## ( 

# Attachment E (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 ofAir 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.

RULESUMMARY 

# ( 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-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:
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\1Page 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 inthis synopsis): Paragraph (not applicable): A "Comment" has been added atthe beginning ofthis rule to referthe readerto the "Incorporationby Reference" section atthe end ofthis rule for a listing ofthe non-regulatory governmentpublications, publications of recognized organizations and associations, etc. referencedthroughout Chapter 3745-17. Paragraph (B)(10): A defmitionhas been added for "OEPA" and "Ohio EPA" so thatthose abbreviations canbe usedin the otherrules withinthis 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 defmitionhas been added for "PMlO," which is used in proposedrules 3745-17-02 and 3745-17-14, and inthe appendix for rule 3745-17-13. Paragraph (B)(26): The defmition for "total suspendedparticulates" has been deleted. In proposedrule 3745-17-02, the term "PMlO" has replacedthe term "total suspendedparticulates;" therefore, the defmition for "total suspendedparticulates" is no longerneeded. Paragraph (C)(new paragraph): A new paragraph has been addedto specifically identify all the materials throughoutthis Chapterthat are incorporatedirito the rules byreference. The paragraph also explains how copies ofthe specific materials can be obtainedby any interestedparty.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 of the Revised Code because the text or other material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). 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 ofFederal Regulations (CFR). These regulations are generally available through libraries andthe Ohio EPA and USEPA websites. CFRreferences also have been datedto identify the specific versions of the regulations being cited. 

### 0 RC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. 

## (

(

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



## ( Referencedmaterials are cited, dated, andtheir availability noted inthe last paragraph ofthis rule.
9. Ifthe rule incorporates a text orother material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: not applicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: Therule was revisedto 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 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt atthe time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which 

### thisproposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. $0.00Page 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 ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule 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 orderto comply with Am. Sub. 1060fthe 121stGeneral 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 ofthe 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 CFRParts 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 AMPage E-2 Rule Number: 3745-17-01

environmental law orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis 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 NotApplicable



## (

/ \

## 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 ofAir Pollution Control (pAPC) Division 

### 50 West Town Street, Suite 700 PO Box 1049 Columbus Oll43216-1049 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.

RULESUMMARY 

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

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

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

### 3704.03(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-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe 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 AMPage 2 Rule Number: 3745-17-02 

### (
The following is a synopsis ofthe proposedchanges to rule 3745-17-02 (minor wording changes are not summarized inthis synopsis): Paragraph (notapplicable): A "Comment" has been added atthe beginning ofthis rule to referthe readerto the "Incorporationby Reference" paragraph in OAC rule 3745-17-01 for the dates ofnon-regulatory governmentpublications, publications ofrecognized organizations and associations, etc. referenced inthis rule. Paragraph (A): The last sentence ofthis paragraphhas been deletedbecause it refers to "total suspendedparticulates." Withthe new defInition for PMlO and the deletion ofthe defmition for "total suspendedparticulates," all uses ofthe term "total suspendedparticulates" needto be removed from this rule. Paragraph (B): This paragraphhas been changedto referto PM2.5 andPMlO, ratherthan "total suspendedparticulates," as the particles inthe ambient airthat willbe measured to detemiine compliance withthe primary and secondary ambient air quality standards. Paragraph (C): This paragraphhas been changedto referto PMI0 ratherthan "total suspendedparticulates." Paragraph (D): USEPAhas rescindedthe annual National AmbientAir Quality Standards forPM10; therefore, this paragraphhas been deleted. Paragraph (D)(new paragraph): A new paragraphhas been addedto defme the primary and secondary, 24-hourambient air quality standards forPM2.5. Paragraph (E)(newparagraph): A new paragraphhas been addedto defme the primary and secondary, annual ambient air quality standards for PM2.5.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). 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 andthe Ohio EPA and USEPA websites. The CFRreferences also have been datedto identify the specifIc versions ofthe regulations being cited. ORC 121.75(D) exempts suchreferences 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. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
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. Ifyou answered YES to No.1, the review date for this rule is the filing date.)

. NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. $0.00Page 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 ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule specifies the ambient air quality standards for PMlO and PM2.5. There are no costs ofcompliance 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/AmendmentForm in orderto 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 ofthe 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 CFRPart 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: i4i2.01 May 21,2003, (tiv: 2, p: 30293. pa: 44096, m: 144953. d: print date: 07:'23/2008 11 :35 A.l\J1Page 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) Ifthis 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 NotApplicable



### (

## 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 ofAir 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,

RULESUMMARY 

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

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

### 119,03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704,03(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-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:
This rule specifies all the testmethods andprocedures thatmustbe 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 }

...Jv1Page 2 Rule Number: 3745-17-03 

### (
contained inrules 3745-17-07 through -14. The following is a synopsis ofthe proposed changes to rule 3745-17-03 (minor wording changes are not summarized inthis synopsis): Paragraph (notapplicable): A "Comment" has been added atthe beginning ofthis rule to referthe readerto the "Incorporationby Reference" paragraph in OAC rule 3745-17-01 forthe dates ofnon-regulatory governmentpublications, publications ofrecognized organizations and associations, etc. referenced inthis rule. Paragraph (A): There are National AmbientAir Quality Standards for PM2.5 and PMlO. Rule 3745-17-01 has been changedto include defmitions for each ofthese types ofparticles, andrule 3745-17-02 has been changedto specify the federal standards for the particles. This paragraphhas been changedto referto PM2.5 and PM10, ratherthan total suspendedparticulates, andto the new defmitions forthese particles inproposedrule 3745-17-01. Paragraph (B)(3)(introductory portion): Thephrase "orwithparagraphs (B)(2), (D)(3), and (F)(6)(a)" has been deleted from this paragraph andreplaced withthe phrase "or withparagraph (D)(4)(a)." The sources referenced inparagraphs (B)(2) and (D)(3) ofexisting rule 3745-17-13 no longer exist. Paragraph (F)(6)(a) of existing rule 3745-17-13 includes several visible emission limitations for operations withinthe blastfurnace casthouses atthe Wheeling-Pittsburgh Steel Corporation, Mingo Junction facility. Thatparagraphhas been changedto specify only one visible emission limitation, i.e., 15% opacity as a six-minute average; andthe paragraphnumberhas been changedto (D)(4)(a). Therefore, the reference to paragraph (F)(6)(a) inthis paragraph [(B)(3)] has been changedto paragraph (D)(4)(a). The word "particulate" has been deleted from this paragraph. "Particulate emissions" is a defmedterm in Chapter 3745-17, anditis not applicable to fugitive dust sources. Therefore, to be consistentwiththe defmition, "visible particulate emissions" has been changedto "visible emissions." Paragraph (B)(3)(a): The phrase "andparagraphs (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) ofexisting rule 3745-17-13 has been revisedto specify only one visible emission limitation, i.e., the 15%, six-minute average, opacity limitation; andthe paragraphnumberhas been changedto (D)(4)(a). The two subparagraphs (F)(6)(a)(i) and (F)(6)(a)(ii) havebeen deleted in proposedrule 3745-17-13. Therefore, the references to the two subparagraphs withinparagraph (F)(6)(a) ofthis paragraph [(B)(3)(a)] canbe deleted. In addition, the opacity limitation inparagraph (D)(4)(a) ofproposedrule 3745-17-13 is a 6-minute average, anditwouldnotbe appropriate to referto 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 paragraphhas been deleted and replaced 

### (

(

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



## (

( with the word "Reserved." The paragraphnumberhas beenreservedto eliminate the need to renumber subsequentparagraphs inparagraph (B)(3). As mentioned above, paragraph (F)(6)(a) ofexisting rule 3745-17-13 has been changedto specify only one visible emission limitation, i.e., the 15%, six-minute average, opacity limitation; andthe paragraphnumberhas been changedto (D)(4)(a). Subparagraph (F)(6)(a)(iii) has been deleted inproposedrule 3745-17-13. Therefore, this paragraph [(B)(3)(c)] canbe deleted. In addition, the opacity limitation in paragraph (D)(4)(a) ofproposedrule 3745-17-13 is a 6-minute average, and it would notbe appropriate to change this paragraph [(B)(3)(c)] to referto paragraph (D)(4)(a) because this paragraph addresses a I-minute average opacity limitation. Paragraph (B)(4): Thewording "paragraphs (B)(1), (B)(3), (C), (D)(l), (D)(2), and (G)" has been deleted andreplaced with the wording "paragraph (B)." The sources referenced inparagraphs (B)(1), (B)(3), (D)(1) and (D)(2) ofexisting rule 3745-17-13 no longer exist, and those paragraphs have been deleted inproposed rule 3745-17-13. Paragraph (G) in existingrule 3745-17-13 is no longernecessary, and thatparagraphhas been deleted inproposedrule 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)" inthe deleted wording in this paragraph has beenrenumbered as (B) inproposedrule 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 "orwithparagraphs (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 inparagraphs (E)(1), (E)(2)(c), (F)(I)(a) and (F)(1)(b) have beenpermanently shut down; andthose paragraphs have been deleted inproposedrule 3745-17-13. Therefore, the references to paragraphs (E)(l), (E)(2)(c), (F)(1)(a) and (F)(1)(b) in this paragraph canbe deleted. Paragraph (B)(IO): References to paragraphs (1)(7)(e) and (I)(7)(g) ofexisting rule 3745-17-12 have been deleted from this paragraphbecause the sources referenced in those paragraphs have beenpermanently shut down and the paragraphs have been deleted from proposedrule 3745-17-12. References to paragraphs (1)(15), (1)(18), (1)(31) through (1)(37), (1)(41), (1)(42), (1)(44) and (1)(49) ofexistingrule 3745-17-12 have been deleted from this paragraphbecause the sources referenced in those paragraphs have beenpermanently shut down and the wording in those paragraphs has been deleted from proposedrule 3745-17-12 andreplaced with the word "Reserved" to preserve the numbering withinrule 3745-17-12. A reference to paragraph (1)(48) ofrule 3745-17-12 has been added to this paragraphbecause paragraph (1)(48) has been modified inproposedrule 3745-17-12 to include a particulate emission limitation, and that emissionlimitationneeds a compliance method. References to paragraphs (E)(5)(a) and (E)(5)(b) ofexisting rule 3745-17-13 have been deleted from this paragraphbecause the sources referenced in those paragraphs have beenpermanently shutdown, andthe paragraphs have beenPage 4 Rule Number: 3745-17-03

deleted from proposedrule 3745-17-13. Also, as aresult 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) ofexisting rule 3745-17-13 have been deleted from this paragraph [(B)(10)] andreplaced withthe renumberedparagraphs (D)(2), (D)(3), (D)(4)(b) to (D)(4)(d), (D)(5), and (D)(6), respectively, ofproposedrule 3745-17-13. Paragraph (B)(ll): This paragraphhas been deleted. Paragraphs (E)(4)(a) and (E)(5)(a) have been deleted from proposedrule 3745-17-13 because Wheeling-Pittsburgh Steel Corporationno longeruses sinter as araw material. Therefore, this paragraph canbe deleted from rule 3745-17-03 because itis no longernecessary to define a testmethod forthe moisture content ofsinter.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). 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 ofFederal Regulations (CFR). These regulations are generally available through libraries andthe Ohio EPA andUSEPA websites. The CFRreferences also havebeen datedto identify the specific versions ofthe regulations being cited. 

### 0 RC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Referencedmaterials are cited, dated, andtheir availability notedin the last paragraph ofOAC rule 3745-17-01. This rule also contains references to analytical testmethods andprocedures usedto measurepollutant emission rates, certify monitoring equipment, and measure other parameters for materials subjectto the requirements ofthis Chapter. These test methods andprocedures are commonly known andutilizedby the testing firms, laboratories, andregulated entities thatperformthis analyticalwork. Copies of these testmethods andprocedures are available through libraries andthe ASTM andUSEPA websites.
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was 

## (

(Page 5
infeasible: Not applicable. Rule Number: 3745-17-03



## (

( 10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: If the rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date notto exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which 

### thisproposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues 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 ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule specifies the testmethods andprocedures thatmustbe used in determining compliance with the emission limitations and control requirements contained inrules 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 Youmustcomplete the Environmental rule Adoption/Amendment Form in orderto comply with Am. Sub. 106 ofthe 121stGeneral 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 ofthe 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 (FordMotor Company) to Jim Orlemann (Ohio EPA) 6120107e-mail from Bob Niemi (Ford MotorCompany) 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 AMPage 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) Ifthis 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 NotApplicable



### (

(

## 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 ofAirPollution 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.

RULESUMMARY 

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

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

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

### 3704.03(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-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule specifies the dates by which compliance with the emission limitations and control requirements contained inrules 3745-17-07 through -13 mustbe 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 inthis synopsis): Paragraph (B)(6)(a): References to paragraphs (1)(6), (1)(7), (1)(10), (1)(21), (1)(40), and (1)(43) have been deletedbecause significantrevisions have been made to those paragraphs, and, as aresult, they will have a new compliance deadline. Thatnew compliance deadline is specifiedin new paragraph (B)(6)(g) ofthis rule. The reference to paragraph (1)(4)(a) has been deletedbecause this paragraphhas been completely deleted fromproposedrule 3745-17-12. References to paragraphs (1)(41) and (1)(32) through (1)(37) have been deletedbecause the wording inthose paragraphs ofproposedrule 3745-17-12 has been deleted and the paragraphs have beennoted as "Reserved." Paragraph (B)(6)(e): References to paragraphs (1)(5), (1)(7), and (1)(48) have been deletedbecause significantrevisions have beenmade to thoseparagraphs, and, as a result, they will have anew compliance deadline. Thatnew compliance deadline is specified in new paragraph (B)(6)(g) ofthis rule. The reference to paragraph (1)(4)(b) has been deletedbecause this paragraph has been completely deleted from proposedrule 3745-17-12. References to paragraphs (1)(31), (1)(15) and (1)(18) have been deletedbecausethe wording in those paragraphs ofproposedrule 3745-17-12 has been deleted andthe paragraphs have beennoted as "Reserved." Paragraph (B)(6)(f): References to paragraphs (1)(40) and (1)(43) have been deleted because significantrevisions have beenmade to those paragraphs, and, as aresult, they will have anew compliance deadline. Thatnew compliance deadline is specifiedin newparagraph (B)(6)(g) ofthis rule. References to paragraphs (1)(42), (I)(47)(b) and (1)(49) have been deletedbecause the wording inthose paragraphs of proposedrule 3745-17-12 has been deleted and the paragraphs have beennoted as "Reserved." Paragraph (B)(6)(g)(newparagraph): A newparagraph has been addedthat specifies "the effective date ofthis rule" as the compliance deadline forparagraphs (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 deletedbecause thatparagraph has been deleted from proposedrule 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, inproposed rule 3745-17-13, those paragraphs have beenrenumbered as paragraphs (D)(2), (D)(4)(d), (D)(4)(e), (D)(5) and (D)(6), respectively. Second, the requirements for the sources addressed inthe renumberedparagraphs have been made more stringent than the requirements ofexisting rule 3745-17-13; therefore, those sources need a different compliance deadline than what is currently specifiedinthis paragraph [(B)(7)(a)]. Paragraph (F)(5) in existing rule 3745-17-13 has beenrenumbered as paragraph (D)(3) inproposedrule 3745-17-13; therefore, "(F)(5)" has been deleted andreplacedwith "(D)(3)" inthis 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 deletedbecause the sources addressedin those paragraphs have beenpennanently shut down andthe associatedrequirements have been deleted from proposed rule 3745-17-13. Reference to paragraph (G) in existing rule 3745-17-13 has been deletedbecause thatparagraphhas been deleted from proposedrule 3745-17-13. Paragraph (C) in existing rule 3745-17-13 has been renumbered as paragraph (B) inproposedrule 3745-17-13; therefore, "(C)" has been deleted andreplaced with "(B)" inthis paragraph. Paragraph (B)(7)(c): References to paragraphs (B)(3) and (D)(2) in existing rule 3745-17-13 have been deletedbecause the sources addressed inthose paragraphs have beenpennanently shut down andthe associatedrequirements have been deleted from proposedrule 3745-17-13. References to paragraphs (D)(2), (D)(4)(d), (D)(4)(e), (D)(5) and (D)(6) inproposedrule 3745-17-13 have been added to this paragraph. The compliance deadline for the sources addressed in those paragraphs has been specified as "notlaterthan the effective date ofthis rule" inthis paragraph, and the existing date in this paragraphhas been deleted. Eventhough the requirements for the sources addressedinparagraphs (D)(2), (D)(4)(d), (D)(4)(e), (D)(5) and (D)(6) inproposedrule 3745-17-13 are more stringentthan the requirements for those sources in existing rule 3745-17-13, the sources are currently complying with the more stringentrequirements and additional time, beyondthe 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 deletedbecause the sources addressed in those paragraphs have beenpennanently shutdown and the associatedrequirements have been deleted fromproposedrule 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, inproposedrule 3745-17-13; therefore, "(F)(6)(a) to (F)(6)(c)" has been deleted andreplaced with "(D)(4)(a) to (D)(4)(c)" inthis paragraph. Paragraph (B)(7)(e): Paragraphs (E)(3) and (F)(2) in existing rule 3745-17-13 have beenrenumbered as paragraphs (C) and (D)(1), respectively, inproposedrule 3745-17-13; therefore, "(E)(3) and (F)(2)" have been deleted andreplacedwith "(C) and (D)(I)" in this paragraph.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). AlthoughPage 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. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible: Not applicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: 

### NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none,**plea~e** state so: 

### NotApplicable.
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. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which thisproposedrule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 

### (

(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 containedin rules 3745-17-07 through 3745-17-13. There are no costs ofcompliance 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!AmendmentForm in orderto comply with Am. Sub. 106 ofthe 121stGeneral 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 ofthe 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 (FordMotor Company) to Jim Orlemann (Ohio EPA) 6/20/07 e-mail from Bob Niemi (FordMotor 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 Aiv1Page 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 administerand 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) Ifthis 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 ofAir 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.

RULESUMMARY 

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

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

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

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

### 3704.03(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 119.032pertaining to 5-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: This rule is being rescinded. The rule consists ofonly one sentence, thatreads 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.MPage 2 Rule Number: 3745-17-05

avoidable deterioration ofair quality in anypart ofthe area where presently existing air quality is equal to orbetter than that requiredby rule 3745-17-02 ofthe Administrative Code shall be prohibited." The vagueness ofthe wording ofthis rule makes it difficultto implement and enforce. In addition, there are extensive new source review requirements for major sources thathave been inplace for years that accomplish the goal ofthis rule. Therefore, the Agency has determinedthatthis rule is no longernecessary and may be deleted without any adverse effects onthe State's airpollution control program. 8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains a reference to the Ohio Administrative Code (OAC). Although copies ofthis rule are generally available to thepublic 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. Ifthe rule incorporates a text or other material by reference, and it was infeasible forthe agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: Not applicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 9/12/2007 (Ifthe rule is not exempt and you answered NO to question No.1, provide the 

### (



## (

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



## (

( scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. $0.00 Not applicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable.
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: This rule was originally promulgated in 1970. Since thattime, ithas notbeenused by the Ohio EPA as the basis for requiring any facility to install additional control equipment or control measures for emissions ofparticulate matter; and, as a result, there has been no cost ofcompliance associated with the rule. Therefore, the recision ofthis rule will neitherincrease nor lessen the cost ofcompliance 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

Youmust complete the Environmental rule Adoption!AmendmentForm 

### in orderto comply with Am. Sub. 106 ofthe 121stGeneral 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 ofthe 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 orused in determining the need for this rule.**[s~rlesheet:** ruleenvironmentaLxsI2.J5. mUhoring tool: i4i 2.01 .May21,2003, (dv.' 5, p: 30293, pa: 44096, ra: 144947, d: print date: 07:'23/2008 11:37 .'\JvlPage 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) Ifthis 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 NotApplicable



## (

(

## 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 ofAir 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.

RULESUMMARY 

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

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

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

### 3704.03(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 119.032pertaining to 5-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule specifies the visible emission limitations for sources ofparticulate 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\IlPage 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 inthis synopsis): Paragraph (not applicable): A "Comment" has been added atthe beginning ofthis rule to referthe readerto the "Incorporationby Reference" paragraph in OAC rule 3745-17-01 forthe dates ofnon-regulatory governmentpublications, publications ofrecognized organizations and associations, etc. referenced inthis rule. Paragraph (A)(3)G)(new paragraph): This newparagraphhas been added to define the periods oftime during whichthe kilns operatedby MartinMariettaMagnesia Specialties, Inc., in Woodville, wouldbe exemptfrom the 20% and 60% opacity limitations specified inparagraph (A)(l). To claimthe exemptions providedby this paragraph, the company mustmaintain daily records that documentthe dates, beginning times and ending times for the exempted operations. For any kilnthat is equippedwith abaghouse, the start-up ofthe kiln is exempt until the stone feed to the kilnbegins. The purpose ofthis exemption is to prevent blinding ofthe bags during the time periodwhen the temperature ofthe exhaust gases is nothigh enoughto keep the water in avapor state through the baghouse. During this exemptionperiod, the baghouse will be bypassed. Once the kiln has reached atemperature that enables the processing ofstone, andthe stone feed begins, the start-up exemption ends andthe baghouse mustbe employed. For any kilnthat is equippedwith abaghouse, the shutdown ofthe kiln is exempt afterthe temperature ofthe exhaust gases from the kiln drops below 250 degrees F atthe inletto the baghouse. The purpose ofthis exemption is to preventblinding of the bags during the time periodwhen the temperature ofthe exhaust gases is not high enoughto keep the water in avapor state through the baghouse. Once the temperature ofthe exhaust gases reaches 250 degrees F, the baghouse willbe bypasseduntil the kiln is completely shut down. During this exemptionperiod, there will be no solid fuel firing andno stone feed to the kiln. For any kilnthat is equippedwith an ESP, the start-up ofthe kiln is exempt from the time the stone feed to the kilnbegins until a stable firing condition for the solid fuel (coal orcoke) is achieved, butnot longerthan six hours from the time firing withthe solid fuel begins. Incomplete combustion ofthe solid fuel during the start-up period cancause high concentrations ofcombustibles withinthe exhaust gases and create apotential safety hazard for the ESP. Thepurpose ofthis exemption is to prevent an explosion within the ESP. During this exemptionperiod, the ESP willbe bypassed. Once a stable firing conditionis achieved orthe 6-hour time limitis reached, the start-up exemption ends andthe ESP mustbe employed. Companyrecords indicate thatmost ofthe kiln start-ups are completedwell within a 6-hourtime period, and itis inthe company's bestinterests to minimize the length ofany start-up period. 

## (

(

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



## (

( To assist in implementing the above-mentioned exemptions, defmitions havebeen provided inthis paragraph forthe terms "start-up" and "stable fIring condition."
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121 .71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). 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, andtheir availability noted inthe last paragraph ofOAC rule 3745-17-01.
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible forthe agencyto file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for thisPage 4 Rule Number: 3745-17-07
rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANAL YSIS 13. Estimate the total amount by which this proposedrule would 

### increase I 

### decrease either 

### revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. $0.00 Not applicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable.
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There are no new costs ofcompliance associatedwith the proposedrevisions ofthis rule. Withthe proposednew exemptions, the requirements ofthe revisedrule will be less stringentthan 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 Environmentalrule Adoption!AmendmentForm in orderto 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 ofthe 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 submittedby Joe L. Green (Martin MariettaMagnesia 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 leylPage 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) Ifthis 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 NotApplicable



### (

i \

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

( 

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

### Ohio Environmental Protection A2ency Agency Name 

### Division ofAirPollution 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 ofemission offulrttive dust.

RULESUMMARY 

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

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

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

### 3704.03(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 119.032pertaining to 5-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule prescribes the control requirements for sources that emitfugitive dust.**[s~rlesheet:** rsfa,xsI2.06. aUI/wringtool: EZ1. p: 30]<Xr. pa: 44096, ra: 144951, d: 168468)J print date: 07/23/2008 I] :38 .'\1v1Page 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 inthis synopsis): Paragraph (not applicable): A "Comment" has been added atthe beginning ofthis rule to refer the readerto the "Incorporationby Reference" paragraph in OAC rule 3745-17-01 forthe dates ofnon-regulatory governmentpublications, publications ofrecognized organizations and associations, etc. referenced inthis rule. Paragraph (A)(3)(b): Because the blast furnace andthe basic oxygen furnaces at the AK Steel Corporation, Middletown Works, are no longer eligible forthe exemptions from the requirement to employreasonably available control measures, the wording ofthis paragraphhas been deleted andreplaced withthe word "Reserved." The paragraphnumber has beenreservedto eliminate the needto renumber subsequentparagraphs inparagraph (A)(3). Severalyears ago, the Directormade a determination thatthe fugitive dust emissions from these sources were causing a public nuisance, in violation ofOAC rule 3745-15-07. This determination ledto an enforcement case that was resolved through the entry ofa Consent Orderinthe ButlerCounty Court ofCommonPleas onMarch 31,2004. The Consent Orderrequiredthe installation ofadequate 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 onthe date setforth inthe DATE2 column ofSection (e) ofParagraph 10 and the exemption setforth in Ohio Adm. Code 3745-17-08(A)(3)(b)(ii) and (iii) shall expire onthe date setforth in Section (h) ofParagraph 11." The date setforth inthe DATE2 column ofSection (e) for the blast furnace andthe date setforth in Section (h) ofParagraph 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 deletedfrom the rule. The company has agreed within the Consent Ordernot to challenge such arule revision whenpromulgatedby the Agency.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). 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 areference to USEPA's document entitled "Control ofOpenFugitive Dust Sources" (EPA-450/3-88-008). Copies ofthis documentmay be obtainedby writing to or calling USEPA's Office ofAir Quality Planning and Standards in Research Triangle Park, NC. The address andphone number are provided in OAC rule 3745-17-01. All referencedmaterials are cited, dated, and their availability noted in the last paragraph ofOAC rule 3745-17-01.
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which 

### thisproposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to thePage 4 budget ofyour 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 ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: There are no new costs ofcompliance associated with the proposedrevisions ofthis rule. The proposedrevisions do not establish any additional control requirements forthe 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!AmendmentForm in orderto comply with Am. Sub. 106 ofthe 121stGeneral 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 ofthe 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 JudgmentEntry for "State ofOhio ex reI. Jim Petro, Attorney General ofOhio vs. AK Steel Corporation," filed 3/31/07 in the Butler County Court ofCommonPleas**[s~flesheet:** ru1eenvironmenfal.xsJ2.15, authoring tool: i4i 2.01 /l-Jay21,2003. (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 orto participate in a federal environmental program? Yes 

### Is the proposed rule or rule amendment more stringent than its federal counterpart? No


### (D) Ifthis 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 NotApplicable



### (

(

## 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 ofAirPollution Control (DAPC) Division 

### 50 WestTown Street, Suite 700 PO Box 1049 Columbus OR43216-1049 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.

RULESUMMARY 

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

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

### 119,03 4. Statute(s) authorizing agency to adopt the rule: 

### 3704.03(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-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule specifies the allowable particulate emissionrates 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.MPage 2 Rule Number: 3745-17-09

The only changes to this rule involve corrections to the citations, atthe end ofthe rule, ofthe amplifying and authorizing statutes.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains areference 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. Ifthe rule incorporates a text or other material by reference, and it was infeasible forthe agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible forthe agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: 

### NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: 

### NotApplicable.
12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules. 

## (

/

## ( Page 3

FISCAL ANAL YSIS Rule Number: 3745-17-09



## (

(
" 13. Estimate the total amount by which 

### thisproposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. $0.00 Not applicable.
14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable.
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source foryour information/estimated costs, e.g. industry, CFR, internal/agency: No significant revisions are being made to this rule; therefore, there are no new costs ofcompliance associatedwith the proposedrevisions 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 Environmentalrule Adoption/AmendmentForm in orderto 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 ofthe 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. Afterinternal discussions, itwas determined thatthere is a need for the rule; however, the only revisions that were necessarypertainto the authorization and amplification citations atthe end ofthe rule.

[str1esheet: ruleenvironmental.xsI2.15, authoring tool: i4i 2.01 .May21, ]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 orto participate in a federal environmental program? Yes 

### Is the proposed rule or rule amendment more stringent than its federal counterpart? No


### (0) Ifthis 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 NotApplicable



### (

(

## 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 ofAirPollution Control IDAPC) Division 

### 50 West Town Street. Suite 700 PO Box 1049 Columbus OR43216-1049 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.

RULESUMMARY 

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

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

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

### 3704.03(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-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule specifies the allowable particulate emissionrates 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 minorwording changes, the changes to this rule only involve corrections to the citations, atthe end ofthe rule, ofthe amplifying and authorizing statutes.


### 8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother 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. Ifthe rule incorporates a text or other material by reference, and it was infeasible forthe agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable.


### 10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 9/12/2007 

### and 02/0112013 

### (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date ( \

(

## ( 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 proposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. $0.00 Not applicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable.
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: No significant changes are being made to this rule; therefore, there are no new costs ofcompliance associated with the proposedrevisions 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 orderto complywith 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 ofthe 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

.. Afterinternal discussions, itwas determinedthatthere is a need for the rule; however, except for some typo corrections and very minorwording changes, the only revisions that were necessary pertain to the authorization and amplification**[s~rlesheet:** ruleellvironl1lental.xsl2.15. 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 orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringent than its federal counterpart? No
(D) Ifthis 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 ofAirPollution 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.

RULESUMMARY 

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

### Yes
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adoptthe 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-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe 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 }'ojvlPage 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)(newparagraph): A new paragraphhas been addedto the rule to exclude from the requirements ofrule 3745-17-11 surface coating processes that apply only dip coatings, roll coatings, flow coatings orbrush coatings. Because these surface coating operations have no coating overspray, the quantity of particulate emissions from these operations is insignificant, andthe regulation of those emissions is unnecessary. Paragraph (A)(l)(i)(new paragraph): A new paragraphhas been addedto the rule to exclude from the requirements ofrule 3745-17-11 surface coating processes that employ less than five gallons ofcoatings per day, providedthe owner or operator maintains records thatclearly demonstrate the actual coating usage is less than five gallons per day. The amountofoverspray and, hence, the quantity ofparticulate emissions that couldresult from this level ofcoatings usage are consideredto be negligible. Workpractice and/or control equipmentrequirements for such small coating operations wouldbe unreasonable. Paragraph (A)(l)G)(new paragraph): A newparagraphhas been addedto the rule to exclude from the requirements ofrule 3745-17-11 surface coating processes that employ airless spray andbead-type applications. Sealers, adhesives and deadeners are examples ofthe types ofcoatings thatwouldbe used in these applications. The amount ofoverspray and, hence, the quantity ofparticulate emissions that could result from the airless spray application method are consideredto be negligible. Also, the bead-type or extrusion application methodhas 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)(newparagraph): A new paragraphhas been addedto the rule to exclude from the requirements ofrule 3745-17-11 surface coatingprocesses that employ hand-heldcup spray guns. The amount ofoverspray and, hence, the quantity ofparticulate emissions that couldresult from these application methods are consideredto be negligible. Workpractice and/orcontrol equipment requirements for such small coating operations wouldbe unreasonable. Paragraph (A)(l)(l)(new paragraph): A new paragraphhas been addedto the rule to exclude from the requirements ofrule 3745-17-11 surface coating processes for whichthe owner or operator demonstrates to the satisfactionofthe Directorthat, due to the large size ofthe item(s) being coated, itis technically infeasible and/or economicallyunreasonable to employ an enclosure (orhooding) and control device for the control ofthe particulate emissions. Economic reasonableness wouldbe baseduponthe cost-effectiveness ofthe enclosure (hooding) and control device. Althoughthis situationwouldbe rare, an exemption is needed to address such a surface coatingprocess. 

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( Paragraph (A)(l)(m)(new paragraph): A newparagraphhas been addedto the rule to exemptjetengine test cells and stands from the requirements ofthis rule. Most ofthejet engine test cells and stands have low particulate emissionrates (1ess than 10 lbs/hour), and it is notreasonable, from an economic standpoint, to install add-on, particulate emissioncontrols forthese sources. This conclusion is consistentwith the USEPA's MaximumAcheivable Control Technology (MACT) standards for engine test cells/stands (40 CFRPart 63, SubpartPPPPP). Inthose standards, whichbecame effective on May 27,2003, USEPA concludedthat it is not economicallyreasonable to install add-on controls for HAP emissions from any existing engine test cells/stands. New engine test cells/stands may needto install controls to comply with the MACT standards. These controls wouldbe for HAP emissions such astoluene, benzene, mixedxylenes, and 1,3-butadiene, butnot for particulate emissions. Paragraph (A)(2)(introductoryportion): New paragraph (C) has been addedto the fIrst sentence ofparagraph (A)(2). Sources subjectto the requirements ofparagraph (C) are not subjectto Figure II orTable I. Paragraph (B)(I): Newparagraph (C) has been addedto the beginning ofparagraph (B)(l). Sources subjectto the requirements ofparagraph (C) are not subjectto Figure II orTable 1. Paragraph (C)(I)(newparagraph): This new paragraph establishes the control requirements for surface coating processes that are not exemptedpursuantto paragraphs (A)(l)(h) through (1). The particulate emissions from any surface coatingprocess that is not exemptedmustbe controlledby means ofaparticulate fIlter, waterwash or equivalentcontrol device. These types ofcontrol equipment and the workpractices specifIed inparagraph (B)(2) constitute reasonably available control technology (RACT) forthe particulate emissions from surface coating processes and are representative ofcurrentindustry practice. These new RACT requirements take the place ofany emissionlimitation for a surface coatingprocess derived from Figure II orTable I ofthis rule. Paragraph (C)(2)(newparagraph): This newparagraph establishes the workpractice requirements for surface coatingprocesses that are not exemptedpursuantto paragraphs (A)(l)(h) through (1). These workpractices are an integralpartofthe defInition ofRACT for the particulate emissions from surface coatingprocesses. Paragraph (C)(2)(a) requires the owner or operatorto maintain documentation of the manufacturer's recommendations, instructions or operatingmanuals forthe control equipment. Paragraph (C)(2)(b) requires the owner oroperatorto operate the control equipmentin accordance with the manufacturer's recommendations, instructions or operating manuals; however, modifIcations maybe made to the manufacturer's operatingprocedures ifthe modifIcations are deemed necessary by the owneroroperator ofthe surface coating process. Paragraph (C)(2)(c) requires the owner oroperatorto performperiodic inspections ofthe control equipment while it is in operation. These periodic inspections mustbe performed at aPage 4 Rule Number: 3745-17-11 ( frequency that is basedupon the recommendation ofthe manufacturerofthe control device, andthe owner or operatormustmaintain a copy ofthe manufacturer's recommended inspection frequency. Also, at least once each calendaryear, the owneroroperatormustperform a comprehensive inspection of the control equipmentwhile itis shut down andperform any neededmaintenance andrepairwork. The purpose ofthese inspections is to ensurethatthe control equipmentwill operate in accordance withthe manufacturer's recommendations, instructions, oroperating manuals. Paragraph (C)(2)( d) requires the owneror operatorto document all inspections ofthe control equipment. The documentation must include the following information for each inspection: the date ofthe inspection; a description ofeachproblem identified andthe date itwas corrected; a description ofthe maintenance and repairs performed; andthe name ofthe person who performedthe inspection. Paragraph (C)(2)(e) requires the owner or operator to expeditiously take corrective action ifthe control equipmentis found to be not operating in accordance withthe manufacturer's recommendations, instructions or operating manuals. The owner or operator also mustmaintainrecords ofthe time periods when the control equipmentis not operating properly. Paragraph (C)(2)(f) requires the owner or operatorto maintainthe records ofthe control equipment inspections and any corrective actions taken for aperiod of5 years. Paragraph (C)(2)(g) requires all the records requiredbyparagraph (C)(2) to be maintainedby the owneroroperator at the facility, andthey mustbe made available to Ohio EPA personnel uponrequest. Paragraph (C)(3)(newparagraph): This new paragraphhas been addedto 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, afterJanuary 1, 1990, was issued a PTI containing particulate emission limitations and control measures baseduponbest available technology (BAT), best available control technology (BACT), orlowest achievable emission rate (LAER). In such cases, ratherthan complying withthe RACT requirements inparagraphs (C)(l) and (C)(2), the surface coating process must comply withthe emission limitations and control measures specifiedin the PTI because those PTI requirements are equivalentto ormore stringentthatthe RACT requirements.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother 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 

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# ( references from the provisions ofORe 121.71 through 121.75.
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable.
10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
12. 119.032 Rule Review Date: 9/12/2007 and 02/0112013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed Syears from the effective date forAmended rules or a date not to exceed Syears from the review date for No Change rules.
FISCAL ANAL YSIS 13. Estimate the total amount by which thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable.Page 6 Rule Number: 3745-17-11 

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14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable.
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: The proposedrevisions ofthis rule establish control requirements for surface coating processes that are equal to or less stringentthan the existing requirements ofthis rule; therefore, there are no new costs ofcompliance associated with the proposedrevisions 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 mustcomplete the Environmentalrule Adoption/AmendmentForm in orderto comply with Am. Sub. 106 ofthe 121stGeneralAssembly. 

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## ACTION: Final

Page E-1 

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

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Rule Number: 3745-17-11



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( 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 ofthe 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 IndianaAdministrative Code 6/14/04 e-mail from JackA. Van Kley (law fIrm ofJones Day) to MargaretMalone (Attorney General's OffIce)**[s~rlesheet:** ruleenvironmental.xsI2.15, authoring tool: i4i2.01 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) Ifthis 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 NotApplicable



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## ACTION: Final 

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

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( Rule Summary and Fiscal Analysis (Part A) 

### Ohio Environmental Protection Agency Agency Name 

### Division ofAirPollution Control (DAPC) Division 

### 50West 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.

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

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

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

### 3704.03(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 119.032pertaining to 5-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule specifies additional particulate emission limitations for aircontaminant**[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

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sources locatedin 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 inthis synopsis): Paragraph (notapplicable): A "Comment" has been added atthe beginning ofthis rule to referthe readerto the "Incorporationby Reference" paragraph in OAC rule 3745-17-01 forthe dates ofnon-regulatory governmentpublications, publications ofrecognized organizations and associations, etc. referenced inthis rule. Paragraph (1)(4)(introductoryportion): Reference to "the mold spray mixing station," P083, has been deletedbecause the emissions unithas beenremoved. Also, with the deletion ofparagraph (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): Withthe deletion ofparagraph (4)(b), paragraph (4)(a) also has been deleted andthe wording in existing paragraph (4)(a) has been incorporated into the introductoryportion ofparagraph (4). Paragraph (1)(4)(b): The knockouthouse wet collectorNo.5 is no longerin operation. The majority ofthe emissions from F024, P09l, andP092 are now controlledby six ofthe remaining knockouthouse wet collectors. (Portions ofthe emissions from F024, P09l, and P092 are now controlledby the A unitbaghouse.) Therefore, paragraph (4)(b) has been deleted. Paragraph (1)(5): P140 has been deleted andreplacedwithP160. As part ofa PTI revision, P140, whichincludedthe mold line No.2 holding furnace, irontransfer, and slag station, was modified; andthose same 3 operations becameP160, P16l, andP162. Only the mold line No.2 holding furnace, P160, is referenced inthis paragraph. The following wording has been added to this paragraph: "Alternatively, the number 3 electric inductionholding furnace (F025) andthe mold line number2 holding furnace (P160) currently ventedto D unitbaghouse may be ventedto the AAF unitbaghouse; and in such case, the emissions from the AAF unitbaghouse shall not exceed 0.005 grainper actual cubic foot ofexhaustgases." In complying withthe MACT requirements, the Companyreplaced 2 existing cupolas with new cupolas. Ifthe cupolareplacementprojectis completed, F025 andP160 willbe ventedto the AAF unitbaghouse ratherthan to the D unitbaghouse. The allowable particulate emission rate for these emissions units will notchange. Paragraph (1)(6): P026 is incorrectly described as an electric arc holding furnace; however, itis an inductionholding furnace. The wording has been changedto make this correction. The following wording has been addedto this paragraph: "Alternatively, the induction holding furnace number 2 (P026) may be ventedto the D unitbaghouse; andin such case, the emissions from the D unitbaghouse shall not exceed 0.005 grainper actual cubic foot ofexhaustgases." In complying with 

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( the MACTrequirements, the Company replaced 2 existing cupolas with new cupolas. Ifthe cupolareplacementprojectis completed, P026 will be ventedto the D unitbaghouse. The allowable particulate emission rate forthis emissions unit will not change. Paragraph (I)(7)(introductoryportion): References to P030, P031, P034, P044, and P045 have been deletedbecause these emissions unithave beenpermanently shut down. F024, P091, and

### pon have been addedto the list ofaffected emissions units because portions oftheir emissions are now ventedto the A unitbaghouse. The majority ofthe emissions from these emissions units is regulatedunderparagraph (1)(4). Paragraph (1)(7)(a): References to P030 and P031 have been deletedbecause these emissions units have beenpermanently shutdown. Also, P041 has beenremoved from this paragraph because all the emissions from this emissions unit are now ventedto the C unitbaghouse. F024, P091, and

### pon have been addedto the list of emissions units controlledby the A unitbaghouse because, as mentioned in the previous section, aportion ofthe emissions from F024, P091, and P092 are now ventedto that control device. The allowable emission rate forthe A unitbaghouse has been changedfrom 0.011 grain per actual cubic foot ofexhaustgases to 0.010 grainper actual cubic foot ofexhaust gases to be consistent with the allowable emissionrate inparagraph (1)(4) for the majority ofthe emissions from F024, P091, andP092. Paragraph (I)(7)(c): References to P030, P031 and P034 have been deletedbecause these emissions units have beenremoved. P908 has been addedto this paragraph because the emissions from P908 thatwere previously vented to the pulse flow baghouse (No. 94) have beenreroutedto the C unitbaghouse mentioned inthis paragraph. Also, P041 has been addedto this paragraphbecause all the emissions from this emissions unit are now ventedto the C unitbaghouse ratherthanthe A unitbaghouse. Paragraph (1)(7)(d): The Pangbornbaghouse serving P028 has beenremoved; therefore, this paragraph has been deleted. All the emissions from P028 are vented to the A unit and B unitbaghouses, which have lowerallowable emission rates than the Pangbornbaghouse. Paragraph (1)(7)(e): The pulse flow baghouse serving P411 and P908 has been removed; therefore, this paragraphhas been deleted. All the emissions from P411 are ventedto the A unitbaghouse, and all the emissions from P908 are ventedto the A unit and C unitbaghouses. The allowable emissionrate forthe A unit baghouse is equal to the allowable emissionrate forthe pulse flow baghouse (O.Ollgr/acf). The allowable emissionrate for the C unitbaghouse is slightly higher than the allowable emissionrate forthe 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 thatwere ventedto the cleaning room wet collectorhave beenventedto the A unitbaghouse. This paragraph is no longerneeded; therefore, ithas been deleted. Paragraph (I)(7)(g): This paragraphhas been deletedbecause P043 andP044 have beenpermanently shut down. Paragraph (I)(7)(h): This paragraphhas been deletedbecause P045 has been permanently shut down. Paragraphs (I)(8)(a) through (I)(8)(f): These paragraphs have been deletedbecause all ofthese core machines have beenremoved. Paragraph (I)(8)(g): This paragraph, which willbecome (I)(8)(a), has been changed to indicate thatthere are only 17 core machines in the No. 10 core line. Paragraph (I)(8)(h): This paragraph, whichwill become (I)(8)(b), has been changed to indicate thatthere are only 7 core machines in the No. 11 core line. Paragraph (I)(8)(i): This paragraph has been deletedbecause all ofthese core machines havebeen removed. Paragraph (I)(9): References to P097, P380, P381, andP388 have been deleted because these emissions units have beenremoved. P419 has been addedto this paragraphbecause this paragraphrefers to the external desulfurizationprocess. P419 covers the operation ofthe external desulfurizationprocess associatedwith both cupolas 1 and 7. Also, the wording "associatedwith cupolas 1 and 7" has been added after "external desulfurization" for purposes ofclarification. (I)(10) The description ofholding furnace No.1 has been changed from an electric arc holding furnace to an inductionholding furnace. Reference to P410 has been deletedbecause this emissions unithas been removed. The following wording has been addedto this paragraph: "Alternatively, the inductionholding furnace No.1 (P099) currently ventedto AAF unitbaghouse may be ventedto the D unit baghouse; and in such case, the emissions from the D unitbaghouse shall not exceed 0.005 grainper actual cubic foot ofexhaust gases." In complying withthe MACT requirements, the Companyreplaced 2 existing cupolas with new cupolas. Ifthe cupolareplacementprojectis completed, P099 willbe ventedto the D unit baghouse. The allowable emissionrate forthe D unitbaghouse is slightlyhigher than the allowable emissionrate for the AAF unitbaghouse (0.0055 vs. 0.0050 gr/acf). Paragraph (I)(13): The current description ofP114 as a shakeoutis incorrect. The descriptionhas been changedto "No. 1 ML cope and drag punch-up." Paragraph (I)(15): P175 has beenremoved; therefore, the wording ofthis paragraph has been deleted andreplaced withthe word "Reserved." The paragraph number 

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( has been reservedto eliminate the needto renumber subsequentparagraphs in paragraph (1). Paragraph (1)(16): Reference to Pl43 has been deletedbecause this emissions unit has beenremoved. Paragraph (1)(18): Pl43 has beenremoved; therefore, the wording ofthis paragraph has been deleted andreplaced with the word "Reserved." The paragraphnumber has been reservedto eliminate the needto renumber subsequentparagraphs in paragraph (1). Paragraph (1)(21): Pl48(mold conveyor) has been addedto this paragraphbecause it is one ofthe moldline 2 sources thatmust comply with the combined allowable emissionrate of 13.2 pounds perhour. The word "casting" has been addedbefore 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 ofPI58 in the Company's Title V permit. Paragraph (1)(23): The current description ofPI59 as "casting cleaning" is incorrect. The description has been changedto "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 beenreplacedwith "casting cooling" to be consistentwith the description ofP300 inthe Company's Title V permit. Paragraphs (1)(31) through (1)(37): Moldlines No.8 and No.1 0, and all their associated equipment, have beenremoved; therefore, the wording ofeach ofthese paragraphs has been deleted andreplaced with the word "Reserved." Each paragraph number has beenreserved to eliminatethe needto renumber subsequent paragraphs inparagraph (1). Paragraph (1)(40)(b): The current wording ofthis paragraph requires the tapping emissions from P903, whichwere uncontrolled, to be ventedto stackE-25 andthe allowable emissionrate is specified as 1.5 pounds perhour. These emissions are now ventedto the D unitbaghouse, with an allowable emissionrate of0.0055 gr/acf, and the wording ofthis paragraphhas been changed accordingly. Paragraphs (1)(41) and (1)(42): Cupola4 and cupola 5 have beenpermanently shut down; therefore, the wording ofeach ofthese paragraphs has been deleted and replaced with the word "Reserved." Eachparagraphnumber has beenreservedto eliminate the needto renumber subsequentparagraphs inparagraph (1).Page 6 Rule Number: 3745-17-12
Paragraph (I)(43)(b): In complying withthe MACTrequirements, the company reroutedthe emissions from the tapping operations associated withP907 from stack C-23 to stackB-53. This paragraphhas been changed to reflectthis change in stacks. Paragraph (1)(44): P909 has beenpermanently shut down; therefore, the wording of this paragraphhas been deleted andreplacedwith the word "Reserved." The paragraphnumberhas beenreserved to eliminate the needto renumber subsequent paragraphs inparagraph (I). Paragraph (1)(45): The description ofP9l2 has been changed from "sandmilling operation" to "sandmullors/sandhandling system" to more accurately describe the emissions unit. Also, the references to core room wet collectors 1 and 3 have been deletedbecause these scrubbers have beenpermanently shut down. Paragraph (1)(47)(a): P030, P03l andP034 have been deleted from this paragraph becausethe emissions units havebeenremoved. Also, as aresult ofthe permanent shutdown ofP045, paragraphs (a)(i) and (a)(ii) havebeen deleted, andthe 71.4 hours limitation from paragraph (a)(ii) has been moved into the introductory portion ofparagraph (47)(a). Paragraph (I)(47)(b): Most ofthe core machines associated withP053, P064, P066, P067, P094, P095, P104 and Pl07 have beenremoved. Only 25 core machines remain. P045 has beenpermanently shut down, causing the 653.4 hours limitation to be applicable; however, with only 25 core machines, the maximumnumber 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, ithas been deleted andreplaced withthe word "Reserved." The paragraphnumberhas beenreservedto eliminate the needto renumber subsequentparagraphs inparagraph (1)(47). Paragraph (1)(47)(c): References to P904 andP905 (cupolas 4 and 5) have been deletedbecause these emissions units havebeenpermanently shut down. Paragraph (I)(47)(d): Reference to mold line 10 has been deletedbecause this emissions unithas beenpermanently shut down. Paragraph (I)(47)(e): The records retention time periodhas been changed from 3 years to 5 years to be consistentwiththe Title V permitrules. Paragraph (1)(48): Reference to P170 has been deletedbecause this emissions unit has beenpermanently shut down. Reference to "the tapping operations associated with P901 andP902" has been addedto this paragraphbecause those operations are also ventedto stack G-36. The following wording has been addedto this paragraph: "Alternatively, the number2 moldline ironpouring (PI41) andthe number 3 mold line ironpouring (PI71) currently ventedto stack G-36 may be ventedto the G unit baghouse; andin such case, the emissions from the G unitbaghouse shall not 

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( exceed 0.005 grainper actual cubic foot ofexhaust gases." In complying with the MACTrequirements, the Companyreplaced 2 existing cupolas with new cupolas. Ifthe cupola replacementprojectis completed, Pl41 andP171 will be ventedto the G unitbaghouse. Paragraph (1)(49): Number 7 core line (P106) has beenpermanently shut down; therefore, the wording ofthis paragraph has been deleted andreplaced with the word "Reserved." The paragraphnumberhas beenreservedto eliminate the needto renumber subsequentparagraphs inparagraph 

### (I).
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121 .74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC) 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 suchreferences 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. CFRreferences also have been datedto identify the specific versions of the regulations being cited. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74. Referenced materials are cited, dated, andtheir availability noted inthe last paragraph ofthis rule.
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: Not applicable.
10. Ifthe 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 ofwhy filing the text or other material was infeasible: NotApplicable.Page 8 Rule Number: 3745-17-12 

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11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so: NotApplicable.
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. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time 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 ora date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact on revenues or expenditures. $0.00 Not applicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable.
15. Provide a summary ofthe estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: Some ofthe proposedrevisions for the FordMotor Company involve emission limitations and control requirements that are currentlybeing metby the company. Otherproposedrevisions simply reflectthe permanent shutdown orremoval of certain air contaminant sources by the Company. Therefore, there are no new costs ofcompliance associated with the proposedrevisions 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 mustcomplete the Environmental rule Adoption!AmendmentForm 

### in orderto 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 (FordMotor 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'vlPage 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) Ifthis 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 NotApplicable



### (

## 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 ofAirPollution 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.

RULESUMMARY 

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

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

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

### 3704.03(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 of0 RC 119.032 pertaining to 5-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe 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 locatedin Jefferson County. These additional limitations were necessary to achieve the National AmbientAir Quality Standards for PMlO. The following is a synopsis ofthe proposedchanges to rule 3745-17-13 (minor wording changes are not summarized in this synopsis): Paragraph (not applicable): A "Comment" has been added atthe beginning ofthis rule to referthe readerto the "Incorporationby Reference" paragraph in OAC rule 3745-17-01 forthe dates ofnon-regulatory governmentpublications, publications ofrecognized organizations and associations, etc. referenced inthis rule. Paragraph (B): This paragraphhas been deletedbecause International Mill Service, Incorporatedhas beenpermanently shut down. Paragraph (D): This paragraphhas been deletedbecause Standard Slag Company has beenpermanently shut down. Paragraph (E)(introductoryportion): The OEPApremise number forthe facility has been corrected and, withthe deletion ofparagraph (E)(3), the wording ofthis paragraphhas been changedto require the company to comply with the work practiceplan for FlO1. Paragraph (E)(l): This paragraphhas been deletedbecause B003 through B008 have beenpermanently shut down. Paragraph (E)(2): This paragraphhas been deletedbecause B051 has been permanently shutdown. Paragraph (E)(3): This paragraphhas been deleted, andthe requirement for F101 to comply withthe workpractice plan has been incorporated into the introductory portion ofparagraph (E). Paragraph (E)(4): This paragraph has been deletedbecause sinteris no longerused inF004. Paragraph (E)(5): This paragraph has been deletedbecause P901 andP902 have beenpermanently shut down. Paragraph (F)(introductory portion): The OEPA premise number for the facility has been corrected. Paragraph (F)(l): This paragraph has been deletedbecause B001 through B012 havebeenpermanently shut down. Paragraph (F)(3): This paragraph has been deletedbecause F003 has been permanently shut down. Paragraph (F)(4): The allowable emissionrate has been reduced from 5.5 lbs/hrto

### ( Page 3 Rule Number: 3745-17-13



## (

( 3.5 lbslhr. The more stringentallowable emissionrate is basedupon the results of recent emissiontests performed for the baghouse. Paragraph (F)(6)(introductoryportion): The wording has been changedto delete the reference to P901. This emissions unithas beenpermanently shutdown. Paragraph (F)(6)(introductoryportion) and (F)(6)(a): The visible emission limitations inparagraphs (a)(i) through (a)(iv) have been deleted, andthe introductory portion ofparagraph (a) has been changedto specify the new visible emission limitation for the blastfurnace casthouses. The new limitation, 15% opacity as a 6-minute average, is applicable to any visible emissions offugitive dust from the casthouses and is equivalentto the visible emission limitation specifiedin the PTI for the new casthouse. Paragraph (F)(6)(b): The allowable emission limitation forthe baghouse serving the casthouses has been increasedfrom .31 lblhrto 2.52 lbslhr. The new allowable emissionrate corresponds to the allowable emissionrate specified forthe baghouse inthe PTI thatwas issued forthe rebuild ofthe blast furnace. Paragraph (F)(6)(c): The allowable emission limitation for the flare servingthe clean gas bleeders has been increased from .48 lblhrto 1.63 lbslhr. The new allowable emissionrate corresponds to the allowable emissionrate specified forthe flare in the PTI thatwas issuedfor the rebuild ofthe blast furnace. Paragraph (F)(6)(d): P901 has been deleted from this paragraphbecause ithas been permanently shut down. The allowable emission limitation forthe stove stacks serving P903 has beenreduced from 3.5 lbslhrto 2.95lbslhr. The new allowable emission rate corresponds to the allowable emissionrate specified forthe stove stacks in the PTI thatwas issued for the rebuild ofthe blast furnace. Paragraph (F)(6)(e): This paragraphhas been changedto referto only oneblast furnace because one ofthe blast furnaces has beenpermanently shut down. In addition, the allowable maximum daily productionrate for the remaining blast furnace has beenreduced from 5,000 nettons ofmetal/day to 4,000 nettons of metal/day to be consistentwith the maximum dailyproductionrate specifiedinthe PTI thatwas issued for the rebuild ofthe blast furnace. Paragraph (F)(7): The allowable emission rate has beenreduced from 21.48lbslhr to 8.86 lbslhr. The more stringent allowable emissionrate is baseduponthe results ofrecent emissiontests performed forthe scrubbers serving the BOFs. Paragraph (F)(8): The allowable emissionrate has beenreduced from 5.0 lbslhrto 3.71lbslhr. The more stringent allowable emissionrate is basedupon the results of recent emissiontests performed for the baghouse serving the desulfurization station. Paragraph (G): This paragraphhas been deletedbecause it is notnecessary. AllPage 4 Rule Number: 3745-17-13
unpavedroadways mustbe controlledpursuantto the workpractice planreferenced inthis rule and included as an appendix.

. A.l ofthe Appendix (workpracticeplan): The allowable PMlO emission limitation for roadways andparking areas at the Steubenville facility, thatmustbe achieved through the implementation ofthe workpractice plan, has been increased slightly from 1.35 lbs/hrto 1.721bs/hr. This change reflects modifications ofthe traffic patterns and vehicle-type distribution atthe facility. A.2 ofthe Appendix (workpracticeplan): The allowable PMI0 emission limitation forroadways andparking areas atthe Mingo Junction facility, thatmustbe achievedthrough the implementation ofthe workpracticeplan, has been increased from 4.911bs/hrto 7.67 lbs/hr. This change reflects modifications ofthe traffic patterns andvehicle-type distribution atthe facility.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC). 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 testmethods andprocedures usedto measure the sulfur contentofresidual fuel oil. These testmethods andprocedures are commonly known andutilizedby the testing firms, laboratories, andregulated entities thatperform this analytical work. Copies ofthese testmethods and procedures are available through libraries andthe ASTM website. Appendix B ofthis rule also contains areference to USEPA's document entitled "Control ofOpenFugitive Dust Sources" (EPA-450/3-88-008). Copies ofthis documentmay be obtainedby writing to or calling USEPA's Office ofAir Quality Planning and Standards in Research Triangle Park, NC. The address andphone number are provided in OAC rule 3745-17-01. All referencedmaterials are cited, dated, andtheir availability noted inthe last paragraph ofOAC rule 3745-17-01.
9. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was 

### (

(

### ( Page 5
infeasible: Not applicable. Rule Number: 3745-17-13



## (

( 10. Ifthe rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; ifnone, please state so: NotApplicable.
12.119.032 Rule Review Date: 9/12/2007 and 02/0112013 (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date forAmended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANAL YSIS 13. Estimate the total amount by which thisproposedrule would increase I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget of your agency/department. This will have no impact onrevenues 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 oridentify certain air contaminant sources thathave been permanently shut down by the company. Otherproposedrevisions ofthis rule simply reflectthe permanent shutdown ofInternational Mill Services, Incorporated and Standard Slag Company. Therefore, there are no new costs ofcompliance associated with the proposedrevisions 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 Youmust complete the Environmental rule Adoption!AmendmentForm in orderto comply with Am. Sub. 106 ofthe 121stGeneral 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 ofthe 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 submittedonbehalfofWheeling-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
Corporationby 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 stringentthan its federal counterpart? No


### (0) Ifthis 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 NotApplicable 

### (

{ \

## 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 ofAirPollution 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,

RULESUMMARY 

## ( 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-yearrule reviews.
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule:
This rule specifies contingencyplan 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 AMPage 2 Rule Number: 3745-17-14

matter emissions that are locatedwithin Cuyahoga andJefferson Counties. An affected source must comply with the more stringentemission limitations inthe rule ifambientair quality monitoring documents aviolation ofthe National AmbientAir Quality Standards for PMIO inthe County in whichthe source is located. The following is a synopsis ofthe proposedchanges to rule 3745-17-14 (minor wording changes are not summarized inthis synopsis): Paragraph (A)(5): The term "total suspendedparticulates" has been deleted and replaced with "PMlO." A new defInition for PMlO has been addedto proposedrule 3745-17-01, andthe defInition for "total suspendedparticulates" has been deleted from thatrule. Paragraph (C): The term "total suspendedparticulates" has been deleted and replacedwith "PMI0." Also, because USEPA has rescindedthe annual PM10National AmbientAir Quality Standards, this paragraphhas beenrevisedto delete the references to the annual average ambient air concentration as apossible "trigger" for implementation ofthe contingency measures required inparagraph (A) ofthe rule. Paragraph (E): The term "total suspendedparticulates" has been deleted and replacedwith "PMI0." Also, the reference to the defInition inproposedrule 3745-17-01 has been changed from paragraph (B)(26) to paragraph (B)(l6), which is the defmition for PMlO.
8. Ifthe rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 

### 121.71 to 

### 121.74 ofthe Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This rule contains references to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). 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. Ifthe rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text or other material electronically was infeasible: 

## (

(Page 3

Not applicable. Rule Number: 3745-17-14

10. Ifthe rule is being rescinded and incorporates a text or othermaterial by reference, and it was infeasible for the agency to file the text or other material, provide an explanation ofwhy filing the text or other material was infeasible: NotApplicable.
11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: NotApplicable.
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. Ifyou answered YES to No.1, the review date for this rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANAL YSIS 13. Estimate the total amount by which 

### this proposedrule would increase 

### I decrease either revenues 

### Iexpenditures for the agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. This will have no impact onrevenues or expenditures. $0.00 Not applicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: Not applicable.
15. Provide a summary ofthe estimated cost of compliance with the rule to allPage 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 affectthe stringency ofthe control requirements specified in this rule; therefore, there are no new costs ofcompliance associated with theproposedrevisions 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 mustcomplete the Environmental rule Adoption/AmendmentForm in orderto comply with Am. Sub. 1060fthe 121stGeneral 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 ofthe 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 CFRPart 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 LOIMay 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 orto participate in a federal environmental program? Yes 

### Is the proposed rule or rule amendment more stringent than its federal counterpart? No


### (0) Ifthis 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 NotApplicable