RECEIVED

SEP172009

u.s. EPA REUIUN ;) State of Ohio Environmental Protection Agency

OFFICE OF REGIONAL ADMINISTRATOR

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 10 2009

Re: Request for Approval of Amendments to Ohio Administrative Code (OAC)

Relating to the Consolidation ofOhio's AAQS 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). Prior to April, 2009, Ohio's AAQS were spread out among the 35 chapters of the

OAC that are dedicated to Air Pollution Control. The wide scattering of these standards

throughout the various chapters often caused confusion among the regulated community,

requiring them to perform extensive searches to find individual standards. The intent of this

rulemaking effort was to consolidate Ohio's AAQS into a single rule to provide greater

accessibility for the 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 replacement with new language, OAC rules: 3745-23-01 and 3745-

25-01 to 3745-25-04

Rescission of rules with 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

At this time, Ohio EPA is requesting that U.S. EPA accept the new and amended rules as

replacements for the rules currently in our SIP and remove the rescinded rules from our

SIP as their contents have been relocated to new OAC rule 3745-25-021

. This letter should

meet the requirements in 40 CFR Part 51, Appendix V, Section 2.1 (a) for: a "formal letter

of submittal from the Governor or his designee, requesting EPA approval of the 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 or enforcing the standards

were not changed.]

* Printed on Recycled Paper

Ted Strickland, Governor

Lee Fisher, Lieutenant Governor

Chris Korleski, Director

Ohio EPA is an Equal Opportunity Employer
Mi. Bbarat Mathur

Request for Approval of Amendments into Ohio's SIP - AAQS

2

revision. n The following documents are attached for your consideration per the

requirements of 40 CFR Part 51, Appendix V:

Article One addresses the following two requirements:

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

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

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

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

effective date of the plan, if different from the adoption/issuance date.

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

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

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

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

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

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

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

Certified copies of the 14 rules, in redline and strikeout, are being submitted for approval

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

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

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

indicating that they are fully enforceable by the State. The effective date of each regulation

is indicated in the document itself. Please consider that 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 of the date of adoption as well as the effective date of the regulations

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

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

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

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

and implement the plan.

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

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

the ORC can be provided upon request.

Article Three addresses the following requirements:

40 CFR Part 51, Appendix V, Section 2.1 (e)
Mr. Bharat Mathur

Request for Approval of Amendments into Ohio's SIP - AAQS

3

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

and constitution in conducting and completing the adoptionlissuance of the plan.

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

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

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

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

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

conducting and completing the adoption/issuance of the plan.

Article Four

40 CFR Part 51, Appendix V, 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, if applicable.

A copy of the 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, if applicable.

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 if you have any questions about this submittal.

Sincerely,

Chris Korleski

Director

cc: Bob Hodanbosi, Chief Division of Air Pollution Control

Attachment