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 17 2009

i

JAILING ADDRESS:

P.O. Box 1049

Columbus,OH 43216-1049

Re: Request for Approval ofAmended Ohio Administrative Code ("OAC") Rules 3745-

15-01 and 3745-15-05 into Ohio's State Implementation Plan ("SIP")

Dear Ms. Buhl:

On January 22,2009, Ohio EPA adopted amendments to Ohio Administrative 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 Air Act" as used in OAC Chapter 3745-15:

Information was added on the version and availability of items referenced in OAC chapter

3745-15. Ohio EPA is required to provide this information underOhio Revised Code (ORC)

121.72.

OAC Rule 3745-15-05:

Paragraph (E) was amended to clarify that not all of the 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 operator to submit written certification.

Paragraph (H) was amended to require identification of insignificant emissions units (IEUs)

rather than a simple listing. This text change is in recognition that an emissions activity

category form must be included in the Title V application for each lEU that is subject to one

or more applicable requirements.

Paragraph (I) is being revised to identify Chapter 3745-77 of the Administrative Code as

one of the types of permits that may be required. This change is a reflection of changes to

OAC Chapter 3745-77 (September 2002) that require insignificant emissions units subject

G) Printed on Recycled Paper

Ted Strickland, Governor

Lee Fisher, Lieutenant Governor

Chris Korleski, Director

Ohio EPA is an Equal Opportunity Employer
to one or more requirements to be included on the state and federally enforceable side of

the Title V permit (de minimis operations or activities continue to be listed on the state-only

enforceable side of the permit). The first step in making this change is to require

submission of an emissions activity category form for each affected lEU. Thus a de minimis

operation or activity that loses its eligibility as being a de minimis exempt source 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 letter should meet the requirements in 40 CFR Part 51, Appendix V, Section 2.1 (a): a

"formal letter of submittal from the Governor or 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 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 both 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 of these 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)

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.

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
Article I

Certified Copy of Rules
ACTION: Final I DATE: 01/12/2009 8:20 AM 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 air pollution rules, except as may be otherwise specifically provided.

(A) "Act" means Chapters 3704. and 3745. ofthe Revised Code.

(B) "Agency", "Ohio EPA", "OEPA" or "board", means the Ohio environmental

protection agency or its director as the context or other law or rules may require.

(C) "Air pollutant" or "air contaminant" means particulate matter, dust, fumes, gas, mist,

smoke, vapor or odorous substances, or any combination thereof.

(D) "Air pollution" means the presence in the ambient air of one or more air pollutants 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, or property, or which interferes with the comfortable enjoyment of life

or property.

(E) "Ambient air" means that portion of the atmosphere outside of buildings 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 intended to be attained and maintained in a stated time through the

application of appropriate preventive or control 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; PM
3745-15-01

emissions.

2

~aJ. "Commenced" means that an owner or operator has undertaken a continuous

program of construction or modification or has entered into a binding contractual

obligation to undertake and complete, within a reasonable time, a continuous

program of construction or modification.

fbt(M) "Director" means the director ofthe Ohio environmental protection agency.

tM1ilil "Effective date of these rules" means February 15, 1972, notwithstanding any

amendment, rescission or renumbering of any ofthese rules.

(N1{Q} "Emission" means the act of releasing or discharging an air pollutant into the

ambient air from any source.

fGtill "Existing source" means any source the construction of which was commenced

prior to February 15, 1972.

~(Ql "Facility" means any building, structure, installation, operation, or combination

thereof which contains one or more stationary source(s) of air contaminants.

~(R) "Modification" means any physical change in, or change in the method of

operation of, an existing source or a new source that increases the amount of any air

pollutant emitted by such source or which results in the emission of any air

pollutant not previously emitted from the same location.

"New source" means any source the construction or modification of which is

commenced on or after February 15, 1972.

t81ill "Non-methane hydrocarbon" means any chemical compound containing carbon

but excluding: carbon monoxide, carbon dioxide, carbides, metallic carbonates,

ammonium carbonate, and methane.

fB(U) "Owner or operator" means any person who owns, leases, controls, operates or

supervises a facility, an emission source, or air pollution control 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 of
3745-15-01 3

health, education and welfare, or by the administrator, United States environmental

protection agency, or by 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 operation preceding emission which operation:

(1) Results in the separation ofthe air contaminant from the process materials or in

the conversion ofthe process materials into air contaminants, as in the case of

combustion fuel; and

(2) Is not an air pollution 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 (seven hundred sixty millimeters mercury).

(BB) Incorporation by reference. This chapter includes references to certain matter or

materials. The text of the incorporated materials is not included in the regulations

contained in this chapter. The materials are hereby made a part 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 of existing (unmodified)

Code of Federal Regulation compilations. any amendment or revision to a

referenced document is not incorporated unless and until this rule as been amended

to specify the new dates.

(1) Availability. The materials incorporated by reference are available as follows:

(a) American Society of Mechanical Engineers (ASME). Information and

copies of ASTM 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. West
3745-15-01 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 of Ohio."

(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 of Documents. 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) Incorporated materials.

(a) 40 CFR Part 302: "Designation. reportable quantities. and notification:" as

published in the July 1.2006 Code of Federal Regulations.

(b) 40 CFR Part 355: "Emergency Planning and Notification:" as published in

the July 1. 2006 Code of Federal Regulations.

(c) 42 USC 7401 to 7671q: "The Public Health and Welfare-Air Pollution

Prevention and Control:" published January 19. 2004 in Supplement III

of the 2000 Edition of the 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 Supplement III ofthe 2000 Edition ofthe United States Code.
3745-15-01

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

01/12/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective 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 of the Administrative

Code titled "Incorporation by reference. "]

(A) For purposes ofthis rule, the following definitions apply:

(1) "Actual emissions" means the amount of emissions 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, but does not include water by itself.

(3) "Air contaminant source" or "source" means each separate operation or activity

that results or may result in the emission of any air contaminant.

(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 of the source or to its normal operation. Equipment is vital if

the source could not produce its normal product or operate without it.

(5) "Hazardous air pollutant" means any pollutant listed pursuant to seetionSection

112(b) ofthe federal Clean Air A:etCAA.

(6) "Potential to emit" or "potential emissions" shall mean the amount of emissions

of an air contaminant which would be emitted from a source during a

twenty-four hour calendar day or calendar year basis, whichever is applicable,

ifthat source were operated without the use of air pollution 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 of the source. Potential emissions shall be

based on maximum rated capacity.

(7) "Similar sources" are:

(a) Sources for which construction and operation are essentially the same,

although, the capacity of each source is not necessarily the same;

(b) Sources in which the physical or chemical process occurring in each

[sfrlcshcet: rule.xs12.J..I. authoring tool: i4i 2.0.lliJay 21, ](){}3. (d)": J(), F ;:7193. pa: fJ4-43;'( ra: 1746 71. d: J833n()J] print date: OJi06;2009 023.+ r,M
3745-15-05

source is essentially the same; and

(c) Sources from which essentially the same air pollutants are emitted.

2

(B) Except as provided in paragraphs (C), (D) and (H) of this rule and division (B) of

section 3704.011 of the 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, lead or any other air contaminant.

(C) The exemption contained in paragraph (B) of this 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 of an air pollutant from the source to

less than ten pounds per day or restricts the operation of the source in a

manner equivalent to an emission limit ofless than ten pounds per day;

(2) The source is subject to an emission limit adopted by the director to 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 of the source in a manner equivalent to an emission limit of less

than ten pounds per day;

(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 emit for such source or sources; or

(5) The source emits more than one ton per year of any hazardous air pollutants or

combination of hazardous air pollutants.

(D) The exemption provided in division (A) of section 3704.011 of the Revised Code

does not apply to an air contaminant source having potential emissions greater than

ten pounds per day (or one ton per year of one or more hazardous air pollutants) of

any air contaminant unless the owner or operator of the source maintains records

that are adequate to demonstrate that actual emissions from the source did not
3745-15-05 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 of the Revised Code during its operations, the owner or operator of the

source shall maintain records that show that emissions of any air contaminant from

the source did not exceed ten pounds per day on each day the source emitted air

contaminants, and that the source in anyone year did not emit more than one ton of

hazardous air pollutants 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 at the same facility, did not result in potential emissions of any

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. if applicable. 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 of how the emissions from the source were determined

and maintained at or below the daily exemption level, and, for emissions of

hazardous air pollutants, at or below the annual exemption level;

(2) A description of the air pollution control equipment used on the source and a

statement that the source is not capable of operating without that pollution

control equipment functioning;

(3) If air pollution control equipment is used, a copy of any report of the results of

any emission test that was conducted following Ohio EPA approved methods,

if applicable, or any other emission 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 of all similar sources at the same facility and a statement for each such

source of the annual potential emissions. Compliance with paragraph (C)(4)

ofthis rule shall be demonstrated; and
3745-15-05 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) of this rule, and a written certification l:H'lder oath by the

owner or operator that the applicable exemption levels were complied with.

(F) Records developed under paragraph (E) ofthis rule shall be maintained by the owner

of the source at a location at the facility for a period of two years following the

recording ofthe information, and shall be provided to the director upon his request

or upon the request of his authorized representative.

(G) The owner or operator of such an exempt source not subject to paragraph (E) of this

rule, upon the request of the 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 in this rule shall be construed to 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 or federal regulations.

(I) If a source exempt under this rule should at any time exceed the exempt emission

levels provided in paragraphs (B) and (D) ofthis rule, the owner or operator 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 of such source

shall submit an application for a permit to install ifrequired by Chapter 3745-31 of

the Administrative Code and an application for a permit to operate pursuant to

Chapter 3745-35 or Chapter 3745-77 ofthe Administrative Code. as applicable.
3745-15-05

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

01/12/2009

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective 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 of Amended

Rules 3745-15-01,

3745-15-02, 3745-15-04,

3745-15-05, 3745-15-08, and

3745-15-09 of the Ohio

Administrative Code

Director's Final Findings and

Orders

I ce~ify this to be a true and accurate copy of the

official documents as filed in the records of the Ohio

Environmental Protection Agency.

FINDINGS AND ORD~~:.ce?--·-'-~'Date:i - iZ·~q (

._.C

The Director of Environmental Protection, having considered in compliance with the

Administrative Procedure Act the adoption, in final form, of the 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 that all interested persons were afforded the opportunity to be

heard; and

2. That upon due consideration, the adoption, in final form of the 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 of the 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

ORDERED that copies of these Findings and Orders and certified copies of said 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 of the 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 after notice ofthe Director's action. The appeal must be

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce

if by affidavit you demonstrate that payment of the full amount of the fee would cause

extreme hardship. Notice of the filing of the appeal shall be filed with the Director within

three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal

be served upon the Ohio Attorney General'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-r y

i

2

,2-,001 .
I DATE: 01112/09 1:07 PM

State of Ohio

Environmental Protection Agency

Notice of Adoption of Rules

Notice is hereby given that the Director of Environmental Protection, under the 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 review as required in ORC 119.032

This action does not inClude the "Malfunction Rule" (3745-15-06) which was originally a part of this

package. After reviewing interested party comments, it was determined that OAC 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 of ORC 119.032. Ohio EPA may still consider changes to this

rule, however it will be at a future date in a separate rulemaking.

Pursuant to Section 121.39 of the Ohio Revised Code, DAPC is required to consult with interested

parties affected by the rules before the division formal adopts them. On June 26, 2006, these rules

went out for a 30 day review by interested parties. Pursuant to Section 119.03 of the 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 order of adoption was issued on January 12, 2009. The effective date ofthese rules

is January 22, 2009.

To request a copy of these rules, obtain further information, or inspect or request copies of agency

files and records pertaining to the proceeding contact Jennifer Hunter, Ohio EPA, Division of Air

Pollution Control, Lazarus Government Center, 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 Sectiorl3745.04 of the Ohio Revised Code. The appeal must be

irl writing and set forth the actiorl complairled of arld the grounds upon which the appeal is based.

The appeal must be filed with ERAC withirl thirty (30) days after rlotice of the Director's action, at

309 South Fourth Street, SUite 222, Columbus, Ohio 43215. Copies of the appeal must be served

upon the Director of the Ohio EPA within three (3) days of filing 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 payment of the full amount of the fee would cause extreme hardship.

Ohio EPA also requests that a copy of the appeal be served upon the Environmental Enforcement

Section of the Ohio Attorney General's Office.