Environmental

Protection Agency

.John Kasich, Governor

Mary Taylor, Lt Governor

Scott J. Nally, Director

JUN 01 2011

Ms. Susan Hedman

Acting Regional Administrator

U.S. EPA Region 5

77 W. Jackson Blvd.

Chicago, IL 60604

Re: Request for Approval of amended rules under Chapters 3745-21, 3745-72, and

3745-110 of the Ohio Administrative Code as part of the Ohio State Implementation

Plan (SIP).

Dear Ms. Hedman:

This letter is intended to fulfill the requirement in 40 CFR Part 51, Appendix V, Section

2.1 (a) for a formal letter of submittal from the Governor or his designee, requesting EPA

approval of a SIP revision.

The Ohio EPA has adopted the following new rules under Chapter 3745-21 of the Ohio

Administrative Code (OAC) pursuant to Control Technique Guidelines (CTG's) issued by

U.S. EPA in September, 2008:

1.

2.

3.

OAC rule 3745-21-27

OAC rule 3745-21-28

OAC rule 3745-21-29

(Fiberglass boat manufacturing)

(Miscellaneous industrial adhesives)

(Automobile and light-duty truck assembly coatings)

The Ohio EPA has adopted the following amended rules under Chapters 3745-21,3745-

72, and 3745-110 of the Ohio Administrative Code (OAC):

1.

2.

3.

4.

OAC rule 3745-21-01

OAC rule 3745-21-09

OAC rule 3745-21-21

OAC rule 3745-21-23

(Definitions)

(Control of volatile organic compound emissions from

stationary sources)

(Storage of volatile organic liquids in fixed roof tanks

and external floating roof tanks)

(Industrial cleaning solvents)

50 West Town street, Suite 700

P.O. Box 1049

Columbus,OH 43216-1049

6141 644 3020

614 I 644 3184 (fax)

www.epa.ohio.goY
OAC Chapters 3745-21,3745-72, and 3745-110

SIP Submittal Request to Ms. Susan Hedman 2

5. OAC rule 3745-21-24 (Flat wood paneling coatings)

6. OAC rule 3745-72-02 (Definitions)

7. OAC rule 3745-72-05 (Liability)

8. OAC rule 3745-72-06 (Defenses)

9. OAC rule 3745-110-01 (Definitions)

10. OAC rule 3745-110-03 (RACT limitations for emissions of NOx from stationary

sources)

With respect to the CTG titled "Miscellaneous Metal and Plastic Parts

Coatings" Ohio EPA is in the process of finalizing this rule and will submit this rule as a SIP

revision to U.S. EPA in the near future.

Ohio EPA is requesting that U.S. EPA approve the new rules and amendments to existing

rules for incorporation into our SIP.

The following documents are attached for your consideration per the requirements of 40

CFR Part 51, Appendix V, Section 2.1:

Article One addresses the following two requirements:

40 CFR Part 51, Appendix V, Section 2.1(b)

Evidence that the State has adopted the plan in the State code or body of regulations;

or issued the permit, order, consent agreement (hereafter "document") in final form.

That evidence shall include the date of adoption or final issuance as well as the

effective date of the plan, if different from the adoptionlissuance date.

40 CFR Part 51, Appendix V, Section 2.1(d)

A copy of the actual regulation, or document submitted for approval and incorporation

by reference into the plan, including indication of the changes made to the existing

approved plan, where applicable. The submittal shall be a copy of the official State

regulation /document signed, stamped, and dated by the appropriate State official

indicating that it is fully enforceable by the State. The effective date of the

regulation/document shall, whenever possible, be indicated in the document itself.

Certified copies of these rules, in redline and strikeout, are being submitted for approval

and incorporation by reference into the plan. The copies are included as evidence that the

State has adopted the body of regulations in final form. This submittal includes copies of

the official State regulations signed, stamped, and dated by the appropriate State official

indicating that it is fully enforceable by the State. The effective date of each regulation is
OAC Chapters 3745-21, 3745-72, and 3745-110

SIP Submittal Request to Ms. Susan Hedman 3

indicated in the document itself. Please consider that Ohio has an electronic rules filing

system and all certifications/signatures of regulations are done electronically.

Article Two provides the following information:

Copies of the public notice and Director's Findings & Orders have been included as

evidence of the date of adoption as well as the effective date of the regulations and

evidence that public notice was given of the proposed changes consistent with procedures

approved by EPA, including the date of publication of such notice.

Article Three addresses the following requirement:

40 CFR Part 51, Appendix V, Section 2.1(c)

Evidence that the State has the necessary legal authority under State law to adopt

and implement the plan. RACT limitations for emissions of NOx from stationary

sources

Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) of Section

3704.03 of the Ohio Revised Code (ORC) to enact these rules. Copies of these sections

of the ORC can be provided upon request.

Article Four addresses the following two requirements:

40 CFR Part 51, Appendix V, Section 2.1(e)

Evidence that the State followed all of the procedural requirements of the State's laws

and constitution in conducting and completing the adoption/issuance of the plan.

40 CFR Part 51, Appendix V, Section 2.1 (f)

Evidence that public notice was given of the proposed change consistent with

procedures approved by EPA, including the date of publication of such notice.

Ohio EPA has included a narrative and several attachments as evidence that the State

followed all of the procedural requirements of the State's laws and constitution in

conducting and completing the adoptionlissuance of the plan.

Article Five

40 CFR Part 51, Appendix V, Section 2.1 (g)

Certification that public hearings were held in accordance with the information

provided in the public notice and the State's laws and constitution, if applicable.
OAC Chapters 3745-21, 3745-72, and 3745-110

SIP Submittal Request to Ms. Susan Hedman 4

A copy of the transcript from the public hearing has been provided as evidence of

certification that a public hearing was held in accordance with the information provided in

the public notice and the State's laws and constitution, if applicable.

Article Six

40 CFR Part 51, Appendix V, Section 2.1 (h)

Compilation of public comments and the State's response thereto.

Copies of the Response to Comments documents for both the draft language and

proposed language comment periods are attached.

Article Seven

40 CFR Part 51, Appendix V, Section 2.2(c)

Quantification of the changes in plan allowable emissions from the affected

sources.

Copies of the technical supporting documentation upon which the new facility specific

RACT determinations in OAC rule 3745-110-03 were based are attached.

This SIP submittal is a part of Ohio EPA's effort to achieve the 2008 ozone standard. We

would greatly appreciate it if U.S. EPA would expedite the review of this material, and

approve these amended rules into Ohio's SIP. Please contact Bob Hodanbosi (614-644-

3585) if you have any questions about this submittal.

Sincerely,

~t~y Director

xc: Bob Hodanbosi, Chief, Division of Air Pollution Control

Jennifer Hunter, DAPC

Tom Kalman, DAPC

John Summerhays, USEPA Region 5

Attachment