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 of this law and has 

provided evidence on the major requirements below: 

1. ORC 119.03(A): Reasonable public notice shall be given in the register of Ohio at 

least 30 days prior to the date set for a hearing. 

Ohio's electronic rule filing system automatically posts public notices in the Ohio 

Register when rules are proposed. 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 after the notice was placed in the 

register. The ORC 119.03 requirements for public notice contents were met as 

evidenced by comparing the public notice and ORC 119.03 (A)(1 )-(4). In addition to 

the Register of Ohio, Ohio EPA also placed an advertisement in the major 

newspapers throughout the state. Copies can be provided upon request. 

2. ORC 119.03(8): The required materials must be filed with the secretary of state and 

the director of the legislative service commission (LSC). 

Ohio's electronic filing system automatically generates a letter when all the required 

elements have been uploaded on the system and the package is proposed. This 

letter is included (Attachment A). 

Ohio EPA also complied with all requirements for incorporated materials. In 

addition, the answers to questions eight and nine of each of the Rule Summary and 

Fiscal Analysis (RSFA) documents are provided (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 appear on the agenda at a JCARR hearing. 

The proof of the JCARR hearing will be forwarded under separate cover. Ohio EPA 

does not anticipate any testimony, questions or invalidation of the rules will occur 
during this hearing. Ohio EPA will provide this information along with the final copies 

of the 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 of adoption sent to the secretary of state 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 of the adoption of the 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 of these 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 of the RSFA documents and item (C) of 

the ERAF for the rule, Ohio EPA stated the adoption of this rule, or a version as 

stringent as, is required by U.S. EPA. The RSFA documents also contain a section 

entitled Fiscal Analysis which addresses potential costs. Our responses met the 

requirements of this law as evidenced in the consent by JCARR who reviews these 

documents. 

2. ORC 121.39(0}: Prior to adopting any environmental rule, the agency must consult 

with interested parties. consider all documentation relevant to the need for the rule 

making, identify any need to adopt in order to maintain approval to administer a 

federal environmental law. and it must include an RSFA. 

On April 9, 2013, Ohio EPA notified interested parties via e-mail of the draft rule 

language. A copy of the 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) of the ERAF for each rule, Ohio EPA stated the adoption 

of this rule is required in order to maintain approval to administer a federal 

environmental law. 

As evidenced in item (A) of the ERAF for each rule, Ohio EPA identified that it 

considered all documentation relevant to the need for the rule making and identified 

those documents in list form. 

Article Ill 

Attachment A 

Letter to Secretary of State 

and Director of LSC 

oni 

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 

t the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of 

109738 

01/10/2014 11:39 AM 

a4955cb 7 a 79e9938923f331 d9dfbd4 

 

 FYR CSI JE Date Eff Date Next FYR Tagline 

dment y y 03/16/2014 Nonattainment provisions - conditions for approval. 

Nonattainment provisions - stationary sources locating in 

dment y y 03/16/2014 designated clean or unclassifiable areas which would cause 

or contribute to a violation of a national ambient air quality 

standard. 

dment y y 03/16/2014 Nonattainment provisions - baseline for determining credit for emission and air quality offsets. 

ssion y y 03/16/2014 Nonattainment provisions - location of offsetting emissions. 

N y 03116/2014 Nonattainment provisions - location of offsetting emissions. 

ssion y y 03/16/2014 Nonattainment provisions - offset ratio requirements. 

N y 03/16/2014 Nonattainment provisions - offset ratio requirements. 

dment y y 03/1612014 Nonattainment provisions- administrative procedures for 

emission offsets. 

dment y y 03/1612014 Review of major stationary sources of hazardous air 

pollutants requiring MACT determinations. 

dment y y 0311612014 General permit-to-install and general PTIO. 

ssion y y 03/16/2014 Reserved. 

Page 1 
FYR CSI JE Date 

sion Y 

ment Y 

y 

y 

03/16/2014 03/16/2014 

Eff Date Next FYR Tagline 

Reserved. 

Plantwide applicability limit (PAL). 

Page 2 
onic Ru 

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 

t the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of 

109737 

01/10/2014 11:31 AM 

6078193ca6259b 75f33e6eac14af47 

 

 FYR CSI JE Date Eff Date 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment y y 03/16/2014 

dment 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. 
FYR CSI JE Date Eff Date Next FYR Tagline 

ment y y 03/16/2014 Attainment provisions - preapplication analysis. ment y y 03/16/2014 Attainment provisions- control technology review. 

ment y y 03/16/2014 Attainment provisions - major stationary source impact 

analysis. 

ment y y 03/16/2014 Attainment provisions - additional impact analysis. 

ment y y 03/16/2014 Attainment provisions - air quality models. ment y y 03/16/2014 Attainment provisions- notice to the United States 

environmental protection agency. 

ment y y 03/16/2014 Attainment provisions - innovative control technology. ment y y 

Nonattainment provisions - review of major stationary 

03/16/2014 sources and major modifications - stationary source 

applicability and exemptions. 

Page2 
Article Ill 

Attachment B 

RSFAs 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 

3745-31-11 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 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 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, 

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

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

then summarize the content of the rule: 

The existing rule contains the requirements for allowable emission increases and 

ceiling levels from major sources of air pollution in attainment areas. It requires 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 of these 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 of Federal 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 of the 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 Power Act 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 of the 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 of why 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 of why filing the text or other material was infeasible: 

Not Applicable. 

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: 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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 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 allowable emission increases and ceiling 

levels from major source of air pollution in attainment areas. It requires 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 of these 

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 of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 of the !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 of the !21st General Assembly. 

S.B. 2 (129th General AssemblvJ 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 of air pollution in attainment areas. It requires 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 (Part Bl 

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 of the 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 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 of air pollution in attainment areas. It requires 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 of these 

limits/measures can vary widely from $0 (limiting actual emissions) to millions of 

dollars (installing control equipment). 

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 of the 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. 

Not Applicable. 

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 of cost requirements in this rule can be qnite large, from 

no cost to Millions of dollars. A no/low cost scenario would be a simple 

recordkeeping change or a minor housekeeping change. A high cost change would 
Page B-2 Rule Number: 3745-31-11 

include the installation and operation of a 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 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

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 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

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 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

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 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

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 

of the overall costs of complaince as most of the highest cost compliance 

scenarios are associated with the installation and operation of capital 

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 of this 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 of years 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 of this 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 of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

construction of such sources. 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 

3745-31-12 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 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 of ORC 

119.D32. 

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 of the rule: 
Page 2 Rule Number: 3745-31-12 

The existing rule contains the requirements for data that must be submitted as part 

of a PTI application from major sources of air pollution in attainment areas. It also 

requires these types of sources to have best available control teclmology (BACT). 

A change was made to update the citation of paragraph (KKKKKK) of rule 

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. 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) and Ohio 

Revised Code (ORC). While copies of these 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 of the 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 of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 
Page 3 Rule Number: 3745-31-12 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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 
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 of a PTI 

application from major sources of air pollution in attainment areas. It also requires 

these types of sources 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 of the best method to control emissions from a 

source emitting pollutants. BACT is a federal requirement which the agency 

implements under major NSR. The cost of BACT can vary widely from $0 to 

millions of dollars 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 of the 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 of the !21st General Assembly. 

S.B. 2 f129th General Assembllt) 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 of this rule. As mentioned in 

the fiscal analysis, the cost could range from $0 to millions of dollars. 
Page 5 Rule Number: 3745-31-12 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 

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 of major 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 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: 3745-31-13 

then summarize the content of the rule: 

The rule identifies the other rules of this chapter that a major source of air 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. 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) and Ohio 

Revised Code (ORC). While copies of these 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 of Federal 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 of the 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 of why filing the text or other material was infeasible: 
Page 3 Rule Number: 3745-31-13 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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 
Page 4 Rule Number: 3745-31-13 

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: 

The rule identifies the other rules ofthis chapter that a major source of air pollution 

in an attainment area must comply with, or that a facility may be exempt from. 

There is no cost of compliance 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 of the !21st General Assembly. 

S.B. 2 (129th General Assembly) 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 Agency 

Agency Name 

Division of Air 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 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(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 of ORC 

119.o32. 

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 of the rule: 

-------~~- -- ----.. , .. _, ___________ -------~-"- ----~-------·----------·-··---------·-·-.. - --.. --------· ,·.-(,, ,.,.; /i· ,-, ,,, i\6-il( J '><:'i ·1-•:,. i(i·)<J:.·I 
Page2 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 of a PTI application 

from major sources of air 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 of these 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 of Federal 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 of the 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 of the 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 of why filing the text or other material electronically was 

infeasible: 
Page 3 Rule Number: 3745-31-14 

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: 

Not Applicable. 

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 same jurisdictional 

timeframe as other rules in this rulemaking package. 

Initial Refiling: 

OEP A is revising the intro paragraph to update the citation to (LLLLLL) from 

(KKKKKK) due to the addition of a new paragraph in rule 3745-31-01 of the 

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 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 of your agency/department. 

This will have no impact on revenues or expenditures. 

$0.00 
Page4 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 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 pre-application analysis (e.g., monitoring 

data, modeling) that may be required to be submitted as part of a PTI application 

from major sources of air 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. The cost of compliance with this rule can vary 

widely from $0 (no pre-application analysis required) to thousands of dollars 

depending on the type, length and amount of monitoring, 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 of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 of the !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 of the !21st General Assembly. 

S.B. 2 (129th General Assembly) 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 of computer modeling or realworld ambient air monitoring. 

The analysis is required to determine if the 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 of the following? 

(a) School 

Districts 

Yes 

(b) Counties 

Yes 

(c) Townships 

Yes 

(d) Municipal 

Corporations 

Yes 

2. Please provide an estimate in dollars of the 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 of why 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 of a PTI application 

from major sources of air 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 of compliance with this rule can vary 

widely from $0 (no pre-application analysis required) to thousands of dollars 

depending on the type, length and amount of monitoring, 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 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 of the 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. 

Not Applicable. 

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. 
Page B-2 Rule Number: 3745-31-14 

The cost of a pre-application analysis could range from no cost (source does not 

qualify to do analysis) to thousands of dollars. 

(a) Personnel Costs 

For pre-application analyses where computer modeling is perfonned, almost 

the entire cost of the analysis would be personnel costs. A typical cost for a 

computer modeling analysis is a couple of thousand dollars. For an analysis 

involving ambient air monitoring, personnel costs would be accrued through 

the labor required for operation of the 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 computer modeling analysis would be minimal to 

none. Modeling is typically done via contract to an outside consultant who 

includes the cost of capital equipment as part of their hourly rate. For an 

ambient air quality monitoring analysis, capital costs would be accrued 

through the purchase of monitoring equipment. A typicaly monitor can cost 

$10,000 if purchased new from the manufacturer. 

(c) Operating Costs 

An operating cost would be associated with an ambient air quality monitoring 

analysis. Including maintenace, sample collection, and power, the yearly cost 

of operation of a 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 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 of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 
Page B-3 Rule Number: 3745-31-14 

compliance that has existed for a number of years 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 of this 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 of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

constmction of such sources. 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 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, 

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 of air pollution 

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. 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 of Federal 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 of the 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 of why filing the text or other material was infeasible: 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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 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 of compliance with this rule 

can vary widely from no cost ($0 if no controls are needed) to millions of dollars 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 of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 of the 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 of the 12lst General Assembly. 

S.B. 2 (129th General Assemb/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 of the 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 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 of compliance with this rule 

can vary widely from no cost ($0 if no controls are needed) to millions of dollars 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 of the 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. 

Not Applicable. 

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 of compliance with this rule 

can vary widely from no cost ($0 if no controls are needed) to millions of dollars if 
Page B-2 Rule Number: 3745-31-15 

a control is needed to meet BACT. 

(a) Personnel Costs 

Personnel costs related to the cost of compliance are difficult to estimate due 

to the large range of cost estimated for this rule. If the strategy for meeting 

the emission limitations is paperwork or work practices, the cost of 

compliance is almost totally personnel costs. If the strategy involves 

installation of a control device, the personnel costs would be a small 

percentage of the total cost. Overall, personnel costs for the cost of 

compliance with this rule are estimated to fall within the range $0 to 

thousands of dollars. 

(b) New Equipment or Other Capital Costs 

As above with personnel costs, if the compliance strategy involves 

installation of a control device, the majority of the cost for the strategy would 

be the capital cost for the purchase and installation of the control device. 

Control devices can run from several thousand dollars to several million 

dollars depending on the size of the source they are intended to control. 

(c) Operating Costs 

Operating costs will vary greatly depending on the size of the control device 

and the pollutant controlled. Typical operating costs are estimated to cost 

between a few thousand dollars and hundreds of thousands of dollars. 

(d) Any Indirect Central Service Costs 

Given the range of cost of compliance with this rule, it is almost impossible 

to estimate these costs acurately. The range for these costs would be no cost 

to thousands of dollars. 

(e) Other Costs 

Given the range of cost of compliance with this rule, it is almost impossible 

to estimate these costs acurately. The range for these costs would be no cost 

to thousands of dollars. 

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 
Page B-3 Rule Number: 3745-31-15 

proposed rule. 

The amendments proposed as part of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years 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 of this 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 of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

construction of such sources. 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) 

Division 

Paul J. Braun 

Contact 

50 West Town 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 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, 

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

then summarize the content of the rule: 

The rule requires major sources of air 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 of Federal 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 of the 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 of why filing the text or other material was infeasible: 
Page 3 Rule Number: 3745-31-16 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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 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 sources of air 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 of the PTI application of 

which costs were discussed under the RSFA and RSFA Part B for OAC 

3745-31-02. Major sources of air 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 of the !21st General Assembly. 

S.B. 2 (129th General Assembly) 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 of air pollution in attainment areas to perform an 

impact analysis to demonstrate the source will not violate the national ambient air 
Page 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 of the 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 of why it is not possible to provide such an 

estimate. 

This rule contains the requirements for data that must be submitted as part of a PTI 

application from major sources of air pollution in attainment areas. It also requires 

these types of sources 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 of the best method to control emissions from a 

source emitting pollutants. BACT is a federal requirement which the agency 

implements under major NSR. The cost of BACT can vary widely from $0 to 

millions of dollars for control equipment. 

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 of the 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. 

Not Applicable. 

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. 

The range of cost of compliance with this rule is significant. The costs could range 
Page B-2 Rule Number: 3745-31-12 

from no cost ($0) for a simple, paperwork type solution, to millions of$$ if it is 

necessary to install and operate an air pollution control device to achieve BACT. 

(a) Personnel Costs 

Over the range of estimated costs of compliance with this rule, solutions 

based total on person ell 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 

of that cost. 

(b) New Equipment or Other Capital Costs 

As mentioned, the range of cost of compliance with this rule is quite 

significant, ranging from $0 to millions of$$. Solutions requiring the 

purchase, installation, and operation of capital equipment would likely fall 

within the upper portion of the estimated cost range. 

(c) Operating Costs 

The range of operating costs for compliance with this rule can be almost as 

wide as the capital costs. Depending on the size and complexity of the 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 of compliance with this 

rule is quite large. Any indirect type costs would likely be a small percentage 

of the total cost of compliance. 

(e) Other Costs 

As noted above, the cost estimate range for the cost of compliance with this 

rule is quite large. Any miscellaneous type costs would likely be a small 

percentage of the total cost of compliance. 

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. 
Page B-3 Rule Number: 3745-31-12 

The amendments proposed as part of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years 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 of this 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 of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

construction of such sources. 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 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 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, 

then summarize the content of the rule: 
Page 2 Rule Number: 3745-31-17 

The rule requires major sources of air 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 of the 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 of Federal 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 of the 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 of why filing the text or other material was infeasible: 

Not Applicable. 

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: 
Page 3 Rule Number: 3745-31-17 

This rule was refiled without changes to keep it on the same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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 requires major sources of air 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 of the stationary source or modification 
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 of which costs were discussed under OAC 3745-31-02 above. 

Major sources of air 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 of the !21st General Assembly. 

S.B. 2 (129th General Assembly) 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 of air 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 of the stationary source or modification 

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 of that 

application. 
Page 5 Rule Number: 3745-31-17 

Rule Summary and Fiscal Analvsis (Part A) 

Ohio Environmental Protection A~ency 

Agency Name 

Division of Air 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 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 mle 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, 

then summarize the content of the 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 of 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 121.7 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 of these 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 of Federal 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 of the 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 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 of why filing the text or other material was infeasible: 

Not Applicable. 
Page 3 Rule Number: 3745-31-18 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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 
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 of compliance 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 of the !21st General Assembly. 

S.B. 2 (129th General Assembly! 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 of Air 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 of ORC 

119.D32. 

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, 

--·· .. ·-~·-·-~ . ··--···--·-~·--·---·--·-~-------·-- ··-·-·--.. -·_,_,_ "-~··----·--------·- -·-----·-~·----

'"''!'"' ''"!'"'! !:/' !,,,··· ; -iS}i~;,j !'"'"1 
Page 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 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. 

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) of this 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. 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 of Federal 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 of the rules. ORC 

121.7 5 (D) exempts such references from the requirements of ORC 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 of why filing the text or other material was infeasible: 
Page 3 Rule Number: 3745-31-19 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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: 3745-31-19 

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 of compliance 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 of the !21st General Assembly. 

S.B. 2 (129th General Assemblv,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? No 
Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 

Contact 

614-644-2270 

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 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 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, 

then summarize the content of the rule: 
Page 2 Rule Number: 3745-31-20 

The existing rule states the requirements for major sources of air pollution in 

attainment areas which 'elect' to request the use of an innovative control technology 

in lieu of BACT. 

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 of these 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 of Federal 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 of the 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 of why filing the text or other material was infeasible: 

Not Applicable. 
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 of the rule that has been modified: 

Second Refiling: 

This rule was refiled without changes to keep it on the same jurisdictional 

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 of a new paragraph in rule 3 7 45-31-01 of the 

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 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 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 
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 of compliance. This rule states the requirements for major sources 

of air pollution in attainment areas which 'elect' to request the use of an innovative 

control technology in lieu of BACT. 

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 of the !21st General Assembly. 

S.B. 2 (129th General Assembtv.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? No 
Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 

3745-31-21 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 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 of ORC 

119.D32. 

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: 3745-31-21 

then summarize the content of the rule: 

The rule identifies the other rules of this chapter that a major source of air 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 of the 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). While 

copies of these 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 of Federal 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 of the 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 of the 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 of why 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 of why filing the text or other material was infeasible: 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 of your 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 of compliance. This rule identifies the other rules of this chapter 

that a major source of air 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 of the !21st General Assembly. 

S.B. 2 f129th General Assembly) 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 
Page 5 Rule Number: 3745-31-21 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 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 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, 

then summarize the content of the rule: 
Page 2 Rule Number: 3745-31-22 

The existing rule contains the requirements for data that must be submitted as part 

of a PTI application from major sources of air pollution in nonattainment areas. 

This includes the requirement that these types of sources 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 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 of these 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 of Federal 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 of the 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 of the 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 of why filing the text or other material electronically was 
Page 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: 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 of the 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 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 data that must be submitted as part of a PTI 

application from major sources of air pollution innonattainment areas. This 

includes the requirement that these types of sources 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 of the 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 of dollars 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 of emissions 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 of the application process. 

Major sources of air 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 of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 of the !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 of the !21st General Assembly. 
Page 5 Rule Number: 3745-31-22 

S.B. 2 (129th General Assembly) 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 

Page 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 of the 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 of why it is not possible to provide such an 

estimate. 

This rule contains the requirements for data that must be submitted as part of a PTI 

application from major sources of air pollution in nonattainment areas. This 

includes the requirement that these types of sources 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 of the 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 of dollars 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 of emissions 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 of the application process. 

Major sources of air 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 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 of the 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. 

_, __ ~~ .. -·--·-.. ~--~- -··------------~----~-~-----~----------------··-

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

Not Applicable. 

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. 

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 of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years 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 of this 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 of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 

requirements of the state, and the requirement to obtain a permit-to-install prior to 

construction of such sources. 

Rule Summary and Fiscal Analysis !Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 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 of ORC 

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; If the rule type is RESCISSION, NEW or NO CHANGE, 

then summarize the content of the rule: 

The existing rule contains the requirements for review of major sources of air 

pollution in areas that are unclassified or designated as clean but the source would 

violate the NAAQS. It also requires these types of sources to achieve LAER. The 

rule also states modeling will be used as part of the review of these 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 of pollutants 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. 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 of these 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 of Federal 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 of the 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 of the 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 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 of why filing the text or other material was infeasible: 

Not Applicable. 

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: 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 
Page4 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 of major sources of air pollution in 

areas that are unclassified or designated as clean but the source would violate the 

NAAQS. It also requires these types of sources 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 of the review of these sources. This type of modeling 

analysis would be submitted as part of the PTI application of which costs were 

discussed under the fiscal analysis for OAC rule 3745-31-02. Major sources of air 

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 of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 of the !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 of the !21st General Assembly. 
Page 5 Rule Number: 3745-31-23 

S.B. 2 (129th General Assembll() 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 

Page 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 of the 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 of why it is not possible to provide such an 

estimate. 

This rule contains the requirements for review of major sources of air pollution in 

areas that are unclassified or designated as clean but the source would violate the 

NAAQS. It also requires these types of sources 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 of the review of these sources. This type of modeling 

analysis would be submitted as part of the PTI application of which costs were 

discussed under the fiscal analysis for OAC rule 3745-31-02. Major sources of air 

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 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 of the 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. 

Not Applicable. 

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 
Page 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 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 of this action will not impose any additional cost 

for compliance. The existing requirements of this rule continue to require a cost of 

compliance that has existed for a number of years 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 of this 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 of Ohio will have to 

incur additional costs for the project in order to address the air pollution control 
Page B-3 Rule Number: 3745-31-23 

requirements of the state, and the requirement to obtain a pennit-to-install prior to 

construction of such sources. 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 of ORC 

ll9.032. 

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, 

~··--~-·· .. ---------~- -- ---~ .. ------~-------·- -~~~··- ---------------·---·------ -------------- ---.. ·----~----·-- ''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 of air pollution in a nonattainment area. 

Paragraph (B) is being reorganized and amended to provide clarity and maintain 

consistency with the latest amendments of 40 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. 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 of these 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 of Federal 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 of the 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 of the 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 by regulators and impacted parties to determine or achieve compliance with 
Page3 Rule Number: 3745-31-24 

these rules. These organizations and materials are commonly known and utilized by 

sources subject to environmental regulations. Copies of these 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 of the 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. 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 of why filing the text or other material was infeasible: 

Not Applicable. 

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 per hour 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 of paragraph (F)( I)" and deleting the phrase "in the absence of an 

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 of a new paragraph in rule 3745-31-01 of the 

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 
Page4 Rule Number: 3745-31-24 

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 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: 

There is no cost of compliance. This rule identifies procedures for determining the 

baseline for offsetting emissions and other general requirements for generating 

emission offsets for a major source of air 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 of the 121 st General Assembly. 
Page 5 Rule Number: 3745-31-24 

S.B. 2 f129th General Assembll(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 of Air 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 of offsetting emissions. 

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 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, 

then summarize the content of the 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 of air pollution in a nonattainment area. 

This rule is being proposed as new due to the LSC policy of rescinding a rule and 

replacing it as new if over 50% of the 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% of the 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 121.7 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 of Federal 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 of the 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 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 
Page 3 Rule Number: 3745-31-25 

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: 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 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: 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 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: 
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 of compliance. This rule identifies requirements for where 

emission offsets may be obtained for a major source of air 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 of the !21st General Assembly. 

S.B. 2 (129th General Assembl'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? No 
Rule Summary and Fiscal Analysis !Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 of ORC 

119.D32. 

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 of the rule: 

·-----------.. --~------ ________ , ____ "" ·--··-·-··-~------.. ---~- -----~ .. ---·--·----- """" _______ ~-----------~ 

... ,w/u' ''<-'•·"! ;,,,- <--r;;''' ;m: \A-i" ?iii-: ll .-;:~ 
Page 2 Rule Number: 3745-31-26 

The existing rule identifies the ratio of emission offsets that must be obtained 

depending on the category of nonattainment (marginal to extreme) for a major 

source of air pollution in a nonattainment area. 

This rule is being proposed as new due to the LSC policy of rescinding a rule and 

replacing it as new if over 50% of the 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 121.7 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 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 of the 

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 
Page 3 Rule Number: 3745-31-26 

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 of why filing the text or other material was infeasible: 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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: 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 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 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 of compliance. This rule identifies the ratio of emission offsets that 

must be obtained depending on the category of nonattainment (marginal to 

extreme) for a major source of air 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 of the 12lst General Assembly. 

S.B. 2 (129th General Assembl}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 a 
Page 5 Rule Number: 3745-31-26 

condition of compliance? No 

Rule Summary and Fiscal Analysis (Part Al 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air 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 

3745-31-27 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 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 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 of the offsets. 

Paragraph (A)(1 )(b) of this 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 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 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 of the 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 of why filing the text or other material electronically was 

infeasible: 

Not applicable 

1 0. 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: 
Page 3 Rule Number: 3745-31-27 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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: 3745-31-27 

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 of compliance. 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 must be in 

place and the federal enforceability of the 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 order to 

comply with Am. Sub. 106 of the 121st General Assembly. 

S.B. 2 (129th General Assemblv! 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 of Air 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 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), 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 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: 3745-31-29 

then summarize the content of the rule: 

The rule states the requirements for sources of air pollution which 'elect' to request 

a general permit-to-install in lieu of a 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) of OAC rule 3745-31-01. Also, minor amendments are 

being made to update the rule 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 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 of these 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 of the 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 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 of why filing the text or other material was infeasible: 

Not Applicable. 
Page 3 Rule Number: 3745-31-29 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 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: 
Page4 Rule Number: 3745-31-29 

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 of compliance. This rule states the requirements for sources of air 

pollution which 'elect' to request a general permit-to-install in lieu of a 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 of the !21st General Assembly. 

S.B. 2 (129th General Assembly) 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 of the many options facilities 

have for obtaining a pennit. If a 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 of Air Pollution Control fDAPC) 

Division 

Paul J. 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 limit fP AL). 

RULE SUMMARY 

614-644-3681 

Fax 

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 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 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, 

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 other paragraphs 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 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 of these 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 of Federal 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 of the 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 of why filing the text or other material was infeasible: 
Page 3 Rule Number: 3745-31-32 

Not Applicable. 

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 same jurisdictional 

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 of a new paragraph in rule 3745-31-01 of the 

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 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 of your 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 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 of compliance. 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 F onn in order to 

comply with Am. Sub. 106 of the !21st General Assembly. 

S.B. 2 (129th General Assembly) 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 permit wherein a facility with multiple 

emission units accepts a single limit for emissions across the entire facility. This is 
Page 5 Rule Number: 3745-31-32 

one option for obtaining a permit, assuming that the facility qualifies for the PAL. 

All sources of air 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 if the facility qualifies for the PAL and, assuming the facility qualifies, 

helps Ohio EPA structure and complete the permit. 

Article Ill 

Attachment C 

JCARR Agenda 

A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

Agenda- 3/17/2014- 1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Consent 

FINAL AGENDA 

nsation • 

Filing Date: 1/23/2014 

CSI FYR 

Yes No Yes No 

Rule Number 

4123-6-21.1 4123-6-21.5 

Jurisdiction Ends: 3/29/2014 Public Hearing: 3/4/2014 

Rule Title Payment for outpatient medication by self-insuring employer. 

Standard dose tapering schedules. 

ve Services • Division of Human Resources 

Filing Date: 1/17/2014 Jurisdiction Ends: 3/23/2014 Public Hearing: 2/19/2014 

CSI FYR Rule Number Rule Title 

No Yes 123:1-3-01 Position audits. 

Filing Date: 1/14/2014 Jurisdiction Ends: 3/20/2014 Public Hearing: 3/19/2014 

CSI FYR Rule Number Rule Title 

Yes Yes 173-9-01 Introduction and definitions. 

Yes No 173-9-01 Introduction and definitions. 

Yes Yes 173-9-02 Applicability. 

Yes No 173-9-02 Applicability. 

Yes Yes 173-9-03 Free database reviews. 

Yes No 173-9-03 Reviewing databases (for all responsible parties except the self-employed). 

Yes No 173-9-03.1 Reviewing databases (for the self-employed). 

Yes Yes 173-9-04 General requirements. Yes No 173-9-04 When to check criminal records, inform applicants, charge fees, and use forms (for all responsible parties except the self-employed). 

Yes No 173-9-04.1 When to check criminal records, pay fees, and use forms (for the self-employed). 

Yes Yes 173-9-05 Conditional employment. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 1 • 311712014 
 

Yes No 

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 

Yes Yes 173-9-07 Disqualifying offense exclusionary periods; limited grandfathering; certificates; pardons. 

Yes Yes 173-9-08 Records. 

Yes No 173-9-08 Records: confidentiality and retention. 

Yes Yes 173-9-09 Immunity from negligent hiring. 

Yes No 173-9-09 Immunity from negligent hiring. 

Yes Yes 173-9-10 Disciplinary actions. 

Board of Building Standards: Ohio Building Code 

Filing Date: 1/28/2014 Jurisdiction Ends: 4/3/2014 Public Hearing: 2/28/2014 

CSI FYR Rule Number Rule Title 

Yes No 4101:1-2-01 Definitions. 

Yes No 4101:1-3-01 Use and occupancy classification. 

Yes No 4101:1-10-01 Means of egress. 

Yes No 4101:1-11-01 Accessibility. 

Yes No 4101:1-13-01 Energy efficiency. 

Yes No 4101:1-17-01 Structural tests and special inspections. 

Filing Date: 1/28/2014 Date of Revised Filing: 2/14/2014 Jurisdiction Ends: 4/3/2014 Public Hearing: 2/28/2014 

CSI FYR Rule Number Rule Title 

Yes No 4101:1-1-01 Administration. 

Board of Building Standards: Ohio Plumbing Code 

Filing Date: 1/28/2014 Jurisdiction Ends: 4/3/2014 Public Hearing: 2/28/2014 

CSI FYR Rule Number Rule Title 

Yes No 4101:3-2-01 Definitions. 

Yes No 4101:3-3-01 General regulations. 

Yes No 4101:3-4-01 Fixtures, faucets and fixture fittings. 

Yes No 4101:3-6-01 Water supply and distribution. 

Yes No 4101:3-10-01 Traps, interceptors and separators. 

Yes No 4101:3-13-01 Referenced standards. 

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. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us ·Page 2 • 311712014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Filing Date: 1/28/2014 Jurisdiction Ends: 4/3/2014 

CSI FYR Rule Number Rule Title 

Yes No 4101:8-2-01 Definitions. 

Yes No 4101:8-3-01 Building planning. 

Yes No 4101:8-4-01 Foundations. 

Yes No 4"101:8-6-01 Wall construction. 

Yes No 4101:8-11-01 Energy efficiency. 

Yes No 4101:8-15-01 Exhaust systems. 

Yes No 4101:8-20-01 Boilers and water heaters. 

Yes No 4101:8-44-01 Referenced standards. 

Filing Date: 1/28/2014 Date of Revised Filing: 2/14/2014 Jurisdiction Ends: 4/3/2014 

.(&] FYR Rule Number Rule Title 

Yes No 4101:8-1-01 Administration. 

FINAL AGENDA 

Public Hearing: 2/28/2014 

Public Hearing: 2/28/2014 

 Board of Building Standards: Certification Rules 

Filing Date: 1/28/2014 

CSI FYR 

Yes Yes 

Filing Date: 1/28/2014 

CSI FYR 

Yes No 

Yes No 

Yes No 

Filing Date: 1/31/2014 

CSI FYR 

Yes Yes 

Filing Date: 1/8/2014 

CSI FYR 

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. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466~4086 • www.jcarr.state.oh.us • Page 3 • 3117/2014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

mily Services • Child Support 

Filing Date: 1/29/2014 

CSI FYR 

No Yes 

No No 

Rule Number 

5101:12-1-51 

5101:12-1-80 

mily Servjces • Division of Public Assistance 

Filing Date: 1/31/2014 

CSI FYR Rule Number 

No Yes 5101:1-2-70 

mily Services • Division of Public Assistance 

Filing Date: 1/29/2014 

.Q.§! FYR Rule Nymber 

No Yes 5101:1-2-30.1 

No No 5101:1-2-30.1 

No Yes 5101:1-2-30.3 

No No 5101:1-2-30.3 

ilY Services • DivisioJLof Public_Assistanc_e 

Filing Date: 1/31/2014 

CSI FYR Rule Number 

No Yes 5101:1-23-70 

mily Servjces • Division of Public Assistance 

Filing Date: 1/31/2014 

.Q.§! FYR Rule Nuw!ler 

No Yes 5101:1-5-70 

No No 5101:1-5-70 

mily Services • Division of Social Services 

Filing Date: 1/21/2014 

CSI FYR Rule Number 

Yes Yes 5101:2-42-05 

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. 

R 77 South High Street • Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 4 • 311712014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

Yes Yes 5101:2-42-09 Acceptance of permanent custody by permanent surrender. 

Yes Yes 5101:2-42-18.1 Non-discrimination requirements for foster care placements. 

Yes Yes 5101:2-42-19 Requirements for the provision of independent living services to youth in custody. 

No Yes 5101:2-42-19.2 Requirements for provision of independent living services to young adults who have emancipated. 

mily Services· Division of Social Services 

Filing Date: 1/23/2014 

CSI FYR 

No Yes 

Filing Date: 1/23/2014 

CSI FYR 

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. 

mily Services· Division of Social Services 

Filing Date: 1/23/2014 

CSI FYR 

No Yes 

No Yes 

No Yes 

No Yes 

Filing Date: 1/23/2014 

CSI FYR 

No Yes 

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. 

mily Services • ODJFS Practices 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Cofumbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.ohus • Page 5 • 3117/2014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Filing Date: 1/29/2014 Jurisdiction Ends: 4/4/2014 

CSI FYR Rul§ Title 

FINAL AGENDA 

Public Hearing: 

No Yes 

Rule Nymber 

5101:9-6-31 County share of public assistance expenditures and the mandated share budget. 

h and Addiction Services • 

Filing Date: 1/13/2014 

1&!. FYR 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Filing Date: 1/13/2014 

1&!. FYB 

Yes Yes 

Yes No 

Yes No 

Yes No 

y • 

Filing Date: 1/15/2014 

CSI FYR 

No No 

No No 

y • 

Filing Date: 1/31/2014 

1&!. FYR 

Yes No 

Yes No 

Yes No 

Yes No 

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. 

RR 77 South High Street • Concourse Level• Columbus, Ohfo 43215 • (614) 466·4086 • www.jcarr.state.oh.us ·Page 6 • 311712014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014- 1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Advertising and soliciting business. 

FINAL AGENDA 

Yes No 

Yes No 

Yes No 

4501-21-08 

4501-21-12 4501-21-13 

Records, certificates of completion, & course evaluations. 

Classrooms. 

Yes No 4501-21-15 Ranges, vehicles, and insurance for advanced juvenile driver improvement programs. 

n and Correction • Division of Parole and Communitv Services 

Filing Date: 1/29/2014 

CSI FYR 

No Yes 

No Yes 

No Yes 

No Yes 

No Yes No Yes 

No No No Yes 

No Yes 

No Yes 

No Yes 

No Yes 

Filing Date: 1/29/2014 

CSI FYR 

No Yes No No 

Filing Date: 1/29/2014 

CSI FYR 

No Yes 

No Yes 

Filing Date: 1/29/2014 

CSI FYR 

No Yes No Yes 

Jurisdiction Ends: 4/4/2014 

Rule Number Rule Title 

5120:1-8-02 Classification. 

5120:1-8-03 Security. 5120:1-8-06 Communication. 5120:1-8-09 Medical. 5120:1-8-11 Recreation and programming. 5120:1-8-12 Prisoner discipline. 

5120:1-8-12 Inmate Disciplinary Process. 

5120:1-8-14 Disciplinary hearing. 

5120:1-8-15 Administrative segregation. 

5120:1-8-16 Grievance. 5120:1-8-17 Staffing. 5120:1-8-18 Staff training. 

Date of Revised Filing: 1/30/2014 Jurisdiction Ends: 4/4/2014 

Rule Number Rule Title 

5120:1-8-01 Reception and release. 

5120:1-8-09 Medical/Mental Health. 

Date of Revised Filing: 2/3/2014 Jurisdiction Ends: 4/4/2014 

Rule Number Rule Title 

5120:1-8-04 Housing. 

5120:1-8-05 Sanitation and environmental conditions. 

Date of Revised Filing: 3/4/2014 Jurisdiction Ends: 4/4/2014 

Rule Number 

5120: 1-7-02 5120:1-8-07 

Rule Title 

Glossary of terms. 

Visitation. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

Public Hearing: 3/7/2014 

Public Hearing: 3/7/2014 

Public Hearing: 3/7/2014 

Public Hearing: 3/7/2014 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 7 • 311712014 
A 

No 

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 

Filing Date: 1/24/2014 Jurisdiction Ends: 3/30/2014 Public Hearing: 

l&l .EYE Rule Num!ler Rule Title 

No Yes 3379-1-01 Principal office. 

No Yes 3379-3-01 Annual meeting. 

No Yes 3379-3-02 Special meetings. 

No Yes 3379-3-03 Place of meeting. 

No Yes 3379-3-04 Notice. 

No Yes 3379-3-05 Quorum. 

No Yes 3379-3-06 Voting rights. 

No Yes 3379-3-07 Organization. 

No Yes 3379-3-08 Notice to the public. 

No Yes 3379-5-02 Executive committee. 

No Yes 3379-5-03 Procedure. 

No Yes 3379-7-01 Number. 

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

No Yes 3379-7-03 Vacancy. 

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

No Yes 3379-7-05 Secretary. 

No Yes 3379-7-06 Consultants to the council. 

No Yes 3379-7-07 Advisory panels. 

No Yes 3379-7-08 Compensation. 

No Yes 3379-9-01 State of arts reports. 

No Yes 3379-9-02 Conflict of interest reports. 

No Yes 3379-13-01 Amendments. 

No Yes 3379-15-02 Procedures for accessing confidential personal information. 

No Yes 3379-15-03 Valid reasons for accessing confidential person information. 

No No 3379-17-01 Gifts and Donations. 

id • 

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. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 8 • 311712014 
A 

CSI FYR 

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. 

with Disabilities • 

Filing Date: 1/14/2014 

CSI FYR 

Yes Yes 

Date of Revised Filing: 2/7/2014 Jurisdiction Ends: 3/20/2014 

Rule Number Rule Title 

3304-1-"12 Community rehabilitation program standards. 

FINAL AGENDA 

Public Hearing: 2/20/2014 

Yes Yes 3304-2-52 Least cost, use of comparable benefits, consumer contribution, and fees for services. 

orage Tank Release Compensation Board • 

Filing Date: 1/14/2014 

CSI FYR Rule Number 

Yes No 3737-1-04 

 of Ohio • Motor Carriers 

Filing Date: 1/24/2014 

CSI FYR !3yle Number 

No Yes 4901:2-11-08 

No Yes 4901:2-11-09 

 of Ohio • Utilities 

Filing Date: 1/29/2014 

CSI FYR Rule Number 

Yes Yes 4901:1-14-01 

Yes Yes 4901:1-14-02 

Yes Yes 4901:1-14-03 

Yes Yes 4901:1-14-04 

Yes Yes 4901:1-14-07 

ent Svstem • 

Filing Date: 1/15/2014 

CSI FYR Rule Number 

No Yes 3309-1-04 

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. 

R 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 9 • 311712014 
A 

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 

Medical, Fire, and Traos!!orlation Services • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

.Q.Sl FYR Rule Nymber Rule Titl!l 

Yes Yes 4765-11-01 Definitions. 

Yes No 4765-11-01 Definitions. 

Yes Yes 4765-11-02 Classification of fire service training programs. 

Yes No 4765-11-02 Classification of firefighter, fire safety inspector and instructor training courses. 

Yes Yes 4765-11-03 Chartering of training programs. 

Yes No 4765-11-03 Qualifications for a fire charter. 

Yes Yes 4765-11-04 Application for charter. 

Yes No 4765-11-04 Application for a fire charter. 

Yes Yes 4765-11-05 Renewal of charter. 

Yes No 4765-11-05 Renewal of a fire charter. 

Yes Yes 4765-11-06 Notification to executive director. 

Yes Yes 4765-11-07 Reinstatement of an expired charter. 

Yes No 4765-11-07 Reinstatement of an expired fire charter or classification. 

Yes Yes 4765-11-08 Reinstatement of a revoked charter or classification. 

Yes No 4765-11-08 Reinstatement of a revoked fire charter or classification. 

Yes Yes 4765-11-09 Volunteer firefighter curriculum. 

Yes No 4765-11-09 Volunteer firefighter course. 

Yes Yes 4765-11-10 Firefighter I transition course curriculum. 

Yes No 4765-11-10 Firefighter I transition course. 

Medical, Fire, and Trans!!orlation ServiC!lll • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

CSI FYR Rule Number Ryls: Ii!le 

Yes Yes 4765-11-11 Firefighter I curriculum. 

Yes No 4765-11-11 Firefighter I course. 

Yes Yes 4765-11-12 Firefighter II transition course curriculum. 

Yes No 4765-11-12 Firefighter II transition course. 

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. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 10 • 3/1712014 
A 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

Yes No 4765-11-13 Firefighter I and II course. 

Yes Yes 4765-11-14 Fire safety inspector curriculum. 

Yes No 4765-11-14 Fire safety inspector course. 

Yes Yes 4765-11-15 Fire service instructor curriculum. 

Yes No 4765-11-15 Fire instructor and assistant fire instructor course. 

Yes Yes 4765-11-16 Fire safety inspector instructor curriculum. 

Yes No 4765-11-16 Fire safety inspector instructor course. 

Yes No 4765-11-17 Fire charter offsite locations. Yes No 4765-11-18 Online education and distance learning for fire safety inspector and instructor training courses offered through a chartered program. Yes No 4765-11-19 Written examination administration requirements. 

Yes No 4765-11-20 Practical examination administration requirements. 

Medical, Fire, and Trans11ortation Services • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

l&l EYE Rul12 Nymber B.ule Title 

Yes Yes 4765-22-01 Professional standards of conduct for fire service training certificate holders. 

Yes No 4765-22-01 Professional standards of conduct for firefighter and fire safety inspector certificate holders. 

Yes Yes 4765-22-02 Professional standards of conduct for certified instructor. 

Yes No 4765-22-02 Professional standards of conduct for instructors. 

Yes Yes 4765-23-01 Investigation process. Yes Yes 4765-23-02 Administrative actions. Yes Yes 4765-23-03 Report of administrative actions. 

Medical, Fire, and Transgortation Services • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

CSI FYR Rul12 Rul12 Titl12 

Yes Yes 4765-20-01 General provisions. 

Yes No 4765-20-01 General provisions. 

Yes Yes 4765-20-02 Qualifications for a certificate of firefighter training. 

Yes No 4765-20-02 Qualifications for a firefighter certificate. 

Yes Yes 4765-20-03 Qualifications for a certificate of fire safety inspector training. 

Yes No 4765-20-03 Qualifications for a fire safety inspector certificate. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 11 • 311712014 
A 

Yes Yes 

Yes No 

Yes Yes 

Yes Yes 

Yes No 

Yes Yes 

Yes No 

Yes Yes 

Yes No 

Yes Yes 

Yes No 

Yes Yes 

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. 

Medical, Fir!!, and Tr!!nsj;lortation Service§ • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

l&t FYR Rule Numb§r Rul§ Title 

Yes Yes 4765-20-11 Equivalency for a certificate of fire service training. 

Yes No 4765-20-11 Firefighter certification by reciprocity. 

Yes Yes 4765-20-12 Equivalency for fire instructor. 

Yes Yes 4765-20-13 Options for firefighter continuing education. 

Yes No 4765-20-13 Firefighter continuing education. 

Yes Yes 4765-20-14 Continuing education option two: upgrade to firefighter I. 

Yes No 4765-20-14 Continuing education option to upgrade a volunteer firefighter to a firefighter I. 

Yes Yes 4765-20-15 Continuing education option two: upgrade to firefighter II. 

Yes No 4765-20-15 Continuing education option to upgrade a firefighter I to a firefighter II. 

Yes Yes 4765-20-16 Fire safety inspector continuing education. 

Yes No 4765-20-16 Fire safety inspector continuing education. 

Yes Yes 4765-20-17 Exemption for continuing education. 

Yes No 4765-20-17 Exemption from firefighter or fire safety inspector continuing education. 

Yes Yes 4765-20-18 Voluntary surrender in level of certificate of fire training. 

Yes No 4765-20-18 Voluntary surrender of certificate of fire service training. 

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. 

R 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us ·Page 12 • 3!1712014 
 

Yes Yes 

Yes Yes Yes Yes 

Yes Yes 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

FINAL AGENDA 

4765-20-20 Initial renewal of active fire safety inspector certification. 4765-20-21 Initial renewal of active fire instructor certification. 

4765-20-22 Fire training certificates and fire instructor certification cycles and continuing education requirements. 4765-20-23 Merging of fire service and fire instructor certificates with EMS certificates. 

Medical, Fire, en!l Transgortatjon Services • 

Filing Date: 1/16/2014 Jurisdiction Ends: 3/22/2014 Public Hearing: 2/18/2014 

CSI FYR Rule Number Rule Title 

Yes Yes 4765-21-02 Fire service instructor training program entrance requirements. Yes No 4765-21-02 Instructor training course entrance requirements. 

Yes Yes 4765-21-03 Criteria for a certificate to teach fire service training. 

Yes No 4 765-2'1-03 Qualifications for an instructor certificate. 

Yes Yes 4765-21-04 Renewal of a certificate to teach fire service training. 

Yes No 4765-21-04 Renewal of a fire instructor, fire safety inspector instructor or assistant fire instructor certificate to teach. 

Yes Yes 4765-21-05 Reinstatement of a certificate to teach fire service training. 

Yes No 4765-21-05 Eligibility for reinstatement of a fire instructor, fire safety inspector instructor or assistant fire instructor certificate to teach. 

Yes Yes 4765-21-06 Qualification for fire service instructor trainers. Yes No 4765-21-06 Fire instructor and fire safety inspector instructor trainers. 

Yes Yes 4765-21-07 EMS instructor seeking fire service instructor certification. 

Yes No 4765-21-07 EMS instructor seeking fire instructor or fire safety inspector instructor certification. 

Yes Yes 4765-21-08 Fire service instructor crossover certification. Yes No 4765-21-08 Fire instructor or fire safety inspector instructor crossover certification. Yes Yes 4765-21-09 Criteria for a certificate of assistant fire instructor. 

Yes Yes 4765-21-10 Reinstatement of a revoked certificate. 

Yes No 4765-21-10 Reinstatement of a revoked fire instructor and fire safety inspector instructor certificate. 

Yes No 4765-21-11 Voluntary surrender of certificate to teach. 

Yes No 4765-2'1-12 Reciprocity for fire instructor. Yes No 4765-21-13 Exemption for continuing education. 

Filing Date: 1/31/2014 Jurisdiction Ends: 4/6/2014 Public Hearing: 3/4/2014 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us ·Page 13 • 3/17/2014 
 

CSI FYR 

Yes No Yes No 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. 

Senate Finance Hearing Room (Finan Hearing Room) 

Rule Nymber Rule Title 

4729-11-01 Definitions. 4729-11-02 Scheduling of Compounds. 

FINAL AGENDA 

chase of Products and Services Provided by Persons with Severe Disabilities • 

Filing Date: 1/15/2014 Jurisdiction Ends: 3/21/2014 Public Hearing: 2/19/2014 

l&! FYR Byle Rule Title 

No Yes 4115-1-01 Definitions. No Yes 4115-3-01 Purpose. No Yes 4115-3-02 Recommendations. 

No Yes 4115-3-03 Correspondence and inquiries. No Yes 4115-3-04 Notice of meetings. No Yes 4115-3-05 Public notice: adoption, amendment or rescission of rules. No Yes 4115-5-01 Committee membership. No Yes 4115-5-02 Duties and powers of the committee for the purchase of products and services provided by persons with severe disabilities. No Yes 4115-5-03 Central nonprofit agencies' responsibilities. No Yes 4115-5-04 Violations of the state use program law, rules or regulations. 

No Yes 4115-6-01 Approval of central nonprofit agency(ies ). 

No Yes 4115-6-02 Approval procedure for central nonprofit agency(ies ). No Yes 4115-6-03 Renewal of central nonprofit agency(ies) approval. 

No Yes 4115-6-04 Annual evaluation of central nonprofit agency (ies ). 

No Yes 4115-6-05 Commission fees. 

chase of Products and Services Provided bv Persons with Severe Disabilities • 

Filing Date: 1/15/2014 Jurisdiction Ends: 3/21/2014 Public Hearing: 2/19/2014 

l&! 

No 

No No No No No 

FYR Rule Number 

Yes 4115-7-01 Yes 4115-7-02 Yes 4115-7-03 Yes 4115-7-04 Yes 4115-7-05 Yes 4115-7-06 

Rule Title 

Certification of qualified nonprofit agencies. 

Procurement list. Purchase waivers. 

Deletion of items from the procurement list. 

Committee decisions pertaining to an addition to the procurement list. 

Quality of merchandise and services provided. 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website. 

R 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 14 • 3117/2014 
A 

No Yes 

No Yes 

No Yes No Yes No Yes No Yes 

No Yes 

No Yes 

No Yes 

No Yes 

ion Agencl£ • 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

4115-7-07 4115-7-09 4115-7-10 4115-7-11 4115-7-12 4115-7-13 

4115-7-14 4115-7-15 4115-7-16 4115-7-17 

Specification changes. 

Allocation and orders. 

Adjustment and cancellation of orders. 

Shipping and packing. 

Fair market pricing for site-specific services. Fair market pricing for services priced as products. 

Fair market pricing for products/commodities. Exception rule for presenting justification to exceed state use committee of Ohio 

fair market pricing guidelines. 

Payments. Previously approved products and services. 

To Be Refiled 

Filing Date: 1/10/2014 Date of To Be Refiled: 2/19/2014 Jurisdiction Ends: Public Hearing: 2/18/2014 

CSI 

Yes 

Yes 

Yes Yes Yes Yes Yes 

Yes 

Yes 

Yes 

Yes 

Yes Yes Yes 

FYR 

Yes Yes Yes Yes Yes Yes Yes Yes 

Yes Yes Yes Yes Yes Yes 

Rule Number 

3745-31-01 3745-31-02 3745-31-06 3745-31-09 3745-31-10 3745-31-11 3745-31-12 

3 7 45-3 "1-13 3745-31-14 

3745-31-15 3745-31-16 3745-31-17 

3745-31-18 3745-31-19 

Rule Title Definitions. 

Applicability, requirements, and obligations. 

Completeness determinations, processing requirements, public participation, public 

notice, and issuance. 

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. 

Attainment provisions - preapplication analysis. 

Attainment provisions- control technology review. 

Attainment provisions - major stationary source impact analysis. 

Attainment provisions - additional impact analysis. 

Attainment provisions - air quality models. Attainment provisions- notice to the United States environmental protection 

Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website, 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 15 • 3117/2014 
 

JOINT COMMITTEE ON AGENCY RULE REVIEW 

3/17/2014-1:30 P.M. FINAL AGENDA 

Senate Finance Hearing Room (Finan Hearing Room) 

Yes Yes 

Yes Yes 

ion Agency • 

Filing Date: 1/10/2014 

.em FYR 

Yes Yes 

Yes Yes 

Yes Yes 

Yes No 

Yes No 

Yes Yes 

Yes Yes 

Yes Yes 

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 

Board of Building Standards: Residential Code of Ohio 

Filing Date: 1/28/2014 

.Qm FYR 

g Yes No 

 of Ohio • Utilities 

Filing Date: 11/28/2012 

CSI FYR 

g No Yes 

g 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: 

R 77 South High Street • Concourse Level• Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 16 • 311712014 
A 

ng Yes Yes 

ng 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 

R 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 the 
3 

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.) 

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4 

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. 

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24 

JENNIFER L. PARISH, RPR 

NOTARY PUBLIC-STATE OF OHIO 

My Commission Expires: November 23, 2014. 
Article V 

Response to Comments 

Ohio EPA 

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 of the 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 of the 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 of the 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) of rule 3745-31-03 of the 

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 of ten thousand pounds or less. 
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) of the 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 by an 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, or 
Rule 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 

power source and is used only during the following: 

(1 I Emergencies. 

(2) Any combination of the following purposes for a maximum of 100 hours per 

calendar year: 

(a) Maintenance checks and readiness 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 Emergency Alert Level 2 (EEA Level 2/ as 

defined in the "North American Electric Reliability Corporation Reliability 

Standard EOP-002-3, Capacity and 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 paragraph 
Rule 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 applicant 
Rule 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"l 
Rule 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 of the 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 rule 
Rule 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 behalf 
Rule 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/m3 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 of which 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 for 
Rule 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 of an 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 of an ao,orc»ved 

attainment demonstration if the 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) of this 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. Ohio 
Rule 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 of the 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 of Ohio'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 of Air 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 October 20,2010. As a fully approved NSR program, 

DAPC is required to incorporate U.S. EPA's rules, or a version at least as stringent as U.S. 

EPA's rules, within three years of their promulgation. Please reference the federal 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 for truck, adding a significance level for the hourly NOx standard, adding 

clarifying language for 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 of the 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 sufficient to 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 37 45-31-03. 

• Paragraph (HHHHHH) has been amended to delete "iJg/cm" as "1Jg/m3

" is now used in 

all instances for "micrograms per cubic meter" in chapter 31. 

• Paragraph (LLLLLL) has been amended to correct links to 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/m3

. 

OAC 3745-31-24 Nonattainment provisions - baseline for determining credit for 

emission and air quality offsets 

• Paragraph (8)(1 )(a) has been amended to clarify when 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 of these 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 37 45-77-01. 

• 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 

source 
Rule 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 11glm3

, 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) of this rule will be amended to change the maximum allowable increase 

for PM10 from 20 to 30 1Jg/m3 to be consistent with federal rules. 

OAC 3745-31-24 Nonattainment provisions - baseline for determining credit for 

emission and air quality offsets 

• Paragraph (F) of this 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) of this rule has been deleted because a commenter pointed out that the 

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) of this rule has been renumbered and reformatted as (D)(2)(b ). 

OAC 37 45-31-27 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) of this rule has been amended to change the term "if the 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 or other 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 new term, "emergency". This new term corresponds with 

the emergency exemptions in OAC rule 37 45-31-03. 

• 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 of the federally 

required criteria for an air quality emission offset and the incorporation will maintain 

consistency with OAC rule 37 45-111-01. 

• 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 new term, "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 new term, "publicly owned treatment works" or"POTW". This 

term corresponds with a new POTW exemption in OAC rule 3745-31-03. 

• Paragraph (JJJJJ) defines a new term, "quantifiable." This term is one of the 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 precursors for 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 matter to 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 of the 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 language for notification procedures 

to the federal land managers (FLMs). This language specifies how Ohio EPA will 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 of the word "variance" will be corrected in paragraph (8)(2). 

OAC rule 3745-31-08.., Registration status permit-to-operate 
Rule 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 37 45-31-10 NSR projects at existing emissions units at a major stationary 

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 37 45-31-13 Attainment provisions -review of major stationary sources and 

major modifications, stationary source applicability and exemptions. 

• Paragraph (H) will be amended to incorporate PM2.5 exemption levels with respect to 

ambient monitoring, pursuant to U.S. EPA's requirements for establishing increments, 

significant impact levels, and a significant monitoring concentration for fine particulate 

pollution. 

OAC rule 3745-31-16 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 for fine 

particulate pollution. 

OAC rule 37 45-31-21 Nonattainment provisions -review of major stationary sources 

and major modifications - stationary source applicability and exemptions 
Rule 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 subject to the control requirements that 

are applicable under plans in effect under Section 189 of the 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 of pollutants for which 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 credit for 

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%ofthe text of the 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% of the text of the 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.