John R. Kasich, Governor 

Mary Taylor, Lt. Governor 

Craig W. Butler, Director 

March 26, 2015 

George Czerniak 

Director, Air & Radiation Division 

USEPA Region 5 

77 West Jackson Boulevard 

Mail Code: A-18J 

Chicago, IL 60604-3507 

Ano nU 0 11!"!15 l\ o v 

RE: Clarification on June 19, 2014 Ohio State Implementation Plan (SIP} Submittal 

Regarding Ohio Administrative Code (OAC) Chapter 3745-31 known as the PM2.5 

SIP Submission; various rule clarifications 

Dear George: 

On June 19, 2014 Ohio EPA submitted the above referenced regulations for 

incorporation into Ohio's SIP. This letter intends to clarify Ohio's intent with various 

rules as discussed in July 1, 2014 and August 26, 2014 calls between Ohio EPA's 

Division of Air Pollution Control (DAPC) and Region 5 staff. A synopsis of the discussion 

of each rule and DAPC's response are listed below. 

Ohio Administrative Code (OAC} paragraph 3745-31-01(MM}, definition of 

"emergency": 

Region 5 commented that DAPC's definition of emergency in OAC Chapter 31 does not 

match the definition found in 40 CFR 70.6(g)(1 ) . 

DAPC's intent with including a definition of "emergency" in OAC Chapter 31 was to 

clearly define situations in which an emergency internal combustion engine could 

operate under the permit exemption and permit-by-rule found in OAC rule 3745-31-03. 

We defined emergency to include the examples given in 40 CFR Part 60, Subpart 1111, 

the standards of performance for new stationary compression ignition internal 

combustion engines, 40 CFR Part 60, Subpart JJJJ, the standards of performance for 

new stationary spark ignition internal combustion engines, and 40 CFR Part 63, Subpart 

ZZZZ, the National Emission Standards for Hazardous Air Pollutants for Reciprocating 

Internal Combustion Engines, where these rules state, "Examples include stationary 

[R]ICE used to produce power for critical networks or equipment (including power 

SO West Town Street • Suite 700 • P.O. Box 1049 • Columbus, OH 43216-1049 

www.epa.ohio.gov • (614) 644-3020 • (614) 644-3184 (fax) 
George Czerniak, Director, Air & Radiation Division 

SIP clarification letter 

Page 2 

supplied to portions of a facility) when electric power from the local utility (or the normal 

power source, if the facility runs on its own power production) is interrupted, or 

stationary [R]ICE used to pump water in the case of a fire or flood, etc:' We believe that 

the scenarios presented under our definition of emergency mirror these situational 

examples as given in the NSPS and NESHAP, As stated in our rule: 

"Emergency" means: 

"An emergency caused by flooding, damaging winds or tornado, fire, or other 

natural disaster." 

We believe this language in our rule coincides with the language, "in the case of a fire or 

flood, etc.," in the federal NSPS and NESHAP rules. 

Also: 

"An electric power outage due to a failure of the electrical grid, local supply 

equipment failure, facility equipment failure ... " 

This language coincides with the language, "when electric power from the local utility (or 

the normal power source, if the facility runs on its own power production) is interrupted" 

in the federal NSPS and NESHAP rules. 

This definition for "emergency" found in OAC rule 3745-31-01 is only applicable the 

permit exemption found in OAC paragraph 3745-31-03(A)(1)(nn) and the Permit-by-rule 

found in OAC paragraph 3745-31-03(A)(4)(b). 

The definition of "emergency" in Chapter 31 does not relate to, interfere with or revise 

the Part 70 definition of "emergency". 

OAC Paragraphs 3745-31-01 (QQQQ), (JJJJJ), and (BBBBBB), definitions of 

"permanent", "quantifiable" and "surplus": 

Region 5 commented that DAPC's definitions of "permanent", "quantifiable" and 

"surplus" in OAC Chapter 31 are not defined in any federal rule, and therefore believes 

that these definitions need not be incorporated into the SIP. 

DAPC included definitions for "Quantifiable", "Permanent", "Surplus" in order to clarify 

the verification process for an emission reduction credit (ERC) used for offsets under 

Nonattainment New Source Review. Ohio EPA withdraws these definitions for 

incorporation into the SIP, and the definitions will serve only as clarifications for our 

ERC Trading and Banking Program. 
George Czerniak, Director, Air & Radiation Division 

SIP clarification letter 

Page 3 

OAC Paragraph 3745-31-01(TTTTT), definition of "semi-public disposal system": 

Region 5 commented that OAPC's definition of "semi-public disposal system" is 

unnecessary as this term is not referenced in any rule under OAC Chapter 31. 

OAPC is planning to add a new exemption to OAC rule 3745-31-03 that references the 

term "semi-public disposal system." Because rule 3745-31-01 was being revised ahead 

of the changes to the 3745-31-03 rule, we decided to go ahead and include the new 

exemption into 31-01 so that additional rulemaking would not be needed later. The new 

definition will be used only if and when the new exemption becomes effective. 

OAC paragraph 3745-31-10(A)(1)(c): 

Region 5 commented that the citation for (GGGGG)(c) is incorrect and should be 

(GGGGG)(3). 

Ohio EPA agrees and will revise the rule at the next opportunity. 

OAC Paragraphs 3745-31-22(A)(3)(b) and 3745-31-26(0): 

Region 5 commented that in order for states to set interpollutant offset ratios for PM2.5, 

they must first prepare an analysis and justification for the proposed ratios. Since Ohio 

EPA has not yet prepared the analysis, U.S. EPA cannot approve the offset ratios listed 

in the rule under paragraph 37 45-31-26(0). 

Ohio EPA understands that U.S. EPA cannot approve the PM2.5 interpollutant offset 

ratios at this time. As such, OAPC withdraws OAC paragraphs 3745-31-22(A)(3)(b) and 

3745-31-26(0) for approval into the SIP. We will resubmit these paragraphs for 

inclusion in the SIP when we have demonstrated justification for the PM2.5 offset ratios. 

OAC Paragraph 3745-31-23(A): 

Region 5 would like further explanation as to why Ohio EPA chose 10 1-1g/m3 as the 

significant impact level (SIL) 1-hour averaging time for N02. 

It is our understanding that, at this time, U.S. EPA does not require the 1-hour N02 SIL 

to be included in the SIP. As such, Ohio EPA is withdrawing the 1-hour N02 SILas 

described in the table under paragraph A of OAC rule 3745-31-23 from inclusion in the 

SIP. 

OAC Paragraphs 3745-31-24(F)(1)(a) and 3745-31-27(A)(1)(b): 

Region 5 commented that the language "legally and practicably enforceable by the 

state" does not follow U.S. EPA guidance for establishing offsetting emissions 

reductions. 
George Czerniak, Director, Air & Radiation Division 

SIP clarification letter 

Page 4 

Ohio EPA has reviewed U.S. EPA guidance and determined that current U.S. EPA 

policy is to require offset emissions reductions to meet the "federally enforceable" tests 

as opposed to the "legally and practicably enforceable by the state" tests. As such, we 

are asking U.S. EPA not to include OAC paragraphs 37 45-31-24(F)(1 )(a) and 37 45-31-

27(A)(1 )(b) into the SIP. 

Based on our discussions with U.S. EPA Region 5 staff, and, based on the above 

supporting information, Ohio EPA believes U.S. EPA will be able to move forward with 

proposing to approve the inclusion of Ohio EPA's PM2.5 rule package into the SIP. 

If you have any questions please feel free to contact Sudhir Singhal at 614-644-3684. 

Sincerely, 

f�;�· 

Robert F. Hodanbosi 

Chief, Division of Air Pollution Controlcc: Michael Hopkins, Assistant Chief, Ohio EPA Division of Air Pollution Control 

Sudhir Singhal, DAPC