Article IV 

Evidence Ohio EPA 

Followed Rule Adoption 

Procedures 

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Evidenc e Ohi o EP A Followe d Rul e Adoptio n Procedure s 

Ohio Revised Code ("ORC") 119.03, "Procedures for adoption, amendment, or 

recission of rules; finding that fiscal analysis is incomplete or inaccurate," outlines the 

requirements Ohio EPA must follow during the rule-making process (Attachment A). 

Ohio EPA fully complied with the requirements ofthis law and has provided evidence 

on the major requirements below: 

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

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

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

Register when rules are proposed. As can be viewed by the Public Hearing 

notice (Attachment F), the Public Hearing notice was placed in the Ohio Register 

on July 3, 2007. Ohio EPA held a public hearing on August 10, 2007. This 

hearing were held 38 days after the notice was placed in the register. The OR C 

119.03 requirements for public notice contents were met as evidenced by 

comparing the public notice and OR C 119.03 (A)(1)-(4). In addition to the 

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

newspaper in major newspapers throughout the state (Attachment C). 

2. OR C 119.03(B): The required materials must be filed with the secretary of state 

and the director ofthe legislative service commission ("LSC"). 

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

required elements have been uploaded on the system and the package is 

proposed. This letter is included (Attachment D). 

Ohio EPA also complied with all requirements for incorporated materials as can 

be evidenced by the "Incorporation by Reference" section at the end of Ohio 

Administrative Code ("OAC") 3745-31-01 and the answers to questions eight and 

nine of each ofthe Rule Summary and Fiscal Analysis (RSFA) documents. Each 

rule's RSFAs are included (Attachment E). 

3. OR C 119.03(C): Conduct public hearings as advertised. 

Ohio EPA conducted the public hearing as identified in the Public Hearing notice. 

We have provided a copy ofthe hearing's transcript as evidence in Article Five. 

4. OR C 119.03(D): After the period of time when legislative review and invalidation 

may occur expires, the agency may issue an order adopting the rules. 

The Joint Committee on Agency Rule Review (JCARR) oversees agency rule 

making in Ohio. A hearing was held with JCAR R on November 13, 2007 (OAC 

rule 3745-31-01 only) and May 12, 2008 (all rules except OAC rule 3745-31-01) 

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where these rules were placed on the consent agenda as item 20 and 17, 

respectively (Attachment G). No testimony, questions or invalidation ofthe rules 

occurred during this hearing. JCAR R jurisdiction expired on November 22, 2007 

(OAC rule 3745-31-01 only) and June 1, 2008 (all rules except OAC rule 3745-

31-01) as evidenced by the JCAR R consent agenda. 

Ohio EPA issued the order to adopt the rules on December 4, 2007 (OAC rule 

3745-31-01 only) and June 2, 2008 (all rules except OAC rule 3745-31-01) as 

evidenced by the Director's Findings & Orders and the Public Notice (both 

contained in Article 2). The Secretary ofthe State and Director ofthe LSC once 

again received a letter of notice (Attachment H). 

5. OR C 119.03(E): Provide notice to public prior to effective date of rules. 

Ohio EPA provided an update ofthe adoption ofthe rules through the Register of 

Ohio, the Ohio EPA website and through an e-mail notice to all interested parties 

on December 4, 2007 (OAC rule 3745-31-01 only) and June 2, 2008 (all rules 

except OA C rule 3745-31-01) (Attachment I). 

O RC 121.39, "Provisions applicable to proposed legislation or administrative rules 

concerning environmental protection," imposes further requirements for interested party 

review specific to environmental rule adoption (Attachment B). Ohio EPA fully complied 

with the requirements ofthis law and has provided evidence on the major requirements 

below: 

1. OR C 121.39(B): Legislation dealing with the environment must be accompanied 

by a statement identifying if it is necessary to comply with a federal requirement. 

It must also include information on the estimated cost of compliance. 

The RSFA and Environmental Rule Adoption/Amendment Form ("ERAF") 

documents are automatically generated questions that are part ofthe State's 

electronic rule filing system (Attachment E). The questions are intended to 

address the items in ORC 121.39. As evidenced in Question 6 ofthe RSFA 

documents and item (C) ofthe ERAF for each rule, Ohio EPA stated the 

adoption of these rules, or a version as stringent as, is required by U.S. EPA. 

The RSFA documents also contain a section entitled "Fiscal Analysis" which 

addresses potential costs. Our responses met the requirements ofthis law as 

evidenced in the consent by JCAR R who reviews these documents. 

2. OR C 121.39(D): Prior to adopting any environmental rule, the agency must 

consult with interested parties, consider all documentation relevant to the need 

for the rule making, identify any need to adopt in order to maintain approval to 

administer a federal environmental law, and it must include an RSFA. 

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On March 14, 2007, Ohio EPA notified interested parties via e-mail (Attachment 

J) ofthe draft rule language, including a synopsis ofthe changes. We provided 

a 38-day comment period. The interested parties list is attached (Attachment K). 

As evidenced in item (C) of the ERAF for each rule, Ohio EPA stated the 

adoption of these rules is required in order to maintain approval to administer a 

federal environmental law. 

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

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

identified those documents in list form. 

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Article IV 

Attachment A 

ORC 119.03 

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119.03 Procedure for adoption, amendment, or rescission 

of rules. 

In the adoption, amendment, or rescission of any rule, an agency shall comply with the following 

procedure: 

(A) Reasonable public notice shall be given in the register of Ohio at least thirty days prior to the date 

set for a hearing, in the form the agency determines. The agency shall file copies of the public notice 

under division (B) of this section. (The agency gives public notice in the register of Ohio when the 

public notice is published in the register under that division.) 

The public notice shall include: 

(1) A statement ofthe agency's intention to consider adopting, amending, or rescinding a rule; 

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the 

subject matter to which the proposed rule, amendment, or rescission relates; 

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule; 

(4) The date, time, and place of a hearing on the proposed action, which shall be not earlier than the 

thirty-first nor later than the fortieth day after the proposed rule, amendment, or rescission is filed 

under division (B) ofthis section. 

In addition to public notice given in the register of Ohio, the agency may give whatever other notice it 

reasonably considers necessary to ensure notice constructively is given to all persons who are subject 

to or affected by the proposed rule, amendment, or rescission. 

The agency shall provide a copy of the public notice required under division (A) of this section to any 

person who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing. 

(B) The full text of the proposed rule, amendment, or rule to be rescinded, accompanied by the public 

notice required under division (A) of this section, shall be filed in electronic form with the secretary of 

state and with the director of the legislative service commission. (If in compliance with this division an 

agency files more than one proposed rule, amendment, or rescission at the same time, and has 

prepared a public notice under division (A) of this section that applies to more than one of the 

proposed rules, amendments, or rescissions, the agency shall file only one notice with the secretary of 

state and with the director for all of the proposed rules, amendments, or rescissions to which the 

notice applies.) The proposed rule, amendment, or rescission and public notice shall be filed as 

required by this division at least sixty-five days prior to the date on which the agency, in accordance 

with division (D) ofthis section, issues an order adopting the proposed rule, amendment, or rescission. 

If the proposed rule, amendment, or rescission incorporates a text or other material by reference, the 

agency shall comply with sections 121.71 to 121.76 ofthe Revised Code. 

The proposed rule, amendment, or rescission shall be available for at least thirty days prior to the date 

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of the hearing at the office of the agency in printed or other legible form without charge to any person 

affected by the proposal. Failure to furnish such text to any person requesting it shall not invalidate 

any action ofthe agency in connection therewith. 

If the agency files a substantive revision in the text of the proposed rule, amendment, or rescission 

under division (H) of this section, it shall also promptly file the full text of the proposed rule, 

amendment, or rescission in its revised form in electronic form with the secretary of state and with the 

director of the legislative service commission. 

The agency shall file the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of 

the Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission or 

proposed rule, amendment, or rescission in revised form that is filed with the secretary of state or the 

director ofthe legislative service commission. 

The director of the legislative service commission shall publish in the register of Ohio the full text of 

the original and each revised version of a proposed rule, amendment, or rescission; the full text of a 

public notice; and the full text of a rule summary and fiscal analysis that is filed with the director under 

this division. 

(C) On the date and at the time and place designated in the notice, the agency shall conduct a public 

hearing at which any person affected by the proposed action of the agency may appear and be heard 

in person, by the person's attorney, or both, may present the person's position, arguments, or 

contentions, orally or in writing, offer and examine witnesses, and present evidence tending to show 

that the proposed rule, amendment, or rescission, if adopted or effectuated, will be unreasonable or 

unlawful. An agency may permit persons affected by the proposed rule, amendment, or rescission to 

present their positions, arguments, or contentions in writing, not only at the hearing, but also for a 

reasonable period before, after, or both before and after the hearing. A person who presents a position 

or arguments or contentions in writing before or after the hearing is not required to appear at the 

hearing. 

At the hearing, the testimony shall be recorded. Such record shall be made at the expense of the 

agency. The agency is required to transcribe a record that is not sight readable only if a person 

requests transcription of all or part of the record and agrees to reimburse the agency for the costs of 

the transcription. An agency may require the person to pay in advance all or part of the cost of the 

transcription. 

In any hearing under this section the agency may administer oaths or affirmations. 

(D) After complying with divisions (A), (B), (C), and (H) of this section, and when the time for 

legislative review and invalidation under division (I) ofthis section has expired, the agency may issue 

an order adopting the proposed rule or the proposed amendment or rescission of the rule, consistent 

with the synopsis or general statement included in the public notice. At that time the agency shall 

designate the effective date of the rule, amendment, or rescission, which shall not be earlier than the 

tenth day after the rule, amendment, or rescission has been filed in its final form as provided in section 

119.04 of the Revised Code. 

(E) Prior to the effective date of a rule, amendment, or rescission, the agency shall make a reasonable 

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effort to inform those affected by the rule, amendment, or rescission and to have available for 

distribution to those requesting it the full text of the rule as adopted or as amended. 

(F) If the governor, upon the request of an agency, determines that an emergency requires the 

immediate adoption, amendment, or rescission of a rule, the governor shall issue an order, the text of 

which shall be filed in electronic form with the agency, the secretary of state, the director of the 

legislative service commission, and the joint committee on agency rule review, that the procedure 

prescribed by this section with respect to the adoption, amendment, or rescission of a specified rule is 

suspended. The agency may then adopt immediately the emergency rule, amendment, or rescission 

and it becomes effective on the date the rule, amendment, or rescission, in final form and in 

compliance with division (A)(2) of section 119.04 ofthe Revised Code, are filed in electronic form with 

the secretary of state, the director of the legislative service commission, and the joint committee on 

agency rule review. If all filings are not completed on the same day, the emergency rule, amendment, 

or rescission shall be effective on the day on which the latest filing is completed. The director shall 

publish the full text ofthe emergency rule, amendment, or rescission in the register of Ohio. 

The emergency rule, amendment, or rescission shall become invalid at the end of the ninetieth day it is 

in effect. Prior to that date the agency may adopt the emergency rule, amendment, or rescission as a 

nonemergency rule, amendment, or rescission by complying with the procedure prescribed by this 

section for the adoption, amendment, and rescission of nonemergency rules. The agency shall not use 

the procedure of this division to readopt the emergency rule, amendment, or rescission so that, upon 

the emergency rule, amendment, or rescission becoming invalid under this division, the emergency 

rule, amendment, or rescission will continue in effect without interruption for another ninety-day 

period, except when division (I)(2)(a) of this section prevents the agency from adopting the 

emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission within 

the ninety-day period. 

This division does not apply to the adoption of any emergency rule, amendment, or rescission by the 

tax commissioner under division (C)(2) of section 5117.02 ofthe Revised Code. 

(G) Rules adopted by an authority within the department of job and family services for the 

administration or enforcement of Chapter 4141. of the Revised Code or of the department of taxation 

shall be effective without a hearing as provided by this section if the statutes pertaining to such agency 

specifically give a right of appeal to the board of tax appeals or to a higher authority within the agency 

or to a court, and also give the appellant a right to a hearing on such appeal. This division does not 

apply to the adoption of any rule, amendment, or rescission by the tax commissioner under division 

(C)(1) or (2) of section 5117.02 of the Revised Code, or deny the right to file an action for declaratory 

judgment as provided in Chapter 2721. of the Revised Code from the decision of the board of tax 

appeals or of the higher authority within such agency. 

(H) When any agency files a proposed rule, amendment, or rescission under division (B) of this 

section, it shall also file in electronic form with the joint committee on agency rule review the full text 

of the proposed rule, amendment, or rule to be rescinded in the same form and the public notice 

required under division (A) of this section. (If in compliance with this division an agency files more 

than one proposed rule, amendment, or rescission at the same time, and has given a public notice 

under division (A) ofthis section that applies to more than one ofthe proposed rules, amendments, or 

rescissions, the agency shall file only one notice with the joint committee for all of the proposed rules, 

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amendments, or rescissions to which the notice applies.) If the agency makes a substantive revision in 

a proposed rule, amendment, or rescission after it is filed with the joint committee, the agency shall 

promptly file the full text of the proposed rule, amendment, or rescission in its revised form in 

electronic form with the joint committee. The latest version of a proposed rule, amendment, or 

rescission as filed with the joint committee supersedes each earlier version of the text of the same 

proposed rule, amendment, or rescission. An agency shall file the rule summary and fiscal analysis 

prepared under section 121.24 or 127.18 of the Revised Code, or both, in electronic form along with a 

proposed rule, amendment, or rescission, and along with a proposed rule, amendment, or rescission in 

revised form, that is filed under this division. 

This division does not apply to: 

(1) An emergency rule, amendment, or rescission; 

(2) Any proposed rule, amendment, or rescission that must be adopted verbatim by an agency 

pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue 

the operation of a federally reimbursed program in this state, so long as the proposed rule contains 

both of the following: 

(a) A statement that it is proposed for the purpose of complying with a federal law or rule; 

(b) A citation to the federal law or rule that requires verbatim compliance. 

If a rule or amendment is exempt from legislative review under division (H)(2) of this section, and if 

the federal law or rule pursuant to which the rule or amendment was adopted expires, is repealed or 

rescinded, or otherwise terminates, the rule or amendment, or its rescission, is thereafter subject to 

legislative review under division (H) of this section. 

(I)(l) The joint committee on agency rule review may recommend the adoption of a concurrent 

resolution invalidating a proposed rule, amendment, rescission, or part thereof if it finds any of the 

following: 

(a) That the rule-making agency has exceeded the scope of its statutory authority in proposing the 

rule, amendment, or rescission; 

(b) That the proposed rule, amendment, or rescission conflicts with another rule, amendment, or 

rescission adopted by the same or a different rule-making agency; 

(c) That the proposed rule, amendment, or rescission conflicts with the legislative intent in enacting 

the statute under which the rule-making agency proposed the rule, amendment, or rescission; 

(d) That the rule-making agency has failed to prepare a complete and accurate rule summary and 

fiscal analysis ofthe proposed rule, amendment, or rescission as required by section 121.24 or 127.18 

of the Revised Code, or both, or that the proposed rule, amendment, or rescission incorporates a text 

or other material by reference and either the rule-making agency has failed to file the text or other 

material incorporated by reference as required by section 121.73 ofthe Revised Code or, in the case of 

a proposed rule or amendment, the incorporation by reference fails to meet the standards stated in 

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section 121.72, 121.75, or 121.76 ofthe Revised Code. 

The joint committee shall not hold its public hearing on a proposed rule, amendment, or rescission 

earlier than the forty-first day after the original version ofthe proposed rule, amendment, or rescission 

was filed with the joint committee. 

The house of representatives and senate may adopt a concurrent resolution invalidating a proposed 

rule, amendment, rescission, or part thereof. The concurrent resolution shall state which ofthe specific 

rules, amendments, rescissions, or parts thereof are invalidated. A concurrent resolution invalidating a 

proposed rule, amendment, or rescission shall be adopted not later than the sixty-fifth day after the 

original version of the text of the proposed rule, amendment, or rescission is filed with the joint 

committee, except that if more than thirty-five days after the original version is filed the rule-making 

agency either files a revised version of the text of the proposed rule, amendment, or rescission, or 

revises the rule summary and fiscal analysis in accordance with division (I)(4) of this section, a 

concurrent resolution invalidating the proposed rule, amendment, or rescission shall be adopted not 

later than the thirtieth day after the revised version of the proposed rule or rule summary and fiscal 

analysis is filed. If, after the joint committee on agency rule review recommends the adoption of a 

concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof, the house 

of representatives or senate does not, within the time remaining for adoption of the concurrent 

resolution, hold five floor sessions at which its journal records a roll call vote disclosing a sufficient 

number of members in attendance to pass a bill, the time within which that house may adopt the 

concurrent resolution is extended until it has held five such floor sessions. 

Within five days after the adoption of a concurrent resolution invalidating a proposed rule, amendment, 

rescission, or part thereof, the clerk of the senate shall send the rule-making agency, the secretary of 

state, and the director of the legislative service commission in electronic form a certified text of the 

resolution together with a certification stating the date on which the resolution takes effect. The 

secretary of state and the director of the legislative service commission shall each note the invalidity of 

the proposed rule, amendment, rescission, or part thereof, and shall each remove the invalid proposed 

rule, amendment, rescission, or part thereof from the file of proposed rules. The rule-making agency 

shall not proceed to adopt in accordance with division (D) of this section, or to file in accordance with 

division (B)(1) of section 111.15 of the Revised Code, any version of a proposed rule, amendment, 

rescission, or part thereof that has been invalidated by concurrent resolution. 

Unless the house of representatives and senate adopt a concurrent resolution invalidating a proposed 

rule, amendment, rescission, or part thereof within the time specified by this division, the rule-making 

agency may proceed to adopt in accordance with division (D) of this section, or to file in accordance 

with division (B)(1) of section 111.15 of the Revised Code, the latest version of the proposed rule, 

amendment, or rescission as filed with the joint committee. If by concurrent resolution certain of the 

rules, amendments, rescissions, or parts thereof are specifically invalidated, the rule-making agency 

may proceed to adopt, in accordance with division (D) of this section, or to file in accordance with 

division (B)(1) of section 111.15 of the Revised Code, the latest version of the proposed rules, 

amendments, rescissions, or parts thereof as filed with the joint committee that are not specifically 

invalidated. The rule-making agency may not revise or amend any proposed rule, amendment, 

rescission, or part thereof that has not been invalidated except as provided in this chapter or in section 

111.15 of the Revised Code. 

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(2) (a) A proposed rule, amendment, or rescission that is filed with the joint committee under division 

(H) of this section or division (D) of section 111.15 of the Revised Code shall be carried over for 

legislative review to the next succeeding regular session of the general assembly if the original or any 

revised version of the proposed rule, amendment, or rescission is filed with the joint committee on or 

after the first day of December of any year. 

(b) The latest version of any proposed rule, amendment, or rescission that is subject to division (I)(2) 

(a) of this section, as filed with the joint committee, is subject to legislative review and invalidation in 

the next succeeding regular session of the general assembly in the same manner as if it were the 

original version of a proposed rule, amendment, or rescission that had been filed with the joint 

committee for the first time on the first day of the session. A rule-making agency shall not adopt in 

accordance with division (D) of this section, or file in accordance with division (B)(1) of section 111.15 

of the Revised Code, any version of a proposed rule, amendment, or rescission that is subject to 

division (I)(2)(a) of this section until the time for legislative review and invalidation, as contemplated 

by division (I)(2)(b) ofthis section, has expired. 

(3) Invalidation of any version of a proposed rule, amendment, rescission, or part thereof by 

concurrent resolution shall prevent the rule-making agency from instituting or continuing proceedings 

to adopt any version of the same proposed rule, amendment, rescission, or part thereof for the 

duration of the general assembly that invalidated the proposed rule, amendment, rescission, or part 

thereof unless the same general assembly adopts a concurrent resolution permitting the rule-making 

agency to institute or continue such proceedings. 

The failure of the general assembly to invalidate a proposed rule, amendment, rescission, or part 

thereof under this section shall not be construed as a ratification ofthe lawfulness or reasonableness of 

the proposed rule, amendment, rescission, or any part thereof or of the validity of the procedure by 

which the proposed rule, amendment, rescission, or any part thereof was proposed or adopted. 

(4) In lieu of recommending a concurrent resolution to invalidate a proposed rule, amendment, 

rescission, or part thereof because the rule-making agency has failed to prepare a complete and 

accurate fiscal analysis, the joint committee on agency rule review may issue, on a one-time basis, for 

rules, amendments, rescissions, or parts thereof that have a fiscal effect on school districts, counties, 

townships, or municipal corporations, a finding that the rule summary and fiscal analysis is incomplete 

or inaccurate and order the rule-making agency to revise the rule summary and fiscal analysis and 

refile it with the proposed rule, amendment, rescission, or part thereof. If an emergency rule is filed as 

a nonemergency rule before the end of the ninetieth day of the emergency rule's effectiveness, and 

the joint committee issues a finding and orders the rule-making agency to refile under division (I)(4) 

of this section, the governor may also issue an order stating that the emergency rule shall remain in 

effect for an additional sixty days after the ninetieth day of the emergency rule's effectiveness. The 

governor's orders shall be filed in accordance with division (F) of this section. The joint committee shall 

send in electronic form to the rule-making agency, the secretary of state, and the director of the 

legislative service commission a certified text of the finding and order to revise the rule summary and 

fiscal analysis, which shall take immediate effect. 

An order issued under division (I)(4) of this section shall prevent the rule-making agency from 

instituting or continuing proceedings to adopt any version of the proposed rule, amendment, 

rescission, or part thereof until the rule-making agency revises the rule summary and fiscal analysis 

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and refiles it in electronic form with the joint committee along with the proposed rule, amendment, 

rescission, or part thereof. If the joint committee finds the rule summary and fiscal analysis to be 

complete and accurate, the joint committee shall issue a new order noting that the rule-making agency 

has revised and refiled a complete and accurate rule summary and fiscal analysis. The joint committee 

shall send in electronic form to the rule-making agency, the secretary of state, and the director of the 

legislative service commission a certified text of this new order. The secretary of state and the director 

of the legislative service commission shall each link this order to the proposed rule, amendment, 

rescission, or part thereof. The rule-making agency may then proceed to adopt in accordance with 

division (D) of this section, or to file in accordance with division (B)(1) of section 111.15 of the Revised 

Code, the proposed rule, amendment, rescission, or part thereof that was subject to the finding and 

order under division (I)(4) of this section. If the joint committee determines that the revised rule 

summary and fiscal analysis is still inaccurate or incomplete, the joint committee shall recommend the 

adoption of a concurrent resolution in accordance with division (I)(l) ofthis section. 

Effective Date: 09-17-2002 

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Article IV 

Attachment B 

ORC 121.39 

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121.39 Identifying documentation that is basis for 

legislation dealing with environmental protection. 

(A) As used in this section, "environmental protection" means any ofthe following: 

(1) Protection of human health or safety, biological resources, or natural resources by preventing, 

reducing, or remediating the pollution or degradation of air, land, or water resources or by preventing 

or limiting the exposure of humans, animals, or plants to pollution; 

(2) Appropriation or regulation of privately owned property to preserve air, land, or water resources in 

a natural state or to wholly or partially restore them to a natural state; 

(3) Regulation of the collection, management, treatment, reduction, storage, or disposal of solid, 

hazardous, radioactive, or other wastes; 

(4) Plans or programs to promote or regulate the conservation, recycling, or reuse of energy, 

materials, or wastes. 

(B) Except as otherwise provided in division (E) of this section, when proposed legislation dealing with 

environmental protection or containing a component dealing with environmental protection is referred 

to a committee of the general assembly, other than a committee on rules or reference, the sponsor of 

the legislation, at the time of the first hearing of the legislation before the committee, shall submit to 

the members of the committee a written statement identifying either the documentation that is the 

basis of the legislation or the federal requirement or requirements with which the legislation is 

intended to comply. If the legislation is not based on documentation or has not been introduced to 

comply with a federal requirement or requirements, the written statement from the sponsor shall so 

indicate. 

Also at the time of the first hearing of the legislation before the committee, a statewide organization 

that represents businesses in this state and that elects its board of directors may submit to the 

members of the committee a written estimate of the costs to the regulated community in this state of 

complying with the legislation if it is enacted. 

At any hearing of the legislation before the committee, a representative of any state agency, 

environmental advocacy organization, or consumer advocacy organization or any private citizen may 

present documentation containing an estimate of the monetary and other costs to public health and 

safety and the environment and to consumers and residential utility customers, and the effects on 

property values, if the legislation is not enacted. 

(C) Until such time as the statement required under division (B) of this section is submitted to the 

committee to which proposed legislation dealing with environmental protection or containing a 

component dealing with environmental protection was referred, the legislation shall not be reported by 

that committee. This requirement does not apply if the component dealing with environmental 

protection is removed from the legislation or if two-thirds of the members of the committee vote in 

favor of a motion to report the proposed legislation. 

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(D) Except as otherwise provided in division (E) of this section, prior to adopting a rule or an 

amendment proposed to a rule dealing with environmental protection or containing a component 

dealing with environmental protection, a state agency shall do all ofthe following: 

(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 ofthe proposed rule or amendment; 

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

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

rationale for not incorporating its federal counterpart; 

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

under sections 121.24 and 127.18 of the Revised Code, when they are filed with the joint committee 

on agency rule review in accordance with division (D) of section 111.15 or division (H) of section 

119.03 ofthe Revised Code, one ofthe following in electronic form, as applicable: 

(a) The information identified under division (D)(3) of this section and, if the proposed rule or 

amendment is more stringent than its federal counterpart, as identified in that division, the 

documentation considered under division (D)(2) ofthis section; 

(b) If an amendment proposed to a rule is being adopted or amended under a state statute that 

establishes standards with which the amendment shall comply, and the proposed amendment is more 

stringent than the rule that it is proposing to amend, the documentation considered under division (D) 

(2) of this section; 

(c) If division (D)(4)(a) or (b) of this section is not applicable, the documentation considered under 

division (D)(2) ofthis section. 

If the agency subsequently files a revision of such a proposed rule or amendment in accordance with 

division (D) of section 111.15 or division (H) of section 119.03 ofth e Revised Code, the revision shall 

be accompanied in electronic form by the applicable information or documentation. 

Division (D) of this section does not apply to any emergency rule adopted under division (B)(2) of 

section 111.15 or division (F) of section 119.03 of the Revised Code, but does apply to any such rule 

that subsequently is adopted as a nonemergency rule under either of those divisions. 

The information or documentation submitted under division (D)(4) of this section may be in the form 

of a summary or index of available knowledge or information and shall consist of or be based upon the 

best available generally accepted knowledge or information in the appropriate fields, as determined by 

the agency that prepared the documentation. 

(E) The statement required under division (B) and the information or documentation required under 

http ://codes. ohio. gov/ ore/121.39 9/20/2007 
Lawriter - ORC - 121.39 Identifying documentation that is basis for legislation dealing wi... Page 3 of 3 

division (D) of this section need not be prepared or submitted with regard to a proposed statute or 

rule, or an amendment to a rule, if the statute, rule, or amendment is procedural or budgetary in 

nature, or governs the organization or operation of a state agency, and will not affect the substantive 

rights or obligations of any person other than a state agency or an employee or contractor of a state 

agency. 

(F) The insufficiency, incompleteness, or inadequacy of a statement, information, documentation, or a 

summary of information or documentation provided in accordance with division (B) or (D) of this 

section shall not be grounds for invalidation of any statute, rule, or amendment to a rule. 

(G) This section applies only to the following: 

(1) Legislation and components of legislation dealing with environmental protection that are introduced 

in the general assembly after March 5, 1996; 

(2) Rules and rule amendments dealing with environmental protection that are filed with the joint 

committee on agency rule review in accordance with division (D) of section 111.15 or division (H) of 

section 119.03 ofthe Revised Code after March 5, 1996. 

Effective Date: 04-01-2002 

http:// codes. ohio. go v/orc/121.39 9/20/2007 
Article IV 

Attachment C 

Newspaper Notices 

-22 -
Sty e Atyeti s Messenge r 

To; Ohio EPA 

Attn: Paul Braun 

From: Legal Department, Cliristina King 

Date: July 5, 2007 

Re: OAC Rule 3745-15-03; 3745-31 

Tlie total for the legal advertisement referenced above is $142.75. 

25 Inches X 1 day of publication @ $5.71 per inch 

A copy of the notice is attached for your approval and signature. Please fax the signed notice 

to 740-592-4647 by Thursday, July 5t h at 5p.m. 

if you have any questions or concerns please contact Cliristina King, extension 202 or Janet 

Williams, extension 245. 

9300 Johnson Road • P.O. Box 4210 • Athens, Ohio 45701 • 740-592-6612 

S/T- d T89£H79bT9:01 : W Q a J 60:£T i00S-S0-nn r 
J OEPA_931 9 63 :BurleiahL_S7 

LEGAL NOTICE Public Hearing Ohio Environmental Protection Agency Five-Year Rule Review and 

proposed amendment of Ohio Administrative Code (OAC) rule 3745-15-03, proposed amendment and/or rescission 

of select rules in OAC Chapter 3745-3 L and proposed rescission of fill f idea in OAC Chapter 3745-35 Notice 'ir hereby given that the Ohio Environmental Protection Agency, Division 

of Air Pollution Control (DAPC) is proposing: 1. Amendment of the follow, ing OAC rules: 3745-31-01, "Definitions;" 3745-3 L02, "Requirements;" 3745-31-03, "Permit to install exemptions;" 3745-31-04, "Applications;" 3745-3 L05, "Criteria for decision by the director/' 3745-31-07, "Revocation;'7

 3745-31-10, "Air stationary source obligations;" 3745-31-20, 'Atainment provisions-innovative control technology;" 3745-3 i-22, 'Nonattainment. provisions-conditions for approval;" 3745-31-29, "General permit to install;*' 3745-31-30, "Clean unit'," 3745-31-31, "Pollution controli l project;" 3745-31 -32, Plantwidc applicability limit;" and 3745-31-33, "Site preparation activities prior to obtaining a final permit to install" 1. Rescission of the following existing OAC rules and proposing new OAC rules in their place: 3745-31-06, 'Termination" (rescind); 3745-31-06. "Completeness determinations, processing requirements, public participation, public notice and issuance" (new); 3745-31-08, "Procedure for decision by director" (rewind); 3745-31 - 08, "Registration status perm^t-tp-^pe^afc',

 (new); 3745-

31-09, "Air permit to install completeness determinations* public participation and public notice" (rescind); and 3745-31-09, "Variance on operation" (new), 3, Amendment of OAC rule 3745-15-03, "Submission of emission information;" which satisfies the requirements Of Section 119.032 of the Ohio Revised Code (five-year review), 4. Rescission of the following OAC rules; 3745-35-01, "Definitions;" 3745-35-02, "Permits to operate;" 3745-

35-03, "Variances;" 3745-35-

04, "General policy,;" 3745-

35-05, "Permit exemptions 

and registration Status;" 3745-

35-06, "Permits to operate for grain and feed processing _joperntionp, and fertilizer mining operations-" 3745-35-07, 'Federally enforceable limitations on potential to emit;" 

and 3745-35-08, "Genera per2/2"d 

I QEgA,33X963:Bnrlel3h^871 

mg lOffiRtti 

OEE>A_SJ319 63 r m X \gh„a7X718 7/5/0 7 12:4 3 PM Pag e i (1,3 ) 

-]nrit to operate " The amendments arc being 

proposed to implement the permit-to-install and operate (PTIO) program, The PTIO 

program combines the current permit-to-install (PTI) and 

perm i Mo*operate (PTC)) programs. Rather than requiring 

u source to apply for a PTI, which in issued with both installation and Operation terms, and then apply for A PTO within a year of construction, the new program will require one application for both a PTI and PTO and both installation and operation requirements will be issued URdcr one document An additional amendment to OAC rule 3745-3 L01 is being 

proposed to address recent changes in the corresponding federal regulations which affect how ethanol facilities 

arc defined as a major source, Lastly, additional amendment1

? to the following rules 

are incorporated to address 

recent changes in the corresponding federal regulations that address pollution control projects and clean unit provisions: OAC rule 3745-31-

01(Y)t (JJJ), (TTT), (SSSS); OAC rule 3745-31-10(0; OAC rule 3745-31-22(A)(3); OAC rule 3745-31-30; and OAC rule 3745-31-3 L Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required tu consult with interested parties affected by the rules before the division formally adopts them. On March 13, 2007, these rules went oat for a 45 day review by interested parties. On May 30, 2007, the additional change in rule 3745-31-01 regarding ethanol facilities went out for a 15 day review by interested parties. Pursuant to Section 119-03 of the Ohio Revised Code, a public hearing on this title change will be conducted on Friday, August 107

 2007 at 10:00 AM in the Center for Excelence on the 7th Floor at Ohio EPA, Lazarus Government Center, 50 W. Town Street, Suite 700, Columbus, Ohio. Pursuant to Part D of Title 1 of the Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the atainment and maintenance of the national ambient air quality standards (NAAQS). The above mentioned rules are a part of Ohio's SIP and the proposed amendments will be submitted to USEPA as a modification of the SIP. The above -mentioned hearing shall be -'considered the public hearing for the SIP submittal. All interested persons are entitled to atend or be repreI89£M79l7l9:01 

-.setited at the hearing and give written or OfaJ comments on this rule change. All oral com- ments presented at the hearing, and alt written statement* 

Submitted at the hearing or by the close of business on August 10,2007, will be considered by Ohio EPA prior to final action on this rule. Writen statements submited after August 10,2007, may be considered AS time and circumstances permit, but will hot be part of the official 

record ofthe hearing. These rules are available on the Web page for electronic downloading by clicking on "regulations" under the "topics" drop-down box. The URL is. htp:yywww.epa.state.oh.us/da pe/rcgs/regii.html. Questions regarding accessing the web site should be directed to Arunee Niamlarb at 614-728-

1342; other questions or com- ments ubout these rules should be directed to Jennifer Hunter at Ohio EPA, 

(614)644-3 6 96, jennifer. hunter @ epa.state.oh. 

us, or mailed to Jennifer Hunter, Ohio EPA, Division Air Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216-1049. 

7-7(10 

831963 

:W0dJ 60 =£1 1002-S0-Tir 
PROOF OF PUBLICATION 

THE STATE OF OHIO 

ATHENS COUNTY SS 

ATHENS MESSENGER 

OHIO EPA/ATHENS 

HEARING CLERK 

PO BOX 1049 

COLUMBUS OH 43216-1049 

REFERENCE: 3 0927 

931963 OAC RULE 3745-15-03; 

PERSONALLY APPEARED FOR ME, A NOTARY PUBLIC IN AND 

FOR ATHENS COUNTY, OHIO. GARY LAMBERG, PUBLISHER 

OF THE ATHENS MESSENGER AND MADE OATH THAT AN 

ADVERTISEMENT, A COPY OF WHICH IS HERETO ATTACHED, 

WAS PUBLISHED IN THE ATHENS MESSENGER, A NEWSPAPER 

PRINTED IN AND,OF GENERAL CIRCULATION IN 

SAID COUNTY, ,' CONSECUTIVE "'WEEKS, THE FIRST 

PUBLICATION BEING ON THE il DAY 

, 20 , AND THE LAST PUBLICATION ON 

<!

- ! V ,20'' ^ f\ AND. THAT THE SAID 

PAPER WAS DURING THAT TIME PRINTED^ 

IN SAID COUNTY* 

PRINTER'S FEE $_ 

NOTARY PUBLIC 

GHANA L. POWELL 

%gg^°'i Notary Public, State of Ohio 

s?l*5 My Commission Expires 

§ & / November 25,2010 

Public Hearing 

Ohio Environmental 

Protection Agency 

Five-Year Rule Review and 

proposed amendment of Ohio 

Administrative Code (OAC) 

rule 3745-15-03, proposed 

amendment and/or rescission 

of select rules in OAC 

Chapter 3745-31, and proposed rescission of all rules 

' in OAC Chapter 

3745-35 

Notice-is hereby given that 

the Ohio Environmental 

Protection Agency, Division 

of Air Pollution Control 

(DAPC) is proposing: 

1. Amendment of the following OAC rules: 3745-31-01, 

"Definitions;" 3745-31-02, 

"Requirements;" 3745-31-03, 

"Permit to install

 1 exemptions;" ' 3745-31-04, 

"Applications;" 3745-31-05, 

i "Criteria for decision by the \ 

! director;" 3745-31-07, 

"Revocation;" 3745-31-10, 

"Air stationary source obligations;" ' , 3745-31-20, 

"Attainment, provisions-innovative control technology;" 

3745-31-22, "Nonattainment -

provisions-conditions fort 

approval;5? 3745-31-29,-

"General permit to install;"! 

3745-31-30, "Clean unit;'\ 

3745-31-31, "Pollution con-' 

trol project;" 3745-31-32, 

"Plantwide applicability 

limit;" and 3745-31-33, "Site, 

preparation activities prior to 

obtaining a final permit to; 

install." , 

2. Rescission of the following!, 

existing OAC rules and; 

proposing new OAC rulesi in,/ 

their place: 3745-31-06, 

"Termination" ,/ (rescind); 

3745-31-06, "Completenessdeterminations, processing 

requirements, i public participation, publip notice and 

issuance" (new); 3745-31-08, 

"Procedure for decision by 

director" (rescind); 3745-31-

08, "Registration status permit-to-operate" (new); 3745-

31-09, "Air permit to install 

completeness determinations, 

public participation and pub1 

lie notice" (rescind); and 

3745-31-09, "Variance on 

operation" (new), 

3. Amendment of OAC rule 

3745-15-03, "Submission of 

satisfies the requirements of 

Section 119.032 ofthe Ohio 

Revised • Code (five-year 

review). 

4. Rescission of the following 

OAC rules; 3745-35-01, 

"Definitions;" 3745-35-02,"; 

"Permits to operate;" 3745-

35-03, "Variances;" 3745-35- . 

04, "General policy;" 3745-

35-05, "Permit exemptions, 

and registration status;" 3745-' 

35-06, "Permits to operate for 

grain and feed processing 

operations and, fertilizer mixing' operations;" 3745^35-07,; 

"Federally enforceable limitations on potential to emit;"* 

and 3745-35-08, "Genera permit to operate." 

The amendments are being 

proposed to implement the"; 

permit-to-install and operate : 

(PTIO) program. The PTIO; 

program combines the currentpermit-to-install (PTI) and! 

permit-to-operate (PTO) pro-\ 

grams. Rather than requiring 

a source to apjriy for a PTI, 

which' is issued with both 

installation and operation 

terms, and then apply for a 

PTO within a year of con-^ 

stniction, the new program, 

will require one application' 

for both a PTI and PTO and 

both installation and operation requirements will be 

issued under one document., 

An additional amendment toOAC rule 3745-31-01 is being 

proposed to address recent 

changes in the corresponding 

federal regulations which 

affect how ethanol facilities 

are defied as a major source. 

Lastly, additional amendments to the following rules' 

are incorporated to address 

recent changes in the corresponding federal regulations 

that address pollution control 

projects and clean unit provirsions: OAC rule 3745-31-

01(Y), (JJJ), (TTT), (SSSS)f 

OAC rule 3745-31-10(C); 

OAC rule 3745-31-22(A)(3); 

OAC' rule 3745-31.-30; and 

OAC rule' 3745-31-31. 

Pursuant to Section 121.39 of 

the Ohio Revised Code,. 

DAPC was required to consult with interested parties 

affected by the rules before 

the division formally adopts 

them. On March 13, 2007, 

these rules went out for a 45 .. 

day review by interested par^ 

ties. On May 30, 2007, the 

additional change in rule 

3745-31-01 regarding ethanol 

facilities went out for a 15 day 

< review by interested parties. 

Pursuant to Section 119.03 of 

the Ohio Revised Code, a 

public hearing on this rule 

change will be conducted on 

Friday* August 10, 2007 at 

10:00 A M .in the Center for 

Excellence on the 7th Floor at 

Ohio EPA, ( Lazarus 

Government Center, 50 W. 

Town' Street, Suite 700, 

Columbus, Ohio. 

Pursuant to Part D of Title I of' 

the Clean Air Act, Ohio EPA 

is required to establish a state 

implementation plan (SIP) for 

the attainment and maintenance of the national ambient 

air quality. standards 

(NAAQS). The. above mentioned, rules are a part of 

Ohio's SIP and the'proposed . 

amendments will be submit- . 

ted to USEPA as a modifica-^ 

tion bf the SIP. The above 

mentioned hearing shall be 

considered the public hearing 

for the SIP submittal. * . ' 

All interested persons are" 

entitled to attend or be represented at the hearing and give' 

written or oral comments on 

this rule change. All oral comments presented ,at the hear-*. 

ing, and all written statements ' 

submitted at the hearing or by 

the close -of business on 

August 10, 2007, will be considered by Ohio EPA prior to , 

final action on this rule v. 

Written statements submitted .' 

after August 10, 2007, may be • 

considered as \ time, and circumstances permit, but will • 

not ,be part of the official 

record of the hearing. 

Oi 1 &Ur 

Jb

~

7

 '"ll?-

C G ' U 0F F

 ,„ : 

These rules are available on 

the Web ,page for electronic 

downloading by . clicking on 

"regulations" under the "topics" . drop-down box. The 

URL -is: 

http ://www.epa. state, oh.us/da 

pc/regs/regs.html. Questions 

regarding accessing the web 

site should be' directed to 

Arunee Niamlarb at 614-728-

1342; other questions or comments about these 7

 rules 

should be directed to Jennifer 

Hunter at Ohio EPA, 

(614)644-3696 , 

jennifer.hunter@epa.state.oh. 

us, or mailed to Jennifer 

Hunter, Ohio EPA, Division 

Air Pollution Control; 

Lazarus Government Center, 

P.O. Box 1049, Columbus, 

Ohio 43216-1049. 

7-7(lt) 
/lAlxUl N UIA^Ui N JUUJ\i\rtJ L 

You can get your Invoices & Tearsheets at 

www.esheets.merlinone.com 

07/06/2007 

TOTA L AMOUN T DU E 

OHIO .EP A HEARING CLERK 

D U E DAT E ^ iREMITTTVNC E ADDRES S 

AKRON BEACON JOURNAL 

44 EAST EXCHANG E STREET 

P.O. BOX 3661 

AKRON , OHIO 44309-3661 

BILLIN G ACCOUN T NAM E AN D ADDRES S 

OHIO E P A HEARING CLER K 

PO BOX 1049 

LAZARUS GOVERNMEN T BUILDING 

COLUMBU S OH 43216-1049 

OAKS BU: 

AMOUN T PAI D 

VOUCHER ID: 

/ . . :>TimesV . Size7Ad ": -^ -2TotaI ^ - r ^9^?^ ' ^ VY34,N e t •";„. 

.Rate - " Size - - - Amount - ,v-. Amount., 

PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE 

Ad Reference No. "v 

07/06 0002372498 

Public Hearing Ohio Environmental Protection Agency Five-Yea r 

Rule Review and proposed amendment of 

Ohio Administrative 

Code (OAC) rule 3745-

15-03/ proposed amendment and/or rescission 

of select rules in OAC 

Chapter 3745-31 / a ndproposed rescission of 

air rules in OAC, Chapter 3745-35 

Notice is hereby given 

that the Ohio Environmental - Protection 

Agency, Division of Air 

Pollution Control j 

(DAPC) is proposing: > 

1. Amendment of the \ 

, following v O A C rules: t 3745-31-01,"!Def!nffions" jj 

, 3745-31-02, "Require-1 

r ments; 3745-31-03, "Per1

 mit to install exemp-

| tiohs;", 3745-31-04, "Ap-

!

 plications;" 3745-31-05, 

"Criteria for decision 

by the director;" 3745-

31-07, "Revocation;" 

3745-31-10, "Air stationary - source obligations;" 3745-31-20, "Attainment provisions -

innovative . control 

i technology;" 3745-31-22, 

I "Nonattainment provii sions - conditions for 

i. approval"; 3745-31-29, 

"General permit to install ;" 3745-31-30, 

: "Clean unit;" 3745-31-31, 

i "Pollution control project;": 3745-31-32, 

i "Plantwide applicabili-

; ty limit;" and 3745-31-33, 

\ "Site preparation activi fries prior to obtaining 

J a final permit to inI stall," ' 

'2. Resdission of the fol-

. lowing existing OAC 

rules and proposing 

new OAC rules in their 

place:. 3745-31-06,' "ter-

; mination" (rescind); 

i 3745-31-06, "CompleteI ness : determinations, 

j processing :require-

' mehts, public, particiVipation, , public , notice 

ij and issuance" (new); 

i 3745-31-08/ "Procedure 

3 for decision by direc-

,1 tor" (rescind); 3745-31-

% 08, "Registration status 

ft permit-to-operate " 

J (new); 3745-31-09,' "Air 

/i permit to install com 

_ pleteness determiha 

tions, public participa 

H tldn and public notice" 

» (rescind); and 3745-3V 

. 09, "variance on opera 

j tion" (new). 

13. Amendment of OAC 

rule 3745-15-03, "Submission of emission in-, 

' •Fnrrhpj+inn. "which I 

_

:

_ Location. 

Legals 

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AFFIDAVIT O F PUBLISHE R 

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SUMMIT COUNTY, ss. I, O.A..i^i?^..X^O.Q.^. ( clerk of THE 

BEACON JOURNAL PUBLISHING COMPANY, publishers of THE AKRON BEACON JOURNAL, on 

oath,.say that the notice above referenced has been published ONE TIME on the ....&?.. day of 

...^^JfL^ASA.., 20..?..!, OR once a week for consecutive WEEKS, on the same day of each 

week, commencing on the day of , 20 , OR TIMES, commencing 

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County of Summit, State of Ohio, and of general circulation therein, That said newspaper had a bona 

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SIGNED Qr.. , QjU^.O^^cU^^ . 

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Email Legal Ads To: Legals@thebeaconjournal.com 

Exchange Street - P.O. BOX 640 - Akron, Ohio 44309-0640 LEGAL ADVERTISING INVOICE 
g of Ohio ss . 

Cuyahoga County 

Public Hearing 

' nhio Environmental Protection 

Agency 

Proposed Amendment of Ohio 

. Administrative Code (OAC) 

Rule 3745-77-01 

Notice is hereby given that the 

Ohio Environmental Protection 

Agency, Division of Air Pollution 

Control (DAPC) is proposing 

amendment of OAC rule 3745-77-

01 ."Definitions". 

The amendment is being proposed to address recent changes 

in the corresponding federal regulations which affecMiow ethanol 

facilities are defined as a major 

source. OAC rules 3745-31-01 is 

also affected by this change but 

is being public noticed separately 

as part of the permit-to-install and 

operate (PTIO) rulemaking package due to the many changes ih 

that rule which also corresponded 

specifically to the PTIO program. 

However, we will be combining 

the public participation process,' 

including the hearing, of both actions. 

Pursuant to Section 121.39 of the 

Ohio Revised Code, DAPC was 

required to consult with interested 

parties affected by the rule before 

the division formally'adopts it. On 

May 30, 2007, this rule went out 

for review by interested parties 

through June 14,2007, 

, Pursuant to Section 119.03 of the 

Ohio Revised Code, a public 

hearing on this rule change will 

be conducted on Friday, August 

•10, 2007 at 10:00 AM in the Center for Excellence on the 7th Floor 

at Ohio EPA, Lazarus Government Center, 50 W. Town Street, 

Suite 700, Columbus, Ohio. 

Pursuant to Part D of Title I of the 

Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the attainment and maintenance of the 

national ambient air quality standards (NAAQS). The above mentioned rule is a part of Ohio's SIP 

and the proposed amendment 

will be submitted to USEPA as a 

modification of the SIP. The 

above mentioned hearing shall be 

considered the public hearing for 

the SIP submittal. 

Al! interested persons are entitled 

to attend or be represented at the 

hearing and give written or oral 

comments on this rule change. All 

oral comments presented at the 

hearing, and all written statements submitted at the hearing or 

by the close of business on August 10,2007, will be considered 

by Ohio EPA prior to final action 

on this rule. Written statements 

submitted after August 10, 2007, 

may be considered as time and 

circumstances permit, but will not 

be part of the official record of the 

hearing. 

This rule, is available oh the Web 

page for electronic downloading 

by clicking on "regulations" under 

the "topics" drop-down box. 

The URL is: http://www.epa.state. 

oh.us/dapc/regs/regs.html. Questions regarding accessing the 

web site should be directed to 

Arunee Niamlarb at .614-728-

1342; other questions' or. comments about this rule should be 

directed to Jennifer Hunter, at 

Ohio EPA, (614) 644-3696, 

jennifer.hunter@epa.state.oh.us, 

or mailed to Jennifer Hunter, Ohio 

EPA, Division "Air Pollution' Control, Lazarus Government Center, 

P.O. Box 1049, Columbus, Ohio 

43216-1049. 

p.d.jul.13,2007 1717654 

•<t|e 

Public Hearing 

Ohio Environmental Protection 

Agency 

Five-Year Rule Review and proposed amendment of Ohio Administrative Code (OAC) rule 

3745-15-03, proposed amendment and/or rescission of select 

rules in OAC Chapter 3745-31, 

and proposed rescission of all 

rules in OAC Chapter 3745-35 

Notice is .hereby given that the 

Ohio Environmental Protection 

Agency, Division of Air Pollution 

Control (DAPC) is proposing. 

1/ Amendment of the following 

OAC rules: 3745-31-01, "Definitions;' 3745-31-02, "Requirements;" 3745-3143, "Permit to install exemptions," 4745-31-04, 

"Applications"; 3745-31-05, "Criteria for decision by the director"; 

3745-31-07,. "Revocation"; 3745-

31-10, "Air stationary source obligations"; 3745-31-20, "Attainment 

provisions-innovative control 

technology"; 3745-31-22, 

"Nonattainment provisionsconditions for approval"; 3745-31-

29, "General permit to install"; 

3745-31-30, "Clean unit"; 3745-31-

31, "Pollution control project"; 

3745-31-32, "Plantwide applicability limit"; and 3745-31-33; "Site 

preparation activities prior to obtaining a final permit to install." 

2.- Rescission of the following existing OAC rules and proposing 

new OAC rules in their place: 

3745-31-06, Termination" (rescind); 3745-31-06, "Completeness determinations, processing 

requirements, "public

 : participation, public notice and issuance! 

(new); 3745-31-08, "Procedure for 

decision by director" (rescind); 

3745-31-08, 'Registration- status 

permit-to-operate' (new); 3745-

31-09, "Air permit to install completeness determinations, public 

participation and public notice" 

(rescinds); and 3745-31-09, "Variance on operation" (new). 

3 Amendment of OAC rule 3745-

15-03, "Submission of emission 

information", which satisfied the 

requirements of Section 119.032 

of the Ohio Revised Code (fiveyear review). 

4. Rescission of the following 

OAC rules: 3745-35-01, "Definitions"; 3745-35-02, "Permits to operate"; 3745-35-03, "Variances"; 

3745-35-04, "General policy", 

3745-35-05, "Permit exemptions 

and registration status"; 3745-35-

06, "permits to operate for grain 

and feed processing operations 

and fertilizer mixing operations"; 

3745-35-07, "Federally enforceable limitations on potential to 

emit'; and 3745-35-08, "General 

permit to operate". 

The amendments are being proposed to implement the permit-toinstall and . operate (PTIO) program. The PTIO program combines the current permit-to-install 

\

r

down bos. The LlRL is: 

P

r

 http://www.epa.state.oh.us/dapc/ 

s c

 regs/regs.html. Questions regard1 S !

 ing accessing the web site should 

°l be directed to Arunee Niamlarb at 

f

° 614-728-1342; other questions or 

s t

 comments about these rules 

^ should be directed to Jennifer 

p

 Hunter at Ohio EPA, (614) 644-

jj 3696, jennifer.hunter© 

° epa.state.oh.us, or mailed to 

A

 Jennifer Hunter, Ohio EPA, Divin

 sion Air Pollution Control, Lazarus 

P Government Center, P.O. Box 

l f

 1049, Columbus, Ohio 43216-

u

1049. 

ft p.d.jul.13,2007 • 1717960 

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I, Jacky Kilo, being duly sworn, do upon my oath, depose and 

say that I am a ACCOUNTS RECEIVABLE REPRESENTATIVE 

of The Plain Dealer Publishing company, publisher of The Plain 

Dealer, a newspaper printed in said county, and general circulation 

in Ashtabula, Geauga, Lake, Lorain, Medina, Portage, Summit and 

Trumbull counties, in addition to said county; the requirements of 

Section 7/12 of the Revised Code of Ohio as amended September 

14, 1957, relating to publication and distribution are fulfilled by 

said newspaper; and the advertisement attached was published in 

said newspaper on the following day, or days in a type size larger 

than agate. Insertion dates as follows: 

13. acGi 

Sworn to and subscribed before me this day of 3©f 

Notary Public 

Brenda G. Jordan 

Notary Public, State of Ohio 

Recorded in Cuyahoga County 

My Commission Expires 09/04/11 

PUBLIC NOTICE 

COVENANT NOT TO SUE/FINAL 

FINDINGS AND ORDERS 

Shell Oil Products US - Former 

Shell Bulk Petroleum Terminal 

Notice is hereby given that on July 10, 2007, the Director of the 

Ohio Environmental Protection 

Agency ("Ohio EPA"), pursuant to 

Ohio Revised Code ("ORC") 

Chapter 3746 and Ohio Administrative Code ("OAC") Chapter 

3745-300, issued a Covenant Not 

To Sue/Final Findings and Orders 

to Shell Oil Products US for the 

•property identified as the Former 

Shell Bulk Petroleum Terminal 

property (the "Property"). 

Shell Oil Products US conducted 

a voluntary action of the approximately 22.6634 acre-Property located at 10346 Brecksville Road, 

Brecksville, Cuyahoga County, 

Ohio. A no further action letter 

was submitted oh April 24, 2006 

to the Voluntary Action Program 

ofthe Ohio EPA Division of Emergency and Remedial Response 

on behalf of Shell Oil Products US 

by Montgomery Bennitt, a Certified Professional (No. CP295), as 

defined in ORC 3746.01(E) and 

OAC 3745-300-01 (A)(8). 

The issuance of the Covenant Not 

to Sue/Final Findings and Orders 

is a final action of the Director. 

The action may be appealed to 

the Environmental Review 

Appeals Commission 

("Commission"). The appeal must 

be in writing and set forth the action complained of and the 

grounds upon which the appeal is 

based. The appeal must be filed 

with the Commission within thirty 

(30) days after notice or issuance 

of the action. (See ORC 3745.04 

and 3745.07). A copy of the appeal must be served on the Director within three (3) days after the 

appeal is filed with the'Commission. The appeal may be filed 

with the Commission at 309 

South Fourth Street, Room 222, 

Columbus, Ohio 43215. 

If you would like to review a copy 

of the Covenant Not To Sue/Final 

Findings and Orders, please contact Debi Tavizon, Records Management, Ohio EPA, Division of 

Emergency and Remedial Response, . Voluntary Action Program, P.O. Box 1049, Columbus, 

OH 43216-1049, or by telephone 

at (614) 644-2924. 

p.d.jul.13,2007 ' -1720745 

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Dayton Daily News 

AFFIDAVIT OF PUBLICATION 

P.O. Box 643080 

Cincinnati, OH 45264-3080 

937-225-2107 

STATE OF OHIO 

OHIO EPA DENISE PEEPLES 

PO BOX 1049 

COLUMBUS, OH 43216 

Ohio Environmental J*rc»t«ciion Agency 

Proposed zmmtimmz of #hia Administrative 

Code (OAC) ttll* 3745-77*0* 

is iwebv- &iv>i;i \&& -si? Ohio emsronrr^ntal 

Ptctecim A£en<r/„ t&Mm ot Mt ft$fo%m Corbel 

Use aflwntaent is be&s- passed is address recent 

aihta* afec? &^and faalife* tm defined: a& a 

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fcart of ft* ^r^t*fe^is.t^ &nii siisr&s iPfiO* ubisjTOkfijg due to 'nem&w in i&at 

-~>-&n F?,v*„#\ -*e A;U se ontvtr K the p-Jbfte p.'fIcteafem IJVOSSS, deluding -th* h^^rng. of aoth SDf^raam to Sec&cri 12139 of t\% ohiOBSvtssd Cod» rsafcssi to cofssjirwsn jr&»r*si&d sx^afss aifecteil by- Me fcgfare ais fei^on farrsaiv 

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Passant to Pa t D of '0£ie I *? the da n Air Ast m% S P A is ^tireo to sv.t£i:&i$ a «&*t* 3tii^rf*nta&>T3 

•absve rrfenb-:-ricd is t if SIP a*i-3 ttii p'0|.^se^ tee suSii1?t^ Us&iPA 

-a rr^r^tm if T*- n^nc^e-i 

rfC-:/;iK ?n."^ -iw-ir-f--r;i x.<^ |>/-<kc n<?sinn« in vi"; 

coirsmstts an 6us rule dr-^^e. Al! cra! comrents O'srpjnfed si th* M<#in.% wri?.t;

i:?? &«&rog.m& j=iifeTitted liig i-te^ij? or tie slose of l^iismess 

pnor to ivic)i acto. <«i onfe. Aiie, wmier? $fcg^rente ':jL"^rt»?<5 ri;i?r Au^r,t Z\> rr-<\ zcr-\ cie eci 

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'tliis r>.ife is &ai?:3lile on Ihe '^v;l> p;w<? fer efectrc€'(« 

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- -'Uf r« ^HI'J^O :!4-7C: K-C, Mtl- ti r uf ' ?u « t Ui tue \4 ii rfec^d toiejstifer Hunter atOs^ia {414} 644«Mt*, 

Itt Hunter, Oiio EF:>'». civr;.fen Air Pdlutlcn t;antrci. 

I u*t"j!,. "V'.iw i-;-k P>,''-1"-** rviv, ^ 'uti'. 

Before me, the undersigned, a Notary public in and 

for said County, personally came Tina Kimball who 

being first duly sworn says he/she is the Legal 

Advertising Agent of the Dayton Daily News, which 

he/she says is a newspaper of general circulation 

in Montgomery, Clark, Warren, Butler, Clinton, 

Greene, Preble, Miami, Darke, Mercer, Shelby, 

Fayette, Logan, Hamilton, Clermont, Auglaize, and 

Champaign Counties, and State of Ohio, and he/she 

further says that the Legal Advertisement, a copy 

of which is hereunto attached, has been published 

in the said Dayton Daily News 63 Lines, 1 Time(s), 

last day of publication being 7/6/2007, and he/she 

further says that the bona fide daily paid 

circulation of the said Dayton Daily News was over 

(25000) at the time the said advertisement was 

published, and that the price charged for same does 

not exceed the rates charged on annual contract for 

the like amount of space to other advertisers in 

the general display advertising columns. 

Signed >jjjJ^lU^N\V 

Sworn or affirmed to, and subscribed before me, 

this 7/11/2007. In Testimony Whereof, I have 

hereunto set my hand and affixed my official 

seal, the day and year aforesaid. 

Notar y Rybli c 

Invoice No. 

Ad Cost 

Paid 

Due 

9325609 

$333.90 

$0.00 

$333.90 

; \ LORNAM. FOER, Notary Public 

l * | In and for the State of Ohio 

/ My Commission Expires July 4,2010 
Dayton Daily News 

AFFIDAVIT OF PUBLICATION 

P.O. Box 643080 

Cincinnati, OH 45264-3080 

937-225-2107 

STATE OF OHIO 

3 1 

5«i«.' »< SAC OUCKM " 

Signed 

Sworn or affirmed to, and subscribed before me, 

this 7/11/2007. In Testimony Whereof, I have 

hereunto set my hand and affixed my official 

seal, the day and year aforesaid. 

Notarv^Publi c 

OHIO EPA DENISE PEEPLES 

PO BOX 1049 

COLUMBUS, OH 43216 

Before me, the undersigned, a Notary public in and 

for said County, personally came Tina Kimball who 

being first duly sworn says he/she is the Legal 

Advertising Agent of the Dayton Daily News, which 

he/she says is a newspaper of general circulation 

in Montgomery, Clark, Warren, Butler, Clinton, 

Greene, Preble, Miami, Darke, Mercer, Shelby, 

Fayette, Logan, Hamilton, Clermont, Auglaize, and 

Champaign Counties, and State of Ohio, and he/she 

further says that the Legal Advertisement, a copy 

of which is hereunto attached, has been published 

in the said Dayton Daily News 116 Lines, 1 Time(s), 

last day of publication being 7/6/2007, and he/she 

further says that the bona fide daily paid 

circulation ofthe said Dayton Daily News was over 

(25000) at the time the said advertisement was 

published, and that the price charged for same does 

not exceed the rates charged on annual contract for 

the like amount of space to other advertisers in 

the general display advertising columns. 

Invoice No. 

Ad Cost 

Paid 

Due 

9328109 

$614.80 

$0.00 

$614.80 

LCnHA M. FQERi Notary Public 

1

 K^v":-'' :.~7; ; 

*\+\ In and for the State of Ohio 

I My Commission Expires July 4,2010 
t e o f Ohi o ss . 

Cuyahoga County 

Public Hearing 

Ohio Environmental Protection 

Agency 

Proposed Amendment of Ohio 

Administrative Code (OAC) 

Rule 3745-77-01 

Notice is hereby given that the 

Ohio Environmental Protection 

Agency, Division of Air Pollution 

Control (DAPC) is proposing 

amendment of OAC rule 3745-77-

.01, "Definitions". 

The amendment is being proposed to address recent changes 

in the corresponding federal regulations which affect how ethanol 

facilities are defined as a major 

source. OAC rules 3745-31-01 is 

also affected by this change but 

is being public noticed separately 

as part of the permit-to-install and 

operate (PTIO) rulemaking package due to the many changes ih 

that rule which also corresponded 

specifically to the PTIO program. 

However, we will be combining 

the public participation process,' 

including the hearing, of both actions. 

Pursuant to Section 121.39 ofthe 

Ohio Revised Code, DAPC was 

required to consult with interested 

parties affected by the rule before 

the division formally'adopts it. On 

May 30, 2007, this rule went out 

for review by interested parties 

through June 14,2007. 

Pursuant to Section 119.03 ofthe 

Ohio Revised Code, a public 

hearing on this rule change will 

be conducted on Friday, August 

10, 2007 at 10:00 AM in the Center for Excellence on the 7th Floor 

at Ohio EPA, Lazarus Government Center, 50 W. Town Street, 

Suite 700, Columbus, Ohio. 

Pursuant to Part D of Title I of the 

Clean Air Act, Ohio EPA is required to establish a state implementation plan. (SIP) for the attainment and maintenance of the 

national ambient air quality standards (NAAQS). The above mentioned rule is a part of Ohio's SIP 

and the proposed amendment 

will be submitted to USEPA as a 

modification of the SIP. The 

above mentioned hearing shall be 

considered the public hearing for 

the SIP submittal. 

All interested persons are entitled 

to attend or be represented at the 

hearing and give written or oral 

comments on. this rule change. All 

oral comments presented at the 

hearing, and all written statements submitted at the hearing or 

by the close of business on August 10,2007, will be considered 

by Ohio EPA prior to final action 

on this rule. Written statements 

submitted after August 10, 2007, 

may be considered as time and 

circumstances permit, but will not 

be part of the official record of the 

hearing. . 

This rule, is available on the Web 

page for electronic downloading 

by clicking on "regulations" under 

the "topics" drop-down box. 

The URL is: http://www.epa.state. 

oh.us/dapc/regs/regs.html. Questions regarding accessing the 

web site should be directed to 

Arunee Niamlarb at .614-728-

1342; other questions' or comments about this rule should be 

directed to Jennifer Hunter, at 

Ohio EPA, (614) 644-3696, 

]ennifer.hunter@epa.state.oh.us, 

or mailed to Jennifer Hunter, Ohio 

EPA, Division Air Pollution' Control, Lazarus Government Center, 

P.O. Box 1049, Columbus, Ohio 

43216-1049. 

p.d.jul.13,2007 1717654 

<*ie

 £ a 

Public Hearing 

Ohio Environmental Protection 

Agency 

Five-Year Rule Review and proposed amendment of Ohio Administrative Code (OAC) rule 

3745-15-03, proposed amendment and/or rescission of select 

rules in OAC Chapter 3745-31, 

and proposed rescission of all 

rules ih OAC Chapter 3745-35 

Notice is hereby given that the 

Ohio Environmental Protection 

Agency, Division of Air Pollution 

Control (DAPC) is proposing. 

1. Amendment of the following 

OAC rules: 3745-31-01, "Definitions;' 3745-31-02, "Requirements;" 3745-31-03, "Permit to install exemptions," 4745-31-04, 

"Applications"; 3745-31-05, "Criteria for decision by the director"; 

3745-31-07,. "Revocation"; 3745-

31-10, "Air stationary' source obligations"; 3745-31-20, "Attainment 

provisions-innovative control 

technology"; 3745-31-22, 

"Nonattainment provisionsconditions for approval"; 3745-31-

29, "General permit to install"; 

3745-31-30, "Clean unit"; 3745-31-

31, "Pollution control project3; 

3745-31-32, "Plantwide applicability limit"; and 3745-31-33; "Site 

preparation activities prior to obtaining a final permit to install." 

2, Rescission of the following existing OAC rules and proposing 

new OAC rules in their place: 

3745-31-06, Termination" (rescind); 3745-31-06, "Completeness determinations, processing 

requirements, ~puonc

 : participation, public notice and issuance! 

(new); 3745-31-08, "Procedure for 

decision by director" (rescind); 

3745-31-08, "Registration" status 

permit-to-operate" (new); 3745-

31-09, "Air permit to install completeness determinations, public 

participation and public notice" 

(rescinds); and 3745-31-09, "Variance on operation" (new). 

3 Amendment of OAC rule 3745-

15-03, "Submission of emission 

information", which satisfied the 

requirements of Section 119.032 

of the Ohio Revised Code (fiveyear review). 

4. Rescission of the following 

OAC rules: 3745-35-01, "Definitions"; 3745-35-02, "Permits to operate"; 3745-35-03, "Variances"; 

3745-35-04, "General policy", 

3745-35-05, "Permit exemptions 

and registration status"; 3745-35-

06, "permits to operate for grain 

and feed processing operations 

and fertilizer mixing operations"; 

3745-35-07, "Federally enforceable limitations on potential tp 

emit"; and 3745-35-08, "General 

permit to operate". 

The amendments are being proposed to implement the permit-toinstall and operate (PTIO) program. The PTIO program combines the current permit-to-install 

(P^owrT^^os^^r^^^RlP^ is:: 

P

r

 http://www.epa.state.oh.us/dapc/. 

?*• regs/regs.html. Questions regard-

, S I

 ing accessing the web site should 

°f be directed to Arunee Niamlarb at 

f 0

 614-728-1342; other questions or 

s t

 comments about these rules 

Jj! should be dfrected to Jennifer 

p

 Hunter at Ohio EPA, (614) 644-

jj 3696, jennifer.hunter@ 

b epa.state.oh.us, or mailed to 

" Jennifer Hunter, Ohio EPA, Divin

 sion Air Pollution Control, Lazarus 

P Government Center, P.O. Box 

i r

 1049, Columbus, Ohio- 43216-

"1049. 

ft p.d.jul.13,2007 • 1717960 

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:

lV3NnN0AlddV$M3IA 

SINHWAVd A1H1N0W 

I, Jacky Kilo, being duly sworn, do upon my oath, depose and 

say that I am a ACCOUNTS RECEIVABLE REPRESENTATIVE 

of The Plain Dealer Publishing company, publisher of The Plain 

Dealer, a newspaper printed in said county, and general circulation 

in Ashtabula, Geauga, Lake, Lorain, Medina, Portage, Summit and 

Trumbull counties, in addition to said county; the requirements of 

Section 7/12 ofthe Revised Code of Ohio as amended September 

14, 1957, relating to publication and distribution are fulfilled by 

said newspaper; and the advertisement attached was published in 

said newspaper on the following day, or days in a type size larger 

than agate. Insertion dates as follows: 

. 13. acq 

Sworn to and subscribed before me this day of 

£4^ 

Notary Public 

Brenda G. Jordan 

Notary Public, State of Ohio 

Recorded in Cuyahoga County 

My Commission Expires 09/04/11 

PUBLIC NOTICE 

COVENANT NOT TO SUE/FINAL 

FINDINGS AND ORDERS 

Shell Oil Products US - Former 

Shell Bulk Petroleum Terminal 

Notice is hereby given that on July 10, 2007, the Director of the 

Ohio Environmental Protection 

Agency ("Ohio EPA"), pursuant to 

Ohio Revised Code ("ORC") 

Chapter 3746 and Ohio Administrative Code ("OAC") Chapter 

3745-300, issued a Covenant Not 

To Sue/Final Findings and Orders 

to Shell Oil Products US for the 

property identified as the Former 

Shell Bulk Petroleum Terminal 

property (the "Property"). 

Shell Oil Products US conducted 

a voluntary action of the approximately 22.6634 acre-Property located at 10346 Brecksville Road, 

Brecksville, Cuyahoga County, 

Ohio. A no further action letter 

was submitted on April 24, 2006 

to the Voluntary Action Program 

of the Ohio EPA Division of Emergency and Remedial Response 

on behalf of Shell Oil Products US 

by Montgomery Bennitt, a Certified Professional (No. CP295), as 

defined in ORC 3746.01(E) and 

OAC 3745-300-01 (A)(8). 

The issuance of the Covenant Not 

to Sue/Final Findings and Orders 

is a final action of the Director. 

The action may be appealed to 

the Environmental Review 

Appeals Commission 

("Commission"). The appeal must 

be in writing and set forth the action complained of and the 

grounds upon which the appeal is 

based. The appeal must be filed 

with the Commission within thirty 

(30) days after notice or issuance 

of the action. (See ORC 3745.04 

and 3745.07). A copy of the appeal must be served on the Director within three (3) days after the 

appeal is filed with the Commission. The appeal may be filed 

with the Commission at 309 

South Fourth Street, Room 222, 

Columbus, Ohio 43215. 

If you would like to review a copy 

of the Covenant Not To Sue/Final 

Findings and Orders, please contact Debi Tavizdn, Records Management, Ohio EPA, Division ol 

Emergency and Remedial Response, . Voluntary Action Program, P.O. Box 1049, Columbus, 

OH 43216-1049, or by telephone 

at (614) 644-2924. 

p.d.jul.13,2007 ' 1720745 

c p 

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C

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P I CO 

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C D 
CERTIFICATE OF AFFIDAVIT 

OF PUBLICATION 

Portsmouth Daily Times 

Portsmouth, Ohio , 

Name: OHIO EP A 

Case No : 3745-35 

OEP A RUL E REVISIO N 

Printer Fee: $246.33 

Notary Fee: $2.00 per affidavit. 

A d Number: 32932 

State of Ohio, Scioto County, Si 

Publisher of 

PORTSMOUTH DAILY TIMES 

Portsmouth, Ohio 

A Newspaper printed daily and general circulation throughout the City of 

Portsmouth and the County of Scioto, State of Ohio, being duly sworn, says 

that the advertisement (a copy of which is hereunto affixed) was published 

in said Newspaper for the term of 

lo. O f Times: (1) one 

:om and after the 6th day of July, 2007 

irculation - over 13,000 

he price charged...de«a not exceed the rate provided in Section 7.10 

f the Revised Code/6f the Newspaper Laws of Ohio 

/ 

iubscribed and swo#M^^mKAfHTO E VENTURING 

?wf t 1 Notary Public, State of Ohio \*!mBBf$l My Commission Expires 02-19-09 

ith dayofJuly ,206 ^ J ^ 

PUBLIC HEARING 

OHIO ENVIRONMENTAL 

PROTECTION AGENCY 

FIVE-YEAR RULE REVIEW 

AND PROPOSED 

AMENDMENT OF OHIO 

ADMINISTRATIVE CODE 

(OAC) RULE 3745-15-03, 

PROPOSED AMENDMENT 

AND/OR RESCISSION OF 

SELECT RULES IN OAC 

CHAPTER 3745-31, AND 

PROPOSED RESCISSION OF 

ALL RULES IN OAC 

CHAPTER 3745-35 

Notice is hereby given that the 

Ohio Environmental Protection 

Agency, Division of Air 

Pollution Control (DAPC) is 

proposing: 

1. Amendment of the following 

OAC rules: 3745-31-01; 

"Definitions;" 3745-31-02, 

"Requirements;" 3745-31-03, > 

"Permit to install exemptions;" 

3745-31-04, "Applications;" 

3745-31-05, "Criteria for decision by the director; 3745-31-

07, "Revocation; "3745-31-10, 

"Air Stationary Source 

Obligations;" 37-45-31-20, 

"Attainment provisions - innov- i 

ative control technology;" 

3745-31-22, "Non attainment I 

provisions - conditions for i " j 

approval; "3745-31-29, •.. \ 

"General permit to install; 1 

"3745-31-30, "Clean unit," 

3745-31-31, "Pollution control , 

project;" 3745-31-32, "Plant 

wide allocability limit;" and 

3745-31-33, "Site prepreparation activities prior to obtaining 

a final permit to install." 

2. Rescission of the following 

existing OAC rules and 

proposing new OAC rules in 

their place: 3745-31-06, 

"Termination" (rescind); 3745-

31-06, "Completeness determinations, processing, requirements, public pahicipation,! __ • 

public notice and issuance" j 

(new); 3745-31-08, "Procedure 

for decision by director"' 

(rescind); 3745-31-08, .i 

"Registration status permit-tooperate" (new); 3745-31-09," 

Air permit to install completeness determinations, public 

participation and public notice" 

(rescind); and 3745-31-09, -

"Variance on operation" (new). 

3. Amendment of OAC rule i 

3745-15-03, "Submission of 

emission information, "which 

satisfies the requirements of 

Section 119.032 of the Ohio 

Revised Code 

(five-year review). 

4. Rescission of the following 

OAC rules: 3745-35-01, j 

"Definitions; "3745-35-02, 

"Permits to operate; ".3745-35-

03, "Variances; "3745-35-04,

 v 

"General policy, 3745-35-05 

"Permit exemptions and regis- i 

tratioh status; "3745-35-06, j 

"Permits to operate for grain j 

and feed processing operations and fertilizer mixing oper- , 

ations;" 3745-35-07, "Federally j 

enforceable limitations on L 

potential to emit," and 3745- I 

35-08, "General permit to | 

operate." ; 

The amendments are being 

i proposed to implement the 

permit-to-install and operate 

(PTIO) program. The PTIO 

program combines the current 

permit-to-install (PTI) and permit-to-operate (PTO) programs. Rather than requiring a 

source to apply for a PTI, 

which is issued, with both 

installation and operation 

terms; and then apply for a 

PTO within.a year of construction, the new program will 

require one application for 

both a PTI and PTO and both 

installation arid operating 

requirements will be issued 

under the document. An additional amendment to OAC rule 

3745-31-01 is being proposed • 

to address recent changes ih 

the corresponding federal regulations which-affect how 

ethanol facilities are defined as 

i a major source. Lastly, addii tional amendments to the following rules are incorporated 

to address recent changes in 

the corresponding federal reg-

! ulations that address pollution 

control projects and clean unit 

provisions: OAC rule 3745-31-

01 (Y), (JJJ), (TTT), (SSSS), 

, OAC rule 3745-31-1.0 (C); 

OAC ru(e 3745-31-22 (A)(3); 

OAC rule 3745-31-30; and 

OAC rule 3745-31 -31. 

Pursuant to Section 121.39i of 

the Ohio Revised Code, DAPC 

was required to consult with 

interested parties affected by 

tfie. rules before the division 

formally adopts them. On 

March 13, 2007, these rules 

went out for a 45 day review 

by interested parties. On May 

30, 2007, the additional 

change in rule 3745-31-01 

regarding ethanol facilities 

went out for a .15 day review 

by interested parties. 

Pursuant to Section 119,03 of

 1 

/the Ohio Revised Code, a public hearing on this rule change 

will be conducted on Friday, 

August 10, 2007 at 10:00 AM 

in the Center for Excellence on 

the 7th Floor at Ohio EPA, 

Lazarus Government Center 

50 W. Town Street, Suite 700, 

Columbus, Ohio. 

Pursuant to Part D of Titled of 

the Clean Air Act, Ohio EPA is i 

required to establish a state 

implementation plan (SIP) for

 ! 

the attainment and.maintenance of the national ambient 

air quality standards (NAAQS). 

The above mentioned rules 

are a part of Ohio's SIP and i 

ithe proposed amendments 

jbe submitted to USEPA as 

modification of the SIP. The 

'above mentioned hearing s 

be considered the public he 

; ing for the SIP submittal. 

i All interested persons are € 

| tied to attend or be represe 

ed at the hearing and give 

| written or oral comments or 

| this rule change. All oral co: 

! ments presented at the hea 

! ing, and ail written statemei 

i submitted at the hearing or 

I the close of business on 

! August 10, 2007, will be coi 

I sidered by Ohio EPA prior t 

i final action on this rule, Wrr 

; statements submitted after 

i August 10, 2007, may be a 

sidered as time and circum 

i stances permit, but'will not 

! part of the official record of 

: hearing..

 v 

j These rules are available oi 

j the Web page electronic do 

loading by clicking on "regu 

; tions" under the topics" dro 

! down box, The URL is: 

http://www.epa.state.oh.us/( 

c/regs/regs/html. Questions 

; regarding accessing the we 

' site should be directed to 

!

 Arunee Niamlarb at 614-72 

1342; other questions or co 

ments about these rules 

should be directed to Jennfi 

Hunter at Ohio EPA, (614)' 

644-3696,

 1 

jenniferhunter @ epa.state.oi 

s, or mailed to Jennifer Hur 

Ohio EPA, Division Air 

Pollution Control, Lazarus 

Government Center, P.O. & 

1049, Columbus, Ohio 432* 

1049 

Adv. July 6,2007 
ft .^.4-«s > «r^-**#-^^ ^»~v^»«<«th9 f.+4**M^*'l 

•

PHI 

S H I 

- + • • S-4 i 

•t 4 y ? . (- ( « ^ *• y ^ 

• - ^ ! * A ..: $ * * I 

l V'J ^ « " * • -. '• r «* .- H 1 

Public Hearing ! 

Ohio Environmental 

Protection Agency 

Five-Year Rule Review and 

proposed amendment of 

Ohio Administrative Code 

(OAC) rule 3745-15-03, 

proposed amendment and/or 

rescission of select rules in 

OAC Chapter 3745-31, and 

proposed rescission of all 

rules in OAC Chapter 3745-35 

Notice is hereby given that the 

Ohio Environmental Protection 

Agency, Division of Air Pollution Control (DAPC) is proposing: 

1. Amendment cif the following OAC rules: 3745-31-01, 

"Definitions;" 3745-31-02, 

"Requirements;" 3745-31-03, 

"Permit to'install exemptions;" 

3745-31 -04.,. -"Applications;" 

3745-31-05, "Criteria for decision by the director;"' 

3745-31-07, "Revocation;" 

3745-31-10, "Air stationary 

source obligations;" 

3745-31-20, "Attainment 

provisions-innovative control 

technology;" 3745-31-22^ 

"Nonattainment provisions -

conditions for approval;" 

3745-31-29, "General permit to 

install;" 3745-31-30, "CJean 

. unit;" 3745-31 -31, "Pollution 

control project;" 3745-31i-32, 

"Plantwide' applicability limit;" 

and 3745-31-33, "Site preparation activities prior to obtaining 

a final permit to install." 

2. Rescission of the following existing OAC rules and 

proposing new OAC rules ir 

their place: 3745-31-06 

"Termination" (rescind); 

3745-31-06, "Completeness 

determinations, processing requirements, public participation, public notice and 

issuance" (new); 3745-31 -08, | 

"Procedure for decision by 

director" (rescind); 3745-31-08,. 

"Registration status 

permit-to-operate" (new); 

3745-31-09, "Air permit to install completeness determinations, public participation and 

public notice" (rescind); "and 

3745-31--09, "Variance I on 

operation" (new). j 

3. Amendment of OAC rule 

3745-15-03, "Submission of 

emission information," which 

satisfies the requirements of 

Section 119.032 of the Ohio 

Revised Code (five-year review). 

4. Rescission of the following OAC rules: 3745-35-01, 

"Definitions;" 3745-35-02, 

"Permits to operate;" 

3745-35-03, "Variances;" 

3745-35-04, "General policy;" 

3745-35-05, "Permit exemptions and registration status;" 

3745-35-06, "Permits to 

operate for grain and feed processing operations and fertilizer mixing, operations;" 

3745-35-07, "Federally enforceable limitations on potential to emit;" and 3745-35-08, 

"Genera permit to operate." 

The amendments are being 

proposed to implement the 

permit-to-install and operate 

(PTIO) :program. The PTIO program combines 

State of Ohio, County of Washington, SS. 

James Spanner 

. publisher, being duly sworn, 

says that the attached notice was published in The Marietta Times 'a 

newspaper with average daily circulation in excess of_ 10,800* 

printed in and of general circulation in Washington county, Ohio for one 

\time beginning Jul y 9, 2QL07__ 

rl day of. I 

sworn to before me this 

, aero ? . 

Printer's Fee %Li£f), ff i 

I' ^Notary Pljbli^ Washington County, Ohio 

# L19185 

Notary Fee $ 

Total Amount $ N^Q^O^ 

__ 5-Year Rule Review 

"PATRICIA S. REED. Notary Public 

In and hor The State of Ohio 

My [O-'iJO'D'l Commission Expirss, 

Public Hearing 

Ohio Environmental 

Protection Agency 

Proposed amendment of 

Ohio Administrative Code 

(OACj-ruIe 3745-77-01 

Notice is hereby given that 

the Ohio Environmental Protection Agency, Division of Air 

Pollution Control (DAPC) is. 

proposing amendment of OAC 

rule 3745-77-01, "Definitions." 

The amendment is being proposed to address recent 

changes in the corresponding 

federal regulations which affect how ethanol facilities are 

defined as a major source. 

OAC rule 3745-31-01 is also 

affected by this change but is 

being public noticed separately 

as part of the permit-to-install 

and operate (PTIO) rulemaking 

package ' due to the many 

changes in that rule which also 

corresponded specifically to 

the PTIO program. However, 

we will be combining the public 

participation process, including 

the hearing, of both actions. 

Pursuant to Section 121.39 

of the Ohio Revised Code, 

DAPC was required to consult 

with interested parties affected j 

by the rule before the division 

formally adopts it. On May_301_ 

2007, this rule, went out for review py interested - parties 

through June 14, 2007. 

Pursuant to Section 119.03 

of the Ohio Revised Code, a 

public hearing on this rule 

change will be conducted on 

Friday, August 10, 2007 at 

10:00 AM in the Center for Excellence on the 7th Floor at 

Ohio EPA, Lazarus Government Center, .50 W. Town 

Street, Suite 700, Columbus, 

Ohio. 

Pursuant to Part D of Title' I 

of the Clean Air Act, Ohio EPA 

is required to establish a state 

implementation plan (SIP) for 

the attainment and maintenance of the national ambient 

air quality standards (NAAQS). 

The above mentioned rule is a 

part of Ohio's SIP and the proposed amendment will be submitted to USEPA as a modification' pf the SIP. The above 

mentioned hearing shall be 

considered the public hearing 

for the SIP submittal. 

. ' All interested persons are 

entitfed to attend or be 

represented at the hearing and 

give written or oral comments 

on this rule change. All oral 

comments presented at the 

hearing, and all written statements submitted at the hearing 

or by the close of business on 

August 10, 2007, will be considered by Ohio EPA prior to 

final action on this rule. Written statements submitted after 

August 10, 2007, may be considered---as -time and circumstances permit, but will not 

be part of the official record of 

the hearing: 

. This rule is available on the 

Web page for electronic downloading by clicking on 

"regulations" under the "topics" 

drop-down box. The URL is: 

http ://www.epa.state.oh. us/ 

dapc/regs/regs.html. 

Questions regarding accessing 

the web site should be directed to Arnuee Niamlarb at 

614-728-1342; other questions 

or comments about this rule 

should be directed to Jennifer 

Hunter at' Ohio EPA, (614) 

644-3696, 

jennifer.hunter@epa. 

State of Ohio, County of Washington, SS. 

James Spanner publisher, being duly sworn, 

says*that the attached notice was published in The Marietta Times, a 

newspaper with average daily circulation in excess of 10,800 

printed in and of general circulation in Washington county, Ohio, for one 

timfebeginning Jul y 9. 20 07 . 

Printer's Fee $ AlQ, 0$ 

Notary Fee $ t\>CO 

sworn to before me this 

tary PubllcJWashington County, Ohio 

# L19185 

Rule 3745-77-01 

Total Amount %£QLftO? 

in and For The State of Ohio 

My Commission Expires ^1£L^Q^Q^ 
STATE OF OHIO, 

STEUBENVILLE, 

JEFFERSON COUNTY, SS. 

LISA L. BOYER 

being sworn, says she is 

BOOKKEEPER 

of THE HERALD-STAR, a newspaper 

published, and of general circulation 

in said County and City, and that the 

Notice, of which the annexed is a true 

copy, was published in said newspaper 

once on 7-6,2007 

Sworn to and subscribed before me 

[this 6th day of 

July 2007 

AMOUNT: 

ACCT. # 

NOTARY: 

$117.72 

L00129 

V j f OF ' 

NANCY KAUFMANN 

Notary Public, State of Ohio . 

# My Commission Expire June 9,20' 

T 

PUBLIC HEARING 

Ohio Environmental 

Protection Agency 

Proposed Amendment of 

Ohio Administrative Code 

(OAC) Rule 3745-77-01 

Notice is hereby given that 

the Ohio Environmental Protection .Agency, Division of 

Air Pollution. Control (DAPC) 

is proposing amendment of 

OAC rule 3745-77-01, 

"Definitions." 

The amendment is being proposed to address recent 

changes ih the corresponding • 

federal regulations which af- • 

feet how ethanol facilities are

 1 

defined as a major source. 

OAC rule 3745-31-01 is also 

affected by this change but is 

being public noticed separately as part of the permit- . 

to-install and operate (PTIO) 

rulemaking package due to 

the many changes in that rule 

which also corresponded 

specifically to the PTIO program. However, we. will' be 

combing the public participation process, including the 

hearing, of both actions. 

Pursuant to Section 121.39 of 

the Ohio Revised Code, 

DAPC was required to consult with_ interested parties affected by the rule before the 

division formally adopts it. On • 

May 30, 2007, this rule went 

out for. review by interested 

parties through June 14, 

2007. 

Pursuant to Section 119.03 of 

. the Ohio Revised Code, a 

public hearing on this rule 

change* will be conducted on 

Friday, August 10, 2007 at 

10:00 AM in the Center for. 

Excellence on the 7th Floor 

at Ohio EPA, Lazarus 

Government Center, 50 WV 

Town Street, Suite 700, 

Columbus, Ohio. 

Pursuant to Part D of Title I -

of the Clean Air Act, Ohio 

EPA is required to* establish a 

state implementation plan 

(SIP) for the attainment and 

maintenance of the national 

ambient air quality standards 

(NAAQS). The above mentioned rule is a part of Ohio's 

SIP and the proposed amendment will be submitted to 

USEPA as a modification of 

the SIP. The above mentioned hearing shall be considered the public hearing for 

the SIP submittal. 

All interested persons are entitled to attend or be 

represented at the hearing 

and give written or oral comments on this rule change. AH 

oral comments presented at 

the hearing, and all written 

statements submitted at the 

hearing or by the close of 

business on August 10, 2007, 

will be considered by Ohio 

EPA prior to final action on 

this rule. Written statements 

submitted after August 10, 

2007, may be considered as 

time and circumstances permit, but will not be part of the 

official record of the hearing. . 

This rule is available on the 

Web page for electronic 

downloading by clicking on 

"regulations" under the 

"topics" drop-down box. The 

URL is: http://www.epa. 

state.oh.us/dapc/regs/regs. 

html. Questions regarding accessing the web site should 

be directed to Arunee Niamlarb at 614-728-^342; other 

questions or comment about 

this rule should be directed to 

Jennifer Hunter at Ohio EPA, 

(614) 644-3696, jennifer, 

hunter@epa.state.oh.us, or 

mailed to Jennifer Hunter, 

Ohio EPA, Division Air Pollution Control, Lazarus Government Center, P.O. Box 1049, 

Columbus, Ohio 43216-1049.. 
of THE HERALD-STAR, a newspaper 

published, and of general circulation 

in said County and City, and that the 

Notice, of which the annexed is a true 

copy, was published in said newspaper 

once on 7-6,2007 

'STATE OF OHIO, 

STEUBENVILLE, 

JEFFERSON COUNTY, SS. 

LISA L. BOYER 

being sworn, says she is 

BOOKKEEPER 

Sworn to and subscribed before me 

his 6th day of 

July 2007 

AMOUNT: 

ACCT. # 

NOTARY: 

$226.80 

L00129 

NANCY KAUFMANN 

Notary Public, State of Ohio 

/ My Commission Expires June 9,201 <3-

OA 

PUBLIC HEARING 

Ohio Environmental 

Protection Agency 

Five-Year Rule Review and 

Proposed Amendment of 

Ohio Administrative Code 

(OAC) rule 3745-15-03, 

proposed amendment 

and/or 

rescission of select rules 

in 

OAC Chapter 3745-31, and 

proposed rescission of all 

rules in OAC Chapter 

3745-35. 

Notice is hereby given that 

the Ohio Environmental Protection Agency, Division of 

Air Pollution Control (DAPC) 

is proposing: 

1. Amendment of the following OAC rules: 3745-31-01, 

"Definitions"; .3745-31-02, 

"Requirements"; 3745-31 -03, 

"Permit "t o install 

exemptions"; 3745-31-04, 

"Applications"; 3745-31-05, 

"Criteria for decision by the 

director"; . 3745-31-07, 

"Revocation"; 3745-31^10, .. ! 

"Air.;. stationary source

 ; 

obligations"; 3745-31-20, ; 

"Attainment provisions - inno- .: 

vative control technology",

 : 

3745-31-22, "Nonattainment ' 

provisions - conditions for 

approval"; 3745-31 -29, 

"General permit to install"; 

3745-31-30, "Clean unit"; 

3745-31 -31, "Pollution control 

project"; 3745-31-32, 

"Plantwide applicability limit"; 

and 3745-31-33, "Site 

preparation activities prior to 

obtaining a final permit to 

install". 

2. Rescission of the following 

existing OAC rules and pro- • 

posing new OAC rules in their 

place:,' 3745-31-06, 

"Termination" (rescind); 

3745-31-06, "Completeness 

determinations, processing 

requirements, public participation, public notice and 

-issuance" (new)' 3745-31-08, 

"Procedure for decision by 

director" (rescind); and 

3745-31-08, "Registration 

status permit-to-operate" 

(new); 3745-31-09, "Air permit 

to install completeness deter-

. minations, public participation 

and public notice" (rescind); 

and 3745-31-09, "Vaciance on 

operation" (new). " 

• 3. Amendment of OAC rule 

3745-15-03, "Submission of 

emission information", which 

.satisfies the requirements of 

Section 119.032 of the tOhio 

Revised Code (five-year review).; 

4. Rescission of the following 

OAC rules: 3745-35-01, 

"Definitions"; 3745-32-02, 

"Permits to operate"; 

3745-35-03, "Variances"; 

3745-35-04, "General policy"; 

3745-35-05, "Permit exemptions and registration status"; 

3475-35-06, "Permits to 

operate for grain and feed 

processing operations and 

fertilizer mixing operations"; 

. 3745-35-07, "Federally enforceable limitations on potential • to emit"; and 

3745-35-08 "General permit 

t o 

operate", 

The amendments are being 

proposed to implement the 

permit-to-install and operate 

(PTIO) program. The PTIO 

program combines the 

current permit-to-install (PTI) 

and permit-to-operate (PTO) 

programs. Rather than requiring a source to apply for a 

PTI, which is issued with 

~ both installation and operation -

terms, and then apply for a 

PTO within a year of construction, the new program 

will require one application for 

both a PTI and PTO and both 

inetoiiatinn and oDeration requirements will be issued 

under one document. An additional amendment to OAC 

rule 3745-31-01 is being proposed to address recent 

changes in the. corresponding 

federal regulations which affect how ethanol facilities are 

defined as a major source. 

Lastly, additional amend- ; 

ments to the following rules 

are incorporated to address 

recent changes in the 

corresponding federal regulations that address pollution 

control projects and clean 

unit provisions: OAC rule 

3745-31-01 (Y), (JJJ), (TIT), 

(SSSS); OAC rule 

3745-31-10(C); OAC rule 

3745-31-22(A)(3); OAC rule 

3745-31-30; and OAC rule 

3745-31-31. • 

Pursuant to Section 121.39 of 

the Ohio Revised Code, 

DAPC was required -to con--

suit with interested parties affected by the rules before the 

division formally adopts 

ihenv Qn March 13; 2007, 

these rules went out for a 45 

day review by interested parties. On May 30, 2007, the 

additional change in rule 

3745-31-01 regarding ethanol 

facilities went out for a 15 

day review by interested parties. 

Pursuant to Section 119.03 of 

the Ohio Revised Code, a 

public hearing on this rule 

change will be conducted on 

Friday, August 10, 2007 at 

10;00 AM in the Center for 

Excellence on the 7th Floor 

at Ohio ,EPA, Lazarus 

Government' Center, 50 W. 

Town Street, Suite 700, 

Columbus,-Ohio. 

Pursuant to Part D of Title I 

of the Clean Air Act, . Ohio 

EPA is required to establish a 

state implementation plan 

(SIP) for the attainment and

 % 

maintenance of the national 

ambient air quality standards 

(NAAQS)I The above mentioned rules are a part of 

Ohio's SIP and the proposed 

amendments will be submitted to USEPA as a modification of-the SIP. The above 

mentioned hearing shall be 

considered the public hearing 

for the SIP submittal. 

Ail interested persons are entitled to attend or be 

represented at the hearing 

and give written or oral comments on this rule change. All 

oral comments presented at 

the hearing, and all written 

statements submitted at the 

hearing or by the close of 

business on August 10, 2007, 

will be considered by Ohio 

EPA prior to final action on 

this rule. Written statements 

submitted aftert August 10, 

2007,' may be considered as 

time and circumstances permit, but will not be part of the 

official record of the hearing. 

These rules are available on 

the Web page for electronic 

downloading by clicking on 

"regulations" under the 

"topics" drop-down box. The • 

URL is: http://www.epa. 

state.oh.us/dapc/regs/regs. 

html. Questions regarding 

accessing the web site 

should be directed to Arunee 

Niamlarb at 614-728-1342; 

other questions or comments 

about these rules should be 

directed to Jennifer Hunter at 

Ohio EPA, (614) 644-3696, 

jennifer.hunter@epa.state.bh. 

us, or mailed to Jennifer 

Hunter, Ohio EPA, Division 

Air Pollution Control, Lazarus 

Government, P.O. Box 1049, 

Columbus, Ohio 43216-1049. 

7-6, 2007 Adv. 
THE COLUMBUS DISPATCH 

PROOF OF PUBLICATION 

STATE OF OHIO, FRANKLIN COUNTY. SS: 

Shelly Donovan 

Classified Merchandise Services Manager 

The Columbus Dispatch, a newspaper published at 

Columbus, Franklin County, Ohio, with a daily 

paid circulation of over 200,000 copies, 

personally appeared and made oath that the 

notice of which a true copy is hereunto attached 

was published in The Columbus Dispatch for 1 Time(s) on 

July 6, 2007 

and that the rate charged therefore is the same 

as that charged for commercial advertising for 

like services. 

subscribed and S$orn on this 9th day of July 

2007 as witness my hand and seal of office. 

NOTARY PUBLIC - STATE OF OHIO 

VERONICA H. HILL 

mm PUBLIC, SW E OF OHIO 

COMMISSION EXPIRES NOVEMBER 6,2008 

o,6 -

Public Hearing 

Ohio Environmental Protection Agency 

Five-Year Rule Review and proposed 

amendment of Ohio Administrative Code 

OAC) rule 3745-15-03, proposed amendment 

and/or rescission of select rules in OAC 

Chapter 3745-31, and proposed rescission of 

all rules in OAC Chapter 3745-35 

Notice is hereby given that the Ohio Environmental Protection Agency, Division of Air. Pollution Control (DAPC) is proposing: 

1. Amendment of the following OAC rules; 

3745-31-01, "Definitions;" 3745-31-02, 

"Requirements;" 3745-31-03, "Permit to-install 

exemptions;" 3745-31-04, "Applications;" 

3745-31-05, "Criteria for decision by the director;" 3745-31-07, "Revocation;"-3745-3140, "Air 

stationary source ..obligations;". 3745-3i-20, 

"Attainment provisions •-^nnqvatlye, control 

technology;" .3745-31-22, ""Nbnatfaihmeht provisions - conditions for approval'; "' 3745r31-29, 

"General permit to install; 1 1 '3745-31-30, "Clean 

unit;" 3745-31-31, "Pollution control proj&ct;" 

3745-31-32, "Plantwide applicability limit; 1 1 

and 3745:31r35, "Site preparation actiyities 

prior to obtaining a final permit to install." 

2. Rescission of the following OAC rules and 

proposing new OAC rules in their place: 

3745-31-06, "Termination" (rescind); 3745-31-06 

"Completeness determinations, processing requirements, public participation, public notice 

and issuance" (new); 3745-31-08, "Procedure ; 

for decision by director" (rescind); 3745-31-08, J 

"Registration status permit-to-operate" 

(new); 3745-31-09, "Air permit to install com-

. pleteness determinations, public participation 

and public notice" (rescind); and 3745-31-09, 

' "Variance on operation" (new). 

3. Amendment of OAC rule- 3745-15-03, 

"Submission of emission information." which 

satisfies the requirements of Section 119.032 of 

the Ohio Revised Code (five-year review). 

4. Rescission of the following OAC rules: 

3745-35-01, "Definitions;" 3745-35-02, "Permits 

to operate;" 3745-35-03, "Variances;" 

3745-35-04, "General policy;" 3745-35-05, 

, "Permit exemptions and registration status;" 

3745-35-06, "Permit to operate for grain and 

feed processing operations and fertilizer mixing operations;" . 3745-35-07, "Federally enforceable limitations on potential to emit;" 

and 3745-35-08, "Genera-permit to operate." 

The amendments are being proposed to implement the permit-to-install and operate (PTIO) 

program. The PTIO program combines the 

current permit-to-install (PTI) and permit-tooperate (PTO) programs. Rather than requiring a source to apply for a PTI, which is issued 

with both installation and operation terms, 

and then apply for a PTO within a year of construction, the new program will require one 

application for both a PTI and PTO and both 

installation and operation requirements will 

be issued under, one'document. An additional 

amendment to OAC rule 3745-31-OT is being 

proposed to address recent changes in the corresponding federal regulations which affect 

how ethanol facilities are defined as a major 

source. Lastly, additional amendments to the 

following rules are incorporated to address recent changes in the corresponding federal regulations that address pollution control projects 

and clean unit provisions: OAC rule 

3745-31-01 (Y), (JJJ), (ITT), (SSSS); OAC rule 

3745-31-10(0 ; OAC rule 3745-31-22(A) (3); OAC 

rule 3745-31-30; and OAC rule 3745-31-31. 

Pursuant to Section 121.39 of the Ohio Revised 

Code, DAPC was required to consult with interested parties affected by the rules before 

the division formally adopts them. On March 

13, 2007, these rules went out for a 45 day review by interested parties. On May 30^ 2007, 

the additional change in rule 3745-31-01 regarding ethanol facilities went out for a 15 day review by Interested parties. 

Pursuant to Section 119.03 of the Ohio Revised 

Code, a public hearing on this rule change will 

be conducted on Friday, August 10, 2007 at 

10:00 A M in the Center for Excellence on the 

7 th Floor at Ohio EPA , Lazarus Government 

Center, 50 W. Town Street, Suite 700, Columbus, Ohio. 

Pursuant to Part D of Title I of the Clean Air 

Act, Ohio EP A Is required to establish a state 

implementation plan (SIP) for the attainment 

and maintenance of the national ambient air 

quality standards (NAAQS). The above mentioned rules are a part of Ohio's SIP and the 

proposed amendments will be submitted to 

USEPA as a modification of the SIP. The 

above mentioned hearing shall be considered 

the public hearing for the SIP submitted. 

•All interested parties are entitled to attend or 

be represented at the hearing and give written 

or oral comments on this rule change. All oral 

comments presented at the hearing, and all 

written statements submitted at fhe hearing or 

by the close of business on August 10, 2007, will 

be considered by Ohio EP A prior to final action on this rule. Written statements submitted 

after August 10, 2007, may be considered as 

time and circumstances permit, but will not be 

part of the official record of the hearing. 

These rules are available on the Web page for 

electronic downloading by clicking on 

"regulations" under the "topics" drop-down 

box. The UR L is: http://www;epa.state.oh.us/ 

ddpc/regs/regs.html. Questions regarding accessing the web site should be directed to Arunee Niamlarb^at. 614-728-1342; other questions 

or comments about these rules should be directed to Jennifer Hunter at Ohio EPA, 

(614)644-3696,. 

iennifer.hunter® 

epa.state.oh.us 

or mailed to Jennifer Hunter, Ohio EPA , Divi-

, sion Air Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 

43216-1049. 
THE COLUMBUS DISPATCH 

PROOF OF PUBLICATION 

STATE OF OHIO, FRANKLIN COUNTY. SS: 

Shelly Donovan 

Classified Merchandise Services Manager 

The Columbus Dispatch, a newspaper published at 

Columbus, Franklin County, Ohio, with a daily 

paid circulation of over 200,000 copies, 

personally appeared and made oath that the 

notice of which a true copy is hereunto attached 

was published in The Columbus Dispatch for 1 Time(s) on 

July 6, 2007 

and that the rate charged therefore is the same 

as that charged for commercial advertising for 

like services. 

subscribed and Sworn on this 9th day of July 

2007 as witness my hand and seal of office. 

NOTARY PUBLIC - STATE OF OHIO 

VERONICA H. HILL 

NOTARY PUBLIC, STATF OF OHIO 

* MY COMMISSION EXPIRES NOVEMBER 6,2008 

^ \1 -

x 

\S tt 

Public Hearing 

Ohio Environmental 

. Protection Agency 

Proposed amendment of 

Ohio Administrative Code 

(OAC) rule 3745-77-01 

Notice is hereby given that 

the. Ohio.' Environmental 

Protection Agency, Division 

of Air Pollution Control 

(DAPC) is proposing amendment" of

 ;

. OAC -. rule 

3745-77-01* "Definitions.", . 

the amendment is being, 

proposed to address recent 

changes in the corresponding, federal regulations 

which affect how ethanol 

facilities are defined as a 

major source. .OAC rule 

3745-31-01 is also affected 

by this change but is being 

public noticed separately as 

part of the permit-to-install 

and operate (PTIO) rulemaking package due to the 

many changes in that rule 

which also corresponded 

specifically to the PTIO program. However, we will be 

combining the public par 

ticipation process, includ 

ing the hearing, of both actions. 

Pursuant to Section 121.39 

of the Ohio Revised Code, 

DAPC was required to consult with interested parties 

affected by the rule before 

the division formally adopts 

it. On May 30,2007, this rule 

went out for review by interested parties through 

June 14, 2007. 

Pursuant to Section 119.03 

of the Ohio Revised Code, a 

public hearing on this rule 

change will. be • conducted 

on Friday, August 10, 2007 

at 10:00 AM in the Center 

for Excellence on the 7th 

Floor at Ohio EPA, Lazarus 

Government Center, 50 W. 

Town Street, Suite 700, Columbus,.Ohio. 

Pursuant to Part D of Title I 

of the Clean Air Act, Ohio 

EPA is required to establish 

a state implementation plan 

(SIP) for the attainment and 

maintenance of the national 

ambient air quality stan-1 

dards (NAAQS). The above 

mentioned rule is a part of 

Ohio's SIP and the proposed amendment will be 

submitted to USEPA as a 

modification ofthe SIP. The 

above mentioned hearing 

shall be considered the 

public, hearing'for the SIP 

submittal. 

All interested persons are 

entitled to attend or be represented at the hearing and 

give written or oral comments on. this rule change. 

All oral comments presented at the hearing, and all 

written statements submitted at the hearing or by the 

close of business on August 

10, 2007, will be considered 

by Ohio EPA prior to final 

action on this rule. Written 

statements submitted after 

August 10,2007, may be considered as time and circumstances permit, but will not 

be part of the official 

record of the hearing. 

This rule is available on the 

Web page for electronic 

downloading by clicking on 

"regulations" • under the 

"topics" drop-down box. The 

URL is: http:// 

www.epa.state.oh.us/dapc/ 

regs/regs.html Questions 

regarding accessing the web 

site should be directed to 

Arunee Niamlarb at at 

614-728-1342; other questions or comments about 

this rule should be directed 

to Jennifer Hunter at Ohio 

EPA, (614) 644-3696, 

jennifer.hunter@ 

epa.state.oh.us 

or mailed to Jennifer Hunter, Ohio EPA, Division Air 

Pollution Control, Lazarus 

Government Center, P.O. 

Box 1049, Columbus, Ohio 

43216-1049. 
Article IV 

Attachment D 

Letter to Secretary of State 

and Director of LSC 

-24 -
Electronic Rule lilin 

The Honorable Jennifer Brunner 

Secretary of State 

180 E. Broad St., 15th Floor 

Columbus,OH 43215 

James W. Burley, Director 

Legislative Service Commission 

77 South High St., 9th Floor 

Columbus,OH 43215 

William L. Hills, Executive Director 

Joint Committee on Agency Rule Review 

77 South High St., Concourse Level 

Columbus,OH 43215 

The Honorable Lee Fisher, Director 

Department of Development 

77 South High St., 27th Floor 

Columbus,OH 43215 

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of 

the Ohio Revised Code. 

Package Number: 

File Date and Time: 

Confirmation Number: 

28917 

07/03/2007 08:09 AM 

a87e30fd4e59ed36d441 a7450ee43ad 

ORIGINA L FIL E 

Rule Number Type FYR? JE Date 

3745-15-03 Amendment Y 09/06/2007 

3745-31-01 Amendment N 09/06/2007 

3745-31-02 Amendment N 09/06/2007 

3745-31-03 Amendment N 09/06/2007 

3745-31-04 Amendment N 09/06/2007 

3745-31-05 Amendment N 09/06/2007 

3745-31-06 Rescission Y 09/06/2007 

3745-31-06 New N 09/06/2007 

3745-31-07 Amendment N 09/06/2007 

3745-31-08 Rescission Y 09/06/2007 

3745-31-08 New N 09/06/2007 

3745-31-09 Rescission Y 09/06/2007 

3745-31-09 New N 09/06/2007 

3745-31-10 Amendment N 09/06/2007 

Eff Date Next FYR Tagline 

Submission of emission information. 

Definitions. 

Requirements. 

Permit-to-install exemptions. 

Applications. 

Criteria for decision by the director. 

Termination. 

Completeness determinations, processing requirements, public 

participation, public notice, and issuance. 

Revocation. 

Procedure for decision by director. 

Registration status permit-to-operate. 

Air permit-to-install completeness determinations, public participation 

and public notice. 

Variances on operation. 

Air stationary source obligations. 

Page 1 
Rule Number Type FYR? JE Date Eff Date Next FYR Tagline 

3745-31-20 Amendment N 09/06/2007 Attainment provisions - innovative control technology. 

3745-31-22 Amendment N 09/06/2007 Nonattainment provisions - conditions for approval. 

3745-31-29 Amendment N 09/06/2007 General permit-to-install. 

3745-31-30 Amendment N 09/06/2007 Clean unit. 

3745-31-31 Amendment N 09/06/2007 Pollution control project. 

3745-31-32 Amendment N 09/06/2007 Plantwide applicability limit (PAL). 

3745-31-33 Amendment N 09/06/2007 Site preparation activities prior to obtaining a final permit-to-install. 

3745-35-01 Rescission Y 09/06/2007 Definitions. 

3745-35-02 Rescission Y 09/06/2007 Permits-to-operate. 

3745-35-03 Rescission Y 09/06/2007 Variances. 

3745-35-04 Rescission Y 09/06/2007 General policy. 

3745-35-05 Rescission Y 09/06/2007 Permit exemptions and registration status. 

3745-35-06 Rescission Y 09/06/2007 Permits-to-operate for grain and feed processing operations and 3745-35-06 Rescission 09/06/2007 

fertilizer mixing operations. 

3745-35-07 Rescission Y 09/06/2007 Enforceable limitations on potential to emit. 

3745-35-08 Rescission Y 09/06/2007 General permit-to-operate. 

Page 2 
Article IV 

Attachment E 

RSFAs 

-26 -
ACTION: Final DATE: 06/02/2008 8:25 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-15-03 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Submission of emission information. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(E) 

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

or implements: 3704.03(F) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 3745-31) and 

permit-to-operate (contained in OAC Chapter 3745-35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

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Page 2 Rule Number: 3745-15-03 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 of the rule: 

The current rule provides a mechanism for the director to require the keeping and 

periodic submission of records and reports related to emissions of air contaminants. 

It further provides the director with authority to have the information recorded, 

compiled, and submitted in a manner and form prescribed by the director. 

Historically, permits issued by the director contain recordkeeping and reporting 

requirements. One such report required in permits issued under today's standards is 

quarterly deviation reporting. Under the PTIO program, the quarterly reporting 

program is being changed to a Permit Evaluation Report (PER) program. Compared 

to quarterly reporting, the PER will provide greater amounts of compliance 

information and be simpler to complete. Under the PTIO program, each facility that 

receives a PTIO will be obligated to submit a PER rather than a quarterly report. 

The PER will need to be submitted on an annual basis for all emissions units 

regulated by a PTIO. The information provided in the PER will include information 

currently required through specific quarterly reporting along with additional more 

comprehensive information not previously reported. Facilities who currently are not 

required to submit reports will be obligated to submit a PER for all emission units 

regulated by an issued PTIO. Under the PTIO program, Ohio EPA will provide 

facilities with a PER form and annual reporting reminders. Ohio EPA district staff 

and local air agencies will also assist facilities with completion of the report as 

needed. The new structured reporting regimen is expected to increase compliance, 

improve consistency in reporting and lead to a better understanding of permittee 

record-keeping and reporting obligations. Facilities will use the PER to report 

compliance issues, deviations, exceedances, visible emission incidents, and affirm 

that they have read, understand and will maintain compliance with permit 

requirements. Ohio EPA staff will also conduct regulatory oversight through review 

of PER data and compliance inspections. An additional benefit of the PER is 

increased communication between facilities and Ohio EPA. Facilities can use the 

PER to report changes in ownership, business shutdowns, shutdown of emissions 

units and violations. Gathering this information in a consistent and predictable 

manner will also help improve the accuracy of data available to the public. Also 

part of this amendment includes direct incorporation of the 

procedures/requirements for quarterly reporting which will still be in place for 

sources not covered under a PTIO. For full details ofthe changes please see the 

attached "Synopsis of Changes." 
Page 3 Rule Number: 3745-15-03 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rule. The rules were pulled from the JCARR 

process on January 22, 2008 to allow time to address comments from potentially 

affected parties. After reviewing the comments and meeting with the parties, it was 

determined that no additional changes would be necessary. The rules are being 

refiled to complete their JCARR jurisdiction prior to adoption. 

The following are changes which were made to the rule for the initial refiling on 

January 2, 2008: 

o Paragraphs (B)(1) and (B)(2): the phrase "of a facility" was inserted to ensure the 

owner or operator of a facility, with multiple facilities within Ohio, would be 

submitting reports by individual "facility" rather than one report covering all 

facilities as the language may have implied. This was not the intent of the rule 

language; therefore, the correction was made to provide clarity. 

o Paragraphs (B)(1)(a) and (B)(1)(b): revised to clarify the types of facilities 
Page 4 Rule Number: 3745-15-03 

required to submit quarterly versus the annual permit evaluation report (PER). The 

original language implied the entire federally enforceable permit-to-install and 

operate (FEPTIO) would fall under quarterly reporting. This was not the intent. 

Ohio EPA intends for only terms and conditions which are part of a federally 

enforceable limitation to be subject to quarterly reporting while the remaining terms 

and conditions will be reported on an annual basis. 

o Paragraph(B)(2)(a): this paragraph was moved up to (B)(2) to follow proper rule 

writing convention. 

o Paragraphs (C)(2) and (D)(2)(b): the term "postmarked" was replaced with the 

term "submitted" in the paragraph because of a commenter's concern regarding the 

ability to submit these reports through other means than the postal service. A 

comment was incorporated to describe what submitted means with respect to 

postal, electronic, and hand delivery. 

o Paragraph (C)(4): the word "may" was replaced with the phrase "shall be 

deemed" to provide clarity to the paragraph due to a commenter's concern that it 

would be impossible to know, especially in advance, whether quarterly reporting 

under Title V would satisfy the quarterly reporting required under this rule. 

o Paragraph (D)(1): a grammatical error was corrected by incorporating the word 

"to". 

o Paragraph (D)(1)(b): removed examples of items contained in the section of the 

report referenced in this paragraph. 

o Paragraph (D)(2)(a): "on an annual basis" was replaced with "annually." Also in 

the subparagraphs "submitted" was replaced with "report due". 

o Paragraph (D)(2)(b): "due" was added as follows; "by the due date specified". 

o Paragraph (E): deleted this paragraph which contained the requirement for these 

reports to be signed by the submitter due to liability concerns expressed by a 

commenter. 

12. 119.032 Rule Review Date: 7/3/2007 and 06/30/2013 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 
Page 5 Rule Number: 3745-15-03 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase 

/decrease either revenues /expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will decrease expenditures. 

$3,600,000 

First it is important to note that Ohio EPA Division of Air Pollution Control 

(DAPC) has not had adequate funding and staff necessary to perform all the 

permitting functions under the current program. This has resulted in a lengthy 

backlog of permits-to-operate for many years. The basis of savings identified in this 

section is under the presumption that the Agency had adequate funding to complete 

all the work. In reality, the Agency may see less savings because we will now be 

able to complete the permitting functions, under the new PTIO Program, within the 

current budget. 

In comparing the cost of permitting under the current program compared to 

permitting under the new PTIO program, not only are there the cost benefits that 

have been conservatively estimated at over $3.6 million per year, but there are also 

many other benefits that DAPC, Ohio EPA and the state of Ohio will realize from 

implementation of the PTIO Program. 

As detailed in the attached spreadsheet ("PTIO Savings"), over the next ten years, it 

is conservatively estimated that over $30 million could be saved due to 

implementation of this program. Most significantly, the savings realized from 

reduced labor will be in excess of $3.2 million per year. In 2002, DAPC as a whole 

(includes all offices and all divisions), spent over $15 million on labor and fringe 

benefits (health, retirement, etc). DAPC could realize approximately a 21% savings 

in this annual cost from implementation of this program alone. There is also a cost 

benefit associated with reduced material usage, such as paper, envelopes, postage, 

and public notice requests. This amounts to approximately $474,000 per year. 

There are many other areas where savings will be realized but have not been 

included here to further keep the estimate conservative (e.g., reduced storage space, 

filing systems and filing supplies that will be needed). 

Not only could DAPC realize a substantial savings in costs associated with 

implementation of this program, industry subject to the DAPC permitting process 

will also realize significant savings in consultant fees, material costs and labor costs 

associated with filling out applications, tracking renewals, submitting required 

reports, etc. Industry should also benefit from a reduction in confusion resulting 

from the streamlining of this program. Industry will no longer need to submit and 

track multiple applications, reports and renewals with varying due dates and 
Page 6 Rule Number: 3745-15-03 

renewal periods. For example, a facility will no longer need to apply for both a PTI 

and PTO; they will no longer need to modify two documents when making a 

change to an emission unit, they will submit one report annually rather than 

multiple reports quarterly, and they will no longer need to renew each emission unit 

every five years from the issuance date (most facilities will renew all units on the 

same date once every ten years). 

Implementation of this program is also an example of the continued importance of 

environmental stewardship exhibited by Ohio EPA. Although the cost benefit 

associated with reduced material usage such as paper and envelopes is not 

significant, the reduced consumption of our valuable resources will be significant. 

Paperwork would be reduced under the PTIO process since separate PTI and PTO 

applications would no longer be required and only one permit document would be 

issued. Paperwork will be further reduced because the certification of installation 

(Construction Compliance Certification) under the current PTI process would no 

longer be needed upon completion of construction or installation of the emissions 

unit(s). Under the PTIO process, an emissions unit's installation status would be 

indicated on the Annual Report. A significant amount of paper is consumed in the 

process of developing a permit and to reduce this as a result of the implementation 

of this program will be an obvious benefit to the environment. 

Other benefits to the environment can be realized from reduced permitting related 

labor. Time saved on developing permits can be time used elsewhere in DAPC to 

continue to improve the air quality of Ohio. There will also be advantages to 

compliance and enforcement indirectly realized from this recommendation. 

Enforcing the terms and conditions of a PTIO will be easier with the new 

permitting process because the requirements will be consolidated into one permit 

rather than two, simplifying compliance evaluations and regulatory expectations. 

As a result, confusion on the part of industry should decrease and the number of 

facilities in compliance should increase. 

In closing, implementation ofthe PTIO Program could provide a significant cost 

benefit to both Ohio EPA and Ohio's industry and further enhance the 

environmental stewardship that is so important to Ohio EPA. Furthermore, the 

streamlined approach will reduce confusion for all parties involved in Ohio's 

permitting process while maintaining, if not improving, compliance with and 

enforcement of Ohio's air regulations. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 
Page 7 Rule Number: 3745-15-03 

information/estimated costs, e.g. industry, CFR, internal/agency: 

Please see the attached "Fiscal Analysis." 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 12/04/2007 8:10 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control fDAPQ Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-01 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Definitions. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G) 

to adopt the rule: 119.03 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

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Page 2 Rule Number: 3745-31-01 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

Lastly, we are also including changes to our PCP and Clean Unit rules. After an 

extensive public participation process, Ohio EPA incorporated the 2002 federal 

NSR Reform Regulations into OAC Chapter 3745-31 in October of 2004. On June 

24, 2005, the D.C. Circuit Court of Appeals ("Court") made a decision regarding 

challenges to the 2002 federal NSR Reform regulations. The results include the 

vacation of the Clean Unit applicability test and the Pollution Control Project (PCP) 

exemption. Ohio EPA has provided information to stakeholders during previous 

rulemaking activity regarding OAC Chapter 3745-31 that we have no intention of 

implementing the PCP and Clean Unit provisions vacated by the court until such 

time that the Court, or U.S. EPA, incorporates changes or renders a new decision 

regarding their vacation. Previously we decided not to amend the OAC to remove 

these provisions until further decisions are rendered. Ohio EPA has informed 

stakeholders in the past that we intend to amend the relevant portions of our rule, if 

necessary, when a final decision regarding the NSR Reform regulations is made in 

the appellate system. June 13, 2007, the USEPA adopted a final action to amend 

their PCP and Clean Unit rules based on the court's ecision. [72 FR 113, 

promulgated June 13, 2007, effective June 13, 2007] Ohio EPA has now decided it 

is the appropriate time to also amend our relevant rules to remove the PCP and 

Clean Unit provisions that implemented the vacated federal program. 

7. If the rule is an AMENDMENT, then summarize the changes and the content 

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

then summarize the content of the rule: 

Amendment of this rule is necessary to incorporate definitions from the 

permit-to-operate program currently contained in OAC rule 3745-35-01, to add 

additional definitions pertinent to the PTIO program and to update the 

incorporation by reference section. We have also incorporated a recent federal 

amendment that affects ethanol facilities to paragraph (LLL) and amendments to 

the clean unit language and PCP language contained in paragraphs (Y), (III), (SSS) 

and (RRRR). 

For full details of the changes please see the attached "Synopsis of Changes". 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 ofthe Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 
Page 3 Rule Number: 3745-31-01 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version of the rules. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

This rule also contains references to the United States Code (USC). These rules are 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. USC references have also been dated to reference the specific version of 

the rules. ORC 121.75 (D) exempts such references from the requirements of ORC 

121.71 through 121.74. 

This rule also contains references to the Clean Air Act, Resource Conservation and 

Recovery, Federal Power Act and Energy Supply and Environmental Coordination 

Act of 1974. These acts are generally available through libraries, Ohio EPA and 

Government Printing Office's websites. References to these acts have also been 

dated to reference the specific version of the act. ORC 121.75 (D)exempts such 

references from the requirements of ORC 121.71 through 121.74. 

The rule also contains references to organizations and their documents and/or other 

materials utilized by regulators and impacted parties to determine or achieve 

compliance with these rules. These organizations and materials are commonly 

known and utilized by sources subject to environmental regulations. Copies of 

these documents are available in libraries and the websites for AIRS, Control 

Technology Center, and SICM. References to these organization's documents have 

also been dated to reference the specific version of the document. ORC 121.75 

(D)exempts such references from the requirements of ORC 121.71 through 121.74. 

Referenced materials are cited, dated and availability noted in OAC rule 

3745-31-01 (AAAAAA). 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable 
Page 4 Rule Number: 3745-31-01 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This rule was "to be refiled" in order to address comments and necessary changes 

related to the implement the PTIO program. The other rules associated with the 

PTIO program will be refiled at a later date. This rule is being refiled at this time to 

allow the changes related to ethanol facilities to be implemented. Another rule is 

also being refiled that affects the ethanol change, OAC rule 3745-77-01. The 

changes that are a part of this refile are only related to those necessary for the PTIO 

program, as follows: 

Paragraph (NN): a crossreference was changed due to a change in the outline of 

another rule. 

Paragraph (WW) : language regarding capacity factor was removed because a 

commenter was concerned that it would not be legally possible for the definition of 

"potential to emit" to "alter or affect" a different term - "capacity factor" - as used 

in the Clean Air Act or the regulations promulgated thereunder. Our analysis of 

prior rule making found this language was not necessary to the definition. 

Paragraph (BBBBB): the definition for PTIO was amended to provide clarity and 

remove redundant language. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 
Page 5 Rule Number: 3745-31-01 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

This rule contains definitions and therefore there is no direct budget impacts 

associated with this specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

This rule contains definitions and therefore there is no direct cost to affected 

persons associated with this specific rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-02 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Requirements. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G) 

to adopt the rule: 119.03 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

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Page 2 Rule Number: 3745-31-02 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 outlines the applicability for the chapter, specifically, what types of 

permits are required for minor vs. major sources and for new installations vs. 

modifications. It also outlines the procedures and requirements for sources that 

switch between the Title V program (operating program for major sources) and the 

non-Title V PTIO program (operating program for minor sources). It provides 

procedural requirements for permanently shutting down an emissions unit permitted 

under a PTIO. It provides information regarding the obligations to comply and if an 

entity is in violation of a permit (or exemption from), the remedy mechanisms the 

director can use. Several portions ofthe operating program for minor sources under 

OAC Chapter 3745-35 have been directly incorporated into this rule. For full 

details of the changes please see the attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

This rule also contains references to the Clean Air Act. This act is generally 

available through libraries, Ohio EPA and Government Printing Office's websites. 

References to this act have also been dated to reference the specific version of the 

act. ORC 121.75 (D)exempts such references from the requirements of ORC 

121.71 through 121.74. 

Referenced materials are cited, dated and availability noted in OAC rule 

3745-31-01 (AAAAAA). 
Page 3 Rule Number: 3745-31-02 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules were pulled from the JCARR 

process on January 22, 2008 to allow time to address comments from potentially 

affected parties. After reviewing the comments and meeting with the parties, it was 

determined that no additional changes would be necessary. The rules are being 

refiled to complete their JCARR jurisdiction prior to adoption. 

The following are changes which were made to the rule for the initial refiling on 

January 2, 2008: 

o Crossreferences due to changes in the outline of other rules were updated. 

o Several grammatical corrections were made throughout this rule, such as 

replacing "which" with "that" or replacing "said" with "those". 

o Opening paragraph and comment: "at facilities" was incorporated into several 

locations to provide clarity. 

o Opening paragraph and paragraph (A)(1)(a): the phrase "or will be" was 

incorporated to clarify that in some cases, a facility is not subject to the Title V 

program until installation or modification has occurred. 

o Comment: the phrase "for sources not subject to Chapter 3745-77 ofthe 

Administrative Code" was replaced with "under a variance". The comment was 

written to imply Title V facilities are not able to obtain a variance. The Ohio 

Revised Code (ORC) is silent as to whether variances may be issued for Title V 

sources; therefore, the language was amended so that the OAC is also silent. Also, 

with respect to variances, the phrase "in violation of any applicable law" was 

deleted. It is redundant here and OAC rule 3745-31-09 discusses in greater detail 

what a variance is and does. 
Page 4 Rule Number: 3745-31-02 

o Paragraph (A)(1)(b): the phrase "until such time as a PTIO is issued" was 

clarified to read "until such time a new PTIO is issued or denied." 

o Paragraph (B): the term "applicability" was removed and the phrase 

"requirements applicable to the" was incorporated for clarity purposes. The 

language implied a "source" has "applicability." 

o Paragraph (B)(1)(c): language was re-arranged and clarifying language was added 

to ensure this paragraph clearly identifies that when a source is operating under 

PTIOs and makes a change that subjects them to the Title V program, the PTIO will 

function as the PTI for the sources and certain terms and conditions of the PTIO 

will no longer be applicable (e.g., annual PER). 

o Paragraph (B)(2): this paragraph was revised throughout to ensure facilities 

subject to the Title V program, that subsequently make a change, will not be subject 

to two programs; Title V and PTIO. First, it is clarified that instead of the owner 

being required ("shall") to submit applications for PTIOs, they "may" submit them 

instead. Second, a comment was incorporated to explain that sources operating 

under Title V permits may continue to operate under their Title V permit regardless 

of whether a change removes the applicability of Title V to the facility (i.e., often 

referred to as "opt-in" sources). Third, language was clarified to allow either 

another rule (presumably the Title V rules of OAC Chapter 3745-77), an order of 

the director, or a federally enforceable permit to remove the owner??s obligation to 

comply with the Title V permit after issuance of a PTIO(s). Ohio EPA does not 

believe the authority to supersede, or revoke, a Title V permit which is required 

under federal requirements and implemented through a separate chapter, should be 

incorporated into this chapter, which regulates installation of sources and operation 

of non-Title V sources. 

o Paragraph (C): several minor changes and grammatical corrections were included 

that provide clarity to the paragraph. 

o Paragraph (D): this paragraph was originally taken from OAC Chapter 3745-35. 

Upon further review, it has been determined that the paragraph is out of date and all 

requirements contained within the paragraph are duplicated and required within 

new paragraph (E) ofthis rule (which was old paragraph (B) of the existing rule). 

Therefore, this paragraph is being deleted. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YE S to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 
Page 5 Rule Number: 3745-31-02 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase 

/decrease either revenues /expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will decrease expenditures. 

$3,600,000.00 

First it is important to note that Ohio EPA Division of Air Pollution Control 

(DAPC) has not had adequate funding and staff necessary to perform all the 

permitting functions under the current program. This has resulted in a lengthy 

backlog of permits-to-operate for many years. The basis of savings identified in this 

section is under the presumption that the Agency had adequate funding to complete 

all the work. In reality, the Agency may see less savings because we will now be 

able to complete the permitting functions, under the new PTIO Program, within the 

current budget. 

In comparing the cost of permitting under the current program compared to 

permitting under the new PTIO program, not only are there the cost benefits that 

have been conservatively estimated at over $3.6 million per year, but there are also 

many other benefits that DAPC, Ohio EPA and the state of Ohio will realize from 

implementation of the PTIO Program. 

As detailed in the attached spreadsheet ("PTIO Savings"), over the next ten years, it 

is conservatively estimated that over $30 million could be saved due to 

implementation of this program. Most significantly, the savings realized from 

reduced labor will be in excess of $3.2 million per year. In 2002, DAPC as a whole 

(includes all offices and all divisions), spent over $15 million on labor and fringe 

benefits (health, retirement, etc). DAPC could realize approximately a 21% savings 

in this annual cost from implementation of this program alone. There is also a cost 

benefit associated with reduced material usage, such as paper, envelopes, postage, 

and public notice requests. This amounts to approximately $474,000 per year. 

There are many other areas where savings will be realized but have not been 

included here to further keep the estimate conservative (e.g., reduced storage space, 

filing systems and filing supplies that will be needed). 

Not only could DAPC realize a substantial savings in costs associated with 

implementation of this program, industry subject to the DAPC permitting process 

will also realize significant savings in consultant fees, material costs and labor costs 

associated with filling out applications, tracking renewals, submitting required 

reports, etc. Industry should also benefit from a reduction in confusion resulting 
Page 6 Rule Number: 3745-31-02 

from the streamlining of this program. Industry will no longer need to submit and 

track multiple applications, reports and renewals with varying due dates and 

renewal periods. For example, a facility will no longer need to apply for both a PTI 

and PTO; they will no longer need to modify two documents when making a 

change to an emission unit, they will submit one report annually rather than 

multiple reports quarterly, and they will no longer need to renew each emission unit 

every five years from the issuance date (most facilities will renew all units on the 

same date once every ten years). 

Implementation of this program is also an example of the continued importance of 

environmental stewardship exhibited by Ohio EPA. Although the cost benefit 

associated with reduced material usage such as paper and envelopes is not 

significant, the reduced consumption of our valuable resources will be significant. 

Paperwork would be reduced under the PTIO process since separate PTI and PTO 

applications would no longer be required and only one permit document would be 

issued. Paperwork will be further reduced because the certification of installation 

(Construction Compliance Certification) under the current PTI process would no 

longer be needed upon completion of construction or installation of the emissions 

unit(s). Under the PTIO process, an emissions unit's installation status would be 

indicated on the Annual Report. A significant amount of paper is consumed in the 

process of developing a permit and to reduce this as a result of the implementation 

of this program will be an obvious benefit to the environment. 

Other benefits to the environment can be realized from reduced permitting related 

labor. Time saved on developing permits can be time used elsewhere in DAPC to 

continue to improve the air quality of Ohio. There will also be advantages to 

compliance and enforcement indirectly realized from this recommendation. 

Enforcing the terms and conditions of a PTIO will be easier with the new 

permitting process because the requirements will be consolidated into one permit 

rather than two, simplifying compliance evaluations and regulatory expectations. 

As a result, confusion on the part of industry should decrease and the number of 

facilities in compliance should increase. 

In closing, implementation of the PTIO Program could provide a significant cost 

benefit to both Ohio EPA and Ohio's industry and further enhance the 

environmental stewardship that is so important to Ohio EPA. Furthermore, the 

streamlined approach will reduce confusion for all parties involved in Ohio's 

permitting process while maintaining, if not improving, compliance with and 

enforcement of Ohio's air regulations. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 
Page 7 Rule Number: 3745-31-02 

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: 

Please see the attached "Fiscal Analysis". 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-03 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Permit-to-install exemptions. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G) 

to adopt the rule: 119.03 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

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Page 2 Rule Number: 3745-31-03 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

The existing rule contains the exemptions available for OAC Chapter 3745-31. 

Additional language is being added to incorporate exemptions from OAC Chapter 

3745-35 that are not currently addressed in OAC Chapter 3745-31. For full details 

ofthe changes please see the attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version of the rules. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

This rule also contains references to the Clean Air Act, Resource Conservation and 

Recovery Act, and the Comprehensive Environmental Response, Compensation, 

and Liability Act. These acts are generally available through libraries, Ohio EPA 

and Government Printing Office's websites. References to these acts have also been 

dated to reference the specific version of the act. ORC 121.75 (D) exempts such 

references from the requirements of ORC 121.71 through 121.74. 

The rule also contains references to organizations and their documents and/or other 

materials utilized by regulators and impacted parties to determine or achieve 

compliance with these rules. These organizations and materials are commonly 
Page 3 Rule Number: 3745-31-03 

known and utilized by sources subject to environmental regulations. Copies of 

these documents are available in libraries and the websites for AP-42, CRC and 

CARB. References to these organization's documents have also been dated to 

reference the specific version ofthe document. ORC 121.75 (D) exempts such 

references from the requirements of ORC 121.71 through 121.74. 

Referenced materials are cited, dated and availability noted in OAC rule 

3745-31-01 (AAAAAA). 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules were pulled from the JCARR 

process on January 22, 2008 to allow time to address comments from potentially 

affected parties. After reviewing the comments and meeting with the parties, it was 

determined that no additional changes would be necessary. The rules are being 

refiled to complete their JCARR jurisdiction prior to adoption. 

The following change was made to the rule for the initial refiling on January 2, 

2008: 

o Paragraph (A)(4)(b): the term "firefighting" was removed from the exemption of 

emergency water pumps. This exemption limited the types of emergency water 

pumps that could be exempted from the requirements to obtain a PTI or PTIO to 

only those that involve firefighting. Other types of emergency water pumps needed 

by facilities were not able to benefit from this exemption. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 
Page 4 Rule Number: 3745-31-03 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

This rule contains exemptions and therefore there is no direct budget impacts 

associated with this specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

This rule contains exemptions and therefore there is no direct cost to affected 

persons associated with this specific rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-04 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Applications. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G) 

to adopt the rule: 119.03 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

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Page 2 Rule Number: 3745-31-04 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

The existing rule contains the application requirements for permits-to-install or 

PTIO, including the requirements for signatures. Amendments include the addition 

of language from OAC rule 3745-35-06 for application requirements for grain and 

feeding operations and fertilizer mixing operations. For M l details of the changes 

please see the attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 
Page 3 Rule Number: 3745-31-04 

filed version ofthis rule; if none, please state so: 

This is the second refiling ofthis rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

There is no direct budget impacts associated with this specific rule. This rule states 

the application will be in a form created by the director, identifies who at a facility 

will sign the application when submitted, and incorporates application requirements 

for grain and feeding operations and fertilizer mixing operations. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 
Page 4 Rule Number: 3745-31-04 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule states the application will be in a form 

created by the director, identifies who at a facility will sign the application when 

submitted, and incorporates application requirements for grain and feeding 

operations and fertilizer mixing operations. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-05 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Criteria for decision by the director. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G), 

to adopt the rule: 119.03 3704.03(T) 

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

or implements: 3704.03(T), 3704.03(G), 

3704.03(F), 3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

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Page 2 Rule Number: 3745-31-05 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 of the rule: 

The existing rule: 

1. Identifies the criteria used by the director in issuing a PTI, for example, 

compliance with federal requirements, best available technology, and attainment 

with air quality standards. 

2. Provides language for special terms and conditions in permits, often referred to 

as "synthetic minor" limits. 

3. Provides a mechanism for requesting, and the criteria for approving, express PTI 

processing and relocation of portable sources. 

4. A 180-day time frame for issuing PTIs. 

5. Language for coordinating permits among the different agencies at Ohio EPA. 

The amendments incorporate portions of OAC Chapter 3745-35 that address 

compliance plans, conditional PTIOs, and federally enforceale limitations on 

potential to emit. For full details of the changes please see the attached "Synopsis 

of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and the Ohio 

Revised Code (ORC). While copies of these rules and laws are generally available 

to the public through libraries and on-line sources, including the Ohio EPA website, 

ORC 121.76 (A) exempts such references from the provisions of ORC 121.71 

through 121.75. 
Page 3 Rule Number: 3745-31-05 

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

rales are generally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version of the rules. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

This rule also contains references to the Clean Air Act (CAA). The CA A is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CA A have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references from the requirements 

of ORC 121.71 through 121.74. 

Referenced materials are cited, dated and availability noted in OAC rule 

3745-31-01 (AAAAAA). 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

The following changes were made to the rule for the initial refiling on January 2, 

2008: 

o Several grammatical corrections were made throughout this rule, such as 

replacing "which" with "that". 

o Crossreferences were corrected due to changes in the outline. 
Page 4 Rule Number: 3745-31-05 

o Paragraph (A): several changes are incorporated into this paragraph to provide 

clarity as to when, and what type, of sources must apply BAT under the current 

law. 

o Paragraphs (A), (A)(1) and (A)(2): original language was restored. 

o Paragraph (A)(3): original language was restored with respect to "employ BAT" 

and the phrase "when applicable, in accordance with the following" was added. 

Existing language was amended and several subparagraphs were added to 

specifically identify when, and what sources, must employ BAT. 

o Paragraph (A)(4): the word "requirements" was replaced with "rules" to remove 

reference to "applicable requirements" which has a specific meaning under the Title 

V program. 

o Paragraphs (A)(2) and (A)(4): Paragraph (A)(4) is being changed to paragraph 

(B). Further review of the law indicates that it was inappropriately located under 

paragraph (A). The purpose of the language in (A)(4) is indicated in ORC 

3704.03(G) which states "An operating permit shall be issued only upon a showing 

satisfactory to the director or the director's representative that the air contaminant 

source is being operated in compliance with applicable emission standards and 

other rules or upon submission of a schedule of compliance satisfactory to the 

director for a source that is not in compliance with all applicable requirements at 

the time of permit issuance..." Paragraph (A) is a forward looking paragraph where 

the director is reviewing information based on an application to ensure that the 

installation/modification, followed by operation, will be in compliance with the 

requirements in the subparagraphs under that rule. The purpose of a compliance 

schedule is to allow sources that have installed and begun operating, that have 

discovered they cannot be in compliance with the requirements, to be able to 

incorporate a compliance schedule to come into compliance. Historically this would 

occur after operating under a permit-to-install for some time, and prior to being 

issued the permit-to-operate. Under the PTIO system, this would occur in the same 

manner, except rather than being issued a separate permit with the compliance plan 

and schedule, the PTIO would be modified to incorporate the plan/schedule. It 

would be innapproriate for Ohio EPA to issue a forward looking permit that 

assumes non-compliance, without any history of operation, and incorporate a 

compliance plan/schedule into such permit. Because of this change, it is also 

necessary to remove the exception clause incorporated into this rule under 

paragraph (A)(2) and restore the langauge to it's original intent. 

o Paragraph (C): the requirement that conditional PTIOs could only be issued for a 

6 month period and could not be renewed was removed from this paragraph. 

Requirements for issuance time frames was incorporated into OAC rule 

3745-3 l-07(C)(l)(a). The phrase "the owner or operator provides sufficient 

information to demonstrate" was incorporated before the list of items a source must 

comply with in order to receive a conditional PTIO to ensure it is clear that it is the 
Page 5 Rule Number: 3745-31-05 

responsibility of the owner to demonstrate they meet the criteria for issuance ofthis 

type of permit. 

o Paragraph (D)(1): the phrase "size cutoffs" was replaced with "source thresholds" 

and the term "cutoffs" was replaced with "thresholds." Clarity is provided by using 

these more accurate terms. 

o Paragraph (D)(1)(b) and (D)(5): the requirement that this rule be approved by 

USEPA as part of the SIP was removed from the rule and a comment identifying 

the already approved federally enforceable operating permit program authority was 

included. This will prevent the misinterpretation that in between the time Ohio EPA 

finalizes this rule, finalizes the rescission of the rule in OAC rule 3745-35-07, and 

USEPA approves this rule and the rescission, that Ohio EPA does not have the 

authority to continue to issue these types of requirements in permits. 

o Paragraph (D)(1): removed the phrase "which include regulations promulgated by 

the administrator thereunder," in reference to Clean Air Act (CAA) requirements. It 

is not necessary because regulations promulgated under the CA A are CA A 

requirements. 

o Paragraph (H)(1)(g): added the word "advance" before written notice so it is clear 

the notice is intended to be submitted prior to the relocation. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase 

/decrease either revenues /expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will decrease expenditures. 

$3,600,000 

First it is important to note that Ohio EPA Division of Air Pollution Control 
Page 6 Rule Number: 3745-31-05 

(DAPC) has not had adequate funding and staff necessary to perform all the 

permitting functions under the current program. This has resulted in a lengthy 

backlog of permits-to-operate for many years. The basis of savings identified in this 

section is under the presumption that the Agency had adequate funding to complete 

all the work. In reality, the Agency may see less savings because we will now be 

able to complete the permitting functions, under the new PTIO Program, within the 

current budget. 

In comparing the cost of permitting under the current program compared to 

permitting under the new PTIO program, not only are there the cost benefits that 

have been conservatively estimated at over $3.6 million per year, but there are also 

many other benefits that DAPC, Ohio EPA and the state of Ohio will realize from 

implementation of the PTIO Program. 

As detailed in the attached spreadsheet ("PTIO Savings"), over the next ten years, it 

is conservatively estimated that over $30 million could be saved due to 

implementation of this program. Most significantly, the savings realized from 

reduced labor will be in excess of $3.2 million per year. In 2002, DAPC as a whole 

(includes all offices and all divisions), spent over $15 million on labor and fringe 

benefits (health, retirement, etc). DAPC could realize approximately a 21% savings 

in this annual cost from implementation ofthis program alone. There is also a cost 

benefit associated with reduced material usage, such as paper, envelopes, postage, 

and public notice requests. This amounts to approximately $474,000 per year. 

There are many other areas where savings will be realized but have not been 

included here to further keep the estimate conservative (e.g., reduced storage space, 

filing systems and filing supplies that will be needed). 

Not only could DAPC realize a substantial savings in costs associated with 

implementation of this program, industry subject to the DAPC permitting process 

will also realize significant savings in consultant fees, material costs and labor costs 

associated with filling out applications, tracking renewals, submitting required 

reports, etc. Industry should also benefit from a reduction in confusion resulting 

from the streamlining of this program. Industry will no longer need to submit and 

track multiple applications, reports and renewals with varying due dates and 

renewal periods. For example, a facility will no longer need to apply for both a PTI 

and PTO; they will no longer need to modify two documents when making a 

change to an emission unit, they will submit one report annually rather than 

multiple reports quarterly, and they will no longer need to renew each emission unit 

every five years from the issuance date (most facilities will renew all units on the 

same date once every ten years). 

Implementation of this program is also an example of the continued importance of 

environmental stewardship exhibited by Ohio EPA. Although the cost benefit 

associated with reduced material usage such as paper and envelopes is not 

significant, the reduced consumption of our valuable resources will be significant. 

Paperwork would be reduced under the PTIO process since separate PTI and PTO 
Page 7 Rule Number: 3745-31-05 

applications would no longer be required and only one permit document would be 

issued. Paperwork will be further reduced because the certification of installation 

(Construction Compliance Certification) under the current PTI process would no 

longer be needed upon completion of construction or installation ofthe emissions 

unit(s). Under the PTIO process, an emissions unit's installation status would be 

indicated on the Annual Report. A significant amount of paper is consumed in the 

process of developing a permit and to reduce this as a result of the implementation 

of this program will be an obvious benefit to the environment. 

Other benefits to the environment can be realized from reduced permitting related 

labor. Time saved on developing permits can be time used elsewhere in DAPC to 

continue to improve the air quality of Ohio. There will also be advantages to 

compliance and enforcement indirectly realized from this recommendation. 

Enforcing the terms and conditions of a PTIO will be easier with the new 

permitting process because the requirements will be consolidated into one permit 

rather than two, simplifying compliance evaluations and regulatory expectations. 

As a result, confusion on the part of industry should decrease and the number of 

facilities in compliance should increase. 

In closing, implementation ofthe PTIO Program could provide a significant cost 

benefit to both Ohio EPA and Ohio's industry and further enhance the 

environmental stewardship that is so important to Ohio EPA. Furthermore, the 

streamlined approach will reduce confusion for all parties involved in Ohio's 

permitting process while maintaining, if not improving, compliance with and 

enforcement of Ohio's air regulations. 

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: 

Please see the attached "Fiscal Analysis." 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 
Page 8 Rule Number: 3745-31-05 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-06 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Termination. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F) 

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

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

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

This mle is being rescinded because of the significant number of changes being 

made (50% rule). Both of the paragraphs of this rule are being relocated to OAC 

rule 3745-31-07. A new OAC rule 3745-31-06 will be proposed. 

7. If the 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 of the rule: 

The existing rule contains language for the termination, and/or a request to extend 

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Page 2 Rule Number: 3745-31-06 

the time period, of a PTI when installation/modification does not occur within 18 

months. Both of the paragraphs ofthis rule are being relocated to OAC rule 

3745-31-07. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This response left blank because filer specified online that the rule does not 

incorporate a text or other material by reference. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

This response left blank because filer specified online that the rule does not 

incorporate a text or other material by reference. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

This response left blank because filer specified online that the rule does not 

incorporate a text or other materials by reference. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 
Page 3 Rule Number: 3745-31-06 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The paragraphs of this rule are being relocated to OAC rule 3745-31-07. There will 

be no impact on the agency's budget. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule states the PTI will only be valid for 18 

months. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
Page 4 Rule Number: 3745-31-06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-06 NEW 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Completeness determinations, processing requirements, public 

participation, public notice, and issuance. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G) 

to adopt the rule: 119.03 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

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Page 2 Rule Number: 3745-31-06 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 of the rule: 

This rule identifies how the agency determines if an application is complete, the 

time frame for issuing the application after it is determined complete, and how/what 

stakeholders are identified. If the agency determines the application is incomplete, 

it will notify the facility and they will be required to submit supplemental 

information. 

This rule incorporates paragraphs from several other rules. For full details of the 

new language please see the attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 
Page 3 Rule Number: 3745-31-06 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rule. The rules were pulled from the JCARR 

process on January 22, 2008 to allow time to address comments from potentially 

affected parties. After reviewing the comments and meeting with the parties, it was 

determined that no additional changes would be necessary. The rules are being 

refiled to complete their JCARR jurisdiction prior to adoption. 

The following change was made to the rule for the initial refiling on January 2, 

2008: 

o A crossreference was corrected due to changes in the outline of other rules. 

12. 119.032 Rule Review Date: 12/01/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase 

/decrease either revenues /expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will decrease expenditures. 

$3,600,000 

First it is important to note that Ohio EPA Division of Air Pollution Control 

(DAPC) has not had adequate funding and staff necessary to perform all the 

permitting functions under the current program. This has resulted in a lengthy 

backlog of permits-to-operate for many years. The basis of savings identified in this 

section is under the presumption that the Agency had adequate funding to complete 

all the work. In reality, the Agency may see less savings because we will now be 

able to complete the permitting functions, under the new PTIO Program, within the 
Page 4 Rule Number: 3745-31-06 

current budget. 

In comparing the cost of permitting under the current program compared to 

permitting under the new PTIO program, not only are there the cost benefits that 

have been conservatively estimated at over $3.6 million per year, but there are also 

many other benefits that DAPC, Ohio EPA and the state of Ohio will realize from 

implementation of the PTIO Program. 

As detailed in the attached spreadsheet ("PTIO Savings"), over the next ten years, it 

is conservatively estimated that over $30 million could be saved due to 

implementation ofthis program. Most significantly, the savings realized from 

reduced labor will be in excess of $3.2 million per year. In 2002, DAPC as a whole 

(includes all offices and all divisions), spent over $15 million on labor and fringe 

benefits (health, retirement, etc). DAPC could realize approximately a 21% savings 

in this annual cost from implementation of this program alone. There is also a cost 

benefit associated with reduced material usage, such as paper, envelopes, postage, 

and public notice requests. This amounts to approximately $474,000 per year. 

There are many other areas where savings will be realized but have not been 

included here to further keep the estimate conservative (e.g., reduced storage space, 

filing systems and filing supplies that will be needed). 

Not only could DAPC realize a substantial savings in costs associated with 

implementation of this program, industry subject to the DAPC permitting process 

will also realize significant savings in consultant fees, material costs and labor costs 

associated with filling out applications, tracking renewals, submitting required 

reports, etc. Industry should also benefit from a reduction in confusion resulting 

from the streamlining of this program. Industry will no longer need to submit and 

track multiple applications, reports and renewals with varying due dates and 

renewal periods. For example, a facility will no longer need to apply for both a PTI 

and PTO; they will no longer need to modify two documents when making a 

change to an emission unit, they will submit one report annually rather than 

multiple reports quarterly, and they will no longer need to renew each emission unit 

every five years from the issuance date (most facilities will renew all units on the 

same date once every ten years). 

Implementation ofthis program is also an example of the continued importance of 

environmental stewardship exhibited by Ohio EPA. Although the cost benefit 

associated with reduced material usage such as paper and envelopes is not 

significant, the reduced consumption of our valuable resources will be significant. 

Paperwork would be reduced under the PTIO process since separate PTI and PTO 

applications would no longer be required and only one permit document would be 

issued. Paperwork will be further reduced because the certification of installation 

(Construction Compliance Certification) under the current PTI process would no 

longer be needed upon completion of construction or installation of the emissions 

unit(s). Under the PTIO process, an emissions unit's installation status would be 

indicated on the Annual Report. A significant amount of paper is consumed in the 
Page 5 Rule Number: 3745-31-06 

process of developing a permit and to reduce this as a result of the implementation 

of this program will be an obvious benefit to the environment. 

Other benefits to the environment can be realized from reduced permitting related 

labor. Time saved on developing permits can be time used elsewhere in DAPC to 

continue to improve the air quality of Ohio. There will also be advantages to 

compliance and enforcement indirectly realized from this recommendation. 

Enforcing the terms and conditions of a PTIO will be easier with the new 

permitting process because the requirements will be consolidated into one permit 

rather than two, simplifying compliance evaluations and regulatory expectations. 

As a result, confusion on the part of industry should decrease and the number of 

facilities in compliance should increase. 

In closing, implementation of the PTIO Program could provide a significant cost 

benefit to both Ohio EPA and Ohio's industry and further enhance the 

environmental stewardship that is so important to Ohio EPA. Furthermore, the 

streamlined approach will reduce confusion for all parties involved in Ohio's 

permitting process while maintaining, if not improving, compliance with and 

enforcement of Ohio's air regulations. 

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: 

Please see the attached "Fiscal Analysis." 

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

municipal corporations? Yes 

You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street, Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-07 

Rule Number 

Rule Title/Tag Line 

AMENDMENT 

TYPE of rule filing 

Revocation. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G) 

to adopt the rule: 119.03 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

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Page 2 Rule Number: 3745-31-07 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 of the rule: 

The existing rule contains language for revoking a PTI for non-compliance reasons 

or at the request of the permittee. 

The proposed amendments include incorporation of: 

1. Portions of OAC Chapter 3745-35 to address revoking or revising a PTIO. 

2. Portions of OAC Chapter 3745-35 to address expiration and renewal. It also 

incorporates new language for a 10-year renewal period under certain conditions 

(currently 5-year) which is currently included in the budget bill language. 

3. Termination requirements from OAC rule 3745-31-06. 

4. Portions of OAC Chapters 3745-35 and 3745-31 for transfer of permit(s). 

For M l details of the changes please see the attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 
Page 3 Rule Number: 3745-31-07 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rale. The rales in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rales 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

The following are changes which were made to the rule for the initial refiling on 

January 2, 2008: 

o Crossreferences were corrected due to changes in the outline of other rales. 

o Paragraph (A): (A)(1)(a) is changed to (A)(2) and (A)(2) is now (A)(3). This 

change incorporates proper rale writing convention. 

o Paragraph (A)(1): language was clarified regarding termination of permits when 

the owner does not install or modify the source. The intent does not change. 

o Paragraph (C): incorrect paragraph references of the ORC were corrected in 

several locations. 

o Paragraph (C)(1)(a): language was added to allow conditional PTIOs to be issued 

consistent with the ORC, a period of time the director determines is reasonable but 

not to extend beyond the statutory time frame for PTIOs within the ORC. New 

language also affords the opportunity for the owner to request an extension on the 

original expiration period so long as the total time, again, does not extend beyond 

that which is required in the ORC. 

o Paragraph (D)(1): "by the director" was added after "subject to revision" to 

provide clarity on who revised a permit under this paragraph. 

o Paragraph (D)(3): "the owner or operator to submit" was added before "a permit 

application" to provide clarity on who would be required to submit the application 

under this paragraph. 
Page 4 Rule Number: 3745-31-07 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase 

/decrease either revenues /expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will decrease expenditures. 

$3,600,000 

First it is important to note that Ohio EPA Division of Air Pollution Control 

(DAPC) has not had adequate funding and staff necessary to perform all the 

permitting functions under the current program. This has resulted in a lengthy 

backlog of permits-to-operate for many years. The basis of savings identified in this 

section is under the presumption that the Agency had adequate funding to complete 

all the work. In reality, the Agency may see less savings because we will now be 

able to complete the permitting functions, under the new PTIO Program, within the 

current budget. 

In comparing the cost of permitting under the current program compared to 

permitting under the new PTIO program, not only are there the cost benefits that 

have been conservatively estimated at over $3.6 million per year, but there are also 

many other benefits that DAPC, Ohio EPA and the state of Ohio will realize from 

implementation ofthe PTIO Program. 

As detailed in the attached spreadsheet ("PTIO Savings"), over the next ten years, it 

is conservatively estimated that over $30 million could be saved due to 

implementation ofthis program. Most significantly, the savings realized from 

reduced labor will be in excess of $3.2 million per year. In 2002, DAPC as a whole 

(includes all offices and all divisions), spent over $15 million on labor and fringe 

benefits (health, retirement, etc). DAPC could realize approximately a 21% savings 

in this annual cost from implementation of this program alone. There is also a cost 

benefit associated with reduced material usage, such as paper, envelopes, postage, 

and public notice requests. This amounts to approximately $474,000 per year. 
Page 5 Rule Number: 3745-31-07 

There are many other areas where savings will be realized but have not been 

included here to further keep the estimate conservative (e.g., reduced storage space, 

filing systems and filing supplies that will be needed). 

Not only could DAPC realize a substantial savings in costs associated with 

implementation ofthis program, industry subject to the DAPC permitting process 

will also realize significant savings in consultant fees, material costs and labor costs 

associated with filling out applications, tracking renewals, submitting required 

reports, etc. Industry should also benefit from a reduction in confusion resulting 

from the streamlining of this program. Industry will no longer need to submit and 

track multiple applications, reports and renewals with varying due dates and 

renewal periods. For example, a facility will no longer need to apply for both a PTI 

and PTO; they will no longer need to modify two documents when making a 

change to an emission unit, they will submit one report annually rather than 

multiple reports quarterly, and they will no longer need to renew each emission unit 

every five years from the issuance date (most facilities will renew all units on the 

same date once every ten years). 

Implementation of this program is also an example ofthe continued importance of 

environmental stewardship exhibited by Ohio EPA. Although the cost benefit 

associated with reduced material usage such as paper and envelopes is not 

significant, the reduced consumption of our valuable resources will be significant. 

Paperwork would be reduced under the PTIO process since separate PTI and PTO 

applications would no longer be required and only one permit document would be 

issued. Paperwork will be further reduced because the certification of installation 

(Construction Compliance Certification) under the current PTI process would no 

longer be needed upon completion of construction or installation of the emissions 

unit(s). Under the PTIO process, an emissions unit's installation status would be 

indicated on the Annual Report. A significant amount of paper is consumed in the 

process of developing a permit and to reduce this as a result of the implementation 

ofthis program will be an obvious benefit to the environment. 

Other benefits to the environment can be realized from reduced permitting related 

labor. Time saved on developing permits can be time used elsewhere in DAPC to 

continue to improve the air quality of Ohio. There will also be advantages to 

compliance and enforcement indirectly realized from this recommendation. 

Enforcing the terms and conditions of a PTIO will be easier with the new 

permitting process because the requirements will be consolidated into one permit 

rather than two, simplifying compliance evaluations and regulatory expectations. 

As a result, confusion on the part of industry should decrease and the number of 

facilities in compliance should increase. 

In closing, implementation ofthe PTIO Program could provide a significant cost 

benefit to both Ohio EPA and Ohio's industry and further enhance the 

environmental stewardship that is so important to Ohio EPA. Furthermore, the 

streamlined approach will reduce confusion for all parties involved in Ohio's 
Page 6 Rule Number: 3745-31-07 

permitting process while maintaining, if not improving, compliance with and 

enforcement of Ohio's air regulations. 

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: 

Please see the attached "Fiscal Analysis." 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 ofthe 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-08 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Procedure for decision by director. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F) 

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

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

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

This rale is being rescinded because ofthe significant number of changes being 

made (50% rale). This rale's language is being relocated to OAC rale 3745-31-06. 

A new OAC rale 3745-31-08 will be proposed. 

7. If the 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 of the rule: 

The existing rale contains reference to Chapter 47 for the administrative procedure 

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Page 2 Rule Number: 3745-31-08 

for all actions under Chapter 31. This language is being relocated to OAC rule 

3745-31-06. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

(If the rule is not exempt and you answered NO to question No. 1, provide the 
Page 3 Rule Number: 3745-31-08 

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The paragraph ofthis rule is being relocated to OAC rule 3745-31-06. There will 

be no impact on the agency's budget. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule states the agency will follow the 

procedural requirements of OAC 3745-47. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
Page 4 Rule Number: 3745-31-08 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-08 NEW 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Registration status permit-to-operate. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G) 

to adopt the rule: 119.03 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

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Page 2 Rule Number: 3745-31-08 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 of the rule: 

This rule provides historical information for the current requirements for situations 

where smaller emitting sources were placed on registration status without being 

issued a PTO. These sources were still required to obtain a PTI. Under the proposed 

program, registration status permitting is no longer necessary, or relevant, because 

the source will now be issued a PTIO which will essentially be the same as the 

original process of issuing a PTI followed by registering the source under the PTO 

program. This rule is only necessary to identify the registration requirements for 

sources that will be grandfathered after implementation of the PTIO program. For 

full details of the changes please see the attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 
Page 3 Rule Number: 3745-31-08 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/01/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

This rule is only necessary to identify the registration requirements for sources that 

will be grandfathered after implementation of the PTIO program and therefore there 

is no direct budget impacts associated with this specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 
Page 4 Rule Number: 3745-31-08 

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 is only necessary to identify the registration requirements for sources that 

will be grandfathered after implementation of the PTIO program and therefore there 

is no direct cost to affected persons associated with this specific rule. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-09 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Air permit-to-install completeness determinations, public 

participation and public notice. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F) 

to adopt the rule: 119.03 

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

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

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

This rule is being rescinded because of the significant number of changes being 

made (50% rule). This rule's language is being relocated to OAC rule 3745-31-06. 

A new OAC rule 3745-31-09 will be proposed. 

7. If the 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 of the rule: 

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Page 2 Rule Number: 3745-31-09 

The existing rule contains: 

1. Pocedures and time frames for performing completeness reviews of PTI 

applications. 

2. Procedures for notifying the applicant of deficient applications. 

3. Time frames for issuing permits. 

4. Procedures for the public or applicant to request additional time. 

5. Procedures for public participation/notification and consideration of comments. 

This language is being relocated to OAC rule 3745-31-06. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 
Page 3 Rule Number: 3745-31-09 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The language in this rule is being relocated to OAC rule 3745-31-06. There will be 

no impact on the agency's budget. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

The language in this rule is being rescinded and relocated to OAC rule 3745-31-06. 
Page 4 Rule Number: 3745-31-09 

Therefore the rescission itself will have no direct cost to affected persons; however, 

the original language for this rule that is proposed for OAC rule 3745-31-06 does 

have a fiscal impact. Please refer to that rule for the fiscal analysis related to this 

language. 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-09 NEW 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Variances on operation. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G), 

to adopt the rule: 119.03 3704.03(H) 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

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Page 2 Rule Number: 3745-31-09 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the rule is an AMENDMENT, then summarize the changes and the content 

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

then summarize the content of the rule: 

This rule provides for cases where a source may be issued a variance in lieu of a 

traditional PTIO. This same program currently exists under OAC rule 3745-35-03. 

In general, a variance is a type of PTIO issued to a source that emits an air pollutant 

in violation of an applicable law. If the source can meet the requirements of this 

rule, the director may issue them the variance to operate in violation of an 

applicable law for a specified period of time. This rule specifically identifies the 

scenarios in which a variance may be issued, the standards which must be met for a 

variance and the requirements. For full details of the changes please see the 

attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version of the rules. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

This rule also contains references to the United States Code (USC). These rules are 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. USC references have also been dated to reference the specific version of 

the rules. ORC 121.75 (D) exempts such references from the requirements of ORC 
Page 3 Rule Number: 3745-31-09 

121.71 through 121.74. 

Referenced materials are cited, dated and availability noted in OAC rule 

3745-31-01 (AAAAAA). 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling ofthis rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/01/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 
Page 4 Rule Number: 3745-31-09 

13. Estimate the total amount by which this proposed rule would increase 

/decrease either revenues /expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will decrease expenditures. 

$3,600,000 

First it is important to note that Ohio EPA Division of Air Pollution Control 

(DAPC) has not had adequate funding and staff necessary to perform all the 

permitting functions under the current program. This has resulted in a lengthy 

backlog of permits-to-operate for many years. The basis of savings identified in this 

section is under the presumption that the Agency had adequate funding to complete 

all the work. In reality, the Agency may see less savings because we will now be 

able to complete the permitting functions, under the new PTIO Program, within the 

current budget. 

In comparing the cost of permitting under the current program compared to 

permitting under the new PTIO program, not only are there the cost benefits that 

have been conservatively estimated at over $3.6 million per year, but there are also 

many other benefits that DAPC, Ohio EPA and the state of Ohio will realize from 

implementation of the PTIO Program. 

As detailed in the attached spreadsheet ("PTIO Savings"), over the next ten years, it 

is conservatively estimated that over $30 million could be saved due to 

implementation of this program. Most significantly, the savings realized from 

reduced labor will be in excess of $3.2 million per year. In 2002, DAPC as a whole 

(includes all offices and all divisions), spent over $15 million on labor and fringe 

benefits (health, retirement, etc). DAPC could realize approximately a 21% savings 

in this annual cost from implementation of this program alone. There is also a cost 

benefit associated with reduced material usage, such as paper, envelopes, postage, 

and public notice requests. This amounts to approximately $474,000 per year. 

There are many other areas where savings will be realized but have not been 

included here to further keep the estimate conservative (e.g., reduced storage space, 

filing systems and filing supplies that will be needed). 

Not only could DAPC realize a substantial savings in costs associated with 

implementation of this program, industry subject to the DAPC permitting process 

will also realize significant savings in consultant fees, material costs and labor costs 

associated with filling out applications, tracking renewals, submitting required 

reports, etc. Industry should also benefit from a reduction in confusion resulting 

from the streamlining of this program. Industry will no longer need to submit and 

track multiple applications, reports and renewals with varying due dates and 

renewal periods. For example, a facility will no longer need to apply for both a PTI 

and PTO; they will no longer need to modify two documents when making a 
Page 5 Rule Number: 3745-31-09 

change to an emission unit, they will submit one report annually rather than 

multiple reports quarterly, and they will no longer need to renew each emission unit 

every five years from the issuance date (most facilities will renew all units on the 

same date once every ten years). 

Implementation of this program is also an example of the continued importance of 

environmental stewardship exhibited by Ohio EPA. Although the cost benefit 

associated with reduced material usage such as paper and envelopes is not 

significant, the reduced consumption of our valuable resources will be significant. 

Paperwork would be reduced under the PTIO process since separate PTI and PTO 

applications would no longer be required and only one permit document would be 

issued. Paperwork will be further reduced because the certification of installation 

(Construction Compliance Certification) under the current PTI process would no 

longer be needed upon completion of construction or installation of the emissions 

unit(s). Under the PTIO process, an emissions unit's installation status would be 

indicated on the Annual Report. A significant amount of paper is consumed in the 

process of developing a permit and to reduce this as a result of the implementation 

of this program will be an obvious benefit to the environment. 

Other benefits to the environment can be realized from reduced permitting related 

labor. Time saved on developing permits can be time used elsewhere in DAPC to 

continue to improve the air quality of Ohio. There will also be advantages to 

compliance and enforcement indirectly realized from this recommendation. 

Enforcing the terms and conditions of a PTIO will be easier with the new 

permitting process because the requirements will be consolidated into one permit 

rather than two, simplifying compliance evaluations and regulatory expectations. 

As a result, confusion on the part of industry should decrease and the number of 

facilities in compliance should increase. 

In closing, implementation of the PTIO Program could provide a significant cost 

benefit to both Ohio EPA and Ohio's industry and further enhance the 

environmental stewardship that is so important to Ohio EPA. Furthermore, the 

streamlined approach will reduce confusion for all parties involved in Ohio's 

permitting process while maintaining, if not improving, compliance with and 

enforcement of Ohio's air regulations. 

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: 
Page 6 Rule Number: 3745-31-09 

Please see the attached "Fiscal Analysis." 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPO Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-10 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Air stationary source obligations. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F) 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

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Page 2 Rule Number: 3745-31-10 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

Lastly, we are also including changes to our PCP and Clean Unit rules. After an 

extensive public participation process, Ohio EPA incorporated the 2002 federal 

NSR Reform Regulations into OAC Chapter 3745-31 in October of 2004. On June 

24, 2005, the D.C. Circuit Court of Appeals ("Court") made a decision regarding 

challenges to the 2002 federal NSR Reform regulations. The results include the 

vacation ofthe Clean Unit applicability test and the Pollution Control Project (PCP) 

exemption. Ohio EPA has provided information to stakeholders during previous 

rulemaking activity regarding OAC Chapter 3745-31 that we have no intention of 

implementing the PCP and Clean Unit provisions vacated by the court until such 

time that the Court, or U.S. EPA, incorporates changes or renders a new decision 

regarding their vacation. Previously we decided not to amend the OAC to remove 

these provisions until further decisions are rendered. Ohio EPA has informed 

stakeholders in the past that we intend to amend the relevant portions of our rule, if 

necessary, when a final decision regarding the NSR Reform regulations is made in 

the appellate system. June 13, 2007, the USEPA adopted a final action to amend 

their PCP and Clean Unit rules based on the court's ecision. [72 FR 113, 

promulgated June 13, 2007, effective June 13, 2007] Ohio EPA has now decided it 

is the appropriate time to also amend our relevant rules to remove the PCP and 

Clean Unit provisions that implemented the vacated federal program. 

7. If the 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 of the rule: 

This rule contains requirements for recordkeeping and reporting when a major 

source uses the actual-to-projected actual emissions methodology (defined in OAC 

rule 3745-31-01). Two paragraphs from this rule are being relocated elsewhere in 

OAC Chapter 3745-31. We also incorporated amendments to paragraph (C) due to 

the recent federal changes regarding clean units and PCPs. 

For full details of the changes please see the attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 
Page 3 Rule Number: 3745-31-10 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 
Page 4 Rule Number: 3745-31-10 

13. Estimate the total amount by which this proposed rule would increase7 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

This rule contains requirements for recordkeeping and reporting when a major 

source uses the actual-to-projected actual emissions methodology (defined in OAC 

rule 3745-31-01; therefore, there is no direct budget impacts associated with this 

specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

This rule contains requirements for recordkeeping and reporting when a major 

source uses the actual-to-projected actual emissions methodology (defined in OAC 

rule 3745-31-01). However, the records required by this section are typically the 

same type of records required by other applicable rules (e.g., Title V emission 

reporting required by OAC Chapter 3745-77) and we believe there is no additional 

burden associated with complying with this recordkeeping. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-20 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Attainment provisions - innovative control technology. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F) 

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

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

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

This rule is being amended to correct cross references as a result ofthe other rule 

changes that are a part of this package. 

7. If the 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 states the requirements for major sources of air pollution in attainment 

areas which 'elect1 to request the use of an innovative control technology in lieu of 

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Page 2 Rule Number: 3745-31-20 

Best Available Control Technology. This rule is being amended to correct cross 

references. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version of the rules. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

Referenced materials are cited, dated and availability noted in OAC rule 

3745_31_01 (AAAAAA). 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22,2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 
Page 3 Rule Number: 3745-31-20 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

This rule states the requirements for major sources of air pollution in attainment 

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

Best Available Control Technology. There is no direct budget impacts associated 

with this specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule states the requirements for major sources 

of air pollution in attainment areas which 'elect' to request the use of an innovative 
Page 4 Rule Number: 3745-31-20 

control technology in lieu of Best Available Control Technology. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-22 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Nonattainment provisions - conditions for approval. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F) 

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

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

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

After an extensive public participation process, Ohio EPA incorporated the 2002 

federal NSR Reform Regulations into OAC Chapter 3745-31 in October of 2004. 

On June 24, 2005, the D.C. Circuit Court of Appeals ("Court") made a decision 

regarding challenges to the 2002 federal NSR Reform regulations. The results 

include the vacation of the Clean Unit applicability test and the Pollution Control 

Project (PCP) exemption. Ohio EPA has provided information to stakeholders 

during previous rulemaking activity regarding OAC Chapter 3745-31 that we have 

no intention of implementing the PCP and Clean Unit provisions vacated by the 

court until such time that the Court, or U.S. EPA, incorporates changes or renders a 

new decision regarding their vacation. Previously we decided not to amend the 

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Page 2 Rule Number: 3745-31-22 

OAC to remove these provisions until further decisions are rendered. Ohio EPA has 

informed stakeholders in the past that we intend to amend the relevant portions of 

our rule, if necessary, when a final decision regarding the NSR Reform regulations 

is made in the appellate system. June 13, 2007, the USEPA adopted a final action to 

amend their PCP and Clean Unit rules based on the court's ecision. [72 FR 113, 

promulgated June 13, 2007, effective June 13, 2007] Ohio EPA has now decided it 

is the appropriate time to also amend our relevant rules to remove the PCP and 

Clean Unit provisions that implemented the vacated federal program. 

7. If the 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 of the rule: 

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

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

includes the requirement that these types of sources have technology that can 

achieve a lowest achievable emission rate (LAER). The change in the proposed rule 

is to eliminate references to PCPs and Clean Units. For full details of the changes 

please see the attached "Synopsis of Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

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

rules are enerally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version of the rules. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

This rule also contains references to the Clean Air Act. This Act is generally 

available through libraries, Ohio EPA and Government Printing Office's websites. 

Clean Air Act references have also been dated to reference the specific version of 

the act. ORC 121.75 (D) exempts such references from the requirements of ORC 

121.71 through 121.74. 
Page 3 Rule Number: 3745-31-22 

Referenced materials are cited, dated and availability noted in OAC rule 

3745-31-01 (AAAAAA). 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 
Page 4 Rule Number: 3745-31-22 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not applicable. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

Please see the attached "fiscal analysis." 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 ofthe 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-29 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line General permit-to-install. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(F), 3704.03(G) 

to adopt the rule: 119.03 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

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Page 2 Rule Number: 3745-31-29 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

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

request a general permit-to-install in lieu of a regular PTI. The amendments to this 

rule incorporates the same general permit requirments for operation from OAC rule 

3745-35-08. For full details of the changes please see the attached "Synopsis of 

Changes." 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

This rule also contains references to the Clean Air Act (CAA). The CA A is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CA A have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references from the requirements 

of ORC 121.71 through 121.74. 

This rule also contains references to the Weekly Review. The Weekly Review is 

generally available through libraries and Ohio EPA's website. References to the 

Weekly Review have also been dated to reference the specfic version of the act. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

Referenced materials are cited, dated and availability noted in OAC rule 

3745-31-01 (AAAAAA). 
Page 3 Rule Number: 3745-31-29 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 
Page 4 Rule Number: 3745-31-29 

$0 

This rule contains requirements for sources of air pollution which 'elect' to request a 

general permit-to-install or PTIO in lieu of a regular PTI or PTIO and therefore 

there is no direct budget impacts associated with this specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule states the requirements for sources of air 

pollution which 'elect' to request a general permit-to-install or PTIO in lieu of a 

regular PTI or PTIO. This is an option for the facility and generally results in a 

savings over the traditional PTI or PTIO. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 ofthe 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-30 

Rule Number 

Rule Title/Tag Line 

AMENDMENT 

TYPE of rule filing 

Clean unit. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F) 

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

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

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

After an extensive public participation process, Ohio EPA incorporated the 2002 

federal NSR Reform Regulations into OAC Chapter 3745-31 in October of 2004. 

On June 24, 2005, the D.C. Circuit Court of Appeals ("Court") made a decision 

regarding challenges to the 2002 federal NSR Reform regulations. The results 

include the vacation of the Clean Unit applicability test and the Pollution Control 

Project (PCP) exemption. Ohio EPA has provided information to stakeholders 

during previous rulemaking activity regarding OAC Chapter 3745-31 that we have 

no intention of implementing the PCP and Clean Unit provisions vacated by the 

court until such time that the Court, or U.S. EPA, incorporates changes or renders a 

new decision regarding their vacation. Previously we decided not to amend the 

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Page 2 Rule Number: 3745-31-30 

OAC to remove these provisions until further decisions are rendered. Ohio EPA has 

informed stakeholders in the past that we intend to amend the relevant portions of 

our rule, if necessary, when a final decision regarding the NSR Reform regulations 

is made in the appellate system. June 13, 2007, the USEPA adopted a final action to 

amend their PCP and Clean Unit rules based on the court's ecision. [72 FR 113, 

promulgated June 13, 2007, effective June 13, 2007] Ohio EPA has now decided it 

is the appropriate time to also amend our relevant rules to remove the PCP and 

Clean Unit provisions that implemented the vacated federal program. 

7. If the 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 of the rule: 

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

designation as a clean unit when they have Best Available Control Technology 

(BACT)/Lowest Achievable Emissions Rate (LAER) (or comparable) control of 

their air pollutant emissions. This rule is beign stricken and reserved as part of this 

amendment. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 
Page 3 Rule Number: 3745-31-30 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

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

designation as a clean unit when they have Best Available Control Technology 

(BACT)/Lowest Achievable Emissions Rate (LAER) (or comparable) control of 

their air pollutant emissions. There is no direct budget impacts associated with this 

specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 
Page 4 Rule Number: 3745-31-30 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule states the requirements for sources of air 

pollution which 'elect' to request designation as a clean unit when they have Best 

Available Control Technology (BACT)/Lowest Achievable Emissions Rate 

(LAER) (or comparable) control of their air pollutant emissions. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPQ Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-31 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Pollution control project. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F) 

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

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

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

After an extensive public participation process, Ohio EPA incorporated the 2002 

federal NSR Reform Regulations into OAC Chapter 3745-31 in October of 2004. 

On June 24, 2005, the D.C. Circuit Court of Appeals ("Court") made a decision 

regarding challenges to the 2002 federal NSR Reform regulations. The results 

include the vacation of the Clean Unit applicability test and the Pollution Control 

Project (PCP) exemption. Ohio EPA has provided information to stakeholders 

during previous rulemaking activity regarding OAC Chapter 3745-31 that we have 

no intention of implementing the PCP and Clean Unit provisions vacated by the 

court until such time that the Court, or U.S. EPA, incorporates changes or renders a 

new decision regarding their vacation. Previously we decided not to amend the 

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Page 2 Rule Number: 3745-31-31 

OAC to remove these provisions until further decisions are rendered. Ohio EPA has 

informed stakeholders in the past that we intend to amend the relevant portions of 

our rule, if necessary, when a final decision regarding the NSR Reform regulations 

is made in the appellate system. June 13, 2007, the USEPA adopted a final action to 

amend their PCP and Clean Unit rules based on the court's ecision. [72 FR 113, 

promulgated June 13, 2007, effective June 13, 2007] Ohio EPA has now decided it 

is the appropriate time to also amend our relevant rules to remove the PCP and 

Clean Unit provisions that implemented the vacated federal program. 

7. If the rule is an AMENDMENT, then summarize the changes and the content 

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

then summarize the content of the rule: 

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

a pollution control project exemption. This rule is beign stricken and reserved as 

part of this amendment. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

This rule also contains references to the Clean Air Act. This act is generally 

available through libraries, Ohio EPA and Government Printing Office's websites. 

Act references have also been dated to reference the specific version of the act. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

Referenced materials are cited, dated and availability noted in rule OAC 

3745-31-01 (AAAAAA). 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

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

Not applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling ofthis rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

Not applicable. 
Page 4 Rule Number: 3745-31-31 

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 is a voluntary program therefore there is no cost of compliance. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 ofthe 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-32 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Plantwide applicability limit (PAL). 

RULE SUMMARY 

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

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F) 

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

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

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

This rule is being amended to correct cross references as a result of the other rule 

changes that are a part of this package. 

7. If the 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 of the rule: 

The existing rule states the requirements for facilities which 'elect' to have their air 

pollutant emissions be covered under an optional permit with a plantwide limit. 

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Page 2 Rule Number: 3745-31-32 

This rule is being amended to correct cross references. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

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

rales are generally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version of the rales. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

Referenced materials are cited, dated and availability noted in OAC rale 

3745-31-01 (AAAAAA). 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rale. The rales in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rales 
Page 3 Rule Number: 3745-31-32 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

The following changes were made to the rule for the initial refiling on January 2, 

2008: 

o Crossreferences were corrected due to changes in the outline of other rules. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

This rule states the requirements for facilities which 'elect' to have their air 

pollutant emissions be covered under an optional permit with a plantwide limit. 

There is no direct budget impacts associated with this specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule states the requirements for facilities which 

'elect' to have their air pollutant emissions be covered under an optional permit with 

a plantwide limit. 
Page 4 Rule Number: 3745-31-32 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-31-33 AMENDMENT 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Site preparation activities prior to obtaining a final 

permit-to-install. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? No 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(F), 3704.03(G) 

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

or implements: 3704.03(G), 3704.03(F), 

3704.03(A) 

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

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Page 2 Rule Number: 3745-31-33 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

The current rule describes certain activities which can be undertaken at a facility 

prior to obtaining a final permit-to-install. The rule is broken into two parts. In 

general, paragraph (E) describes activities which are approved for any source 

(whether under the minor source or major source program categories) by both Ohio 

EPA and USEPA. In general, paragraph (F) describes additional activities beyond 

those in paragraph (E) which are appropriate for activities occurring at a project 

that falls under the minor source program. 

This rule is being amended to conform with other rules, including references to 

PTIO along with permit-to-install. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and laws are generally available 

to the public through libraries and on-line sources, including the Ohio EPA website, 

ORC 121.76 (A) exempts such references from the provisions of ORC 121.71 

through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 
Page 3 Rule Number: 3745-31-33 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rales 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

The following change was made to the rale for the initial refiling on January 2, 

2008: 

o The comment under paragraph (A) was amended. It was brought to our intention 

this list did not include reference to the requirements ofthe Division of Solid and 

Infectious Waste Management. 

12. 119.032 Rule Review Date: 12/1/2011 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

This rale describes activities that can be undertaken prior to obtaining a final PTI 
Page 4 Rule Number: 3745-31-33 

and, are therefore, excluded from the definition of begin actual construction 

contained in OAC rule 3745-31-01. There is no direct budget impacts associated 

with this specific rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule describes activities that can be undertaken 

prior to obtaining a final PTI and, are therefore, excluded from the definition of 

begin actual construction contained in OAC rule 3745-31-01. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-35-01 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Definitions. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(G) 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

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Page 2 Rule Number: 3745-35-01 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

The existing rule contains the definitions for OAC Chapter 3745-35, permits to 

operate. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

This rule also contains references to the United States Code (USC). These rules are 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. USC references have also been dated to reference the specific version of 

the rules. ORC 121.75 (D) exempts such references from the requirements of ORC 

121.71 through 121.74. 

This rule also contains references to the Clean Air Act (CAA). The CA A is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CA A have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references from the requirements 

of ORC 121.71 through 121.74. 

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

this rule. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 
Page 3 Rule Number: 3745-35-01 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 

This is the second refiling ofthis rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The rules of this chapter are being relocated to OAC Chapter 3745-31. There will 

be no impact on the agency's budget as a result of rescission of this rule. 
Page 4 Rule Number: 3745-35-01 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule contains definitions applicable to the 

chapter. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-35-02 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Permits-to-operate. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(G) 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

[ stylesheet: rsfa.xs! 2,06, authoring tool: EZ1, p: 28917, pa: 51259, ra: 155358, d: 185758)] print date: 07/03/2008 07:57 A M 
Page 2 Rule Number: 3745-35-02 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

The existing rule, in general, states the following requirements: 1) a PTO must be 

obtained prior to operating a qualifying source of air pollution, 2) qualifying 

persons who may sign the application, 3) the form ofthe application, 4) time 

frames for submitting applications, 5) criteria that must be met in order to be issued 

a PTO, 6) terms and conditions that must be addressed in the permit, 7) periods of 

effectiveness, 8) suspensions and revocation procedures, and 9) conditional permit 

issuance for sources unable to comply with a PTI. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

This rule also contains references to the Clean Air Act (CAA). The CA A is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CA A have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references from the requirements 

of ORC 121.71 through 121.74. 

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

OAC rule 3745-35-01. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 
Page 3 Rule Number: 3745-35-02 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The rules ofthis chapter are being relocated to OAC Chapter 3745-31. There will 

be no impact on the agency's budget as a result of rescission of this rule. 
Page 4 Rule Number: 3745-35-02 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

Please see the attached "Fiscal Analysis." 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 ofthe 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-35-03 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Variances. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(G) 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

[stylesheet: rsfa.xsl 2.06, authoring tool: EZ1, p: 28917, pa: 51259, ra: 155357, d: 185757)] print date: 07/03/2008 07:58 A M 
Page 2 Rule Number: 3745-35-03 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

The existing rule provides for cases where a source may be issued a variance in lieu 

of a traditional PTO. In general, a variance is a type of PTO issued to a source that 

emits an air pollutant in violation of an applicable law. If the source can meet the 

requirements of this rule, the director may issue them the variance to operate in 

violation of an applicable law for a specified period of time. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC) and Ohio 

Revised Code (ORC). While copies of these rules and statutes are generally 

available to the public through libraries and on-line sources, including the Ohio 

EPA website, ORC 121.76 (A) exempts such references from the provisions of 

ORC 121.71 through 121.75. 

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version ofthe rules. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

This rule also contains references to the United States Code (USC). These rules are 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. USC references have also been dated to reference the specific version of 

the rules. ORC 121.75 (D) exempts such references from the requirements of ORC 

121.71 through 121.74. 

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

OAC rule 3745-35-01. 

9. If the rule incorporates a text or other material by reference, and it was 
Page 3 Rule Number: 3745-35-03 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rales in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rales 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rale for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 
Page 4 Rule Number: 3745-35-03 

The rules of this chapter are being relocated to OAC Chapter 3745-31. There will 

be no impact on the agency's budget as a result of rescission ofthis rule. 

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: 

Please see the attached "Fiscal Analysis." 

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

municipal corporations? Yes 

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 ofthe 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-35-04 

Rule Number 

Rule Title/Tag Line 

RESCISSION 

TYPE of rule filing 

General policy. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(G) 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

[stylesheet: rsfa.xsl 2.06, authoring tool: EZ1, p: 28917. pa: 51259, ra: 155356, d: 185756)] print date: 07/03/2008 07:58 A M 
Page 2 Rule Number: 3745-35-04 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 of the rule: 

The existing rule states that the agency 1) should encourage cost effective 

alternatives for complying with applicable laws, 2) should consider, and minimize, 

economic expense without compromising compliance with applicable law, and 

3)should act on applications in the order which they are received as complete. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Revised Code (ORC). While copies of 

these statutes are generally available to the public through libraries and on-line 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version of this rule; if none, please state so: 
Page 3 Rule Number: 3745-35-04 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact of the proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The rules of this chapter are being relocated to OAC Chapter 3745-31. There will 

be no impact on the agency's budget as a result of rescission of this rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule identifies procedural requirements for the 
Page 4 Rule Number: 3745-35-04 

agency. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-35-05 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Permit exemptions and registration status. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(G) 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

[stylesheet: rsfa.xsl 2.06, authoring tool: EZ1, p: 28917. pa: 51259, ra: 155352, d: 185768)] print date: 07/03/2008 07:59 A M 
Page 2 Rule Number: 3745-35-05 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

The existing rule provides exemptions from the need to obtain a PTO and situations 

where a PTO does not need to be issued for smaller emitting sources, where the 

source is placed on registration status. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 
Page 3 Rule Number: 3745-35-05 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The rules of this chapter are being relocated to OAC Chapter 3745-31. There will 

be no impact on the agency's budget as a result of rescission of this rule. 

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: 

Please see attached "Fiscal Analysis." 
Page 4 Rule Number: 3745-35-05 

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

municipal corporations? Yes 

You must complete Part B ofthe Rule Summary and Fiscal Analysis in order to comply 

with Am. Sub. S.B. 33 of the 120th General Assembly. 

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

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

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

comply with Am. Sub. 106 of the 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-35-06 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Permits-to-operate for grain and feed processing operations 

and fertilizer mixing operations. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(G) 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 3745-31) and 

permit-to-operate (contained in OAC Chapter 3745-35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

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Page 2 Rule Number: 3745-35-06 

environment and the public. By consolidating the installation and operation 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 of the rule: 

The existing rale references the need for grain and feed processing operations and 

fertilizer mixing operations to submit applications in accordance with OAC rale 

3745-35-02, but provides flexibility in how the applications can be submitted (e.g., 

one application for multiple sources). 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rale contains references to the Ohio Administrative Code (OAC). While 

copies of these rales are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 
Page 3 Rule Number: 3745-35-06 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12.119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The rules of this chapter are being relocated to OAC Chapter 3745-31. There will 

be no impact on the agency's budget as a result of rescission ofthis rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule references the requirements of OAC rule 
Page 4 Rule Number: 3745-35-06 

3745-35-02. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 ofthe 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPQ Jennifer Hunter 

Division Contact 

50 West Town Street Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-35-07 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line Enforceable limitations on potential to emit. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 

accordance with the agency is required 

to adopt the rule: 119.03 

4. Statute(s) authorizing agency to 

adopt the rule: 3704.03(G) 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

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Page 2 Rule Number: 3745-35-07 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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: 

The existing rule identifies the criteria and procedures for placing federally 

enforceable restrictions on a sources potential to emit in a permit document, 

including those issued pursuant to OAC rule 3745-35-02. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rule contains references to the Ohio Administrative Code (OAC). While 

copies of these rules are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

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

rules are generally available through libraries, Ohio EPA and U.S. EPA websites. 

CFR references have also been dated to reference the specific version ofthe rules. 

ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 

through 121.74. 

This rule also contains references to the Clean Air Act (CAA). The CA A is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CA A have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references from the requirements 

of ORC 121.71 through 121.74. 

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

OAC rule 3745-35-01. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 
Page 3 Rule Number: 3745-35-07 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rale. The rales in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rales 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rale for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YE S to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase 

/decrease either revenues /expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will decrease expenditures. 

$0 

The rales of this chapter are being relocated to OAC Chapter 3745-31. There will 

be no impact on the agency's budget as a result of rescission of this rale. 
Page 4 Rule Number: 3745-35-07 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule identifies the criteria and procedures used 

by the agency for placing federally enforceable restrictions on a sources potential to 

emit. 

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

municipal corporations? No 

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

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

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

comply with Am. Sub. 106 ofthe 121st General Assembly. 
ACTION: Final DATE: 06/02/2008 8:17 A M 

Rule Summary and Fiscal Analysis (Part A) 

Ohio Environmental Protection Agency 

Agency Name 

Division of Air Pollution Control (DAPC) Jennifer Hunter 

Division Contact 

50 West Town Street. Suite 700 PO Box 1049 614-644-2270 614-644-3681 

Columbus OH 43216-1049 

Agency Mailing Address (Plus Zip) Phone Fax 

3745-35-08 RESCISSION 

Rule Number TYPE of rule filing 

Rule Title/Tag Line General permit-to-operate. 

RULE SUMMARY 

1. Is the rule being filed consistent with the requirements of the RC 119.032 

review? Yes 

2. Are you proposing this rule as a result of recent legislation? No 

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to 

accordance with the agency is required adopt the rule: 3704.03(G) 

to adopt the rule: 119.03 

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

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

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

Ohio EPA is developing a new permitting process called the Permit-to-install and 

operate (PTIO) program. The PTIO program will condense two separate permitting 

processes into one; the permit-to-install (contained in OAC Chapter 31) and 

permit-to-operate (contained in OAC Chapter 35) processes. The current 

duplication of effort requires a considerable amount of staff time and increases 

paperwork and Agency costs. By combining the processes and eliminating 

duplicative tasks, both Ohio EPA and permit applicants can allocate resources more 

efficiently. By reducing staff time and other costs, the Agency will be able to 

increase compliance assurance activities that provide greater benefits to the 

environment and the public. By consolidating the installation and operation 

[ stylesheet: rsfa.xsl 2.06, authoring tool: EZ1, p: 28917, pa: 51259, ra: 155336, d: 185764)] print date: 07/03/2008 08:02 A M 
Page 2 Rule Number: 3745-35-08 

requirements into one permit, Ohio EPA anticipates that permit holders will be 

better able to understand and comply with permit requirements. The result should 

be an increase in the number of facilities in compliance, which achieves Ohio 

EPA's objective of obtaining cleaner air. 

7. If the 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 of the rule: 

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

request a general permit-to-operate in lieu of a regular PTO. This is an option for 

the facility. 

8. If the rule incorporates a text or other material by reference and the agency 

claims the incorporation by reference is exempt from compliance with sections 

121.71 to 121.74 of the Revised Code because the text or other material is 

generally available to persons who reasonably can be expected to be affected 

by the rule, provide an explanation of how the text or other material is generally 

available to those persons: 

This rale contains references to the Ohio Administrative Code (OAC). While 

copies of these rales are generally available to the public through libraries and 

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

references from the provisions of ORC 121.71 through 121.75. 

This rale also contains references to the Clean Air Act (CAA). The CA A is 

generally available through libraries, Ohio EPA and Government Printing Office's 

websites. References to the CA A have also been dated to reference the specific 

version of the act. ORC 121.75 (D) exempts such references from the requirements 

of ORC 121.71 through 121.74. 

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

OAC rale 3745-35-01. 

9. If the rule incorporates a text or other material by reference, and it was 

infeasible for the agency to file the text or other material electronically, provide 

an explanation of why filing the text or other material electronically was 

infeasible: 

Not Applicable. 

10. If the rule is being rescinded and incorporates a text or other material by 

reference, and it was infeasible for the agency to file the text or other material, 
Page 3 Rule Number: 3745-35-08 

provide an explanation of why filing the text or other material was infeasible: 

Not Applicable. 

11. If revising or refiling this rule, identify changes made from the previously 

filed version ofthis rule; if none, please state so: 

This is the second refiling of this rule. The rules in this package were pulled from 

the JCARR process on January 22, 2008 to allow time to address comments from 

potentially affected parties. After reviewing the comments and meeting with the 

parties, it was determined that no additional changes would be necessary. The rules 

are being refiled to complete their JCARR jurisdiction prior to adoption. 

No changes were originally made to this rule for the initial refiling on January 2, 

2008. 

12. 119.032 Rule Review Date: 7/3/2007 

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

scheduled review date. If you answered YES to No. 1, the review date for this 

rule is the filing date.) 

NOTE: If the rule is not exempt at the time of final filing, two dates are required: 

the current review date plus a date not to exceed 5 years from the effective date 

for Amended rules or a date not to exceed 5 years from the review date for No 

Change rules. 

FISCAL ANALYSIS 

13. Estimate the total amount by which this proposed rule would increase / 

decrease either revenues / expenditures for the agency during the current 

biennium (in dollars): Explain the net impact ofthe proposed changes to the 

budget of your agency/department. 

This will have no impact on revenues or expenditures. 

$0 

The rules of this chapter are being relocated to OAC Chapter 3745-31. There will 

be no impact on the agency's budget as a result of rescission of this rule. 

14. Identify the appropriation (by line item etc.) that authorizes each expenditure 

necessitated by the proposed rule: 

Not Applicable. 
Page 4 Rule Number: 3745-35-08 

15. Provide a summary of the estimated cost of compliance with the rule to all 

directly affected persons. When appropriate, please include the source for your 

information/estimated costs, e.g. industry, CFR, internal/agency: 

There is no cost of compliance. This rule states the requirements for sources of air 

pollution which request a general permit-to-operate in lieu of a regular PTO, which 

is an option for the facility and generally results in a savings over the traditional 

PTO. 

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

municipal corporations? No 

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

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

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

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