### RECEIVED 

## SEP172009 u.s. EPA REUIUN ;) State of Ohio Environmental Protection Agency OFFICEOFREGIONALADMINISTRATOR STREET ADDRESS: 

### RECEIVED 

### SEP Z12009 MAILING ADDRESS: Lazarus Govemment Center 50 W. Town St., Suite 700 Columbus, Ohio 43215 Mr. Bharat Mathur Acting Regional Administrator U.S. EPA Region V 77 W. Jackson Blvd. Chicago, IL 60604 TELE: (614) 644·3020 FAX: (614) 644·3164 www.epa.state.oh.us 

## SEP 102009

Re: Request for Approval of Amendments to Ohio Administrative Code (OAC) Relating tothe Consolidation ofOhio'sAAQS into Ohio's State Implementation Plan (SIP) Dear Mr. Mathur: On April 14, 2009, Ohio EPA adopted amendments to various rules in the Ohio Administrative Code (OAC) to consolidate the state's ambient air quality standards (AAQS). Priorto April, 2009, Ohio's AAQS were spread out among the 35 chapters ofthe OAC that are dedicated to Air Pollution Control. The wide scattering of these standards throughoutthe various chapters often caused confusion among the regulated community, requiring them to perform extensive searchestofind individual standards. The intentofthis rulemaking effort was to consolidate Ohio's AAQS into a single rule to provide greater accessibilityforthe regulated community and the citizens of Ohio. Specifically, Ohio EPA made the following changes as part of our rulemaking: Amendment of existing OAC rules: 3745-17-03,3745-17-14,3745-18-03 Rescission of rules and replacementwith newlanguage, OAC rules: 3745-23-01 and 3745- 25-01 to 3745-25-04 Rescission ofruleswith no replacement, OAC rules: 3745-17-02, 3745-18-02, 3745-21-02, 3745-23-02, and 3745-71-02 Promulgation as new rule, OAC rule: 3745-25-05 Atthis time, Ohio EPA is requesting that U.S. EPA acceptthe newand amended rules as replacements forthe rules currently in our SIP and remove the rescinded rules from our SIP astheircontents have been relocated to newOAC rule 3745-25-021

. This lettershould meetthe requirements in 40 CFR Part 51, AppendixV, Section 2.1 (a) for: a "formal letter of submittal from the Governor or his designee, requesting EPA approval ofthe plan or

1 [Note: While the reorganization caused both the MQS and the Emergency Episode standards to be relocated, the actual standards and procedures for determining compliance with orenforcing the standards were not changed.]



# * Printed on Recycled Paper Ted Strickland, Governor Lee Fisher, Lieutenant Governor Chris Korleski, Director Ohio EPA is an Equal OpportunityEmployerMi. BbaratMathur Request for Approval ofAmendments into Ohio's SIP

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revision. n The following documents are attached for your consideration per the requirements of40 CFR Part 51, Appendix V: Article One addresses the following two requirements: 40 CFR Part 51, Appendix V, Section 2.1(b) Evidencethatthe State has adopted the plan in the State code orbodyofregulations; or issued the permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption or final issuance as well as the effective date ofthe plan, ifdifferentfrom the adoption/issuance date. 40 CFR Part 51, Appendix V, Section 2.1 (d) A copyofthe actual regulation, ordocumentsubmitted forapproval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable. The submittal shall be a copy ofthe official State regulation /document signed, stamped, and dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself. Certified copies ofthe 14 rules, in redline and strikeout, are being submitted for approval and incorporation by reference intothe plan. The copies are included as evidencethatthe State has adopted the body of regulations in final form. This submittal includes copies of the official State regulations signed, stamped, and dated bythe appropriate State official indicating thattheyarefullyenforceable bythe State. The effective date ofeach regulation is indicated in the document itself. Please considerthat Ohio has an electronic rule filing system and all certifications/signatures of regulations are done electronically. Article Two addresses the following requirement: Copies of the public notice of adoption and Director's Findings & Orders have been included as evidence ofthe date ofadoption aswell asthe effective date ofthe regulations and evidence that public notice was given of the proposed changes consistent with procedures approved by EPA, including the date of publication of such notice. Requirements of40 CFR Part 51, Appendix V, Section 2.1 (c): Evidence that the State has the necessary legal authority under State law to adopt and implement the plan. Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) of Section 3704.03 ofthe Ohio Revised Code (ORC) to enactthese rules. Copies ofthese sectionsof the ORC can be provided upon request. Article Three addresses the following requirements: 40 CFR Part 51, Appendix V, Section 2.1 (e)Mr. BharatMathur RequestforApproval ofAmendments into Ohio's SIP

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Evidencethatthe Statefollowed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoptionlissuance ofthe plan. 40 CFR Part 51, AppendixV, Section 2.1 (f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. Ohio EPA has included a narrative and several attachments as evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance ofthe plan. Article Four 40 CFR Part 51, AppendixV, Section 2.1 (g) Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, ifapplicable. A copy ofthe transcript from the public hearing has been provided as certification that a public hearing was held in accordance with the information provided in the public notice and the State's laws and constitution, ifapplicable. Article Five 40 CFR Part 51, Appendix V, Section 2.1 (h) Compilation of public comments and the State's response thereto. Copies of the Response to Comments documents for both the draft language and proposed language comment periods are attached. Ohio EPA asks that the above mentioned rules be accepted as revisions to Ohio's SIP We would appreciate if U.S. EPA would expedite the review of this material. Please contact Bob Hodanbosi ifyou have any questions aboutthis submittal. Sincerely,

Chris Korleski Director

cc: Bob Hodanbosi, Chief Division ofAir Pollution Control Attachment