Environmental Protection Agency .JohnKasich, Governor Mary Taylor, Lt Governor ScottJ. 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 underChapters 3745-21, 3745-72, and 3745-110 ofthe Ohio Administrative Code as partofthe 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 letterofsubmittal from the Governoror his designee, requesting EPA approval ofa SIP revision. The Ohio EPA has adopted the following new rules under Chapter 3745-21 of the Ohio Administrative Code (OAC) pursuantto 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-dutytruck assembly coatings) The Ohio EPA has adopted the following amended rules underChapters 3745-21,3745- 72, and 3745-110 ofthe 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 rooftanks) (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.goYOAC 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 limitationsforemissions of NOxfrom stationary sources) With respectto the CTG titled "Miscellaneous Metal and Plastic Parts Coatings" Ohio EPAis in the process offinalizing this rule and will submitthis rule as aSIP revision to U.S. EPA in the nearfuture. Ohio EPA is requestingthat U.S. EPAapprovethe new rules and amendmentsto existing rules for incorporation into our SIP. The following documents are attached foryour consideration perthe requirements of40 CFR Part 51, AppendixV, Section 2.1: Article One addresses the following two requirements: 40 CFR Part 51, Appendix V, Section 2.1(b) Evidencethatthe State hasadopted the plan in the State codeorbodyofregulations; 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 ofthe plan, ifdifferentfrom the adoptionlissuance date. 40 CFR Part 51, Appendix V, Section 2.1(d) Acopyofthe actual regulation, ordocumentsubmittedforapproval 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 ofthe 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 ofthese rules, in redline and strikeout, are being submitted for approval and incorporation byreference intothe plan. The copies are included as evidencethatthe State has adopted the bodyof regulations in final form. This submittal includes copies of the official State regulations signed, stamped, and dated bythe appropriate State official indicating that it is fully enforceable bythe State. The effective date ofeach regulation isOAC Chapters 3745-21, 3745-72, and 3745-110 SIP Submittal Request to Ms. Susan Hedman 3

indicated in the document itself. Please considerthat 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 evidencethat public noticewasgiven ofthe proposed changes consistentwith 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 lawto 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) ofSection 3704.03 ofthe Ohio Revised Code (ORC) to enactthese rules. Copies ofthese sections ofthe ORC can be provided upon request. Article Fouraddresses the following two requirements: 40 CFR Part 51, Appendix V, Section 2.1(e) Evidencethatthe Statefollowed all ofthe procedural requirementsoftheState'slaws and constitution in conducting and completing the adoption/issuance ofthe 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 ofthe 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, ifapplicable.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 accordancewith the information provided in the public notice and the State's laws and constitution, ifapplicable. 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, AppendixV, Section 2.2(c) Quantification ofthe changes in plan allowable emissionsfrom 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 partofOhio EPA's effortto achievethe 2008 ozone standard. We would greatly appreciate it if U.S. EPA would expedite the review ofthis material, and approve these amended rules into Ohio's SIP. Please contact Bob Hodanbosi (614-644- 3585) ifyou have any questions aboutthis submittal. Sincerely,

# ~t~y Director

xc: Bob Hodanbosi, Chief, Division ofAir Pollution Control Jennifer Hunter, DAPC Tom Kalman, DAPC John Summerhays, USEPA Region 5 Attachment