers to the new source or modification discussed in the remainder of the definition. (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA appreciates the suggested clarification for the definition and has revised the language as suggested.

Rule 3745-31-01(HHHHHH)

Comment 

### 18:

Response 18: The commenter points out that it is no longer necessary to include "or 'j.Jg/cm"' in this definition, because the proposed revisions to OAC Chapter 3745-31 have changed all instances of "!Jg/cm" in that Chapter to "!Jglm"-" (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA has revised the rule as suggested.Rule Package: 3745-31 Response to Comments March 28, 2014 Page 11 of 15 Rule 3745-31-01(LLLLLL) Comment 19:

Response 19: The commenter states that there is an extra comma, which should be omitted, after the first instance of the words "date of' in the first paragraph of this section. Additionally, three of the website URLs listed in subparagraph (1) need to be updated. In subparagraph (1)(e), the text of the CAA has been moved to http://www.epa.gov/oar/caa/text.html. In subparagraph (1 )(h), the text of CERCLA has been moved to http:/www2.epa.gov/laws-regulations/summarycomprehensive-environmental-response-compensation-and-liability-act. And, in subparagraph (1 )(n), the NAICS codes have been moved to http://www.census.gov/eos/www/naics. (Robert L Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA thanks the commenter for informing us of the updated website links and has revised the paragraph as suggested.

Rule 3745-31-06, "Completeness determinations, processing requirements, public participation. public notice. and issuance" Rule 3745-31-06(1)- Federal Land Manager Notification Requirements: Comment20:

Response 20: In Paragraph (E), subparagraphs (2)(a) and (3)(a) should be renumbered as (E)(2} and (E)(3), to be consistent with Ohio EPA's reformatting of subparagraph (E)(5}. (Robert L. Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris &Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA has made the suggested changes for reformatting subparagraphs (2)(a} and (3)(a) to (E)(2) and (E)(3) as suggested.

Rule 3745-31-10. "NSR projects at existing emissions units at a major stationary source." Comment21:

Response 21: Ohio EPA's proposed language for the definition of "reasonable possibility" is acceptable as the proposed revisions make it consistent with federal regulations under 40 CFR 51.165(a}(6)(vi). (Cheri A. Budzynski on behalf of the Ohio Utility Group and its member companies ("the Utilities")) Ohio EPA appreciates the commenter's support in our rulemaking changes.

Rule 3745-31-11, "Attainment provisions- ambient air increments, ceilings and classifications" Rule 3745-31-11(8) Comment22: In the table in paragraph (B), "PM10" is repeated twice. The second instance of "PM10" should be omitted. (Robert L Brubaker and Eric B. Gallon on behalfRule Package: 3745-31 Response to Comments March 2014

Response 22: 12of15 of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA has revised the rule as the commenter suggested. Rule 3745-31-23. "Nonattainment provisions
- stationary sources locating in designated clean or unclassifiable areas which would cause or contribute to a violation of a national ambient air quality standard" Comment 23:

Response 23: Section (A) includes a table that lists "significance levels" for emissions from a proposed major stationary source or major modification that will be located in an attainment or unclassifiable area. The table in Section (A} of the rule is missing the 10.0**~g/m 3**  SIL for N02 (1-hr. ave.), which Ohio EPA adopted as an interim standard in March 2013

.. (Robert L Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA has revised the rule as the commenter suggested.

Rule 3745-31-24. "Nonattainment provisions baseline for determining credit for emission and air quality offsets" Rule 3745-31-24(B)(1)(a) Comment24:

Response 24: We reiterate our prior comment that Paragraph (B)(1 )(a) appears to require a pounds per hour basis for determining baseline, which would be arbitrary and inappropriate. This provision should be revised to clarify Ohio EPA's intention. In particular, the first sentence should be revised to make clear to what words the phrase "if necessary" applies. The words "determine the baseline calculations" should also be clarified, as it is unclear what it means to "determine" a "calculation." Additionally, Ohio EPA should clarify the extent to which a lbs/hour measurement would or could be used to determine baseline credit. The proposed subparagraph states that baseline emissions for existing sources "shall be calculated using the actual emissions definition specified in rule 3745-31-01 of the Administrative Code." The definition of "actual emissions" in OAC 3745-31- 01, however, generally requires the use of the actual emissions during the twenty-four month baseline period, the calculation ofwhich should not require the use of a lbs/hour measurement. (Robert L Brubaker and Eric B. Gallon on behalf of numerous and diverse clients of Porter Wright Morris & Arthur LLP that represent a broad cross-section of Ohio businesses) Ohio EPA will revise this paragraph to clarify certain aspects of the rule language. The pounds per hour basis is recommended by US EPA in 40 CFR Part 51, Appendix S- Emission Offset Interpretive Ruling (see bold language): "C. Baseline for determining credit for emission and air offsets. The baseline for determining credit for emission and air offsets will the SIP emission limitations in effect at the time the to construct or modify a source is filed. credit lor emission offset purposes may be allowable forRule Package: 3745-31 Response to Comments March 28, 2014

Rule 3745-31-24(C)

Comment25: Page 13 of 15

**~"'~''"'n** control that goes beyond that required by the SIP. Emission offsets ncncv!'!lht ShOuld be made a per hOUf baSiS When all facilitieS ""'"''"·ed in the emission offset at their maximum exoe•cte•d or allowed agency should so<>Cil!V other tons per in addition the per hour basis if necessary to carry out the intent of this When offsets are calculated on a tons per year the baseline emissions for

**AYi~tinn** sources providing the offsets should be calculated using the actual annual hours for the previous one or t.No year period (or other if warranted by cyclical business Where the SIP certain hardware controls in lieu of an emission limitation (e.g., roof tanks for storage), baseline allowable emissions should be based on actual conditions for the previous one or two year period , actual throughput and vapor in with the hardware controls." US EPA's intent for using a pounds per hour basis is "to help negate false emission offset credits that would result from the use of annual emissions and low annual capacity factors." (http://www.epa.gov/nsr/ttnnsr01/naas1/sun25 3.html). Ohio EPA's original Intent was to specify all possible averaging periods in addition to the recommended pounds per hour averaging period for determining emission offsets, to satisfy the second sentence in bold, above. However, to keep the language in the rule as clear and general as possible, Ohio EPA will revise the rule to state:

Old growth cushion. OAC rule 3745-31-24(C), as currently written, provides that "only emissions that have been set aside for new growth in the most recent [SIP] can be used by a major stationary source or major modification to offset emissions." As Ohio EPA has noted in its response to comments, Ohio EPA does not follow this practice. Because Ohio EPA does not follow this practice but still has regulation with the quoted provision, major sources could be susceptible to legal challenges because the offsets have not been set aside for new growth. In fact, the Utilities are aware ofan appeal to the Environmental Review Appeals Commission of a permit-to-install that was challenged because the offsets were not "set aside for new growth." Thus, the Utilities still encourage Ohio EPA to revise the regulations and remove the requirement for an old growth cushion.Rule Package: 3745-31 Response to Comments March 28, 2014 Page 14 of 15 Operating hours and stationary source shutdown. Ohio EPA has revised OAC 3745-31-24(F) to address when a stationary source may be credited with emissions reductions. Provision (F)(a) has been revised to be consistent with the federal rules. However, OAC rule 3745-31-24(F)(2) still includes the following language: (2) Emission reductions may be credited in the absence ofan ao,orc»ved attainment demonstration ifthe shutdown or curtailment occurred on after the date the can establish that the proposed source is for the shutdown or curtailed stationary source and the cutoff date orc>vi,;ior1s (F)( 1 )(b) of**ftll€~4§-.;:H-;£4-B411•9-A<~fliffil'a#.<e-f~s** l!:Jj!?..J:b!]Q are observed. In the response to comments, Ohio EPA stated that this provision was consistent with 40 CFR 61.165(a)(3)(ii)(c) (sic) (this should be 40 CFR 51.165(a)(3)(ii)(c)). This statement is incorrect. 40 CFR 51.165(a)(3)(ii)(c) states: Emissions reductions achieved by shutting down an existing emissions unit or curtailing or operating hours and that do not meet the requirements in paragraph (a)(3)(ii)(C)( 1)(ii) of this section may be generally credited only if: (1) The shutdown or curtailment occurred on or after the date the construction nPrmii applic:ation is filed; or (it) The can establish that the proposed new emissions unit is a the shutdown or curtailed emissions and the emissions reductions by the shutdown or curtailment met the requirements of paragraph (a)(3)(ii)(C)( 1)(1) ofthis section. Ohio EPA's rule still contains language requiring an approved attainment demonstration while the federal language has removed this requirement. The language in OAC rule 3745-31-24(F)(2) is problematic in instances where a new NAAQS has been proposed and the attainment demonstration has not been approved. In those instances, a major source or modification can only obtain emission credits that were shut down after the date of the permit application filing or if the source is a replacement. Ohio EPA should revise OAC rule 3475-31- 24(F)(2) to be consistent with 40 CFR Part 51, Appendix S and 40 CFR 51.165(a)(3)(ii)(c) as follows: (2) Emission

## reduuc~t~io~n~s~:;~r::~:~~~~~~~~:::~~B may be credited if if the shutdown or curtailment occurred on or after the dale the major stationary applir;ation is filed, or, if the can establish that the proposed source is a replacement for the shutdown or curtailed source and the cutoff date provisions of paragraph (F)( 1 )(b) of rule 374 5**&+~rillcm&+\Eifi'l!fl.~ati'Je-b900.J.IJ.!.§.L!!JQ** are observed. While subtle, the proposed language allows the use of prior shutdown credits that are included in an attainment demonstration even when it has yet to be approved by U.S. EPA. The problem with the current language is that it effectuates a construction ban in nonattainment areas where an attainment demonstration has not been approved and there are no shutdowns or curtailments after the date of the application or where the source or modification is not a replacement. OhioRule Package: 3745-31 Response to Comments March 28, 2014

Response 25: Page 15 of 15 EPA's current language is more stringent than 40 CFR Part 52, Appendix Sand, therefore, should be revised. (Cheri A. Budzynski on behalf ofthe Ohio Utility Group and its member companies ("the Utilities")) 3745-31-24(C) provides a mechanism for Ohio EPA to "set aside" emissions for new source growth that may be used to offset emissions. Consistent with U.S. EPA requirements, this set aside must be a part of the most recent Ohio state implementation plan (40 CFR 51.165(a)(3)(C)(1)(il)). The commenter stated that Ohio EPA acknowledges in our response to comments on the interested party draft rule that Ohio "does not follow this practice." We disagree. We stated that Ohio has not submitted a SIP that explicitly lists emissions set aside for new source growth but rather we review these requests on a case-by-case basis. It is during that review that we determine if we need to request U.S. EPA provide for available offsets established prior to most recent inventory to be set aside as part of our SIP for a particular project. Ohio EPA believes paragraph (C) provides for this continued practice. Thank you for pointing out or inconsistency with the current federal rule language in our paragraph (F)(2). Ohio EPA will be making your suggested change to be consistent with the federal rule.

Rule 3745-31-26, "Nonattainment provisions- offset ratio requirements" Comment26:

Response 26: The draft rules still include the PM2.5 nonattainment interpollutant offset ratios. OEPA's draft PM2.5 rules Response to Comments document includes a response (comment No. 67 on page 51 of 52) to Region 5's May 10, 2013 comment letter saying that OEPA is retaining the interpollutant offset ratios within the rule, however will provide a technical demonstration to support the ratios when the rule is submitted as a revision of Ohio's SIP. Please keep in mind that a technical demonstration will still be needed to support the ratios before they can be approved into the SIP. (Charmagne Ackerman, Environmental Engineer, EPA Region 5) Ohio EPA will retain the lnterpollutant offset ratios within this rule. However, we will provide a technical demonstration to support the ratios when the rule is submitted as a revision ofOhio's SIP.

End of Response to Comments

### RULE SYNOPSIS Draft rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules and address Infrastructure State Implementation Plan requirements. The Ohio EPA Division ofAir Pollution Control (DAPC) has completed draft rule language for incorporation of the U.S. EPA requirements for implementation of the New Source Review (NSR) program for fine particulate matter (that is, particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, generally referred to as "PM 2.5"), promulgated on May 16, 2008, as well as U.S. EPA's requirements for establishing increments, significant impact levels, and a significant monitoring concentration for fine particulate pollution, promulgated on October20,2010. As afully approved NSR program, DAPC is required to incorporate U.S. EPA's rules, ora version at least as stringent as U.S. EPA's rules, within three years oftheir promulgation. Please reference thefederal register document (73 FR Vol. 96, page 28321) published on May 16, 2008 and the federal register document (75 FR published on October 20, 2010 for a detailed synopsis of the changes drafted by U.S. EPA. These documents, and additional information related to NSR, can be found at: http://www.epa.gov/nsr/. Moreover, as a part of this rule package, DAPC is also incorporating changes in OAC Chapter 3745-31 not directly related to U.S. EPA's PM2.5 NSR implementation final rule. This set of changes contains a host of revisions, including; clarifying various definitions, adding a definition fortruck, adding a significance level forthe hourly NOx standard, adding clarifying languagefor using a pounds per hour basis to calculate emission offsets, revising the rules governing crediting of emission offsets to reflect federal rules, and incorporating minor organizational or typographical changes. Changes made as a result of proposal period review: On January 10, 2014, Ohio EPA proposed this rule package to the Joint Committee on Agency Rule Review (JCARR). Ohio EPA received additional comments on the rule revisions and made additional changes that are included in this synopsis. OAC 3745-31-01 Definitions
• Paragraph (M) has been amended to delete the term "light duty" from the definition of "auto body refinishing facility," to ensure that such a facility is able to refinish all types of passenger vehicles, even non-"light duty" trucks. • Paragraph (MM) has been amended to include the word "or," which was inadvertently left out ofthe definition. • Paragraph (NN) has been amended to add the phrase "to supply power," which was inadvertently left out of the rule. • Paragraph (NNN) has been amended to change "nitrogen dioxides" to "nitrogen oxides" as the regulated pollutant. • Paragraph (VVV) has been amended to clarify the beginning and end of a contemporaneous period, to clarify when a decrease in actual emissions is creditable.Rule Synopsis: Proposed rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules. 2

Also, the phrase "the following applies" has been changed to "the following apply" to be grammatically correct. • Paragraph (QQQQ) has been amended to clarify additional situations in which emission reductions can be approved as "permanent." • Paragraph (WWWW) has been amended to add the phrases "Ohio EPA has demonstrated with US EPA approval, significantly

... " and "in a specific area" to clarify that Ohio EPA will not arbitrarily choose a pollutant as a PM2.5 precursor. • Paragraph (JJJJJ)

- the phrase "established by applicable law or approved by the director'' has been deleted to clarify that emission reduction credits measured by a "reliable and replicable method" (as already stated in the rule) is sufficientto assure that the emissions will be accurately quantified. • Paragraph (DDDDDD) has been amended to clarify the definition and timeframe for a temporary source. • A new paragraph (GGGGGG) has been added to define the term "truck" to add clarity for the auto-body refinishing facility exemption under OAC rule 3745-31-03. • Paragraph (HHHHHH) has been amended to delete "iJg/cm" as "1Jg/m 3" is now used in all instances for "micrograms per cubic meter" in chapter 31. • Paragraph (LLLLLL) has been amended to correct linksto websites in (LLLLLL)(1 )(e), (LLLLLL)(1 )(h) and (LLLLLL)(1 )(h).
OAC 3745-31-06 Completeness determinations, processing requirements, public participation, public notice, and issuance

• Paragraph (E) has been reformatted.
OAC 3745-31-11 Attainment provisions - ambient air increments, ceilings and classifications

• The second occurrence of "PM1 0" has been deleted from the table. OAC 3745-31-23 Nonattainment provisions - stationary sources locating in designated clean or unclassifiable areas which would cause or contribute to a violation of a national ambient air quality standard

• The table in paragraph (A) has been amended to include a significance level for the hourly N02 standard of 10.0 j.Jg/m 3

. OAC 3745-31-24 Nonattainment provisions - baseline for determining credit for emission and air quality offsets

• Paragraph (8)(1 )(a) has been amended to clarifywhen a pounds per hour basis might be used to calculate credit for emission offsets. • Paragraph (F)(2) has been amended to add the phrase "that do not meet the requirements of paragraph (F)(1 )" and deleted the phrase "in the absence of an approved attainment demonstration" to be consistent with the federal rule.Rule Synopsis: Proposed rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules. Changes made as a result of draft review: 3

On April 25, 2009, Ohio EPA released a draft of these rules for a 32-day public draft review. Ohio EPA received numerous comments on the draft. The numerous comments and various federal rule changes led Ohio EPA to release another draft ofthese rules on April1 0, 2013. Ohio EPA received numerous comments on this draft issuance and made numerous changes that are included in this synopsis. The changes presented in the draft are enumerated below, and along with the above changes resulting from public comments, are the changes which will be proposed to the Joint Committee on Agency Rule Review (JCARR).
OAC 3745-31-01 Definitions
• Paragraph (L) has been amended to clarify that any Ohio rule or law or provision in the Ohio state implementation plan (including revisions) approved or promulgated by U.S. EPA is included in the "applicable laws" definition. We are suggesting this amendment to provide clarity and maintain consistency with OAC rule 3745-77-01. • Paragraph (NN) has been amended to change the definition to "emergency engine" instead of "emergency generator" to be consistent with the exemptions in OAC rule 3745-31-03. Additional changes were made to paragraph (NN) to be consistent with federal rule changes. • Paragraph (LLL)

- the numbering and some language in this paragraph has been changed for clarity. • Paragraph (NNN) has been amended to change "nitrogen dioxides" to "nitrogen oxides" as the regulated pollutant. • Paragraph (VW)(3)(e) has been amended to clarify when a decrease in actual emissions is creditable. • Paragraph (XXX) has been amended to clarify that NSR projects are those that require a permit. • Paragraph (UUUU) has been amended to clarify that PM2.5 direct emissions are solid particles "with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers." The term "sea salt" was also deleted as a source of PM2.5 direct emissions, since this would not be a source encountered in Ohio. • Paragraph (KKKKK)

- the term "the following applies" has been changed to "the following apply" to be grammatically correct. • Paragraph (NNNNN)(2)(a)(ii) has been amended to delete the phrase "to the administrator." • Paragraph (LLLLL} has been amended to change the language "the following occurs" to "the following occur" to be grammatically correct. • Paragraph 

### (DDDDDDO has been amended to change the word "construction" to "operation" to clarify the definition and timeframe for a temporary source.
OAC 3745-31-10 NSR projects at existing emissions units at a major stationary sourceRule Synopsis: Proposed rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules. 4

• Paragraph (A) of this rule will be amended to reflect the language in the federal rule and to clarify that NSR projects are only those projects that require an installation permit A definition for "reasonable possibility" was added to clarify when this rule is applicable and to be consistent with the federal rule. OAC 3745-31-11 Attainment provisions - ambient air increments, ceilings and classifications

• The table header in this rule will be amended to change IJg/cm to 11glm 3

, to clarify that the denominator is cubic meters, not centimeters. OAC 3745-31-19 Attainment provisions- notice to the United States environmental protection agency

• Paragraph (D) ofthis rule will be amended to change the maximum allowable increase for PM10 from 20 to 30 1Jg/m 3 to be consistent with federal rules.

OAC 3745-31-24 Nonattainment provisions - baseline for determining credit for emission and air quality offsets

• Paragraph (F) ofthis rule has been amended to add the term "legally and practicably enforceable by the state" to be consistent with the definition for "potential to emit" • Paragraph (G) ofthis rule has been deleted because a commenter pointed out thatthe paragraph is redundant and unnecessary. The following paragraphs in the rule were renumbered as a result of this deletion. OAC 3745-31-26 Nonattainment provisions- offset ratio requirements

• Paragraph (D)(2)(a)(i) ofthis rule has been renumbered and reformatted as (D)(2)(b). OAC 3745-31-27 Nonattainment provisions- administrative procedures for emission offsets

• Paragraph (A)(1}(b) of this rule has been amended by adding a paragraph break to maintain consistency with rule formatting. Also, the term "legally and practicably enforceable by the state" was added to be consistent with the definition of "potential to emit." OAC 3745-31-29 General permit-to-install and general PTIO

• Paragraph (B) ofthis rule has been amended to change the term "ifthe following apply" to "if all of the following apply" to clarify that all conditions must be met for a general permit to be obtained. Also, the term "source are not affected sources"was changed to "source is not an affected source" to be grammatically correct.Rule Synopsis: Proposed rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules. Original draft changes presented for comment in April 23, 2013 draft: OAC 3745-31-01 Definitions 5

DAPC is suggesting several changes to this rule as presented below in descending order (Paragraph (A) through paragraph (KKKKKK)).

• Paragraph (L) will be amended to include any standard orother requirements provided for in the Ohio state implementation plan (including revisions) approved or promulgated by U.S. EPA in the "applicable laws" definition. We are suggesting this amendment to provide clarity and maintain consistency with OAC rule 3745-77-01. • Paragraph (M) will be amended to delete the term "light-duty" to specify that auto body refinishing facilities are able to perform collision repair and refinishing on any type of truck, when complying with the requirements in the auto body refinishing facility permitby-rule. • Paragraph (P) defines the PM2.5 air quality impact as 0.3 micrograms per cubic meter. • Paragraph (II) includes PM2.5 and PM1 0 as criteria pollutants and deletes particulate matter as a criteria pollutant. • Paragraph (MM) defines the newterm, "emergency". This newterm corresponds with the emergency exemptions in OAC rule 3745-31-03. • Paragraph (NN) defines the new term, "emergency generator." This new term corresponds with the emergency generator exemptions in OAC rule 3745-31-03. • Paragraph (LLL) identifies "nitrogen dioxides" as a precursor to ozone. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478). This is consistent with the federal rule language in 40 CFR 51.166{b){1)(ii). Also deleted a typo: OAC rule 3745-31-31 does not exist. • Paragraph (MMM) identifies the major source baseline date for PM10 and PM2.5. • Paragraph (NNN) identifies "nitrogen dioxides" as a precursor to ozone. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478). • Paragraph (QQQ) identifies the minor source baseline date for PM10 and PM2.5. • Paragraph (SSS) will be amended to update the significant ambient air quality impact levels for triggering a minor source permit modification for NAAQS pollutants. These levels reflect the federal significant monitoring concentrations for PSD sources. • Paragraph (VVV) will be revised to incorporate clarifying language for the contemporaneous period of an increase or decrease of actual emissions in the "net emissions increase" definition. • Paragraph (QQQQ) defines a new term, "permanent". This term is one ofthe federally required criteria for an air quality emission offset and the incorporation will maintain consistency with OAC rule 3745-111-01. • Paragraph (TTTT) defines a new term, "PM2.5" as prescribed by U.S. EPA's PM2.5 NSR Implementation final rule. • Paragraph (UUUU) defines a newterm, "PM2.5 direct emissions" as prescribed by U.S. EPA's PM2.5 NSR Implementation final rule. • Paragraph (VVVV) defines a new term, "PM2.5 emissions" as prescribed by U.S. EPA's PM2.5 NSR Implementation final rule.Rule Synopsis: Proposed rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules. 6

• Paragraph (WWWW) defines a new term, "PM2.5 precursor" as prescribed by U.S. EPA's PM2.5 NSR Implementation final rule. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478). • Paragraph (IIIII) defines a newterm, "publicly owned treatmentworks" or"POTW". This term corresponds with a new POTW exemption in OAC rule 3745-31-03. • Paragraph (JJJJJ) defines a newterm, "quantifiable." This term is one ofthe federally required criteria for an air quality emission offset and this incorporation will maintain consistency with OAC rule 3745-111-01. • Paragraph (NNNNN) will be amended to incorporate PM2.5 precursorsfor direct PM2.5 emissions and PM2.5 condensable emissions language. Ohio EPA suggests the incorporation of NOx and S02 as PM2.5 precursors. The amended language is found in both the nonattainment and attainment sections of this paragraph. • Paragraph (TTTTT) defines a new term, "semi-public disposal system." This term corresponds with a new POTW exemption in OAC rule 3745-31-03. • Paragraph (UUUUU) will be updated to change particulate matterto PM10 and PM2.5. • Paragraph 

### (WWV) defines significant emission rates for PM10 (instead of PM) and PM2.5, and adds nitrogen oxides as an indicator for the ozone significant emissions rate. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478). • Paragraph (BBBBBB) defines a new term, "surplus." This term is one ofthe federally required criteria for an air quality emission offset and the incorpbration will maintain consistency with OAC rule 3745-111-01. • Paragraph (DDDDDD) clarifies the time at which the two year timeframe begins for a temporary source. • Paragraph (KKKKKK) "incorporation by reference" section will be called "referenced materials." Clarifying language and updated references will also be incorporated in this paragraph. OAC rules 3745-31-02, 3745-31-12, 3745-31-15, 3745-31-17, 3745-31-18, 3745-31-20, 3745-31-28, 3745-31-29 and 3745-31-32 • These rules contain the term "incorporation by reference." The only change to these rules is to change this term to "referenced materials." OAC rule 3745-31-06 Completeness determinations, processing requirements, public participation, public notice, and issuance • Paragraph (I)will be added to incorporate clarifying languagefor notification procedures to the federal land managers (FLMs). This language specifies how Ohio EPAwill notify FLMs when their respective area(s) is affected by any proposed new major stationary source or major modification that may affect visibility in any Federal Class I area. It also indicates how Ohio EPA will respond to any analysis performed by the FLMs. OAC rule 3745-31-07 Termination, revocation, expiration, renewal, revision and transfer • A misspelling ofthe word "variance" will be corrected in paragraph (8)(2). OAC rule 3745-31-08.., Registration status permit-to-operateRule Synopsis: Proposed rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules. 7

• The rule contains several minor changes for clarification and to fix formatting issues. OAC rule 3745-31-09 Variances on operation • Paragraph (F)(1 )(d) will be deleted and added to paragraph (F)(2). Paragraph (F)(2) now clarifies that a reduction in emissions does not constitute a significant difference that warrants a renewal of an approved variance. OAC rule 3745-31-10 NSR projects at existing emissions units at a majorstationary source • The reference to paragraph (AAAAA) of OAC rule 3745-31-01 will be updated to reference paragraph (GGGGG) of OAC rule 3745-31-01. This references the same rule, the lettering has changed. OAC rule 3745-31-11 Attainment provisions- ambient air increments, ceilings and classifications • The table in paragraph (B) of this rule will be amended to define the maximum allowable increases in ambient air pollutant concentration over the baseline concentration in Class I, II and Ill areas for PM2.5, pursuant to U.S. EPA's requirements for establishing increments, significant impact levels, and a significant monitoring concentration for fine particulate pollution. OAC rule 3745-31-13 Attainment provisions -review ofmajorstationarysources and major modifications, stationary source applicability and exemptions. • Paragraph (H) will be amended to incorporate PM2.5 exemption levels with respect to ambient monitoring, pursuantto U.S. EPA's requirements for establishing increments, significant impact levels, and a significant monitoring concentration for fine particulate pollution. OAC rule 3745-31-16 OAC rule 3745-31-13 Attainment provisions- review of major stationary sources and major modifications, stationary source applicability and exemptions. • Paragraph (C) will be added to incorporate significant impact levels for PM2.5, pursuant to U.S. EPA's requirements for establishing increments, significant impact levels, and a significant monitoring concentration for fine particulate pollution. OAC rule 3745-31-19 Attainment provisions

- notice to the United States environmental protection agency • The table in paragraph (D) will be amended to include maximum allowable increases for PM2.5 and to revise the maximum allowable increase for PM10 from 20 to 30 micrograms per cubic meter, pursuant to U.S. EPA's requirements for establishing increments, significant impact levels, and a significant monitoring concentration forfine particulate pollution. OAC rule 3745-31-21 Nonattainment provisions -review ofmajorstationarysources and major modifications

- stationary source applicability and exemptionsRule Synopsis: Proposed rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules. 8

• Paragraph (D) will be amended to clarify that major modifications (in addition to major stationary sources) of PM 10 precursors shall be subjectto the control requirements that are applicable under plans in effect under Section 189 ofthe Clean Air Act. OAC rule 3745-31-22 Nonattainment provisions- conditions for approval • Paragraph (A)(3)(b) will be amended to incorporate permissible language for emission offset interprecursor trading for PM2.5 emissions and PM2.5 precursors. • Paragraph (A)(5) will be added to incorporate reasonable further progress language consistent with 40 CFR Part 51, Appendix S. OAC rule 3745-31-23 Nonattainment provisions - stationary sources locating in designated clean or unclassifiable areas which would cause or contribute to a violation of a national ambient air quality standard • The table in Paragraph (A) will be amended to delete significant levels for TSP and to add significant levels for PM2.5. • Paragraph (C) will be amended to include PM2.5 in the list ofpollutantsforwhich the air quality impact must be assessed on a case-by-case basis using dispersion modeling. OAC rule 3745-31-24 Nonattainment provisions- baseline for determining creditfor emission and air quality offsets • Paragraph (B) will be reorganized and amended to provide clarity and maintain consistency with the latest amendments of 40 CFR Part 51, Appendix S. • Paragraph (F) will be reorganized and amended to provide clarity and maintain consistency with 40 CFR Part 51, Appendix S. • Paragraph (G) will be added to maintain consistency with 40 CFR Part 51.165. OAC rule 3745-31-25 Nonattainment provisions -location of offsetting emissions • Paragraph (B) will be amended to maintain consistency with 40 CFR Part 51, Appendix 

### S. • PM2.5 emissions will be incorporated in this rule as prescribed by U.S. EPA's PM2.5 NSR implementation final rule. • To meet Legislative Services commission requirements, because the changes to this rule constituted deleting and/or replacing more than 50%ofthetext ofthe rule, the rule is being rescinded and replaced as a new rule with the above changes to the original language. OAC rule 3745-31-26 Nonattainment provisions- offset ratio requirements • Paragraph (A) will be reorganized to provide clarity and amended to incorporate PM2.5 and PM2.5 interprecursor emission offset trading. • Paragraph (B) will be relocated from paragraph (C)(7). • Paragraph (C) will be relocated from paragraph (A) and revised to maintain consistency with 40 CFR Part 51, Appendix S. • Paragraph (D) is a new paragraph that incorporates the PM2.5 nonattainment area interprecursor offset ratios for S02 and NOx. • Paragraph (E) will be relocated from paragraph (B) and revised for simplicity and clarity.Rule Synopsis: Proposed rule language for Ohio Administrative Code (OAC) Chapter 3745-31 to incorporate the PM 2.5 NSR Implementation Final Rules. 9

• To meet Legislative Services commission requirements, because the changes to this rule constituted deleting and/or replacing more than 50% ofthe text ofthe rule, the rule is being rescinded and replaced as a new rule with the above changes to the original language. OAC rule 3745-31-27 Nonattainment provisions

- administrative procedures for emission offsets • Paragraph (A)(1 )(b) will be amended to clarify that emission reductions will be federally enforceable if reductions are written into a federally enforceable permit. OAC rules 3745-31-30 and 3745-31-31 • These rules are currently [Reserved], but have been determined to be unnecessary, so DAPC will be rescinding these rules.