STREET ADDRESS: Lazarus Government Center 50 W. Town St., Suite 700 Columbus, Ohio 43215



### Ms. Lynn Buhl Regional Administrator U.S. EPA Region V 77 W. Jackson Blvd. Chicago, IL 60604 

# CJlDEa\

State of Ohio Environmental Protection Agency

TELE: (614) 644-3020 FAX: (614) 644-3184 www.epa.state.oh.u5 

### MAR 242009



## MAR 172009 i

JAILING ADDRESS: P.O. Box 1049 Columbus,OH 43216-1049



### Re: RequestforApproval ofAmended OhioAdministrative Code ("OAC") Rules 3745- 15-01 and 3745-15-05 into Ohio's State Implementation Plan ("SIP") Dear Ms. Buhl: On January22,2009, Ohio EPAadopted amendmentsto OhioAdministrative Code (OAC) Rules 3745-15-01 and 3745-15-05. The amendments were intended to address the following: OAC Rule 3745-15-01: Paragraph (J) was added to define "Clean AirAct" as used in OAC Chapter 3745-15: Information was added on the version and availabilityof items referenced in OAC chapter 3745-15. Ohio EPA is required to providethis information underOhio Revised Code (ORC) 121.72. OAC Rule 3745-15-05: Paragraph (E) was amended to clarifythat notall ofthe seven records identified underthis paragraph are required for the exemption; rather anyone or more of the records shall suffice. Paragraph (E)(7) incorporates changes to clarify ambiguity in the rule regarding "certification under oath" language. The suggested change identifies the intent for the owner or operatorto submit written certification. Paragraph (H) was amended to require identification of insignificantemissions units (IEUs) rather than a simple listing. This text change is in recognition that an emissions activity categoryform must be included in theTitle V application foreach lEU that is subjectto one or more applicable requirements. Paragraph (I) is being revised to identify Chapter 3745-77 ofthe Administrative Code as one ofthe types of permits that may be required. This change is a reflection ofchanges to OAC Chapter3745-77 (September2002) that require insignificantemissions units subject

G) Printed on Recycled Paper Ted Strickland, Governor Lee Fisher, Lieutenant Governor Chris Korleski, Director Ohio EPA is an Equal OpportunityEmployer

### to one or more requirements to be included on the state and federally enforceable side of the Title V permit (de minimis

### operations oractivities continue to be listed on the state-only enforceable side of the permit). The first step in making this change is to require submission ofan emissions activitycategoryform foreach affected lEU. Thus a de minimis 

### operation oractivitythat loses its eligibilityas being a de minimis

### exemptsource may result in a required modification of a Title V permit application and permit if the operation or activity is located at a Title V facility. The rule amendment clarifies that submission of a revised OAC Chapter 3745-77 application may be required. Also minor corrections to formatting were made and a comment paragraph indicating the location of information on referenced materials was added. This lettershould meetthe requirements in 40 CFR Part 51, AppendixV, Section 2.1 (a): a "formal letterofsubmittal from the Governoror his designee, requesting EPA approval of the plan or revision." 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 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, if different from 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 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 ofboth rules, in redline and strikeout, are being submitted forapproval 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 thatthey are fully enforceable 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 as well as the 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 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) Evidencethatthe Statefollowed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption/issuance 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. EPAwould expedite the reviewofthis material. Please contact Bob Hodanbosi ifyou have any questions about this submittal. Sincerely,

Chris Korleski Director

cc: Bob Hodanbosi, Chief Division ofAir Pollution Control Attachment

# Article I Certified Copy of Rules

## ACTION: Final 

# I DATE: 01/12/2009 8:20AM 

# I

3745-15-01 Definitions.

[Comment: For dates of non-regulatory government publications. publications of recognized organizations and associations. federal rules. and federal statutory provisions referenced in this rule. see the last paragraph of this rule titled "Incorporation by reference."] As used in all airpollutionrules, exceptas maybe otherwise specificallyprovided. (A) "Act" means Chapters 3704. and 3745. ofthe Revised Code. (B) "Agency", "Ohio EPA", "OEPA" or "board", means the Ohio environmental protection agency orits director as the context orotherlaw orrules may require. (C) "Airpollutant" or "air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, vapororodorous substances, orany combinationthereof. (D) "Airpollution" means the presence in the ambient airofone or more airpollutants or any combination thereof in sufficient quantity and of such characteristics and duration as is or threatens to be injurious to human health or welfare, plant or animal life, orproperty, or which interferes with the comfortable enjoyment oflife orproperty. (E) "Ambient air" means that portion ofthe atmosphere outside ofbuildings and other enclosures, stacks, or ducts which surrounds human, plant, or animal life, or property. (F) "Ambient air quality standards" means ambient air quality goals expressed numerically and intendedto be attained and maintained in a statedtime through the application ofappropriate preventive orcontrol measures. (G) "ASME" means the "American Society of Mechanical Engineers, 345 East 47th Street,**}~e'N** York,**}~ew** York"

. (H) "ASTM" means the "American Society for Testing and Materials, 1916 Raee Street, Philadel)9hia, PeIlfisyl·tania". (I) "Area" means the state ofOhio. (1) "Clean Air Act" or 

### "CAN' means the federal Clean Air Act as amended November 15. 1990; 42 USC 7401 to 7671q. t.B(K) "Control equipment" means any device or contrivance which prevents or reduces

[.ltr1es!rect: rule.xsi 2.14, authoring tool: iJi 2,()J .Hay 1/, n, 27fY3. }la. 64438, m: 1746:'4. d: 1833.'>7)] print date:**O~:'06:2(l09** 02:2; PM3745-15-01

emissions. 2**~aJ.** "Commenced" means that an owner or operator has undertaken a continuous program ofconstruction or modification or has entered into a binding contractual obligation to undertake and complete, within a reasonable time, a continuous program ofconstruction ormodification. fbt(M) "Director" means the director ofthe Ohio environmentalprotection agency. 

## tM1ilil "Effective date ofthese rules" means February 15, 1972, notwithstanding any amendment, rescission orrenumbering ofany oftheserules. (N1{Q} "Emission" means the act ofreleasing or discharging an air pollutant into the ambientairfrom any source. 

### fGtill "Existing source" means any source the construction ofwhich was commenced priorto February 15, 1972.**~(Ql** "Facility" means any building, structure, installation, operation, or combination thereofwhich contains one ormore stationary source(s) ofaircontaminants.**~(R)** "Modification" means any physical change in, or change in the method of operation of, an existing source or anew source thatincreases the amount ofany air pollutant emitted by such source or which results in the emission of any air pollutantnotpreviously emittedfrom the same location.

"New source" means any source the construction or modification of which is commenced on orafterFebruary 15, 1972. 

## t81ill "Non-methane hydrocarbon" means any chemical compound containing carbon but excluding: carbon monoxide, carbon dioxide, carbides, metallic carbonates, ammonium carbonate, andmethane. fB(U) "Owner or operator" means any person who owns, leases, controls, operates or supervises afacility, an emission source, orairpollutioncontrol equipment. M(V) "Person" means the state or any agency thereof, any political subdivision, or any agency thereof, public or private corporation, individual, partnership, or other entity. M(W) "Region" means an air quality control region as designated by the secretary of3745-15-01 3

health, education and welfare, orby the administrator, United States environmental protection agency, orby the director. fW1(X) "Source" means any building, structure, facility, operation, installation, other physical facility, or real or personal property that emits or may emit any air pollutant. W(Y) "Source operation" means the last operationpreceding emission which operation: (1) Results in the separation ofthe air contaminant from the process materials orin the conversion ofthe process materials into aircontaminants, as inthe case of combustion fuel; and (2) Is not an airpollution abatement operation. 

## Mill "Stack" means any chimney, flue, conduit, or duct arranged to conduct emissions to the ambient air.**~(AA)** "Standard conditions" means a dry gas temperature of seventy degrees Fahrenheit (21.1 degrees centigrade) and a gas pressure of 14.7 pounds per square inch absolute (sevenhundred sixty millimeters mercury). (BB) Incorporation by reference. This chapter includes references to certain matter or materials. The text ofthe incorporated materials is not included in the regulations containedinthis chapter. The materials are hereby made apart ofthe regulations in this chapter. For materials subject to change. only the specific version specified in the regulation are incorporated. Material is incorporated as it exists on the effective date ofthis rule. Except for subsequent annual publication ofexisting (unmodified) Code of Federal Regulation compilations. any amendment or revision to a referenced document is not incorporated unless anduntil this rule as been amended to specifythe new dates. (1) Availability. The materials incorporatedby reference are available as follows: (a) American Society of Mechanical Engineers (ASME). Information and copies ofASTM documents may be obtained by writing to: "ASME International. P.O. Box 2300. Fairfield. NJ 07007-2300." ASME documents are also available for purchase at www.asme.org. ASME documents are also available for inspection and copying at most public libraries and "The State Library ofOhio." (b) American Society for Testing Materials (ASTM). Information and copies of ASTM documents may be obtained by writing to: "ASTM International. 100 Bar Harbor Drive. P.O. Box C700. West3745-15-01 4

Conshohocken. Pennsylvania 19426- 2959." ASTM documents are also available for purchase at www.astm.org. ASTM documents are also available for inspection and copying at most public libraries and "The State Library ofOhio." (c) Code of Federal Regulations (CFR). Information and copies may be obtained by writing to: "Superintendent of Documents. Attn: New Orders. PO Box 371954. Pittsburgh. PA 15250-7954." The full text of the CFR is also available in electronic format at http://www.gpoaccess.gov/cfr/index.html. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library ofOhio." (d) United States Code (USC). Information and copies may be obtained by writing to: "Superintendent ofDocuments. Attn: New Orders. PO Box 371954. Pittsburgh. PA 15250-7954." The full text ofthe United States Code is also available in electronic format at http://www4.1aw.comell.edu/uscode/. The U.S.C compilations are also available for inspection and copying at most public libraries and "The State Library ofOhio." (2) Incorporatedmaterials. (a) 40 CFRPart 302: "Designation. reportable quantities. andnotification:" as publishedinthe July 1.2006 Code ofFederal Regulations. (b) 40 CFRPart 355: "Emergency Planning andNotification:" as publishedin the July 1. 2006 Code ofFederal Regulations. (c) 42 USC 7401 to 7671q: "The Public Health and Welfare-Air Pollution Prevention and Control:" published January 19. 2004 in Supplement III ofthe 2000 Edition ofthe United States Code: as amended January 23. 2004. Pub. L. 108-199. sec. 425(a) and sec. 428(b). 118 Stat. 417-418. (d) Section 112(b) of the Clean Air Act: contained in 42 USC 7412: "Hazardous air pollutants- List of pollutants:" published January 19. 2004 in SupplementIII ofthe 2000 Edition ofthe United States Code.3745-15-01

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification

01/12/2009 Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffective Dates: 01/22/2009 11/30/2006 and 01/22/2014

119.03 3704.03(E) 3704.03(F) 7/5/73, 1/25/80 5

## ACTION: Final 

# I DATE: 01112/20098:20

## AM 

# I

3745-15-05 "De Minimis" air contaminant source exemption.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph in rule 3745-15-01 ofthe Administrative Code titled "Incorporationbyreference."] (A) Forpurposes ofthis rule, the following definitions apply: (1) "Actual emissions" means the amount ofemissions an air contaminant source actually emits on a calendar day or calendar year basis, whichever is applicable. (2) "Air contaminant" means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor, or odorous substances, or any combination thereof, butdoes not include waterby itself. (3) "Air contaminant source" or "source" means each separate operation or activity thatresults ormay result inthe emission ofany aircontaminant. (4) "Air pollution control equipment" shall mean control equipment which is not, aside from air pollution control requirements, vital to production of the normal product ofthe source orto its normal operation. Equipment is vital if the source couldnotproduce its normal productoroperate withoutit. (5) "Hazardous airpollutant" means any pollutant listed pursuant to seetionSection 112(b) ofthe federal CleanAirA:etCAA. (6) "Potential to emit" or "potential emissions" shall mean the amount ofemissions of an air contaminant which would be emitted from a source during a twenty-fourhourcalendarday or calendaryearbasis, whicheveris applicable, ifthat source were operatedwithoutthe use ofairpollution control equipment unless such control equipment is, aside from air pollution control requirements, necessary for the facility to produce its normal product or is integral to the normal operation ofthe source. Potential emissions shall be basedonmaximumratedcapacity. (7) "Similar sources" are: (a) Sources for which construction and operation are essentially the same, although, the capacity ofeach source is notnecessarily the same; (b) Sources in which the physical or chemical process occurring in each

[sfrlcshcet: rule.xs12.J..I. authoring tool: i4i 2.0.lliJay21, ](){}3. (d)": J(), F ;:7193. pa: fJ4-43;'( ra: 1746 71. d: J833n()J] print date: OJi06;2009 023.+ r,M3745-15-05

source is essentiallythe same; and (c) Sources from which essentiallythe same airpollutants are emitted. 2

(B) Except as provided in paragraphs (C), (D) and (H) ofthis rule and division (B) of section 3704.011 ofthe Revised Code, any air contaminant source is exempt from Chapter 3704. of the Revised Code and rules adopted thereunder, unless the potential emissions of anyone of the following exceeds ten pounds per day: particulate matter, sulfur dioxide, nitrogen oxides, organic compounds, carbon monoxide, leadorany otherair contaminant. (C) The exemption contained in paragraph (B) ofthis rule shall not apply to a source if any ofthe following applies: (1) A requirement established under the fedeftll CleElfi Air AetCAA or regulations adopted under it limits the emissions ofan air pollutant from the source to less than ten pounds per day or restricts the operation of the source in a mannerequivalentto an emission limitofless thantenpounds perday; (2) The source is subjectto an emissionlimit adoptedby the directorto achieve and maintain the national ambient air quality standards or a rule adopted by the director to protect public health and welfare limits the emissions from the source to less than ten pounds per day of an air pollutant or restricts the operation ofthe source in a manner equivalent to an emission limit ofless than tenpounds perday; (3) The source emits radionuclides; (4) The source alone or in combination with similar sources at the same facility, would result in potential emissions of any air pollutant in excess of twenty-five tons per year. In determining the total emissions from a group of similar sources, an enforceable permit emission limit shall be used in lieu of the potential to emitfor such source or sources; or (5) The source emits more than one ton per year ofany hazardous air pollutants or combinationofhazardous airpollutants. (D) The exemption provided in division (A) of section 3704.011 ofthe Revised Code does not apply to an air contaminant source having potential emissions greaterthan ten pounds per day (or one ton peryear ofone ormore hazardous airpollutants) of any air contaminant unless the owner or operator ofthe source maintains records that are adequate to demonstrate that actual emissions from the source did not3745-15-05 3

exceed ten pounds per day (or one ton per year of one or more hazardous air pollutants) and unless that source is not subject to the limitations specified in paragraph (C) ofthis rule. (E) In order to verify that actual emissions from a source described in paragraph (D) of this rule complied with the requirements of divisions (A) and (C) of section 3704.011 ofthe Revised Code during its operations, the owner or operator ofthe source shall maintain records that show that emissions ofany air contaminant from the source did not exceed ten pounds per day on each day the source emitted air contaminants, andthat the source in anyone yeardid not emitmore than one ton of hazardous airpollutants as defmed in division (1) ofsection 3704.03 ofthe Revised Code, and that the emissions from the source, in combination with similar air contaminant sources atthe same facility, didnotresult inpotential emissions ofany air contaminant from the facility in excess oftwenty-five tons during the preceding calendar year. Records consisting of one or more of the following types of information. ifapplicable. shall be adequate to make that demonstration. so long as the information clearly demonstrates that the owner or operator is operating in accordance with this rule:All the follov/ing infonnation, if applieable, shall ee adequate to make that demonstration: (1) A narrative description ofhow the emissions from the source were determined and maintained at or below the daily exemption level, and, for emissions of hazardous airpollutants, atorbelow the annual exemption level; (2) A description ofthe air pollution control equipment used on the source and a statement that the source is not capable ofoperating without that pollution control equipmentfunctioning; (3) Ifairpollution control equipment is used, a copy ofany report ofthe results of any emissiontestthatwas conducted following Ohio EPA approvedmethods, ifapplicable, orany otheremission evaluation; (4) A description of all production constraints required for the source to comply with the exemption levels; (5) Records of actual operations that demonstrate that the daily and annual emissions from the source were maintained at or below the exemption level by the use of the necessary production constraints or pollution control equipment; (6) A list ofall similar sources at the same facility and a statement for each such source ofthe annual potential emissions. Compliance with paragraph (C)(4) ofthis rule shallbe demonstrated; and3745-15-05 4

(7) A summation of the total emissions from each exempt or similar source, a summation of stated potential emissions from all sources identified in paragraph (E)(6) ofthis rule, and a written certification l:H'lder oath by the owneror operatorthatthe applicable exemption levels were compliedwith. (F) Records developedunderparagraph (E) ofthis rule shall be maintained by the owner ofthe source at a location at the facility for a period oftwo years following the recording ofthe information, and shall be provided to the director upon his request oruponthe requestofhis authorizedrepresentative. (G) The owner or operator ofsuch an exempt source not subject to paragraph (E) ofthis rule, upon the request ofthe director or his authorized representative concerning such source, shall provide information that is adequate to demonstrate that the source qualifies for the exemption. (H) Nothing inthis rule shallbe construedto exempt any source from requirements ofthe federal CleaR Air ActCAA, including its being considered for purposes of determining whether a facility constitutes a major source or is otherwise regulated under Chapter 3745-77 of the Administrative Code or any requirement to list identify insignificant activities and emissions levels in a title V permit application. In addition, this rule does not exempt any source that is a part of a major new source or major modification that would be required to meet any requirements under applicable state orfederal regulations. (I) Ifa source exempt under this rule should at any time exceed the exempt emission levels provided inparagraphs (B) and (D) ofthis rule, the owner oroperator ofsuch source shall immediately submit a written report describing the nature and cause of the exceedance. Upon request by the director, the owner or operator ofsuch source shall submit an application for a permitto install ifrequiredby Chapter 3745-31 of the Administrative Code and an application for a permit to operate pursuant to Chapter3745-35 orChapter3745-77 ofthe Administrative Code. as applicable.3745-15-05

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification

01/12/2009 Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffective Dates: 01/22/2009 11/30/2006 and 01/22/2014

119.03 3704.03(E) 3704.03(F) 4/20/94, 11/18/94, 2/3/00 5

# Article II Copy of Public Notice and Director's Findings & Orders

## BEFORE THE

..c'_. 

### OHIO ENVIRONMENTAL**PROTECTIO~:~9c~~~Y** 

## .._,:'; J"J;;;1P,



### In the Matter of: The Adoption ofAmended Rules 3745-15-01, 3745-15-02, 3745-15-04, 3745-15-05, 3745-15-08, and 3745-15-09 ofthe Ohio Administrative Code Director's Final Findings and Orders I**ce~ify** this to be a true and accurate copy ofthe official documents as filed in the records ofthe Ohio Environmental Protection Agency.



### FINDINGS AND

# ORD~~:.ce?--·-'-~'Date:i - 

### i

# Z·~q (._.C 

### The Director of Environmental Protection, having considered in compliance with the Administrative ProcedureActthe adoption, in final form, ofthe proposed amended rules of the Ohio Administrative Code cited above, finds: 1. That due notice of a public hearing in this matter pursuant to the Administrative Procedure Act was given, that a public hearing was held on January 8, 2007 in Columbus, Ohio, and thatall interested persons were afforded the opportunityto be heard; and 2. That upon due consideration, the adoption, in final form ofthe proposed amended rules of the Ohio Administrative Code cited above, is reasonable and lawful and within the purview of authority provided by law. It is therefore 

### ORDERED that amended rules 3745-15-01, 3745-15-02, 3745-15-04,3745-15-05, 3745- 15-08, and 3745-15-09 ofthe Ohio Administrative Code be adopted in final form. It is further 

### ORDERED that the effective date of said amended rules shall be

__ 

# J_A_N_:_2_2_l_0_0_9_ It is further 

### ORDEREDthatcopies ofthese Findings and Orders and certified copies ofsaid amended rules, in final form, shall be filed with the Secretary of State, the Joint Committee on Agency Rule Review, the Legislative Services Commission, and the Department of

### Development's Office of Small and Developing Business, as required by law. 

### APPEAL RIGHTS Notice is hereby given that this action ofthe Director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 

### 3745.04 of the Ohio Revised Code. 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 afternotice ofthe Director's action. The appeal mustbe accompanied by afiling fee of

### $70.00which the Commission, in its discretion, mayreduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice ofthe filing of the appeal shall be filed with the Director within three (3) days offiling with the Commission. Ohio EPA requests that a copyofthe appeal be served upon the Ohio AttorneyGeneral's Office, Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address: Environmental Review Appeals Commission 

### 309 South Fourth Street, Room 

### 222 Columbus,OH 

### 43215

Chris Korleski, Director Ohio Environmental Protection Agency

Issued at Columbus, Ohio this 

# £3- /'2- day of 

# )0-..11 () J-

# ry i

2 

# ,2-,001

.I 

## DATE: 01112/09 

## 1:07 PM



## State of Ohio Environmental Protection Agency Notice ofAdoption of Rules Notice is hereby given that the Directorof Environmental Protection, underthe authority of Ohio Revised Code (ORC) Section 3704.03 has adopted amended Ohio Administrative Code (OAC) rules 3745-15-01,3745-15-02,3745-15-04, 3745-15-05, 3745-15-08, and 3745-15-09. These rules establish the general provisions for air pollution sources located in the State of Ohio. These amendments are being made as a result of a 5 year reviewas required in ORC 119.032 This action does not inClude the "Malfunction Rule" (3745-15-06) which was originally a part ofthis package. After reviewing interested partycomments, itwas determined thatOAC rule 3745-15-06 was still necessary, however, the proposed changes were removed and the rule was proposed to the Joint Committee on Agency Rule Review(JCARR) without amendments as a "no-change" rule in accordance with the requirements ofORC 119.032. Ohio EPA maystill considerchanges tothis rule, however it will be at a future date in a separate rulemaking. Pursuantto Section 121.39 ofthe Ohio Revised Code, DAPC is required to consultwith interested parties affected bythe rules before the division formal adopts them. On June 26, 2006, these rules went outfora 30 day review by interested parties. Pursuantto Section 119.03 ofthe Ohio Revised Code, a public hearing on these rule changes was conducted on January 8, 2007 in Columbus, Ohio. Several comments were received during both the draft and proposed rule phases. These comments resulted in minor changes to the drafted language for the rules being proposed today. The Director's orderofadoption was issued on January 12, 2009. The effectivedate ofthese rules is January 22, 2009. To request a copyofthese rules, obtain further information, or inspectorrequest copies ofagency files and records pertaining to the proceeding contact Jennifer Hunter, Ohio EPA, Division of Air Pollution Control, Lazarus GovernmentCenter, PO Box 1049, Columbus, Ohio 43216-1049 orcall Jennifer Hunter at 614-644-3696. The rules are ayailable on Ohio EPA DAPC's Web page for electronic downloading. The URL is: http://www.epa.state.oh.us/dapc/regs/regs.html. This action of the Director is final arld may be appealed to the Erlvirorlmerltal Review Appeals Commissiorl ("ERAC") pursuarltlo Sectiorl3745.04ofthe Ohio Revised Code. The appeal mustbe irl writing and set forth the actiorl complairled ofarld the grounds upon which the appeal is based. The appeal must be filed with ERAC withirl thirty (30) days after rlotice ofthe Director's action, at 309 South Fourth Street, SUite 222, Columbus, Ohio 43215. Copies ofthe appeal must be served upon the Director ofthe Ohio EPAwithin three (3) days offiling with ERAC. The appeai must be accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce if by affidavilyou demonstrate that paymentofthe full amountofthefee would cause extreme hardship. Ohio EPAalso requests that a copy ofthe appeal be served upon the Environmental Enforcement Section ofthe Ohio Attorney General's Office.