(

AttachmentE

(RSFA's for the Revised Rules)
ACTION: Final I DATE: 01/22/2008 8:21 AM I

( 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)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-01

Rule Number

Rule TitiefTag Line

AMENDMENT

TYPE of rule filing

Definitions.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

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

This rule is being filed to fulfill the requirements ofORC 119.032 pertaining to

5-year rule reviews.

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:

This rule contains defmitions that are applicable to OAt Chapter 3745-17.

[s~Flesheet: rsfa.xsI2.06, autboring tool: EZl, p: 30293. pa: 44096, ra: 144954, d: 168471)} print date: 07/23:'2008 11 :33 .'\..1\1
Page 2 Rule Number: 3745-17-01 (

The following is a synopsis ofthe proposed changes to rule 3745-17-01 (minor

wording changes are not summarized in this synopsis):

Paragraph (not applicable): A "Comment" has been added at the beginning ofthis

rule to refer the reader to the "Incorporation by Reference" section at the end ofthis

rule for a listing ofthe non-regulatory government publications, publications of

recognized organizations and associations, etc. referenced throughout Chapter

3745-17.

Paragraph (B)(10): A defmition has been added for "OEPA" and "Ohio EPA" so

that those abbreviations can be used in the other rules within this Chapter.

Paragraph (B)(15): A defmition has been added for "PM2.5," which is used in

proposed rule 3745-17-02.

Paragraph (B)(16): A defmition has been added for "PMlO," which is used in

proposed rules 3745-17-02 and 3745-17-14, and in the appendix for rule

3745-17-13.

Paragraph (B)(26): The defmition for "total suspended particulates" has been

deleted. In proposed rule 3745-17-02, the term "PMlO" has replaced the term "total

suspended particulates;" therefore, the defmition for "total suspended particulates"

is no longer needed.

Paragraph (C)(new paragraph): A new paragraph has been added to specifically

identify all the materials throughout this Chapter that are incorporated irito the rules

by reference. The paragraph also explains how copies ofthe specific materials can

be obtained by any interested party.

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). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC l21.76(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

regulations are generally available through libraries and the Ohio EPA and USEPA

websites. CFR references also have been dated to identify the specific versions of

the regulations being cited. 0 RC 121.75(D) exempts such references from the

requirements ofORC 121.71 through 121.74.

(

(
( Page 3 Rule Number: 3745-17-01

(

Referenced materials are cited, dated, and their availability noted in the last

paragraph ofthis rule.

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:

The rule was revised to correct a typo in the Authorizing Statute. The correct

authorizing statute is 3704.03(£)

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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

Not applicable.

Rule Number: 3745-17-01

\.

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 defmes various terms used within Chapter 3745-17. There are no costs of

compliance associated 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. 1060fthe 121st General Assembly.

(

(
(

ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-01

(

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant tq the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendm.ent.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARYOR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

40 CFR Parts 50 and 53

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

[s~r/esheet: rulecnvironmentalxsI2.J.'i. authoring 1001: i41 2.01 .May 21, ]003. (dv: 3, p: 30293, po: 44096, ra: 144954, d: print date: 07/23/2008 Ii :34 AM
Page E-2 Rule Number: 3745-17-01

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

/

\
ACTION: Final I DATE: 01/22/2008 8:21 AM I

( Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution Control (pAPC)

Division

50 West Town Street, Suite 700 PO Box 1049

Columbus Oll 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-02

Rule Number

Rule Title/Tag Line

AMENDMENT

TYPE of rule filing

Ambient air quality standards.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

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

This rule is being filed to fulfill the requirements ofORe 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies the ambient air quality standards for PMlO and PM2.5.

[stylesheet: rsfa.xs! 2.06, authOf)ng tool: EZI. p: 30293,< pa: 44096, ra: 144953, d: 168470)] print date: 07/23/2008 11 :35 AM
Page 2 Rule Number: 3745-17-02 (

The following is a synopsis ofthe proposed changes to rule 3745-17-02 (minor

wording changes are not summarized in this synopsis):

Paragraph (not applicable): A "Comment" has been added at the beginning ofthis

rule to refer the reader to the "Incorporation by Reference" paragraph in OAC rule

3745-17-01 for the dates ofnon-regulatory government publications, publications

ofrecognized organizations and associations, etc. referenced in this rule.

Paragraph (A): The last sentence ofthis paragraph has been deleted because it

refers to "total suspended particulates." With the new defInition for PMlO and the

deletion ofthe defmition for "total suspended particulates," all uses ofthe term

"total suspended particulates" need to be removed from this rule.

Paragraph (B): This paragraph has been changed to refer to PM2.5 and PMlO,

rather than "total suspended particulates," as the particles in the ambient air that

will be measured to detemiine compliance with the primary and secondary ambient

air quality standards.

Paragraph (C): This paragraph has been changed to refer to PMI0 rather than "total

suspended particulates."

Paragraph (D): USEPA has rescinded the annual National Ambient Air Quality

Standards for PM10; therefore, this paragraph has been deleted.

Paragraph (D)(new paragraph): A new paragraph has been added to defme the

primary and secondary, 24-hour ambient air quality standards for PM2.5.

Paragraph (E)(new paragraph): A new paragraph has been added to defme the

primary and secondary, annual ambient air quality standards for PM2.5.

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). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

This rule also contains references to the Code ofFederal Regulations (CFR). These

regulations are generally available through libraries and the Ohio EPA and USEPA

websites. The CFR references also have been dated to identify the specifIc versions

ofthe regulations being cited. ORC 121.75(D) exempts such references from the

(

(
( Page 3

requirements ofORC 121.71 through 121.74.

Rule Number: 3745-17-02

(

(

Referenced materials are cited, dated, and their availability noted in the last

paragraph ofOAC rule 3745-17-01.

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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

Not applicable.

Rule Number: 3745-17-02

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 specifies the ambient air quality standards for PMlO and PM2.5. There

are no costs of compliance associated with this rule.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption/Amendment Form in order to

comply with Am. Sub. 106 ofthe l2lst General Assembly.

{

(
(

ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-02

(

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

40 CFR Part 50

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

[s~r/esheet: ruJeenvironmental.xsI2.15. authoring tool: i4i 2.01 May 21,2003, (tiv: 2, p: 30293. pa: 44096, m: 144953. d: print date: 07:'23/2008 11 :35 A.l\J1
Page E-2 Rule Number: 3745-17-02 (

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(
ACTION: Final I DATE: 01/22/2008 8:21 AM I

( Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution Control IDAPC)

Division

50 West Town Street, Suite 700 PO Box 1049

Columbus OH 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-03

Rule Number

Rule TitiefTag Line

AMENDMENT

TYPE of rule filing

Measurement methods and procedures,

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704,03(A), 3704,03(E)

(

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

This rule is being filed to fulfill the requirements ofORe 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies all the test methods and procedures that must be used in

determining compliance with the emission limitations and control requirements

[s~rlesheet: rsfa.xs/2.06, authoring tool: £Z1, p: 30293. pa: 44096, ra: 144949, d: 168466)J print date; 07/23,'2008 11:35 }...Jv1
Page 2 Rule Number: 3745-17-03 (

contained in rules 3745-17-07 through -14.

The following is a synopsis ofthe proposed changes to rule 3745-17-03 (minor

wording changes are not summarized in this synopsis):

Paragraph (not applicable): A "Comment" has been added at the beginning ofthis

rule to refer the reader to the "Incorporation by Reference" paragraph in OAC rule

3745-17-01 for the dates ofnon-regulatory government publications, publications

ofrecognized organizations and associations, etc. referenced in this rule.

Paragraph (A): There are National Ambient Air Quality Standards for PM2.5 and

PMlO. Rule 3745-17-01 has been changed to include defmitions for each ofthese

types ofparticles, and rule 3745-17-02 has been changed to specify the federal

standards for the particles. This paragraph has been changed to refer to PM2.5 and

PM10, rather than total suspended particulates, and to the new defmitions for these

particles in proposed rule 3745-17-01.

Paragraph (B)(3)(introductory portion): The phrase "or with paragraphs (B)(2),

(D)(3), and (F)(6)(a)" has been deleted from this paragraph and replaced with the

phrase "or with paragraph (D)(4)(a)." The sources referenced in paragraphs (B)(2)

and (D)(3) of existing rule 3745-17-13 no longer exist. Paragraph (F)(6)(a) of

existing rule 3745-17-13 includes several visible emission limitations for operations

within the blast furnace casthouses at the Wheeling-Pittsburgh Steel Corporation,

Mingo Junction facility. That paragraph has been changed to specify only one

visible emission limitation, i.e., 15% opacity as a six-minute average; and the

paragraph number has been changed to (D)(4)(a). Therefore, the reference to

paragraph (F)(6)(a) in this paragraph [(B)(3)] has been changed to paragraph

(D)(4)(a). The word "particulate" has been deleted from this paragraph. "Particulate

emissions" is a defmed term in Chapter 3745-17, and it is not applicable to fugitive

dust sources. Therefore, to be consistent with the defmition, "visible particulate

emissions" has been changed to "visible emissions."

Paragraph (B)(3)(a): The phrase "and paragraphs (F)(6)(a)(i) and (F)(6)(a)(ii) of

rule 3745-17-13 ofthe Administrative Code" has been deleted from this paragraph.

As mentioned above, paragraph (F)(6)(a) of existing rule 3745-17-13 has been

revised to specify only one visible emission limitation, i.e., the 15%, six-minute

average, opacity limitation; and the paragraph number has been changed to

(D)(4)(a). The two subparagraphs (F)(6)(a)(i) and (F)(6)(a)(ii) have been deleted in

proposed rule 3745-17-13. Therefore, the references to the two subparagraphs

within paragraph (F)(6)(a) ofthis paragraph [(B)(3)(a)] can be deleted. In addition,

the opacity limitation in paragraph (D)(4)(a) ofproposed rule 3745-17-13 is a

6-minute average, and it would not be appropriate to refer to paragraph (D)(4)(a) in

this paragraph [(B)(3)(a)] because this paragraph addresses a 3-minute average

opacity limitation.

Paragraph (B)(3)(c): The wording ofthis paragraph has been deleted and replaced

(

(
( Page 3 Rule Number: 3745-17-03

(

(

with the word "Reserved." The paragraph number has been reserved to eliminate

the need to renumber subsequent paragraphs in paragraph (B)(3). As mentioned

above, paragraph (F)(6)(a) of existing rule 3745-17-13 has been changed to specify

only one visible emission limitation, i.e., the 15%, six-minute average, opacity

limitation; and the paragraph number has been changed to (D)(4)(a). Subparagraph

(F)(6)(a)(iii) has been deleted in proposed rule 3745-17-13. Therefore, this

paragraph [(B)(3)(c)] can be deleted. In addition, the opacity limitation in

paragraph (D)(4)(a) ofproposed rule 3745-17-13 is a 6-minute average, and it

would not be appropriate to change this paragraph [(B)(3)(c)] to refer to paragraph

(D)(4)(a) because this paragraph addresses a I-minute average opacity limitation.

Paragraph (B)(4): The wording "paragraphs (B)(1), (B)(3), (C), (D)(l), (D)(2), and

(G)" has been deleted and replaced with the wording "paragraph (B)." The sources

referenced in paragraphs (B)(1), (B)(3), (D)(1) and (D)(2) of existing rule

3745-17-13 no longer exist, and those paragraphs have been deleted in proposed

rule 3745-17-13. Paragraph (G) in existing rule 3745-17-13 is no longer necessary,

and that paragraph has been deleted in proposed rule 3745-17-13. Therefore, the

references to paragraphs (B)(1), (B)(3), (D)(1), (D)(2), and (G) can be deleted from

this paragraph [(B)(4)]. Paragraph "(C)" in the deleted wording in this paragraph

has been renumbered as (B) in proposed rule 3745-17-13; hence, the reason for the

deletion of "(C)" and the addition of "paragraph (B)" in this paragraph.

Paragraph (B)(9): The phrase "or with paragraphs (E)(1), (E)(2)(c), (F)(1)(a), and

(F)(l)(b) ofrule 3745-17-13 ofthe Administrative Code" has been deleted from

this paragraph. The boilers referenced in paragraphs (E)(1), (E)(2)(c), (F)(I)(a) and

(F)(1)(b) have been permanently shut down; and those paragraphs have been

deleted in proposed rule 3745-17-13. Therefore, the references to paragraphs

(E)(l), (E)(2)(c), (F)(1)(a) and (F)(1)(b) in this paragraph can be deleted.

Paragraph (B)(IO): References to paragraphs (1)(7)(e) and (I)(7)(g) of existing rule

3745-17-12 have been deleted from this paragraph because the sources referenced

in those paragraphs have been permanently shut down and the paragraphs have

been deleted from proposed rule 3745-17-12. References to paragraphs (1)(15),

(1)(18), (1)(31) through (1)(37), (1)(41), (1)(42), (1)(44) and (1)(49) of existing rule

3745-17-12 have been deleted from this paragraph because the sources referenced

in those paragraphs have been permanently shut down and the wording in those

paragraphs has been deleted from proposed rule 3745-17-12 and replaced with the

word "Reserved" to preserve the numbering within rule 3745-17-12. A reference to

paragraph (1)(48) ofrule 3745-17-12 has been added to this paragraph because

paragraph (1)(48) has been modified in proposed rule 3745-17-12 to include a

particulate emission limitation, and that emission limitation needs a compliance

method.

References to paragraphs (E)(5)(a) and (E)(5)(b) of existing rule 3745-17-13 have

been deleted from this paragraph because the sources referenced in those

paragraphs have been permanently shut down, and the paragraphs have been
Page 4 Rule Number: 3745-17-03

deleted from proposed rule 3745-17-13. Also, as a result ofthe proposed changes to

rule 3745-17-13, the references to paragraphs (F)(4), (F)(5), (F)(6)(b) to (F)(6)(d),

(F)(7), and (F)(8) of existing rule 3745-17-13 have been deleted from this

paragraph [(B)(10)] and replaced with the renumbered paragraphs (D)(2), (D)(3),

(D)(4)(b) to (D)(4)(d), (D)(5), and (D)(6), respectively, of proposed rule

3745-17-13.

Paragraph (B)(ll): This paragraph has been deleted. Paragraphs (E)(4)(a) and

(E)(5)(a) have been deleted from proposed rule 3745-17-13 because

Wheeling-Pittsburgh Steel Corporation no longer uses sinter as a raw material.

Therefore, this paragraph can be deleted from rule 3745-17-03 because it is no

longer necessary to define a test method for the moisture content ofsinter.

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). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

This rule contains references to the Code of Federal Regulations (CFR). These

regulations are generally available through libraries and the Ohio EPA and USEPA

websites. The CFR references also have been dated to identify the specific versions

ofthe regulations being cited. 0 RC 121.75(D) exempts such references from the

requirements ofORC 121.71 through 121.74.

Referenced materials are cited, dated, and their availability noted in the last

paragraph of OAC rule 3745-17-01.

This rule also contains references to analytical test methods and procedures used to

measure pollutant emission rates, certify monitoring equipment, and measure other

parameters for materials subject to the requirements ofthis Chapter. These test

methods and procedures are commonly known and utilized by the testing firms,

laboratories, and regulated entities that perform this analytical work. Copies of

these test methods and procedures are available through libraries and the ASTM

and USEPA websites.

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 5

infeasible:

Not applicable.

Rule Number: 3745-17-03

(

(

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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 6 Rule Number: 3745-17-03 (

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 specifies the test methods and procedures that must be used in

determining compliance with the emission limitations and control requirements

contained in rules 3745-17-07 through 3745-17-14. There are no costs of

compliance associated with this rule.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption/Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.

(
(

ACTION: Final

Page E-1

I DATE: 01122/2008 8:21 AM I

Rule Number: 3745-17-03

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list:

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

12/06105 and 6129106 e-mai1s from Duane Johnson (Ford Motor Company) to Jim

Orlemann (Ohio EPA)

6120107 e-mail from Bob Niemi (Ford Motor Company) to Jim Orlemann (Ohio

EPA)

[s~rlesheet: ruieenvironmental.xs12.15, authoring too!: i4i 2.01 May 21, ]003. (dv: 4, p: 30293, pa: 44096, ra: 144949, d: print date: 07/23:2008 II :35 AM
Page E-2 Rule Number: 3745-17-03 (

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

(
ACTION: Final I DATE: 01/22/2008 8:21 AM I

( Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution Control (pAPC)

Division

50 West Town Street. Suite 700 PO Box 1049

Columbus OH 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-04

Rule Number

Rule Title/Tag Line

AMENDMENT

TYPE of rule filing

Compliance time schedules.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

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

This rule is being filed to fulfill the requirements of ORC 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies the dates by which compliance with the emission limitations and

control requirements contained in rules 3745-17-07 through -13 must be achieved.

[s~r!esheet: rs/a.......s12JJ6, authoring too!: EZl, p: 30293, pa: 44096, ra: 144948, d: 16846.~)] print date: 07/23:2008 11 :36 AM
Page 2 Rule Number: 3745-17-04 (

The following is a synopsis ofthe proposed changes to rule 3745-17-04 (minor

wording changes are not summarized in this synopsis):

Paragraph (B)(6)(a): References to paragraphs (1)(6), (1)(7), (1)(10), (1)(21), (1)(40),

and (1)(43) have been deleted because significant revisions have been made to those

paragraphs, and, as a result, they will have a new compliance deadline. That new

compliance deadline is specified in new paragraph (B)(6)(g) ofthis rule. The

reference to paragraph (1)(4)(a) has been deleted because this paragraph has been

completely deleted from proposed rule 3745-17-12. References to paragraphs

(1)(41) and (1)(32) through (1)(37) have been deleted because the wording in those

paragraphs of proposed rule 3745-17-12 has been deleted and the paragraphs have

been noted as "Reserved."

Paragraph (B)(6)(e): References to paragraphs (1)(5), (1)(7), and (1)(48) have been

deleted because significant revisions have been made to those paragraphs, and, as a

result, they will have a new compliance deadline. That new compliance deadline is

specified in new paragraph (B)(6)(g) ofthis rule. The reference to paragraph

(1)(4)(b) has been deleted because this paragraph has been completely deleted from

proposed rule 3745-17-12. References to paragraphs (1)(31), (1)(15) and (1)(18)

have been deleted because the wording in those paragraphs ofproposed rule

3745-17-12 has been deleted and the paragraphs have been noted as "Reserved."

Paragraph (B)(6)(f): References to paragraphs (1)(40) and (1)(43) have been deleted

because significant revisions have been made to those paragraphs, and, as a result,

they will have a new compliance deadline. That new compliance deadline is

specified in new paragraph (B)(6)(g) ofthis rule. References to paragraphs (1)(42),

(I)(47)(b) and (1)(49) have been deleted because the wording in those paragraphs of

proposed rule 3745-17-12 has been deleted and the paragraphs have been noted as

"Reserved."

Paragraph (B)(6)(g)(new paragraph): A new paragraph has been added that

specifies "the effective date ofthis rule" as the compliance deadline for paragraphs

(1)(5) to (1)(7), (1)(10), (1)(21), (1)(40), (1)(43), and (1)(48) ofrule 3745-17-12.

Paragraph (B)(7)(a): Reference to paragraph (F)(I)(a) in existing rule 3745-17-13

has been deleted because that paragraph has been deleted from proposed rule

3745-17-13. References to paragraphs (F)(4), (F)(6)(d), (F)(6)(e), (F)(7) and (F)(8)

in existing rule 3745-17-13 have been deleted for two reasons. First, in proposed

rule 3745-17-13, those paragraphs have been renumbered as paragraphs (D)(2),

(D)(4)(d), (D)(4)(e), (D)(5) and (D)(6), respectively. Second, the requirements for

the sources addressed in the renumbered paragraphs have been made more stringent

than the requirements of existing rule 3745-17-13; therefore, those sources need a

different compliance deadline than what is currently specified in this paragraph

[(B)(7)(a)]. Paragraph (F)(5) in existing rule 3745-17-13 has been renumbered as

paragraph (D)(3) in proposed rule 3745-17-13; therefore, "(F)(5)" has been deleted

and replaced with "(D)(3)" in this paragraph.

(
( Page 3 Rule Number: 3745-17-04

(

Paragraph (B)(7)(b): References to paragraphs (B)(I) and (D)(1) in existing rule

3745-17-13 have been deleted because the sources addressed in those paragraphs

have been pennanently shut down and the associated requirements have been

deleted from proposed rule 3745-17-13. Reference to paragraph (G) in existing rule

3745-17-13 has been deleted because that paragraph has been deleted from

proposed rule 3745-17-13. Paragraph (C) in existing rule 3745-17-13 has been

renumbered as paragraph (B) in proposed rule 3745-17-13; therefore, "(C)" has

been deleted and replaced with "(B)" in this paragraph.

Paragraph (B)(7)(c): References to paragraphs (B)(3) and (D)(2) in existing rule

3745-17-13 have been deleted because the sources addressed in those paragraphs

have been pennanently shut down and the associated requirements have been

deleted from proposed rule 3745-17-13. References to paragraphs (D)(2), (D)(4)(d),

(D)(4)(e), (D)(5) and (D)(6) in proposed rule 3745-17-13 have been added to this

paragraph. The compliance deadline for the sources addressed in those paragraphs

has been specified as "not later than the effective date ofthis rule" in this

paragraph, and the existing date in this paragraph has been deleted. Even though the

requirements for the sources addressed in paragraphs (D)(2), (D)(4)(d), (D)(4)(e),

(D)(5) and (D)(6) in proposed rule 3745-17-13 are more stringent than the

requirements for those sources in existing rule 3745-17-13, the sources are

currently complying with the more stringent requirements and additional time,

beyond the effective date ofthis rule, is not necessary.

Paragraph (B)(7)(d): References to paragraphs (B)(2), (D)(3), (E)(I), (E)(2), (E)(4),

(E)(5), (F)(1)(b) to (F)(I)(e), and (F)(3) in existing rule 3745-17-13 have been

deleted because the sources addressed in those paragraphs have been pennanently

shut down and the associated requirements have been deleted from proposed rule

3745-17-13. Paragraphs (F)(6)(a) to (F)(6)(c) in existing rule 3745-17-13 have been

renumbered as paragraphs (D)(4)(a) to (D)(4)(c), respectively, in proposed rule

3745-17-13; therefore, "(F)(6)(a) to (F)(6)(c)" has been deleted and replaced with

"(D)(4)(a) to (D)(4)(c)" in this paragraph.

Paragraph (B)(7)(e): Paragraphs (E)(3) and (F)(2) in existing rule 3745-17-13 have

been renumbered as paragraphs (C) and (D)(1), respectively, in proposed rule

3745-17-13; therefore, "(E)(3) and (F)(2)" have been deleted and replaced with

"(C) and (D)(I)" in this 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 Ohio Administrative Code (OAC). Although
Page 4 Rule Number: 3745-17-04

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

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, plea~e state so:

Not Applicable.

12.119.032 Rule Review Date: 9/12/2007 and 02/01/2013

(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 /

decrease either revenues / 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

(

(
PageS

Not applicable.

Rule Number: 3745-17-04

(

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 specifies the deadlines by which affected sources must comply with the

emission limitations and control requirements contained in rules 3745-17-07

through 3745-17-13. There are no costs of compliance associated with this rule.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.
ACTION: Final

Page E-1

DATE: 01/22/2008 8:21 AM

Rule Number: 3745-17-04

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

12/06/05 and 6/29/06 e-mails from Duane Johnson (Ford Motor Company) to Jim

Orlemann (Ohio EPA)

6/20/07 e-mail from Bob Niemi (Ford Motor Company) to Jim Orlemann (Ohio

EPA)

[s~r{esheet: rulecnvironmenial.xsI2.15, authoring tool: i4i 2.01 May 21,2003, (d}!: 2, p: 30293, pa: 44096, ra: 144948. d: print date; 07/23/2008 11:36 Aiv1
Page E-2 Rule Number: 3745-17-04

\.

notes from a 4/20/04 meeting involving representatives from the

Wheeling-Pittsburgh Steel Corporation, the law fInn ofVorys, Sater, Seymour and

Pease, the Attorney General's OffIce, and the Ohio EPA

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(0) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(
ACTION: Final I DATE: 01/22/2008 8:21 AM I

( Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection A~ency

Agency Name

Division of Air Pollution Control IDAPC)

Division

50 West Town Street, Suite 700 PO Box 1049

Columbus OH 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-05

Rule Number

Rule Title/Tag Line

RESCISSION

TYPE of rule filing

Non-de~radation policy.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

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

This rule is being filed to fulfill the requirements ofORe 119.032 pertaining to

5-year rule reviews.

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:

This rule is being rescinded.

The rule consists of only one sentence, that reads as follows: "The significant and

[s~}'lesheet: rsfa.xsI2JJ6. authoring tool: EZI, p: 30293, pa: 44096. ra: 144947, d: 168464)J print date: 07/23/2008 11:37 A.M
Page 2 Rule Number: 3745-17-05

avoidable deterioration of air quality in any part ofthe area where presently

existing air quality is equal to or better than that required by rule 3745-17-02 ofthe

Administrative Code shall be prohibited."

The vagueness ofthe wording ofthis rule makes it difficult to implement and

enforce. In addition, there are extensive new source review requirements for major

sources that have been in place for years that accomplish the goal ofthis rule.

Therefore, the Agency has determined that this rule is no longer necessary and may

be deleted without any adverse effects on the State's air pollution control program.

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 a reference to the Ohio Administrative Code (OAC). Although

copies ofthis rule are generally available to the public through libraries and on-line

sources, including the Ohio EPA website, ORC 121.76(A) exempts such a

reference from the provisions ofORC 121.71 through 121.75.

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007

(If the rule is not exempt and you answered NO to question No.1, provide the

(

(
( Page 3 Rule Number: 3745-17-05

(

(

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 was originally promulgated in 1970. Since that time, it has not been used

by the Ohio EPA as the basis for requiring any facility to install additional control

equipment or control measures for emissions of particulate matter; and, as a result,

there has been no cost of compliance associated with the rule. Therefore, the

recision ofthis rule will neither increase nor lessen the cost of compliance with

Ohio EPA's rules.

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
Page 4 Rule Number: 3745-17-05

You must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.

(
/

ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-05

(

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

Not applicable. There were internal discussions concerning the need for this rule.

No relevant documentation was needed or used in determining the need for this

rule.

[s~rlesheet: ruleenvironmentaLxsI2.J5. mUhoring tool: i4i 2.01 .May 21,2003, (dv.' 5, p: 30293, pa: 44096, ra: 144947, d: print date: 07:'23/2008 11:37 .'\Jvl
Page E-2 Rule Number: 3745-17-05

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(0) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

(
ACTION: Final I DATE: 01/22/2008 8:21 AM I

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Aeency

Agency Name

Division of Air Pollution Control IDAPC)

Division

50 West Town Street. Suite 700 PO Box 1049

Columbus OH 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-07

Rule Number

Rule Title/Tag Line

AMENDMENT

TYPE of rule filing

Control of visible particulate emissions from stationary

sources.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

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

This rule is being filed to fulfill the requirements ofORe 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies the visible emission limitations for sources of particulate matter

[stylesheet: r,~fa,.\'sI2J)6, authoring tool: EZl, p: 30193. po: 44096, ra: 144952, £1: 16846~)J print date: 07/23/2008 11:37 AJ\Il
Page 2

emISSIons.

Rule Number: 3745-17-07

(

The following is a synopsis ofthe proposed changes to rule 3745-17-07 (minor

wording changes are not summarized in this synopsis):

Paragraph (not applicable): A "Comment" has been added at the beginning ofthis

rule to refer the reader to the "Incorporation by Reference" paragraph in OAC rule

3745-17-01 for the dates of non-regulatory government publications, publications

ofrecognized organizations and associations, etc. referenced in this rule.

Paragraph (A)(3)G)(new paragraph): This new paragraph has been added to define

the periods oftime during which the kilns operated by Martin Marietta Magnesia

Specialties, Inc., in Woodville, would be exempt from the 20% and 60% opacity

limitations specified in paragraph (A)(l). To claim the exemptions provided by this

paragraph, the company must maintain daily records that document the dates,

beginning times and ending times for the exempted operations.

For any kiln that is equipped with a baghouse, the start-up ofthe kiln is exempt

until the stone feed to the kiln begins. The purpose ofthis exemption is to prevent

blinding ofthe bags during the time period when the temperature ofthe exhaust

gases is not high enough to keep the water in a vapor state through the baghouse.

During this exemption period, the baghouse will be bypassed. Once the kiln has

reached a temperature that enables the processing ofstone, and the stone feed

begins, the start-up exemption ends and the baghouse must be employed.

For any kiln that is equipped with a baghouse, the shutdown ofthe kiln is exempt

after the temperature ofthe exhaust gases from the kiln drops below 250 degrees F

at the inlet to the baghouse. The purpose ofthis exemption is to prevent blinding of

the bags during the time period when the temperature ofthe exhaust gases is not

high enough to keep the water in a vapor state through the baghouse. Once the

temperature ofthe exhaust gases reaches 250 degrees F, the baghouse will be

bypassed until the kiln is completely shut down. During this exemption period,

there will be no solid fuel firing and no stone feed to the kiln.

For any kiln that is equipped with an ESP, the start-up ofthe kiln is exempt from

the time the stone feed to the kiln begins until a stable firing condition for the solid

fuel (coal or coke) is achieved, but not longer than six hours from the time firing

with the solid fuel begins. Incomplete combustion ofthe solid fuel during the

start-up period can cause high concentrations of combustibles within the exhaust

gases and create a potential safety hazard for the ESP. The purpose ofthis

exemption is to prevent an explosion within the ESP. During this exemption period,

the ESP will be bypassed. Once a stable firing condition is achieved or the 6-hour

time limit is reached, the start-up exemption ends and the ESP must be employed.

Company records indicate that most ofthe kiln start-ups are completed well within

a 6-hour time period, and it is in the company's best interests to minimize the length

of any start-up period.

(

(
( Page 3 Rule Number: 3745-17-07

(

(

To assist in implementing the above-mentioned exemptions, defmitions have been

provided in this paragraph for the terms "start-up" and "stable fIring condition."

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). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

This rule also contains references to Engineering Guides 13 and 15. These

Engineering Guides are available to the public through the Ohio EPA website.

Referenced materials are cited, dated, and their availability noted in the last

paragraph ofOAC rule 3745-17-01.

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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
Page 4 Rule Number: 3745-17-07

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 are no new costs of compliance associated with the proposed revisions ofthis

rule. With the proposed new exemptions, the requirements ofthe revised rule will

be less stringent than those ofthe existing rule.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe l2lst General Assembly.

(
ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-07

(

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

Letters and accompanying documentation submitted by Joe L. Green (Martin

Marietta Magnesia Specialties, LLC) on 10/14/05, 12/15/05,3/21/06,8/24/06, and

10/02/06 to Jim Orlemann (Ohio EPA)

[stylesheet: ruleclIvironmento/.xsI2.1.\ authoring tool: i4i 2.01 May 21,2003, (dll: 3. p: 30293, pa: 44096, ra: 144952. d: print date: 07/23.'2008 II:38 leyl
Page E-2 Rule Number: 3745-17-07

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

i

\
ACTION: Final DATE: 01/22/2008 8:21 AM

( Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection A2ency

Agency Name

Division of Air Pollution Control IDAPC)

Division

50 West Town Street, Suite 700 PO Box 1049

Columbus OH 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-08

Rule Number

Rule Title/Tag Line

AMENDMENT

TYPE of rule filing

Restriction of emission offulrttive dust.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

(

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

This rule is being filed to fulfill the requirements ofORC 119.032 pertaining to

5-year rule reviews.

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:

This rule prescribes the control requirements for sources that emit fugitive dust.

[s~rlesheet: rsfa,xsI2.06. aUI/wring tool: EZ1. p: 30]<Xr. pa: 44096, ra: 144951, d: 168468)J print date: 07/23/2008 I] :38 .'\1v1
Page 2 Rule Number: 3745-17-08

(

The following is a synopsis ofthe proposed changes to rule 3745-17-08 (minor

wording changes are not summarized in this synopsis):

Paragraph (not applicable): A "Comment" has been added at the beginning ofthis

rule to refer the reader to the "Incorporation by Reference" paragraph in OAC rule

3745-17-01 for the dates of non-regulatory government publications, publications

ofrecognized organizations and associations, etc. referenced in this rule.

Paragraph (A)(3)(b): Because the blast furnace and the basic oxygen furnaces at the

AK Steel Corporation, Middletown Works, are no longer eligible for the

exemptions from the requirement to employ reasonably available control measures,

the wording ofthis paragraph has been deleted and replaced with the word

"Reserved." The paragraph number has been reserved to eliminate the need to

renumber subsequent paragraphs in paragraph (A)(3).

Several years ago, the Director made a determination that the fugitive dust

emissions from these sources were causing a public nuisance, in violation of OAC

rule 3745-15-07. This determination led to an enforcement case that was resolved

through the entry of a Consent Order in the Butler County Court ofCommon Pleas

on March 31,2004.

The Consent Order required the installation of adequate controls for these sources

in accordance with a specific time schedule. The Consent Order also states the

following: "The exemption set forth in Ohio Adm. Code 3745-17-08(A)(3)(b)(i)

shall expire on the date set forth in the DATE2 column of Section (e) ofParagraph

10 and the exemption set forth in Ohio Adm. Code 3745-17-08(A)(3)(b)(ii) and (iii)

shall expire on the date set forth in Section (h) of Paragraph 11." The date set forth

in the DATE2 column of Section (e) for the blast furnace and the date set forth in

Section (h) of Paragraph 11 for the basic oxygen furnaces are the same - May 22,

2006.

Now that the expiration date for the exemptions has passed, the exemptions may be

deleted from the rule. The company has agreed within the Consent Order not to

challenge such a rule revision when promulgated by the Agency.

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). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

( .
( Page 3 Rule Number: 3745-17-08

(

(

Appendix B ofthis rule also contains a reference to USEPA's document entitled

"Control ofOpen Fugitive Dust Sources" (EPA-450/3-88-008). Copies ofthis

document may be obtained by writing to or calling USEPA's Office ofAir Quality

Planning and Standards in Research Triangle Park, NC. The address and phone

number are provided in OAC rule 3745-17-01.

All referenced materials are cited, dated, and their availability noted in the last

paragraph ofOAC rule 3745-17-01.

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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
Page 4

budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not applicable.

Rule Number: 3745-17-08

(

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 are no new costs of compliance associated with the proposed revisions ofthis

rule. The proposed revisions do not establish any additional control requirements

for the AK Steel Corporation.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.

(
(

'.

ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-08

(

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

Consent Order and Final Judgment Entry for "State ofOhio ex reI. Jim Petro,

Attorney General of Ohio vs. AK Steel Corporation," filed 3/31/07 in the Butler

County Court ofCommon Pleas

[s~flesheet: ru1eenvironmenfal.xsJ 2.15, authoring tool: i4i 2.01 /l-Jay 21,2003. (dv: 5, p: 30293, pa: 44096, m: 144951. d: print date; 07/23/2008 II :38 fu\tl
Page E-2 Rule Number: 3745-17-08

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

(
ACTION: Final I DATE: 01/22/2008 8:21 AM I

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 OR 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-09

Rule Number

Rule TitlefTag Line

AMENDMENT

TYPE of rule filing

Restrictions on particulate emissions and odors from

incinerators.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

(

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

This rule is being filed to fulfill the requirements ofORC 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies the allowable particulate emission rates for incinerators.

[s~rleshe(!t: rsfa.xs/2.fJ6, authoring tool: EZl, p: 30293. pa: 44096, ra: 144959, d: 168476)} print date: 07/23;2008 11 :39 A.M
Page 2 Rule Number: 3745-17-09

The only changes to this rule involve corrections to the citations, at the end ofthe

rule, ofthe amplifying and authorizing statutes.

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 a reference to the Ohio Administrative Code (OAC). Although

copies ofthese rules are generally available to the publ1c through libraries and

on-line sources, including the Ohio EPA website, ORC l21.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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.

(

/
( Page 3

FISCAL ANALYSIS

Rule Number: 3745-17-09

(

(

"

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:

No significant revisions are being made to this rule; therefore, there are no new

costs of compliance associated with the proposed revisions ofthis rule.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption/Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.
(

ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-09

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

Not applicable.

After internal discussions, it was determined that there is a need for the rule;

however, the only revisions that were necessary pertain to the authorization and

amplification citations at the end ofthe rule.

[str1esheet: ruleenvironmental.xsI2.15, authoring tool: i4i 2.01 .May 21, ]003, (tiv: 3, p: 30293. pa: 44096, l'(J; 14495.9. d: print date: 07/23/2008 11 :45 AM
Page E-2 Rule Number: 3745-17-09

(

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(0) If this is a rule amendment that is being adopted under a state statute that

establishes standardswith which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

(
ACTION: Final I DATE: 01/22/2008 8:21 AM I

( Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection A2ency

Agency Name

Division of Air Pollution Control IDAPC)

Division

50 West Town Street. Suite 700 PO Box 1049

Columbus OR 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-10

Rule Number

Rule TitlefTag Line

AMENDMENT

TYPE of rule filing

Restrictions on particulate emissions from fuel burnin2

equipment.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

(

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

This rule is being filed to fulfill the requirements ofORe 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies the allowable particulate emission rates for fuel burning

[s~rlesheet: rsfh..'Is12.06, authoring tool: EZI, p: 30293. po: 44096, ra: 144950. d: 168467)] print date: 07;23/2008 11 :46 ~A...tv1
Page 2 Rule Number: 3745-17-10

equipment.

Except for some typo corrections and very minor wording changes, the changes to

this rule only involve corrections to the citations, at the end ofthe rule, ofthe

amplifying and authorizing statutes.

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). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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

(

\

(
( Page 3 Rule Number: 3745-17-10

\.

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:

No significant changes are being made to this rule; therefore, there are no new costs

of compliance associated with the proposed revisions ofthis rule.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.
(

ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-10

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

Not applicable..

After internal discussions, it was determined that there is a need for the rule;

however, except for some typo corrections and very minor wording changes, the

only revisions that were necessary pertain to the authorization and amplification

[s~rlesheet: ruleellvironl1lental.xsl 2.15. mlthor;ng tool: i4i 2.01 May 21,2003, (dv: 7, p: 30293. pa: 44096,. ra: Jtl-4950, d: print date: 07:'23:'2008 11:46 ~"'....t\1
Page E-2

citations at the end ofthe rule.

Rule Number: 3745-17-10

(

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

(
ACTION: Final I DATE: 0112212008 8:21 AM I

( 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)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-11

Rule Number

Rule Title/Tag Line

AMENDMENT

TYPE of rule filing

Restrictions on particulate emissions from industrial processes.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A),3704.03(E)

(

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

This rule is being filed to fulfill the requirements ofORe 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies the allowable particulate emission limitations for industrial

processes.

[strlesheet: r,~fa..\'S1 2.06, author;ng tool: EZl, p: 30293, pa: 44096. ra: 144958, 1.1: 168475)J print date: 07/23/200811:46 }'ojvl
Page 2 Rule Number: 3745-17-11 (

The following is a synopsis ofthe proposed changes to rule 3745-17-11 (minor

wording changes are not summarized in this synopsis):

Paragraph (A)(l)(h)(new paragraph): A new paragraph has been added to the rule

to exclude from the requirements ofrule 3745-17-11 surface coating processes that

apply only dip coatings, roll coatings, flow coatings or brush coatings. Because

these surface coating operations have no coating overspray, the quantity of

particulate emissions from these operations is insignificant, and the regulation of

those emissions is unnecessary.

Paragraph (A)(l)(i)(new paragraph): A new paragraph has been added to the rule to

exclude from the requirements ofrule 3745-17-11 surface coating processes that

employ less than five gallons of coatings per day, provided the owner or operator

maintains records that clearly demonstrate the actual coating usage is less than five

gallons per day. The amount of overspray and, hence, the quantity ofparticulate

emissions that could result from this level of coatings usage are considered to be

negligible. Work practice and/or control equipment requirements for such small

coating operations would be unreasonable.

Paragraph (A)(l)G)(new paragraph): A new paragraph has been added to the rule to

exclude from the requirements ofrule 3745-17-11 surface coating processes that

employ airless spray and bead-type applications. Sealers, adhesives and deadeners

are examples ofthe types of coatings that would be used in these applications. The

amount ofoverspray and, hence, the quantity ofparticulate emissions that could

result from the airless spray application method are considered to be negligible.

Also, the bead-type or extrusion application method has no coating overspray, and

the quantity ofparticulate emissions from this method is insignificant. Therefore, it

is unnecessary to regulate these types ofsurface coating processes.

Paragraph (A)(l)(k)(new paragraph): A new paragraph has been added to the rule

to exclude from the requirements ofrule 3745-17-11 surface coating processes that

employ hand-held cup spray guns. The amount of overspray and, hence, the

quantity ofparticulate emissions that could result from these application methods

are considered to be negligible. Work practice and/or control equipment

requirements for such small coating operations would be unreasonable.

Paragraph (A)(l)(l)(new paragraph): A new paragraph has been added to the rule to

exclude from the requirements ofrule 3745-17-11 surface coating processes for

which the owner or operator demonstrates to the satisfaction ofthe Director that,

due to the large size ofthe item(s) being coated, it is technically infeasible and/or

economically unreasonable to employ an enclosure (or hooding) and control device

for the control ofthe particulate emissions. Economic reasonableness would be

based upon the cost-effectiveness ofthe enclosure (hooding) and control device.

Although this situation would be rare, an exemption is needed to address such a

surface coating process.

(

(
( Page 3 Rule Number: 3745-17-11

(

(

Paragraph (A)(l)(m)(new paragraph): A new paragraph has been added to the rule

to exempt jet engine test cells and stands from the requirements ofthis rule. Most

ofthe jet engine test cells and stands have low particulate emission rates (1ess than

10 lbs/hour), and it is not reasonable, from an economic standpoint, to install

add-on, particulate emission controls for these sources. This conclusion is

consistent with the USEPA's Maximum Acheivable Control Technology (MACT)

standards for engine test cells/stands (40 CFR Part 63, Subpart PPPPP). In those

standards, which became effective on May 27,2003, USEPA concluded that it is

not economically reasonable to install add-on controls for HAP emissions from any

existing engine test cells/stands. New engine test cells/stands may need to install

controls to comply with the MACT standards. These controls would be for HAP

emissions such as toluene, benzene, mixed xylenes, and 1,3-butadiene, but not for

particulate emissions.

Paragraph (A)(2)(introductory portion): New paragraph (C) has been added to the

fIrst sentence of paragraph (A)(2). Sources subject to the requirements of paragraph

(C) are not subject to Figure II or Table I.

Paragraph (B)(I): New paragraph (C) has been added to the beginning ofparagraph

(B)(l). Sources subject to the requirements ofparagraph (C) are not subject to

Figure II or Table 1.

Paragraph (C)(I)(new paragraph): This new paragraph establishes the control

requirements for surface coating processes that are not exempted pursuant to

paragraphs (A)(l)(h) through (1). The particulate emissions from any surface

coating process that is not exempted must be controlled by means of a particulate

fIlter, waterwash or equivalent control device. These types of control equipment

and the work practices specifIed in paragraph (B)(2) constitute reasonably available

control technology (RACT) for the particulate emissions from surface coating

processes and are representative of current industry practice. These new RACT

requirements take the place of any emission limitation for a surface coating process

derived from Figure II or Table I ofthis rule.

Paragraph (C)(2)(new paragraph): This new paragraph establishes the work practice

requirements for surface coating processes that are not exempted pursuant to

paragraphs (A)(l)(h) through (1). These work practices are an integral part ofthe

defInition ofRACT for the particulate emissions from surface coating processes.

Paragraph (C)(2)(a) requires the owner or operator to maintain documentation of

the manufacturer's recommendations, instructions or operating manuals for the

control equipment. Paragraph (C)(2)(b) requires the owner or operator to operate

the control equipment in accordance with the manufacturer's recommendations,

instructions or operating manuals; however, modifIcations may be made to the

manufacturer's operating procedures ifthe modifIcations are deemed necessary by

the owner or operator ofthe surface coating process. Paragraph (C)(2)(c) requires

the owner or operator to perform periodic inspections ofthe control equipment

while it is in operation. These periodic inspections must be performed at a
Page 4 Rule Number: 3745-17-11

(

frequency that is based upon the recommendation ofthe manufacturer ofthe

control device, and the owner or operator must maintain a copy ofthe

manufacturer's recommended inspection frequency. Also, at least once each

calendar year, the owner or operator must perform a comprehensive inspection of

the control equipment while it is shut down and perform any needed maintenance

and repair work. The purpose ofthese inspections is to ensure that the control

equipment will operate in accordance with the manufacturer's recommendations,

instructions, or operating manuals. Paragraph (C)(2)(d) requires the owner or

operator to document all inspections ofthe control equipment. The documentation

must include the following information for each inspection: the date ofthe

inspection; a description of each problem identified and the date it was corrected; a

description ofthe maintenance and repairs performed; and the name ofthe person

who performed the inspection. Paragraph (C)(2)(e) requires the owner or operator

to expeditiously take corrective action ifthe control equipment is found to be not

operating in accordance with the manufacturer's recommendations, instructions or

operating manuals. The owner or operator also must maintain records ofthe time

periods when the control equipment is not operating properly. Paragraph (C)(2)(f)

requires the owner or operator to maintain the records ofthe control equipment

inspections and any corrective actions taken for a period of 5 years. Paragraph

(C)(2)(g) requires all the records required by paragraph (C)(2) to be maintained by

the owner or operator at the facility, and they must be made available to Ohio EPA

personnel upon request.

Paragraph (C)(3)(new paragraph): This new paragraph has been added to exempt

certain new surface coating processes from the RACT requirements contained in

paragraphs (C)(l) and (C)(2). Specifically, this exemption applies to any new

surface coating process that, after January 1, 1990, was issued a PTI containing

particulate emission limitations and control measures based upon best available

technology (BAT), best available control technology (BACT), or lowest achievable

emission rate (LAER). In such cases, rather than complying with the RACT

requirements in paragraphs (C)(l) and (C)(2), the surface coating process must

comply with the emission limitations and control measures specified in the PTI

because those PTI requirements are equivalent to or more stringent that the RACT

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 121.74 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). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

(

(
( PageS Rule Number: 3745-17-11

(

references from the provisions ofORe 121.71 through 121.75.

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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 S years from the effective date

for Amended rules or a date not to exceed S 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.
Page 6 Rule Number: 3745-17-11

(

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:

The proposed revisions ofthis rule establish control requirements for surface

coating processes that are equal to or less stringent than the existing requirements

ofthis rule; therefore, there are no new costs of compliance associated with the

proposed revisions ofthis rule.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption/Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.

(

(
ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-11

(

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

Rule 326 lAC 6-3-2(d)(l)-(4) ofthe Indiana Administrative Code

6/14/04 e-mail from Jack A. Van Kley (law fIrm ofJones Day) to Margaret Malone

(Attorney General's OffIce)

[s~rlesheet: ruleenvironmental.xsI2.15, authoring tool: i4i 2.01 May 21,2003, (dv: 3, p: 30293. pa: 44096, ra: 144958, d: print date: 07/23i2008 11:47 ~-\.ivl
Page E-2 Rule Number: 3745-17-11

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

(
ACTION: Final I DATE: 01/22/2008 8:21 AM I

( 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 OB 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-12

Rule Number

Rule TitlelTag Line

AMENDMENT

TYPE of rule filing

Additional restrictions on particulate emissions from specific

air contaminant sources in Cuyahoga county.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

(

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

This rule is being filed to fulfill the requirements ofORe 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies additional particulate emission limitations for air contaminant

[s~}'lesheet; rsfa.xsI2.06, author;ng fool: EZl, p: 30193. pa: 44096, ra: 144957. d: 168474-)] print date; 07:'23/2008 11 :47 A..1\1
Page 2 Rule Number: 3745-17-12

(

sources located in Cuyahoga County. These additional limitations were necessary

to achieve the National Ambient Air Quality Standards for PMlO.

The following is a synopsis ofthe proposed changes to rule 3745-17-12 (minor

wording changes are not summarized in this synopsis):

Paragraph (not applicable): A "Comment" has been added at the beginning ofthis

rule to refer the reader to the "Incorporation by Reference" paragraph in OAC rule

3745-17-01 for the dates of non-regulatory government publications, publications

ofrecognized organizations and associations, etc. referenced in this rule.

Paragraph (1)(4)(introductory portion): Reference to "the mold spray mixing

station," P083, has been deleted because the emissions unit has been removed.

Also, with the deletion of paragraph (4)(b), paragraph (4)(a) has been deleted and

the wording in existing paragraph (4)(a) has been incorporated into the introductory

portion ofthe paragraph.

Paragraph (1)(4)(a): With the deletion of paragraph (4)(b), paragraph (4)(a) also has

been deleted and the wording in existing paragraph (4)(a) has been incorporated

into the introductory portion ofparagraph (4).

Paragraph (1)(4)(b): The knockout house wet collector No.5 is no longer in

operation. The majority ofthe emissions from F024, P09l, and P092 are now

controlled by six ofthe remaining knockout house wet collectors. (Portions ofthe

emissions from F024, P09l, and P092 are now controlled by the A unit baghouse.)

Therefore, paragraph (4)(b) has been deleted.

Paragraph (1)(5): P140 has been deleted and replaced with P160. As part of a PTI

revision, P140, which included the mold line No.2 holding furnace, iron transfer,

and slag station, was modified; and those same 3 operations becameP160, P16l,

and P162. Only the mold line No.2 holding furnace, P160, is referenced in this

paragraph. The following wording has been added to this paragraph: "Alternatively,

the number 3 electric induction holding furnace (F025) and the mold line number 2

holding furnace (P160) currently vented to D unit baghouse may be vented to the

AAF unit baghouse; and in such case, the emissions from the AAF unit baghouse

shall not exceed 0.005 grain per actual cubic foot of exhaust gases." In complying

with the MACT requirements, the Company replaced 2 existing cupolas with new

cupolas. Ifthe cupola replacement project is completed, F025 and P160 will be

vented to the AAF unit baghouse rather than to the D unit baghouse. The allowable

particulate emission rate for these emissions units will not change.

Paragraph (1)(6): P026 is incorrectly described as an electric arc holding furnace;

however, it is an induction holding furnace. The wording has been changed to make

this correction. The following wording has been added to this paragraph:

"Alternatively, the induction holding furnace number 2 (P026) may be vented to the

D unit baghouse; and in such case, the emissions from the D unit baghouse shall

not exceed 0.005 grain per actual cubic foot of exhaust gases." In complying with

(

(
( Page 3 Rule Number: 3745-17-12

(

(

the MACT requirements, the Company replaced 2 existing cupolas with new

cupolas. Ifthe cupola replacement project is completed, P026 will be vented to the

D unit baghouse. The allowable particulate emission rate for this emissions unit

will not change.

Paragraph (I)(7)(introductory portion): References to P030, P031, P034, P044, and

P045 have been deleted because these emissions unit have been permanently shut

down. F024, P091, and pon have been added to the list of affected emissions units

because portions oftheir emissions are now vented to the A unit baghouse. The

majority ofthe emissions from these emissions units is regulated under paragraph

(1)(4).

Paragraph (1)(7)(a): References to P030 and P031 have been deleted because these

emissions units have been permanently shut down. Also, P041 has been removed

from this paragraph because all the emissions from this emissions unit are now

vented to the C unit baghouse. F024, P091, and pon have been added to the list of

emissions units controlled by the A unit baghouse because, as mentioned in the

previous section, a portion ofthe emissions from F024, P091, and P092 are now

vented to that control device. The allowable emission rate for the A unit baghouse

has been changed from 0.011 grain per actual cubic foot of exhaust gases to 0.010

grain per actual cubic foot of exhaust gases to be consistent with the allowable

emission rate in paragraph (1)(4) for the majority ofthe emissions from F024, P091,

andP092.

Paragraph (I)(7)(c): References to P030, P031 and P034 have been deleted because

these emissions units have been removed. P908 has been added to this paragraph

because the emissions from P908 that were previously vented to the pulse flow

baghouse (No. 94) have been rerouted to the C unit baghouse mentioned in this

paragraph. Also, P041 has been added to this paragraph because all the emissions

from this emissions unit are now vented to the C unit baghouse rather than the A

unit baghouse.

Paragraph (1)(7)(d): The Pangborn baghouse serving P028 has been removed;

therefore, this paragraph has been deleted. All the emissions from P028 are vented

to the A unit and B unit baghouses, which have lower allowable emission rates than

the Pangborn baghouse.

Paragraph (1)(7)(e): The pulse flow baghouse serving P411 and P908 has been

removed; therefore, this paragraph has been deleted. All the emissions from P411

are vented to the A unit baghouse, and all the emissions from P908 are vented to

the A unit and C unit baghouses. The allowable emission rate for the A unit

baghouse is equal to the allowable emission rate for the pulse flow baghouse

(O.Ollgr/acf). The allowable emission rate for the C unit baghouse is slightly higher

than the allowable emission rate for the pulse flow baghouse (0.014 vs. 0.011

gr/acf).
Page 4 Rule Number: 3745-17-12

Paragraph (I)(7)(f): All ofthe emissions from P908 that were vented to the cleaning

room wet collector have been vented to the A unit baghouse. This paragraph is no

longer needed; therefore, it has been deleted.

Paragraph (I)(7)(g): This paragraph has been deleted because P043 and P044 have

been permanently shut down.

Paragraph (I)(7)(h): This paragraph has been deleted because P045 has been

permanently shut down.

Paragraphs (I)(8)(a) through (I)(8)(f): These paragraphs have been deleted because

all ofthese core machines have been removed.

Paragraph (I)(8)(g): This paragraph, which will become (I)(8)(a), has been changed

to indicate that there are only 17 core machines in the No. 10 core line.

Paragraph (I)(8)(h): This paragraph, which will become (I)(8)(b), has been changed

to indicate that there are only 7 core machines in the No. 11 core line.

Paragraph (I)(8)(i): This paragraph has been deleted because all ofthese core

machines have been removed.

Paragraph (I)(9): References to P097, P380, P381, and P388 have been deleted

because these emissions units have been removed. P419 has been added to this

paragraph because this paragraph refers to the external desulfurization process.

P419 covers the operation ofthe external desulfurization process associated with

both cupolas 1 and 7. Also, the wording "associated with cupolas 1 and 7" has been

added after "external desulfurization" for purposes of clarification.

(I)(10) The description of holding furnace No.1 has been changed from an electric

arc holding furnace to an induction holding furnace. Reference to P410 has been

deleted because this emissions unit has been removed. The following wording has

been added to this paragraph: "Alternatively, the induction holding furnace No.1

(P099) currently vented to AAF unit baghouse may be vented to the D unit

baghouse; and in such case, the emissions from the D unit baghouse shall not

exceed 0.005 grain per actual cubic foot of exhaust gases." In complying with the

MACT requirements, the Company replaced 2 existing cupolas with new cupolas.

Ifthe cupola replacement project is completed, P099 will be vented to the D unit

baghouse. The allowable emission rate for the D unit baghouse is slightly higher

than the allowable emission rate for the AAF unit baghouse (0.0055 vs. 0.0050

gr/acf).

Paragraph (I)(13): The current description ofP114 as a shakeout is incorrect. The

description has been changed to "No. 1 ML cope and drag punch-up."

Paragraph (I)(15): P175 has been removed; therefore, the wording ofthis paragraph

has been deleted and replaced with the word "Reserved." The paragraph number

(

(
( Page 5 Rule Number: 3745-17-12

(

(

has been reserved to eliminate the need to renumber subsequent paragraphs in

paragraph (1).

Paragraph (1)(16): Reference to Pl43 has been deleted because this emissions unit

has been removed.

Paragraph (1)(18): Pl43 has been removed; therefore, the wording ofthis paragraph

has been deleted and replaced with the word "Reserved." The paragraph number

has been reserved to eliminate the need to renumber subsequent paragraphs in

paragraph (1).

Paragraph (1)(21): Pl48(mold conveyor) has been added to this paragraph because

it is one ofthe mold line 2 sources that must comply with the combined allowable

emission rate of 13.2 pounds per hour. The word "casting" has been added before

the word "shakeout" to more clearly describe P149, and the word "muller" has been

replaced with the word "preparation" to be consistent with the description of PI58

in the Company's Title V permit.

Paragraph (1)(23): The current description ofPI59 as "casting cleaning" is

incorrect. The description has been changed to "casting cooling."

Paragraph (1)(26): The description ofPl85 has been changed from "shakeout" to

"casting shakeout" to more accurately describe the emissions unit. Also, the

existing wording ofthis paragraph omitted a description for P188. "Sprue removal"

has been added as the description for P188.

Paragraph (1)(30): The wording "castings cooler" has been replaced with "casting

cooling" to be consistent with the description of P300 in the Company's Title V

permit.

Paragraphs (1)(31) through (1)(37): Mold lines No.8 and No.1 0, and all their

associated equipment, have been removed; therefore, the wording of each ofthese

paragraphs has been deleted and replaced with the word "Reserved." Each

paragraph number has been reserved to eliminate the need to renumber subsequent

paragraphs in paragraph (1).

Paragraph (1)(40)(b): The current wording ofthis paragraph requires the tapping

emissions from P903, which were uncontrolled, to be vented to stack E-25 and the

allowable emission rate is specified as 1.5 pounds per hour. These emissions are

now vented to the D unit baghouse, with an allowable emission rate of 0.0055

gr/acf, and the wording ofthis paragraph has been changed accordingly.

Paragraphs (1)(41) and (1)(42): Cupola 4 and cupola 5 have been permanently shut

down; therefore, the wording of each ofthese paragraphs has been deleted and

replaced with the word "Reserved." Each paragraph number has been reserved to

eliminate the need to renumber subsequent paragraphs in paragraph (1).
Page 6 Rule Number: 3745-17-12

Paragraph (I)(43)(b): In complying with the MACT requirements, the company

rerouted the emissions from the tapping operations associated with P907 from stack

C-23 to stack B-53. This paragraph has been changed to reflect this change in

stacks.

Paragraph (1)(44): P909 has been permanently shut down; therefore, the wording of

this paragraph has been deleted and replaced with the word "Reserved." The

paragraph number has been reserved to eliminate the need to renumber subsequent

paragraphs in paragraph (I).

Paragraph (1)(45): The description ofP9l2 has been changed from "sand milling

operation" to "sand mullors/sand handling system" to more accurately describe the

emissions unit. Also, the references to core room wet collectors 1 and 3 have been

deleted because these scrubbers have been permanently shut down.

Paragraph (1)(47)(a): P030, P03l and P034 have been deleted from this paragraph

because the emissions units have been removed. Also, as a result ofthe permanent

shutdown ofP045, paragraphs (a)(i) and (a)(ii) have been deleted, and the 71.4

hours limitation from paragraph (a)(ii) has been moved into the introductory

portion of paragraph (47)(a).

Paragraph (I)(47)(b): Most ofthe core machines associated with P053, P064, P066,

P067, P094, P095, P104 and Pl07 have been removed. Only 25 core machines

remain. P045 has been permanently shut down, causing the 653.4 hours limitation

to be applicable; however, with only 25 core machines, the maximum number of

operating hours possible is 600 hours (24 hours/day x 25 machines = 600

hours/day). Because 600 hours are less than 653.4 hours, there is no need for

paragraph (47)(b); therefore, it has been deleted and replaced with the word

"Reserved." The paragraph number has been reserved to eliminate the need to

renumber subsequent paragraphs in paragraph (1)(47).

Paragraph (1)(47)(c): References to P904 and P905 (cupolas 4 and 5) have been

deleted because these emissions units have been permanently shut down.

Paragraph (I)(47)(d): Reference to mold line 10 has been deleted because this

emissions unit has been permanently shut down.

Paragraph (I)(47)(e): The records retention time period has been changed from 3

years to 5 years to be consistent with the Title V permit rules.

Paragraph (1)(48): Reference to P170 has been deleted because this emissions unit

has been permanently shut down. Reference to "the tapping operations associated

with P901 and P902" has been added to this paragraph because those operations are

also vented to stack G-36. The following wording has been added to this paragraph:

"Alternatively, the number 2 mold line iron pouring (PI41) and the number 3 mold

line iron pouring (PI71) currently vented to stack G-36 may be vented to the G unit

baghouse; and in such case, the emissions from the G unit baghouse shall not

(

(
( Page 7 Rule Number: 3745-17-12

(

(

exceed 0.005 grain per actual cubic foot of exhaust gases." In complying with the

MACT requirements, the Company replaced 2 existing cupolas with new cupolas.

Ifthe cupola replacement project is completed, Pl41 and P171 will be vented to the

G unit baghouse.

Paragraph (1)(49): Number 7 core line (P106) has been permanently shut down;

therefore, the wording ofthis paragraph has been deleted and replaced with the

word "Reserved." The paragraph number has been reserved to eliminate the need to

renumber subsequent paragraphs in paragraph (I).

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). Although copies ofthese rules and statute 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

regulations are generally available through libraries and the Ohio EPA and USEPA

websites. CFR references also have been dated to identify the specific versions of

the regulations being cited. ORC 121.75(D) exempts such references from the

requirements ofORC 121.71 through 121.74.

Referenced materials are cited, dated, and their availability noted in the last

paragraph ofthis rule.

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 rescinde~ 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 8 Rule Number: 3745-17-12

(

11. If revising or refiling this rule, identify changes made from the previously

filed version of this rule; if none, please state so:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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:

Some ofthe proposed revisions for the Ford Motor Company involve emission

limitations and control requirements that are currently being met by the company.

Other proposed revisions simply reflect the permanent shutdown or removal of

certain air contaminant sources by the Company. Therefore, there are no new costs

of compliance associated with the proposed revisions ofthis rule.

(

(
Page 9 Rule Number: 3745-17-12

(

(

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe l2lst General Assembly.
(

ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-12

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

12/06/05 and 6/29/06 e-mails from Duane Johnson (Ford Motor Company) to Jim

Orlemann (Ohio EPA)

6/20/07 e-mail from Bob Niemi (Ford Motor Company) to Jim Orlemann (Ohio

EPA)

[s~rlesheet: rulecllviro/1/uenta/.xsI2.15, aUlhor;ng tool: i4i 2.01 :tlay 21, 2003, (dv: 4, p: 30293, pa.< 44096, m: 144957, d: print date: 07/23/2008 11:47 J\.i'vl
Page E-2 Rule Number: 3745-17-12 (

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(0) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(
ACTION: Final I DATE: 01/22/2008 8:21 AM I

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection A~ency

Agency Name

Division of Air Pollution Control (DAPC)

Division

50 West Town Street, Suite 700 PO Box 1049

Columbus OM 43216-1049

Agency Mailing Address (Plus Zip)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-13

Rule Number

Rule TitlefTag Line

AMENDMENT

TYPE of rule filing

Additional restrictions on particulate emissions from specific

air contaminant sources in Jefferson county.

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A),3704.03(E)

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

This rule is being filed to fulfill the requirements of 0 RC 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies additional particulate emission limitations for air contaminant

[s~rlesheet: rsfa.xsI2.06, aUlhoringtoo!: E21, p: 30193. pa: 44096, fa: 144956, d: 168473)] print date: 07/23/2008 11:47 AM
Page 2 Rule Number: 3745-17-13

sources located in Jefferson County. These additional limitations were necessary to

achieve the National Ambient Air Quality Standards for PMlO.

The following is a synopsis ofthe proposed changes to rule 3745-17-13 (minor

wording changes are not summarized in this synopsis):

Paragraph (not applicable): A "Comment" has been added at the beginning ofthis

rule to refer the reader to the "Incorporation by Reference" paragraph in OAC rule

3745-17-01 for the dates ofnon-regulatory government publications, publications

ofrecognized organizations and associations, etc. referenced in this rule.

Paragraph (B): This paragraph has been deleted because International Mill Service,

Incorporated has been permanently shut down.

Paragraph (D): This paragraph has been deleted because Standard Slag Company

has been permanently shut down.

Paragraph (E)(introductory portion): The OEPA premise number for the facility has

been corrected and, with the deletion of paragraph (E)(3), the wording ofthis

paragraph has been changed to require the company to comply with the work

practice plan for FlO1.

Paragraph (E)(l): This paragraph has been deleted because B003 through B008

have been permanently shut down.

Paragraph (E)(2): This paragraph has been deleted because B051 has been

permanently shut down.

Paragraph (E)(3): This paragraph has been deleted, and the requirement for F101 to

comply with the work practice plan has been incorporated into the introductory

portion of paragraph (E).

Paragraph (E)(4): This paragraph has been deleted because sinter is no longer used

in F004.

Paragraph (E)(5): This paragraph has been deleted because P901 and P902 have

been permanently shut down.

Paragraph (F)(introductory portion): The OEPA premise number for the facility has

been corrected.

Paragraph (F)(l): This paragraph has been deleted because B001 through B012

have been permanently shut down.

Paragraph (F)(3): This paragraph has been deleted because F003 has been

permanently shut down.

Paragraph (F)(4): The allowable emission rate has been reduced from 5.5 lbs/hr to
( Page 3 Rule Number: 3745-17-13

(

(

3.5 lbslhr. The more stringent allowable emission rate is based upon the results of

recent emission tests performed for the baghouse.

Paragraph (F)(6)(introductory portion): The wording has been changed to delete the

reference to P901. This emissions unit has been permanently shut down.

Paragraph (F)(6)(introductory portion) and (F)(6)(a): The visible emission

limitations in paragraphs (a)(i) through (a)(iv) have been deleted, and the

introductory portion ofparagraph (a) has been changed to specify the new visible

emission limitation for the blast furnace casthouses. The new limitation, 15%

opacity as a 6-minute average, is applicable to any visible emissions offugitive

dust from the casthouses and is equivalent to the visible emission limitation

specified in the PTI for the new casthouse.

Paragraph (F)(6)(b): The allowable emission limitation for the baghouse serving the

casthouses has been increased from .31 lblhr to 2.52 lbslhr. The new allowable

emission rate corresponds to the allowable emission rate specified for the baghouse

in the PTI that was issued for the rebuild ofthe blast furnace.

Paragraph (F)(6)(c): The allowable emission limitation for the flare serving the

clean gas bleeders has been increased from .48 lblhr to 1.63 lbslhr. The new

allowable emission rate corresponds to the allowable emission rate specified for the

flare in the PTI that was issued for the rebuild ofthe blast furnace.

Paragraph (F)(6)(d): P901 has been deleted from this paragraph because it has been

permanently shut down. The allowable emission limitation for the stove stacks

serving P903 has been reduced from 3.5 lbslhr to 2.95lbslhr. The new allowable

emission rate corresponds to the allowable emission rate specified for the stove

stacks in the PTI that was issued for the rebuild ofthe blast furnace.

Paragraph (F)(6)(e): This paragraph has been changed to refer to only one blast

furnace because one ofthe blast furnaces has been permanently shut down. In

addition, the allowable maximum daily production rate for the remaining blast

furnace has been reduced from 5,000 net tons ofmetal/day to 4,000 net tons of

metal/day to be consistent with the maximum daily production rate specified in the

PTI that was issued for the rebuild ofthe blast furnace.

Paragraph (F)(7): The allowable emission rate has been reduced from 21.48lbslhr

to 8.86 lbslhr. The more stringent allowable emission rate is based upon the results

ofrecent emission tests performed for the scrubbers serving the BOFs.

Paragraph (F)(8): The allowable emission rate has been reduced from 5.0 lbslhr to

3.71lbslhr. The more stringent allowable emission rate is based upon the results of

recent emission tests performed for the baghouse serving the desulfurization

station.

Paragraph (G): This paragraph has been deleted because it is not necessary. All
Page 4 Rule Number: 3745-17-13

unpaved roadways must be controlled pursuant to the work practice plan referenced

in this rule and included as an appendix. .

A.l ofthe Appendix (work practice plan): The allowable PMlO emission limitation

for roadways and parking areas at the Steubenville facility, that must be achieved

through the implementation ofthe work practice plan, has been increased slightly

from 1.35 lbs/hr to 1.721bs/hr. This change reflects modifications ofthe traffic

patterns and vehicle-type distribution at the facility.

A.2 ofthe Appendix (work practice plan): The allowable PMI0 emission limitation

for roadways and parking areas at the Mingo Junction facility, that must be

achieved through the implementation ofthe work practice plan, has been increased

from 4.911bs/hr to 7.67 lbs/hr. This change reflects modifications ofthe traffic

patterns and vehicle-type distribution at the facility.

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). Although

copies ofthese rules are generally available to the public through libraries and

on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such

references from the provisions ofORC 121.71 through 121.75.

This rule contains references to analytical test methods and procedures used to

measure the sulfur content ofresidual fuel oil. These test methods and procedures

are commonly known and utilized by the testing firms, laboratories, and regulated

entities that perform this analytical work. Copies ofthese test methods and

procedures are available through libraries and the ASTM website.

Appendix B ofthis rule also contains a reference to USEPA's document entitled

"Control ofOpen Fugitive Dust Sources" (EPA-450/3-88-008). Copies ofthis

document may be obtained by writing to or calling USEPA's Office ofAir Quality

Planning and Standards in Research Triangle Park, NC. The address and phone

number are provided in OAC rule 3745-17-01.

All referenced materials are cited, dated, and their availability noted in the last

paragraph ofOAC rule 3745-17-01.

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 5

infeasible:

Not applicable.

Rule Number: 3745-17-13

(

(

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:

Not Applicable.

12.119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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 6 Rule Number: 3745-17-13

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 proposed revisions for the Wheeling-Pittsburgh Steel Corporation either

specify emission limitations and control requirements that are currently being met

by the company or identify certain air contaminant sources that have been

permanently shut down by the company. Other proposed revisions ofthis rule

simply reflect the permanent shutdown ofInternational Mill Services, Incorporated

and Standard Slag Company. Therefore, there are no new costs ofcompliance

associated with the proposed revisions ofthis rule.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.

(

(
ACTION: Final

Page E-1

I DATE: 01122/2008 8:21 AM I

Rule Number: 3745-17-13

(

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and. the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests"business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

Notes from a 4/20/04 meeting involving representatives from the

Wheeling-Pittsburgh Steel Corporation, the law firm ofVorys, Sater, Seymour and

Pease, the Ohio Attorney General's Office, and the Ohio EPA

4/26/06 modeling analysis submitted on behalf ofWheeling-Pittsburgh Steel

[s~rlesheet: ruleenvironmental.xsl 2.15, allthoring 1001: i4i 2.0] May 21,2003, (dv: 2, p: 30293, pa: 44096, ra: 144956, d: print date: 07/23;2008 11 :48 AM
Page E-2 Rule Number: 3745-17-13

Corporation by Energy and Environmental Management, Inc. and entitled "PMlO

DispersionModeling Results Related to Ohio EPA 3745-17-13 (Additional

Restrictions on Particulate Emissions from Specific Air Contaminant Sources in

Jefferson County)"

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(0) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable

(

{

\
ACTION: Final I DATE: 01/22/2008 8:21 AM I

( 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)

Jim Orlemann

Contact

614-644-3592

Phone

614-644-3681

Fax

3745-17-14

Rule Number

Rule Title/Tag Line

.AMENDMENT

TYPE of rule filing

Contingency plan requirements for Cuyahoga and Jefferson

counties,

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(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(A), 3704.03(E)

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

This rule is being filed to fulfill the requirements ofORe 119.032 pertaining to

5-year rule reviews.

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:

This rule specifies contingency plan requirements for specific sources ofparticulate

[s~vlesheet: rsfa.xs12JJ6. authoring tool: EZI. p: 30293. po: 44096. TO: /44955, d: 168472)J print date: 07/23/2008 II :48 AM
Page 2 Rule Number: 3745-17-14

matter emissions that are located within Cuyahoga and Jefferson Counties. An

affected source must comply with the more stringent emission limitations in the

rule if ambient air quality monitoring documents a violation ofthe National

Ambient Air Quality Standards for PMIO in the County in which the source is

located.

The following is a synopsis ofthe proposed changes to rule 3745-17-14 (minor

wording changes are not summarized in this synopsis):

Paragraph (A)(5): The term "total suspended particulates" has been deleted and

replaced with "PMlO." A new defInition for PMlO has been added to proposed rule

3745-17-01, and the defInition for "total suspended particulates" has been deleted

from that rule.

Paragraph (C): The term "total suspended particulates" has been deleted and

replaced with "PMI0."

Also, because USEPA has rescinded the annual PM10 National Ambient Air

Quality Standards, this paragraph has been revised to delete the references to the

annual average ambient air concentration as a possible "trigger" for implementation

ofthe contingency measures required in paragraph (A) ofthe rule.

Paragraph (E): The term "total suspended particulates" has been deleted and

replaced with "PMI0." Also, the reference to the defInition in proposed rule

3745-17-01 has been changed from paragraph (B)(26) to paragraph (B)(l6), which

is the defmition for PMlO.

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). Although copies ofthese rules and statutes are generally

available to the public through libraries and on-line sources, including the Ohio

EPA website, ORC 121.76(A) exempts such references from the provisions ofORC

121.71 through 121.75.

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

Not applicable.

Rule Number: 3745-17-14

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:

Not Applicable.

12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013

(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
Page 4 Rule Number: 3745-17-14

directly affected persons. When appropriate, please include the source for your

information/estimated costs, e.g. industry, CFR, intemal/agency: .

The proposed revisions ofthis rule do not affect the stringency ofthe control

requirements specified in this rule; therefore, there are no new costs of compliance

associated with the proposed revisions ofthis 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. 1060fthe 121st General Assembly.
ACTION: Final

Page E-1

I DATE: 01/22/2008 8:21 AM I

Rule Number: 3745-17-14

(

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See attached list.

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

40 CFR Part 50, Appendix K

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

[s~rlesheet: ruiecm'ironmentalxsI2.J5, Guthor;ng 100/: i4i LOI May 11,2003, (dv: 2, p: 30293, pa: 44096, m: 144955. d: print date: 07/23/2008 11 :48 A.M
Page E-2 Rule Number: 3745-17-14

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(0) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable