Article IV

Evidence Ohio EPA Followed

Rule Adoption Procedures
Request for Approval of SIP Submittal - Article IV

Evidence Ohio EPA Followed Rule Adoption Procedures

Ohio Revised Code ("ORC") 119.03, "Procedures for adoption, amendment, or rescission ofrules,"

outlines the requirements Ohio EPA must follow during the rule-making process (Attachment A).

Ohio EPA fully complied with the requirements ofthis law and has provided evidence on the major

requirements below:

1. ORC 119.03(A): Reasonable public notice shall be given in the register of Ohio at least 30

days prior to the date set for a hearing.

Ohio's electronic rule filing system automatically posts public notices in the Ohio Register

when rules are proposed. As can be viewed by the Public Hearing notice (Attachment F), the

Public Hearing notice was placed in the Ohio Register on August 27, 2007. Ohio EPA held a

public hearing on October 3,2007. This hearing was held 37 days after the notice was placed

in the register. The ORC 119.03 requirements for public notice contents were met as

evidenced by comparing the public notice and ORC 119.03 (A)(1)-(4). In addition to the

Register of Ohio, Ohio EPA also placed an advertisement in the major newspapers

throughout the state (Attachment C).

2. ORC 119.03(B): The required materials must be filed with the secretary of state and the

dire~tor of the legislative service commission ("LSC").

Ohio's electronic filing system automatically generates a letter when all the required elements

have been uploaded on the system and the package is proposed. This letter is included

(Attachment D).

Ohio EPA also complied with all requirements for incorporated materials, as evidenced by

the "Incorporation by Reference" section at the beginning ofthis chapter, which can be found

in Ohio Administrative Code ("OAC") rule 3745-21-01 (AA), and the answers to questions

eight and nine of each of the Rule Summary and Fiscal Analysis (RSFA) documents. The

rule's RSFA is included (Attachment E).

3. ORC 119.03(C): Conduct public hearing as advertised.

Ohio EPA conducted the public hearings as identified in the Public Hearing notice. We have

provided a copy of the hearing's transcript as evidence in Article Five.

4. ORC 119.03(D): After the period oftime when legislative review and invalidation may occur

expires, the agency may issue an order adopting the rules.

The Joint Committee on Agency Rule Review (JCARR) oversees agency rule making in

Ohio. A hearing was held with JCARR on January 28, 2008, where these rules were placed

on the consent agenda as item 28 (Attachment G). On question was posed at the JCARR

hearing, and was answered to the questioner's satisfaction. JCARR jurisdiction expired on

February 7, 2008, as evidenced by the JCARR consent agenda.
Request for Approval of SIP Submittal - Article IV

Ohio EPA issued the order to adopt the rules on February 8, 2008, as evidenced by the

Director's Findings & Orders and the Public Notice (both contained in Article 2). The

Secretary of the State and Director of the LSC once again received a letter of notice

(Attachment H).

5. ORC 119.03(E): Provide notice to public prior to effective date of rules.

Ohio EPA provided an update ofthe adoption ofthe rules through the Ohio EPA website and

through an e-mail notice to all interested parties on February 8, 2008, (Attachment I).

ORC 121.39, "Provisions applicable to proposed legislation or administrative rules concerning

environmental protection," imposes further requirements for interested party review specific to

environmental rule adoption (AttachmentB). Ohio EPA fully complied with the requirements ofthis

law and has provided evidence on the major requirements below:

1. ORC 121.39(B): Legislation dealing with the environment must be accompanied by a

statement identifying if it is necessary to comply with a federal requirement. It must also

include information on the estimated cost of compliance.

The RSFA and Environmental Rule Adoption!Amendment Form ("ERAF") documents are

automatically generated questions that are part of the State's electronic rule filing system

(Attachment E). The questions are intended to address the items in ORC 121.39. As

evidenced in Question 6 of the RSFA documents and item (C) of the ERAF for each rule,

Ohio EPA stated the adoption of these rules, or a version as stringent as, is required by U.S.

EPA. The RSFA documents also contain a section entitled "Fiscal Analysis" which addresses

potential costs. Our responses met the requirements of this law as evidenced in the consent

by JCARR who reviews these documents.

2. ORC 121.39(D): Prior to adopting any environmental rule, the agency must consult with

interested parties, consider all documentation relevant to the need for the rule making,

identify any need to adopt in order to maintain approval to administer a federal

environmental law, and it must include an RSFA.

This rule has been sent out to interested parties multiple times, the most recent being on

August 27,2008. Ohio EPA notified interested parties via e-mail (AttachmentJ) ofthe draft

rule language, including a synopsis of the changes. We provided a 37-day comment period

(closing October 3,2007). The interested parties list included Ohio EPA, DAPC's general

rule making list and some rule specific parties who receive information only regarding the

rules in this submittal (Attachment K).

As evidenced in item (C) ofthe ERAF for each rule, Ohio EPA stated the adoption of these

rules is required in order to maintain approval to administer a federal environmental law.
Request for Approval of SIP Submittal - Article IV

As evidenced in item (A) ofthe ERAF for each rule, Ohio EPA identified that it considered

all documentation relevant to the need for the rule making and identified those documents in

list form.
Article IV

Attachment A

ORC 119.03
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofrules. Page 1 of7

119.03 Procedure for adoption, amendment, or rescission

of rules.

In the adoption, amendment, or rescission of any rule, an agency shall comply with the following

procedure:

(A) Reasonable public notice shall be given in the register of Ohio at least thirty days prior to the date

set for a hearing, in the form the agency determines. The agency shall file copies of the public notice

under division (6) of this section. (The agency gives public notice in the register of Ohio when the

public notice is published in the register under that division.)

The public notice shall include:

(1) A statement of the agency's intention to consider adopting, amending, or rescinding a rule;

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the

subject matter to which the proposed rule, amendment, or rescission relates;

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule;

(4) The date, time, and place of a hearing on the proposed action, which shall be not earlier than the

thirty-first nor later than the fortieth day after the proposed rule, amendment, or rescission is filed

under division (6) of this section.

In addition to public notice given in the register of Ohio, the agency may give whatever other notice it

reasonably considers necessary to ensure notice constructively is given to all persons who are subject

to or affected by the proposed rule, amendment, or rescission.

The agency shall provide a copy of the public notice required under division (A) of this section to any

person who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing.

(6) The full text of the proposed rule, amendment, or rule to be rescinded, accompanied by the public

notice reqUired under division (A) of this section, shall be filed in electronic form with the secretary of

state and with the director of the legislative service commission. (If in compliance with this division an

agency files more than one proposed rule, amendment, or rescission at the same time, and has

prepared a public notice under division (A) of this section that applies to more than one of the

proposed rules, amendments, or rescissions, the agency shall file only one notice with the secretary of

state and with the director for all of the proposed rules, amendments, or rescissions to which the

notice applies.) The proposed rule, amendment, or rescission and public notice shall be filed as

required by this division at least sixty-five days prior to the date on which the agency, in accordance

with division (D) of this section, issues an order adopting the proposed rule, amendment, or rescission.

If the proposed rule, amendment, or rescission incorporates a text or other material by reference, the

agency shall comply with sections 121.71 to 121.76 of the Revised Code.

The proposed rule, amendment, or rescission shall be available for at least thirty days prior to the date

http://codes.ohio.gov/orc/119.03 3/17/2008
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofrules. Page 2 of?

of the hearing at the office of the agency in printed or other legible form without charge to any person

affected by the proposal. Failure to furnish such text to any person requesting it shall not invalidate

any action of the agency in connection therewith.

If the agency files a substantive revision in the text of the proposed rule, amendment, or rescission

under division (H) of this section, it shall also promptly file the full text of the proposed rule,

amendment, or rescission in its revised form in electronic form with the secretary of state and with the

director of the legislative service commission.

The agency shall file the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of

the Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission or

proposed rule, amendment, or rescission in revised form that is filed with the secretary of state or the

director of the legislative service commission.

The director of the legislative service commission shall publish in the register of Ohio the full text of

the original and each revised version of a proposed rule, amendment, or rescission; the full text of a

public notice; and the full text of a rule summary and fiscal analysis that is filed with the director under

this division.

(C) On the date and at the time and place designated in the notice, the agency shall conduct a public

hearing at which any person affected by the proposed action of the agency may appear and be heard

in person, by the person's attorney, or both, may present the person's position, arguments, or

contentions, orally or in writing, offer and examine Witnesses, and present evidence tending to show

that the proposed rule, amendment, or rescission, if adopted or effectuated, will be unreasonable or

unlawful. An agency may permit persons affected by the proposed rule, amendment, or rescission to

present their positions, arguments, or contentions in writing, not only at the hearing, but also for a

reasonable period before, after, or both before and after the hearing. A person who presents a position

or arguments or contentions in writing before or after the hearing is not required to appear at the

hearing.

At the hearing, the testimony shall be recorded. Such record shall be made at the expense of the

agency. The agency is required to transcribe a record that is not sight readable only if a person

requests transcription of all or part of the record and agrees to reimburse the agency for the costs of

the transcription. An agency may require the person to pay in advance all or part of the cost of the

transcription.

In any hearing under this section the agency may administer oaths or affirmations.

(D) After complying with divisions (A), (B), (C), and (H) of this section, and when the time for

legislative review and invalidation under division (I) of this section has expired, the agency may issue

an order adopting the proposed rule or the proposed amendment or rescission of the rule, consistent

with the synopsis or general statement included in the public notice. At that time the agency shall

designate the effective date of the rule, amendment, or rescission, which shall not be earlier than the

tenth day after the rule, amendment, or rescission has been filed in its final form as proVided in section

119.04 of the Revised Code.

(E) Prior to the effective date of a rule, amendment, or rescission, the agency shall make a reasonable

htto://codes.ohio.gov/orc/119.03 3/17/2008
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmIes. Page 3 of7

effort to inform those affected by the rule, amendment, or reSCISSion and to have available for

distribution to those requesting it the full text of the rule as adopted or as amended.

(F) If the governor, upon the request of an agency, determines that an emergency requires the

immediate adoption, amendment, or rescission of a rule, the governor shall issue an order, the text of

which shall be filed in electronic form with the agency, the secretary of state, the director of the

legislative service commission, and the joint committee on agency rule review, that the procedure

prescribed by this section with respect to the adoption, amendment, or rescission of a specified rule is

suspended. The agency may then adopt immediately the emergency rule, amendment, or rescission

and it becomes effective on the date the rule, amendment, or rescission, in final form and in

compliance with division (A)(2) of section 119.04 of the Revised Code, are filed in electronic form with

the secretary of state, the director of the legislative service commission, and the joint committee on

agency rule review. If all filings are not completed on the same day, the emergency rule, amendment,

or rescission shall be effective on the day on which the latest filing is completed. The director shall

publish the full text of the emergency rule, amendment, or rescission in the register of Ohio.

The emergency rule, amendment, or resdssion shall become invalid at the end of the ninetieth day it is

in effect. Prior to that date the agency may adopt the emergency rule, amendment, or rescission as a

nonemergency rule, amendment, or rescission by complying with the procedure prescribed by this

section for the adoption, amendment, and rescission of nonemergency rules. The agency shall not use

the procedure of this division to readopt the emergency rule, amendment, or rescission so that, upon

the emergency rule, amendment, or rescission becoming invalid under this division, the emergency

rule, amendment, or rescission will continue in effect without interruption for another ninety-day

period, except when division (I)(2)(a) of this section prevents the agency from adopting the

emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission within

the ninety-day period.

This division does not apply to the adoption of any emergency rule, amendment, or rescission by the

tax commissioner under division (C)(2) of section 5117.02 of the Revised Code.

(G) Rules adopted by an authority within the department of job and family services for the

administration or enforcement of Chapter 4141. of the Revised Code or of the department of taxation

shall be effective without a hearing as provided by this section if the statutes pertaining to such agency

specifi<::ally give a right of appeal to the board of tax appeals or to a higher authority within the agency

or to a court, and also give the appellant a right to a hearing on such appeal. This division does not

apply to the adoption of any rule, amendment, or rescission by the tax commissioner under division

(C)(l) or (2) of section 5117.02 of the Revised Code, or deny the right to file an action for declaratory

judgment as provided in Chapter 2721. of the Revised Code from the decision of the board of tax

appeals or of the higher authority within such agency.

(H) When any agency files a proposed rule, amendment, or rescIssion under division (6) of this

section, it shall also file In electronic form with the joint committee on agency rule review the full text

of the proposed rule, amendment, or rule to be rescinded in the same form and the public notice

required under division (A) of this section. (If in compliance with this division an agency files more

than one proposed rule, amendment, or rescission at the same time, and has given a public notice

under division (A) of this section that applies to more than one of the proposed rules, amendments, or

rescissions, the agency shall file only one notice with the joint committee for all of the proposed rules,

htto://codes.ohio.lwv/orc/119.03 3/17/200~
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmIes. Page 40f7

amendments, or rescissions to which the notice applies.) If the agency makes a substantive revision in

a proposed rule, amendment, or rescission after it is filed with the joint committee, the agency shall

promptly file the full text of the proposed rule, amendment, or rescission in its revised form in

electronic form with the joint committee. The latest version of a proposed rule, amendment, or

rescission as filed with the joint committee supersedes each earlier version of the text of the same

proposed rule, amendment, or rescission. An agency shall file the rule summary and fiscal analysis

prepared under section 121.24 or 127.18 of the Revised Code, or both, in electronic form along with a

proposed rule, amendment, or rescission, and along with a proposed rule, amendment, or rescission in

revised form, that is filed under this division.

This division does not apply to:

(1) An emergency rule, amendment, or rescission;

(2) Any proposed rule, amendment, or rescission that must be adopted verbatim by an agency

pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue

the operation of a federally reimbursed program in this state, so long as the proposed rule contains

both of the following:

(a) A statement that it Is proposed for the purpose of complying with a federal law or rule;

(b) A citation to the federal law or rule that requires verbatim compliance.

If a rule or amendment is exempt from legislative review under division (H)(2) of this section, and if

the federal law or rule pursuant to which the rule or amendment was adopted expires, is repealed or

rescinded, or otherwise terminates, the rule or amendment, or its rescission, is thereafter subject to

legislative review under division (H) of this section.

(1)(1) The joint committee on agency rule review may recommend the adoption of a concurrent

resolution invalidating a proposed rule, amendment, rescission, or part thereof if it finds any of the

following:

(a) That the rule-making agency has exceeded the scope of its statutory authority in proposing the

rule, amendment, or rescission;

(b) That the proposed rule, amendment, or reSCISSion conflicts with another rule, amendment, or

rescission adopted by the same or a different rule-making agency;

(c) That the proposed rule, amendment, or rescission conflicts with the legislative intent in enacting

the statute under which the rule-making agency proposed the rule, amendment, or rescission;

(d) That the rule-making agency has failed to prepare a complete and accurate rule summary and

fiscal analysis of the proposed rule, amendment, or rescission as required by section 121.24 or 127.18

of the Revised Code, or both, or that the proposed rule, amendment, or rescission incorporates a text

or other material by reference and either the rule-making agency has failed to file the text or other

material incorporated by reference as required by section 121.73 of the Revised Code or, in the case of

a proposed rule or amendment, the incorporation by reference fails to meet the standards stated in

http://codes.ohio.gov/orc/119.03 3/17/2008
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofrules.

section 121.72, 121.75, or 121.76 of the Revised Code.

Page 5 of7

The joint committee shall not hold its public hearing on a proposed rule, amendment, or rescission

earlier than the forty-first day after the original version of the proposed rule, amendment, or rescission

was filed with the joint committee.

The house of representatives and senate may adopt a concurrent resolution invalidating a proposed

rule, amendment, rescission, or part thereof. The concurrent resolution shall state which of the specific

rules, -amendments, rescissions, or parts thereof are invalidated. A concurrent resolution invalidating a

proposed rule, amendment, or rescission shall be adopted not later than the sixty-fifth day after the

original version of the text of the proposed rule, amendment, or rescission is filed with the joint

committee, except that if more than thirty-five days after the original version is filed the rule-making

agency either files a revised version of the text of the proposed rule, amendment, or rescission, or

revises the rule summary and fiscal analysis in accordance with division (1)(4) of this section, a

concurrent resolution invalidating the proposed rule, amendment, or resciss.ion shall be adopted not

later than the thirtieth day after the revised version of the proposed rule or rule summary and fiscal

analysis is filed. If, after the joint committee on agency rule review recommends the adoption of a

concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof, the house

of representatives or senate does not, within the time remaining for adoption of the concurrent

resolution, hold five floor sessions at which its journal records a roll call vote disclosing a sufficient

number of members in attendance to pass a bill, the time within which that house may adopt the

concurrent resolution is extended until it has held five such floor sessions.

Within five days after the adoption of a concurrent resolution invalidating a proposed rule, amendment,

rescission, or part thereof, the clerk of the senate shall send the rule-making agency, the secretary of

state, and the director of the legislative service commission in electronic form a certified text of the

resolution together with a certification stating the date on which the resolution takes effect. The

secretary of state and the director of the legislative service commission shall each note the invalidity of

the proposed rule, amendment, rescission, or part thereof, and shall each remove the invalid proposed

rule, amendment, rescission, or part thereof from the file of proposed rules. The rule-making agency

shall not proceed to adopt in accordance with division (D) of this section, or to file in accordance with

division (B)(l) of section 111.15 of the Revised Code, any version of a proposed rule, amendment,

rescission, or part thereof that has been invalidated by concurrent resolution.

Unless the house of representatives and senate adopt a concurrent resolution invalidating a proposed

rule, amendment, rescission, or part thereof within the time specified by this division, the rule-making'

agency may proceed to adopt in accordance with division (D) of this section, or to file in accordance

with division (B)(l) of section 111.15 of the Revised Code, the latest version of the proposed rule,

amendment, or rescission as filed with the joint committee. If by concurrent resolution certain of the

rules, amendments, rescissions, or parts thereof are specifically invalidated, the rule-making agency

may proceed to adopt, in accordance with division (D) of this section, or to file in accordance with

division (B)(l) of section 111.15 of the Revised Code, the latest version of the proposed rules,

amendments, rescissions, or parts thereof as filed with the joint committee that are not specifically

invalidated. The rule-making agency may not revise or amend any proposed rule, amendment,

rescission, or part thereof that has not been invalidated except as prOVided in this chapter or in section

111.15 of the Revised Code.

htto://codes.ohio.l!ov/orc/119.03 3/17/2008
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofrules. Page 6 of7

(2)(a) A proposed rule, amendment, or rescission that is filed with the joint committee under division

(H) of this section or division (D) of section 111.15 of the Revised Code shall be carried over for

legislative review to the next succeeding regular session of the general assembly if the original or any

revised version of the proposed rule, amendment, or rescission is filed with the joint committee on or

after the first day of December of any year.

(b) The latest version of any proposed rule, amendment, or rescission that is subject to division (1)(2)

(a) of this section, as filed with the joint committee, is subject to legislative review and invalidation in

the next succeeding regular session of the general assembly in the same manner as if it were the

original version of a proposed rule, amendment, or rescission that had been filed with the joint

committee for the first time on the first day of the session. A rule-making agency shall not adopt in

accordance with division (D) of this section, or file in accordance with division (B)(l) of section 111.15

of the Revised Code, any version of a proposed rule, amendment, or rescission that is subject to

division (1)(2)(a) of this section until the time for legislative review and invalidation, as contemplated

by division (1)(2)(b) of this section, has expired.

(3) Invalidation of any version of a proposed rule, amendment, reSCISSion, or part thereof by

concurrent resolution shall prevent the rule-making agency from instituting or continuing proceedings

to adopt any version of the same proposed rule, amendment, rescission, or part thereof for the

duration of the general assembly that invalidated the proposed rule, amendment, rescission, or part

thereof unless the same general assembly adopts a concurrent resolution permitting the rule-making

agency to Institute or continue such proceedings.

The failure of the general assembly to invalidate a proposed rule, amendment, reSCIssion, or part

thereof under this section shall not be construed as a ratification of the lawfulness or reasonableness of

the proposed rule, amendment, rescission, or any part thereof or of the validity of the procedure by

which the proposed rule, amendment, rescission, or any part thereof was proposed or adopted.

(4) In lieu of recommending a concurrent resolution to invalidate a proposed rule, amendment,

rescission, or part thereof because the rule-making agency has failed to prepare a complete and

accurate fiscal analysis, the joint committee on agency rule review may issue, on a one-time basis, for

rules, amendments, rescissions, or parts thereof that have a fiscal effect on school districts, counties,

townships, or municipal corporations, a finding that the rule summary and fiscal analysis is incomplete

or inaccurate and order the rule-making agency to revise the rule summary and fiscal analysis and

refile it with the proposed rule, amendment, rescission, or part thereof. If an emergency rule is filed as

a nonemergency rule before the end of the ninetieth day of the emergency rule's effectiveness, and

the joint committee issues a finding and orders the rule-making agency to refile under division (1)(4)

of this section, the governor may also issue an order stating that the emergency rule shall remain in

effect for an additional sixty days after the ninetieth day of the emergency rule's effectiveness. The

governor's orders shall be filed in accordance with division (F) of this section. The joint committee shall

send in electronic form to the rule-making agency, the secretary of state, and the director of the

legislative service commission a certified text of the finding and order to revise the rule summary and

fiscal analysis, which shall take immediate effect.

An order issued under division (1)(4) of this section shall prevent the rule-making agency from

instituting or continuing proceedings to adopt any version of the proposed rule, amendment,

rescission, or part thereof until the rule-making agency revises the rule summary and fiscal analysis

httn://codes.ohio.~ov/orc/119.03 ~/17/?OO~
Lawriter - ORC - 119.03 Procedure for adoption, amendment, or rescission ofmles. Page 70f7

and refiles it in electronic form with the joint committee along with the proposed rule, amendment,

rescission, or part thereof. If the joint committee finds the rule summary and fiscal analysis to be

complete and accurate, the joint committee shall issue a new order noting that the rule-making agency

has revised and refiled a complete and accurate rule summary and fiscal analysis. The joint committee

shall send in electronic form to the rule-making agency, the secretary of state, and the director of the

legislative service commission a certified text of this new order. The secretary of state and the director

of the legislative service commission shall each link this order to the proposed rule, amendment,

rescission, or part thereof. The rule-making agency may then proceed to adopt in accordance with

division (D) of this section, or to file in accordance with division (6)(1) of section 111.15 of the Revised

Code, the proposed rule, amendment, rescission, or part thereof that was subject to the finding and

order under division (1)(4) of this section. If the joint committee determines that the revised rule

summary and fiscal analysis is still inaccurate or incomplete, the joint committee shall recommend the

adoption of a concurrent resolution in accordance with division (1)(1) of this section.

Effective Date: 09-17-2002

http://codes.ohio.gov/orc/119.03 3/17/2008
Article IV

Attachment B

GR-C 121.39
Lawriter - ORC - 121.39 Identifying documentation that is basis for legislation dealing wi... Page 1 of3

121.39 Identifying documentation that is basis for

legislation dealing with environmental protection.

(A) As used in this section, "environmental protection" means any of the follOWing:

(1) Protection of human health or safety, biological resources, or natural resources by preventing,

reducing, or remediating the pollution or degradation of air, land, or water resources or by preventing

or limiting the exposure of humans, animals, or plants to pollution;

(2) Appropriation or regulation of privately owned property to preserve air, land, or water resources in

a natural state or to wholly or partially restore them to a natural state;

(3) Regulation of the collection, management, treatment, reduction, storage, or disposal of solid,

hazardous, radioactive, or other wastes;

(4) Plans or programs to promote or regulate the conservation, recycling, or reuse of energy,

materials, or wastes.

(6) Except as otherwise prOVided in division (E) of this section, when proposed legislation dealing with

environmental protection or c~ntaining a component dealing with environmental protection is referred

to a committee of the general assembly, other than a committee on rules or reference, the sponsor of

the legislation, at the time of the first hearing of the legislation before the committee, shall submit to

the members of the committee a written statement identifying either the documentation that is the

basis of the legislation or the federal requirement or requirements with which the legislation is

intended to comply. If the legislation is not based on documentation or has not been introduced to

comply with a federal requirement or requirements, the written statement from the sponsor shall so

indicate.

Also at the time of the first hearing of the legislation before the committee, a statewide organization

that represents businesses in this state and that elects its board of directors may submit to the

members of the committee a written estimate of the costs to the regulated community in this state of

complying with the legislation if it is enacted.

At any hearing of the legislation before the committee, a representative of any state agency,

environmental advocacy organization, or consumer advocacy organization or any private citizen may

present documentation containing an estimate of the monetary and other costs to public health and

safety and the environment and to consumers and residential utility customers, and the effects on

property values, if the legislation is not enacted.

(C) Until such time as the statement required under division (6) of this section is submitted to the

committee to which proposed legislation dealing with environmental protection or containing a

component dealing with environmental protection was referred, the legislation shall not be reported by

that committee. This requirement does not apply if the component dealing with environmental

protection is removed from the legislation or if two-thirds of the members of the committee vote in

favor of a motion to report the proposed legislation.

http://codes.ohio.gov/orc/121.39 3/17/2008
Lawriter - ORC - 121.39 Identifying documentation that is basis for legislation dealing wi... Page 2 of3

(D) Except as otherwise provided in division (E) of this section, prior to adopting a rule or an

amendment proposed to a rule dealing with environmental protection or containing a component

dealing with environmental protection, a state agency shall do all of the following:

(1) Consult with organizations that represent political subdivisions, environmental interests, business

interests, and other persons affected by the proposed rule or amendment;

(2) Consider documentation relevant to the need for, the environmental benefits or consequences of,

other benefits of, and the technological feasibility of the proposed rule or amendment;

(3) Specifically identify whether the proposed rule or amendment is being adopted or amended to

enable the state to obtain or maintain approval to administer and enforce a federal environmental law

or to participate in a federal environmental program, whether the proposed rule or amendment is more

stringent than its federal counterpart, and, if the proposed rule or amendment is more stringent, the

rationale for not incorporating its federal counterpart;

(4) Include with the proposed rule or amendment and the rule summary and fiscal analysis required

under sections 121.24 and 127.18 of the Revised Code, when they are filed with the joint committee

on agency rule review in accordance with division (D) of section 111.15 or division (H) of section

119.03 of the Revised Code, one of the following in electronic form, as applicable:

(a) The information identified under division (0)(3) of this section and, if the proposed rule or

amendment is more stringent than its federal counterpart, as identified in that division, the

documentation considered under division (0)(2) of this section;

(b) If an amendment proposed to a rule is being adopted or amended under a state statute that

establishes standards with which the amendment shall comply, and the proposed amendment is more

stringent than the rule that it is proposing to amend, the documentation considered under division (D)

(2) of this section;

(c) If division (D)(4)(a) or (b) of this section is not applicable, the documentation considered under

division (0)(2) of this section.

If the agency subsequently files a revision of such a proposed rule or amendment in accordance with

division (D) of section 111.15 or division (H) of section 119.03 of the Revised Code, the revision shall

be accompanied in electronic form by the applicable information or documentation.

Division (D) of this section does not apply to any emergency rule adopted under division (6)(2) of

section 111.15 or division (F) of section 119.03 of the Revised Code, but does apply to any such rule

that subsequently is adopted as a nonemergency rule under either of those divisions.

The information or documentation submitted under division (0)(4) of this section may be in the form

of a summary or index of available knowledge or information and shall consist of or be based upon the

best available generally accepted knowledge or information in the appropriate fields, as determined by

the agency that prepared the documentation.

(E) The statement required under division (6) and the information or documentation required under

httn://codes.ohio.Q"ov/oTc/121.39 ~/17/?OO~
Lawriter - ORC - 121.39 Identifying documentation that is basis for legislation dealing wi... Page 3 of3

division (D) of this section need not be prepared or submitted with regard to a proposed statute or

rule, or an amendment to a rule, if the statute, rule, or amendment is procedural or budgetary in

nature, or governs the organization or operation of a state agency, and will not affect the substantive

rights or obligations of any person other than a state agency or an employee or contractor of a state

agency.

(F) The insufficiency, incompleteness, or inadequacy of a statement, information, documentation, or a

summary of information or documentation provided in accordance with division (6) or (D) of this

section shall not be grounds for invalidation of any statute, rule, or amendment to a rule.

(G) This section applies only to the following:

(1) Legislation and components of legislation dealing with environmental protection that are introduced

in the general assembly after March 5, 1996;

(2) Rules and rule amendments dealing with environmental protection that are filed with the joint

committee on agency rule review in accordance with division (D) of section 111.15 or division (H) of

section 119.03 of the Revised Code after March 5, 1996.

Effective Date: 04-01-2002

http://codes.ohio.gov/orc/121.39 3/17/2008
Article IV

Attachment C

Newspaper Notices
Article IV

Attachment D

Letter to Secretary of State

and Director of LSC
flectronic Rule Jilin,

The Honorable Jennifer Brunner

Secretary of State

180 E. Broad St., 15th Floor

Columbus,OH 43215

James W. Burley, Director

Leglsillt/ve service Commission

n South High St., 9th Floor

Columbus,OH 43215

WIlliam L. Hills, Executive Director

Joint Committee on Agency Rule Review

n South High St., Concouree Level

Columbus,OH 43215

The Honorable Lee Fisher, Director

Department of Development

n South High St., 27th Floor

Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency original filed the following rule(s) pursuant to section 119.03 of

the Ohio Revised Code.

Package Number:

File Date and Time:

Confirmation Number:

ORIGINAL FILE

30057

08/27/2007 08:14 AM

b9fa638ec1b773d5567c307c46818

Rule Number FYR? JE Date

3745-21-07

3745-21-07

Type

Rescission Y

New N

10/31/2007

10/31/2007

Eft Date Next FYR Tagline

Control of emissions of organic materials from stationary sources.

Control of emissions of organic materials from stationary sources

(Le., emissions that are not regulated by rule 3745-21-09,

3745-21-12,3745-21-13,3745-21-14,3745-21-15, 3745-21-16, or

3745-21-18 of the Administrative Code).

Page 1
Article IV

Attachment E

RSFAs
ACTION: Final I DATE: 02/08/2008 8:05 AM I

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution Control IDAPCl

Division

50 West Town Street. Suite 700 PO Box 1049

Columbus OB 43216-1049

Agency Mailing Address (Plus Zip)

Todd Brown

Contact

614-644-4839

Phone

614-644-3681

Fax

3745-21-07

Rule Number

Rule TitlefTag Line

NEW

TYPE of rule filing

Control of emissions of or2anic materials from stationary

sources <i.e.. emissions that are not relmlated by rule

3745-21-09. 3745-21-12. 3745-21-13. 3745-21-14. 3745-21-15.

3745-21-16. or 3745-21-18 ofthe Administrative Code).

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the RC 119.032

review? No

2. Are you proposing this rule as a result of recent legislation? No

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 3704.03(A), 3704.03(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(E)

6. State the reason(s) for proposing (Le., why are you filing,) this rule:

Rule 3745-21-07 ofthe Administrative Code has undergone the 5-year review

process. Ohio EPA has determined that the rule is still necessary for Ohio to be able

to meet the National Ambient Air Quality Standards for ozone as required in

amendments to the Clean Air Act, but that the rule can be updated by eliminating

archaic provisions that are no longer needed. Although outdated requirements have

been removed, it is essential that sources previously required to install and operate

controls continue to employ those control measures and that sources subject to the

[slr/.sheel: 1'«a..'<s/2.116, aulhorlng 1001: EZI, p: 30057, pa: 45/36, l'a: /46618, d: J151451] print date: 03:'17/2008 02:22 PM
Page 2 Rule Number: 3745-21-07

requirements ofparagraph (G)(l) ofthe existing rule continue to maintain

compliance with those requirements. Failure to maintain the emission reductions

achieved by these sources would violate the anti-backsliding provisions ofthe

Clean Air Act and would exacerbate the existing violations ofthe NAAQS for

ozone throughout the State.

(There are many situations where existing rule 3745-21-07 ofthe Administrative

Code supplements emission reductions ofrules 3745-21-09,3745-21-12,

3745-21-13,3745-21-14,3745-21-15,3745-21-16 and 3745-21-18 ofthe

Administrative Code. These situations involve the use of add-on control technology

or pollution prevention control measures for 3745-21-07 ofthe Administrative

Code regulated sources that are not regulated under rules 3745-21-09, 3745-21-12,

3745-21-13,3745-21-14,3745-21-15,3745-21-16 and 3745-21-18 ofthe

Administrative Code. These reductions are very significant in achieving the

National Ambient Air Quality Standards for ozone.)

7. If the rule is an AMENDMENT, then summarize the changes and the content

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

then summarize the content of the rule:

Existing rule 3745-21-07 ofthe Administrative Code is difficult to interpret and

apply. In specific, the rule lacks definitions for some regulatory terms, lacks

compliance test methods, lacks clearly written exemptions, and contains an inherent

problem in determining whether or not a material is a photochemically reactive

material, all ofwhich result in ambiguities and divergent interpretations. For these

reasons, the existing language will be rescinded and replaced with new language. In

the new proposed rule 3745-21-07 ofthe Adiministrative Code, the cited problems

are eliminated.

In order to resolve cited problems, Ohio EPA is proposing to replace this rule with

facility-specific and general control requirements for sources (emissions units

currently complying with rule 3745-21-07 ofthe Administrative Code by means of

control equipment or operatioal restrictions.) This would ensure continued

operation ofsuch control equipment or operational restrictions that effictively

reduce the emission of organic compounds. These controlled or restricted sources

are not subject to control requirments under other rules that limit organic compound

emISSIons.

The rule will no longer apply to new sources after the effective date ofthe rule.

New sources that have the potential to emit more than ten tons oforganic materials

will continue to be subject to best available technology determinations made during

new source review (per chapter 3745-31 ofthe Administrative Code) for the control

oforganic material emissions. Currently, all new sources are subject to best

available technology determinations regardless of existing rule applicability, so no

additional requirements for organic material emissions will result from the
Page 3 Rule Number: 3745-21-07

proposed rule changes.

Additional information regarding the differences between the existing rule and the

proposed rule can be found in the White Paper that is attached to this rule package.

8. If the rule incorporates a text or other material by reference and the agency

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

generally available to persons who reasonably can be expected to be affected

by the rule, provide an explanation of how the text or other material is generally

available to those persons:

This rule contains references to the Ohio Administrative Code (OAC) and Ohio

Revised Code (ORC). While copies ofthese rules and statutes are generally

available to the public through libraries and on-line sources, including the Ohio

EPA website, ORC 121.76 (A) exempts such references from the provisions of

ORC 121.71 through 121.75.

This rule also contains references to the Clean Air Act (CAA). The CAA is

generally available through libraries, and Ohio EPA and u.s. EPA websites. CAA

references have also been dated to reference the specific version ofthe rules. ORC

121.75 (D) exempts such references from the requirements ofORC 121.71 through

121.74.

This rule additionally contains references to AP-42 emissions factors used by

regulators and impacted parties to determine compliance, or determine parameters

necessary to achieve compliance, with this rule. AP-42 emissions factors are

occasionally updated to incorporate new data and testing results. AP-42 emissions

factors are available in libraries, and in industry specific and u.s. EPA websites.

Referenced materials are cited and dated in rule OAC 3745-21-01. The rule also

indicates how the referenced materials may be obtained.

9. If the rule incorporates a text or other material by reference, and it was

infeasible for the agency to file the text or other material electronically, provide

an explanation of why filing the text or other material electronically was

infeasible:

Not Applicable.

10. If the rule is being rescinded and incorporates a text or other material by

reference, and it was infeasible for the agency to file the text or other material,

provide an explanation of why filing the text or other material was infeasible:
Page 4

Not Applicable.

Rule Number: 3745-21-07

11. If revising or refiling this rule, identify changes made from the previously

filed version of this rule; if none, please state so:

The rule is being refiled for a second time, to address interested party comments

received prior to the rule's second scheduled JCARR hearing. Changes to the rule

from what was originally filed are summarized below:

The rule was originally refiled to address comments received from interested

parties. The onJ.y substantive changes that were made to the rule were the result of

comments from USEPA. In paragraph (A)(6)(a), language was added to clarify that

cited testing methods are valid for controlled and uncontrolled sources; and, in

paragraph (A)(6)(c), language was added to require approval by USEPA if a facility

wants to demonstrate compliance with the rule by using data from similar sources

or operations.

Minor changes were made that remove emissions units that should not have been

included in the rule, and to add a newly permitted emissions unit. Minor changes

were also made to correct the names offacilities that have had ownership changes

since the rule was initially filed.

In addition, in several paragraphs language was added or revised to clarify the

intent or applicability ofthe rule:

In paragraph (A)(3), a clarification that the rule only applies to sources or operation

"for which installation commenced prior to the effective date ofthis rule" was

made.

In the paragraph (A)(4) Comment, a recordkeeping requirement clarification that

"any requirement to determine or document materials as being photochemically

reactive materials" was added to the listing ofpermit requirements that would be

void once the new rule goes into effect. Language stating that "All other permit

conditions, including annual emission or material usage limitations (tons per year,

gallons per day or month or year, VOC per gallon, etc.) and all other recordkeeping

and reporting requirements associated with those permit conditions remain in

effect" was also added to avoid potential misunderstandings.

In paragraph (A)(5), the applicability ofthe rule was clarified by defining a new

source as "any new source as defined in rule 3745-15-01 ofthe Administrative

Code, for which installation commenced after the effective date ofthis rule."

In paragraph (M)(3)(c), a clarification that articles, machines, equipment, or other

contrivance that "commenced installation after the effective date ofthis rule" was

added to the emissions units that would not be subject to the requirements of

paragraphs (M)(3)(a) and (M)(3)(b).
PageS Rule Number: 3745-21-07

In paragraph (M)(3)(d)(vi), clarification that only the organic compound emissions

that are the result ofthe "application and drying ofcoatings in the emissions unit"

need to be controlled by the concentrator and regenerative thermal oxidizer was

made.

In paragraph (M)(3)(g), the applicability ofthe paragraph was clarified to include

all existing sources within a "Priority I" county, and all new sources "for which

installation commenced prior to the effective date ofthis rule", regardless of

location.

In paragraph (M)(4), the applicability ofthe paragraph was clarified to include all

existing sources within a "Priority I" county, and all new sources "for which

installation commenced prior to the effective date ofthis rule", regardless of

location.

In paragraph (M)(5)(d)(i), clarification that an exemption from the requirements of

paragraph (M)(4) is being made for material that is "described in paragraph (M)(4)

ofthis rule" and consists only ofwater and liquid organic material, does not contain

more than twenty per cent liquid organic material "by volume."

In paragraph (M)(5)(d)(ii), clarification that an exemption from the requirements of

paragraph (M)(4) is being made for material that is "described in paragraph (M)(4)

ofthis rule."

The rule is being refiled for a second time to address additional comments received

from interested parties. Minor changes have been made that remove emissions units

or controls that should not have been included in the rule, add newly permitted

emissions units, and to clarify which portions ofspecific emissions units are subject

to the rule.

In addition, in several paragraphs' language has been added or revised to further

clarify the intent or applicability ofthe rule:

In paragraph (A)(3), a clarification that the rule "shall not apply to VOC emissions

from any such source or operation that are regulated.." by another rule is made.

In paragraph (M)(2) and paragraph (M)(3)(g), an explanation ofhow reductions are

achieved by incineration has been clarified, making it consistent with the current

rule language. The paragraphs now state "Ifthe reductions are achieved by

incineration, ninety per cent or more ofthe carbon in the organic material being

incinerated shall be oxidized to carbon dioxide."

In paragraph (M)(3)(a)(iv), clarification that "control equipment" is being referred

to instead of "a control device."

In paragraph (M)(3)(c)(ii), clarification that the limitation or the effect it would

have on organic compound emissions is federally enforceable "or legally and
Page 6 Rule Number: 3745-21-07

practicably enforceable by the state" is made to bring the defInition of "potential to

emit" in line with the federally approved definition.

In paragraph (M)(3)(c)(iv), clarifIcation that control efficiency is required to be

measured "by weight" is made.

In paragraph (M)(3)(d)(vi), limits for emissions unit R201 have been revised to be

based upon RACT requirements similar to rule 3745-21-09(B)(6) ofthe Ohio

Administrative Code and USEPA's Control Technology Guideline for

automotive/transportation plastic parts coating lines.

In paragraph (N)(2), clarifIcation that "control equipment" is being referred to

instead of a "control device" has been made. In addition, the paragraph now

specifIes that the smokeless flare or equally effective control equipment is being

used to control "organic compound emissions." Redundant language that stated that

the waste gas flare system "associated with each ofthe waste gas flare systems" has

also been removed.

Paragraph (N)(3) has been added to the rule for "Aircraft Braking Systems Corp."

in conjunction with the removal of "Aircraft Braking Systems Corp." emissions

units from Table (N)(1). The new paragraph incorporates additional emissions units

for this facility that have been identifIed, and specifIes emissions unit specifIc

requirements for organic compound emissions reductions based upon current Rule

3745-21-07(1)(1) ofthe Ohio Administrative Code, to which the emissions units are

subject. Paragraph (N)(3) has incorporated control requirements from the current

rule for emissions units that are ethylene emission sources.

12. 119.032 Rule Review Date: 02/18/2013

(If the rule is not E;lxempt and you answered NO to question No.1, provide the

scheduled review date. If you answered YES to No.1, the review date for this

rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required:

the current review date plus a date not to exceed 5 years from the effective date

for Amended rules or a date not to exceed 5 years from the review date for No

Change rules.

FISCAL ANALYSIS

13. Estimate the total amount by which this proposed rule would increase I

decrease either revenues I expenditures for the agency during the current

biennium (in dollars): Explain the net impact of the proposed changes to the

budget of your agency/department.
Page 7

This will have no impact on revenues or expenditures.

Not Applicable.

Not Applicable.

Rule Number: 3745-21-07

14. Identify the appropriation (by line item etc.) that authorizes each expenditure

necessitated by the proposed rule:

Not Applicable.

15. Provide a summary of the estimated cost of compliance with the rule to all

directly affected persons. When appropriate, please include the source for your

information/estimated costs, e.g. industry, CFR, internal/agency:

For permitted, controlled sources that are subject to the current rule, costs will not

change with the new rule. For uncontrolled sources that are subject only to existing

rule short term organic compound limitations, cost will decrease with the new rule

because potentially onerous record keeping requirements will no longer be

required.

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption!Amendment Form in order to

comply with Am. Sub. 106 ofthe l2lst General Assembly.
ACTION: Final

Page E-1

DATE: 02108/2008 8:05 AM

Rule Number: 3745-21-07

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

See Attachment

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

See attached "White Paper."

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

[5t)'I("..shel~: ruh,!em"ironmc!ntal.xsI1./5. authori"gto(J/: i4i 1.01 May 21, 2003. (dli: 2. p: .iOO57. po: 45136, ra: 146628. d, prior dat.: 03;17/2008 02:22 PM
Page E-2 Rule Number: 3745-21-07

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable
ACTION: Final I DATE: 02/08/2008 8:05 AM I

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Aeency

Agency Name

Division of Air Pollution Control WAPC)

Division

SO West Town Street. Suite 700 PO Box 1049

Columbus OB 43216-1049

Agency Mailing Address (Plus Zip)

Todd Brown

Contact

614-644-4839

Phone

614-644-3681

Fax

3745-21-07

Rule Number

Rule TitlelTag Line

RESCISSION

TYPE of rule filing

Control of emissions of of&anic materials from stationary

sources.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the RC 119.032

review? Yes

2. Are you proposing this rule as a result of recent legislation? No

3. Statute prescribing the procedure in

accordance with the agency is required

to adopt the rule: 119.03

4. Statute(s) authorizing agency to

adopt the rule: 3704.03(A),3704.03(E)

5. Statute(s) the rule, as filed, amplifies

or implements: 3704.03(E)

6. State the reason(s) for proposing (Le., why are you filing,) this rule:

Significant changes require Ohio EPA to rescind this rule and replace it with new

rule 3745-21-07 "Control of emissions of organic materials from stationary sources

(i.e., emissions that are not regulated by rule 3745-21-09,3745-21-12,3745-21-13,

3745-21-14,3745-21-15,3745-21-16, or 3745-21-18 ofthe Administrative Code)."

7. If the rule is an AMENDMENT, then summarize the changes and the content

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

then summarize the content of the rule:

[sl)'lesheel:r~fa.xsI2.06. authoring tool: EZI. p: 300.17. po: 45/36. Yo: /46617, d: l?514~)l priD! date: 03!! 7/2008 02:21 PM
Page 2 Rule Number: 3745-21-07

Existing rule 3745-21-07 ofthe Administrative Code is difficult to interpret and

apply. Specifically, the rule lacks definitions for some regulatory terms, lacks

compliance test methods, lacks clearly written exemptions, and contains an inherent

problem in determining whether or not a material is a photochemically reactive

material, all ofwhich result in ambiguities and divergent interpretations. This rule

is being rescinded and replaced with new rule 3745-21-07 "Control of emissions of

organic materials from stationary sources (i.e., emissions that are not regulated by

rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or

3745-21-18 ofthe Administrative Code)" due to the significant number of changes.

Additional information regarding the differences between the existing rule and the

proposed rule can be found in the White Paper and the Synopsis that are attached to

this rule package.

8. If the rule incorporates a text or other material by reference and the agency

claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is

generally available to persons who reasonably can be expected to be affected

by the rule, provide an explanation of how the text or other material is generally

available to those persons:

This rule contains refemces to the Ohio Administrative Code (OAC) and Ohio

Revised Code (ORC). While copies ofthese reles and statutes are generally

available to the public through libraries and on-line sourcs, including the Ohio EPA

website, ORC 121.76(A) exempts such references from the provisions ofORC

121.71 through 121.75.

This rule also contains references to the Clean Air Act (CAA). The CAA is

generally available through libraries and Ohio EPA and U.S. EPA websites. ORC

121.75(D) exempts such references from the requirements ofORC 121.71 through

121.74.

9. If the rule incorporates a text or other material by reference, and it was

infeasible for the agency to file the text or other material electronically, provide

an explanation of why filing the text or other material electronically was

infeasible:

Not Applicable

10. If the rule is being rescinded and incorporates a text or other material by

reference, and it was infeasible for the agency to file the text or other material,

provide an explanation of why filing the text or other material was infeasible:

Not Applicable
Page 3 Rule Number: 3745-21-07

11. If revising or refiling this rule, identify changes made from the previously

filed version of this rule; if none, please state so:

This rule was refiled to maintain the same regulatory timeframe as the other rules in

this package. No changes were made to this rule.

12. 119.032 Rule Review Date: 8/27/2007

(If the rule is not exempt and you answered NO to question No.1, provide the

scheduled review date. If you answered YES to No.1, the review date for this

rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required:

the current review date plus a date not to exceed 5 years from the effective date

for Amended rules or a date not to exceed 5 years from the review date for No

Change rules.

FISCAL ANALYSIS

13. Estimate the total amount by which this proposed rule would increase I

decrease either revenues I expenditures for the agency during the current

biennium (in dollars): Explain the net impact of the proposed changes to the

budget of your agency/department. ,.

This will have no impact on revenues or expenditures.

Not Applicable

Not Applicable

14. Identify the appropriation (by line item etc.) that authorizes each expenditure

necessitated by the proposed rule:

Not Applicable

15. Provide a summary of the estimated cost of compliance with the rule to all

directly affected persons. When appropriate, please include the source for your

information/estimated costs, e.g. industry, CFR, intemal/agency:

For permitted, controlled sources that are subject to this rule, when it is replaced by

the new rule costs of compliance will not change. For uncontrolled sources that are

subject only to existing rule short-term organic compound limitations, cost will

decrease with the new rule because potentially onerous record keeping

requirements will no longer be required.
Page 4 Rule Number: 3745-21-07

16. Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17. Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption/Amendment Form in order to

comply with Am. Sub. 106 ofthe 121st General Assembly.
ACTION: Final

Page E-1

I DATE: 02/08/2008 8:05 AM I

Rule Number: 3745-21-07

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule

or an amendment to a rule dealing with environmental protection, or containing a

component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed rule or

amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or

consequences of, other benefits of, and the technological feasibility of the

proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted

or amended to enable the state to obtain or maintain approval to administer and

enforce a federal environmental law or to participate in a federal environmental

program, whether the proposed rule or rule amendment is more stringent than its

federal counterpart, and, if the proposed rule or rule amendment is more

stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal

analysis required to be filed with the Joint Committee on Agency Rule Review

information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental

interests, business interests, and other persons affected by the proposed

rule or amendment consulted? Yes

Please list each contact.

see attachment

(B) Was documentation that is relevant to the need for, the environmental

benefits or consequences of, other benefits of, and the technological

feasibility of the proposed rule or amendment considered? Yes

Please list the information provided and attach a copy of each piece of

documentation to this form. (A SUMMARY OR INDEX MAY BE AITACHED

IN LIEU OF THE ACTUAL DOCUMENTATION.)

See attached "White Paper"

(C) Is the proposed rule or rule amendment being adopted or amended to enable

the state to obtain or maintain approval to administer and enforce a federal

[.style.she(!f: ruleem';ronmental.xsll.15.. author;/lg tool: i4i 2.01 May 21. lOO.t (dv: J. p: 30057. po: 45136. 1'0: 146617. d: print date: 03Jl7f2008 02:21 PM
Page E-2 Rule Number: 3745-21-07

environmental law or to participate in a federal environmental program?

Yes

Is the proposed rule or rule amendment more stringent than its federal

counterpart? No

(D) If this is a rule amendment that is being adopted under a state statute that

establishes standards with which the amendment is to comply, is the

proposed rule amendment more stringent than the rule that it is proposing

to amend? No

Not Applicable
Article IV

Attachment F

Public Hearing Notice
ACTION: Original I DATE: 08/27/2007 8:14AM I

Public Hearing Notice

Ohio Environmental Protection Agency

Five-Year Rule Review of Ohio Administrative Code (OAC) rule 3745-21-07

Notice is hereby given that the Ohio Environmental Protection Agency, Division of Air Pollution

Control (DAPC) has performed a review of the above-referenced rule primarily to satisfy the

requirements of Section 119.032 ofthe Ohio Revised Code (five-year review). DAPC has found that

OAC rule 3745-21-07 "Control of emissions of organic materials from stationary sources (Le.,

emissions that are not regulated by rule 3745-21-09,3745-21-12,3745-21-13,3745-21-13,3745-

21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code)" continues to be

necessary, but with significant applicability changes.

DAPC is proposing changes to the current rule to: (a) limit its continued applicability to emissions

units that have been required to install controls, or employ control measures pursuant to the

existing rule, and (b) maintain the requirements of paragraph (G)(1) in the current rule. The number

of changes being made require that the existing rule be rescinded, and a new rule be proposed in

its place.

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

interested parties affected by the rule before the division formally proposes them. Prior review

periods were held ending on 8117/06 (14 days), and 3/2/06 (30 days). A public hearing was also

held on 3/1/06 regarding this rule. Comments were received and changes were made based on the

comments. Due to the quantity and complexity of changes, DAPC is withdrawing the rule language

originally proposed to the Joint Committee on Agency Rule Review (JCARR) on January 12, 2006

and proposing new language.

Pursuant to Section 119.03 of the Ohio Revised Code, a public hearing on these rule changes will

be conducted on October 3,2007 at 2:30 p.m., in Conference Room A, 6th Floor at Ohio EPA,

lazarus Government Center, 50 W. Town Street, Suite 700, Columbus, Ohio.

Pursuant to Part D of Title I of the Clean Air Act, Ohio EPA is required to establish a state

implementation plan (SIP) for the attainment and maintenance of the national ambient air quality

standards (NAAQS). The above mentioned rules are a part of Ohio's SIP and the proposed

amendments will be submitted to USEPA as a modification of the SIP. The above mentioned

hearing shall be considered the public hearing for the SIP submittal.

All interested persons are entitled to attend or be represented at the hearing and give written or oral

comments on these rule changes. All oral comments presented at the hearing, and all written

statements submitted at the hearing or by the close of business on October 3, 2007, will be

considered by Ohio EPA prior to final action on this rule. Written statements submitted after October

3,2007, may be considered as time and circumstances permit, but will not be part of the official

record of the hearing.

These rules are available on the Web page for electronic downloading by clicking on "regulations"

under the" topics" drop-down box. The URl is: http://www.epa.state.oh.us/dapc/regslregs.html.

Questions regarding accessing the web site should be directed to Arunee Niamlarb at 614-728-

1342; other questions or comments about these rules should be directed to Todd Brown at Ohio

EPA, (614) 644 -4839, todd.brown@epa.state.oh.us. or mailed to Todd Brown, Ohio EPA, Division

Air Pollution Control, lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216-1049.

PHN p(30057) pa(3R6/7) d(/58245) pnnt d.t<: 03!17::!OO8 :!:20 PM
Article IV

Attachment G

JCARR Agenda
JOINT COMMITTEE ON AGENCY RULE REVIEW

Agenda -1128/2008 -1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA FINAL AGENDA

()AC I2-UL £ 371{5 - ~/- D 7

1+/ IT~M t:r z?'

Consent

1 Bureau of Workers' Compensation •

Public Hearing: 1/8/2008

Amendment Revised Filing No 4123-15-08

Total Rules: 2 Original Filing Date: 11/30/2007 Date of Revised Filing: 11/30/2007 Jurisdiction Ends: 21312008

Rule Type Amim EYB1 Rule Number Rule Title

Amendment Revised Filing No 4123-15-03 Standards of conduct.

Remedial action against persons exercising improper influence and engaging in

favoritism.

2 BUreau of Workers' Compensation •

Total Rules: 1 Original Filing Date: 11/30/2007 Date of Revised Filing: 11/30/2007 Jurisdiction Ends: 213/2008 Public Hearing: 1/8/2008

Rule Type &1iQn EYB1 Rule Number Rule Title

Amendment Revised Filing Yes 4123-3-10 Awards.

3 pepartment of Administrative Services • Dlylslon of Human Resources

Total Rules: 2 Original Filing Date: 11/29/2007 Jurisdiction Ends: 21212008 Public Hearing: 1n/2oo8

Rule Type

Amendment Original Filing

Amendment Original Filing

ElB1.

No

No

Rule Number

123:1-5-01

123:1-5-03

Rule Title

Unclassified service.

Retaining rights to the classified service upon appointment to the unclassified

service.

Total Rules: 1 Original Filing Date: 11/29/2007 Date of Refiled Filing: 1n/2008 Jurisdiction Ends: 216/2008 Public Hearing: 1n/2008

Jurisdiction Ends: 21312008 Public Hearing: 1n/2oo8

Rule Title

Uniformed service leave without pay.

Rule Nymber

123:1-34-05

EYB1

Yes

RuleType

Amendment Refiled Filing

4 Department of AgriCUlture •

Total Rules: 4 Original Filing Date: 11/30/2007

Rule Type

Rescission Original Filing

EYB1

Yes

Rule Nymber

901-14-01

Rule TItle

Application for rental assistance.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086. www.jca".state.oh.us·Page.·.I2812oo8
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1128/2008 -1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Public Hearing: 1/7/2008

Public Hearing: 1/7/2008

Jurisdiction Ends: 2/312008

Application for livestock funds.

Application for premium assistance.

Appropriation of funds.

Date of Revised Filing: 11/30/2007

901:7-2-06

901:7-2-07

901:7-2-08

901:7-2-09

901:7-2-10

901 :7-2-11

901:7-2-12

901-14-01

901-14-02

901-14-03

New Rule Revised Filing No

New Rule Revised Filing No

New Rule Revised Filing No

New Rule Revised Filing No

New Rule Revised Filing No

New Rule Revised Filing No

New Rule Revised Filing No

6 Department of Agriculture • Grain warehouses

Total Rules: 19 Original Filing Date: 11/30/2007

New Rule Original Filing No

Rescission Original Filing Yes

Rescission Original Filing Yes

5 pePartment of Agriculture • Grain Warehouses

Total Rules: 12 Original Filing Date: 11/30/2007 Date of Revised Filing: 11/30/2007 Jurisdiction Ends: 2/312008

Rule Type &1i.Qo. EiB1 Rule Number Rule Title

Amendment Revised Filing Yes 901 :7-2-01 Examination fee.

New Rule Revised Filing No 901 :7-2-02 Annual commodity statement.

New Rule Revised Filing No 901 :7-2-03 Scale weight ticket format.

New Rule Revised Filing No 901 :7-2-04 Suspension of license.

New Rule Revised Filing No 901 :7-2-05 SUitability and safety of warehouses for inspection and handling agriCUltural commodities.

Additional warehouse examinations.

Handler's remittance of the per-bushel fee.

Asset valuation.

Delayed price agreements, form and contents.

Agricultural commodity tester training.

Application for commodity tester certificate.

Buyers exempt from licensing.

RuleTyoe &1i.Qo. EiB1 Rule Number

Rescission Revised Filing Yes 901:7-2-02

Rescission Revised Filing Yes 901:7-2-03

Rescission Revised Filing Yes 901:7-2-04

Rescission Revised Filing Yes 901:7-2-05

Rescission Revised Filing Yes 901:7-2-06

Rescission Revised Filing Yes 901:7-2-08

Rescission Revised Filing Yes 901:7-2-09

Rescission Revised Filing Yes 901:7-2-10

Rescission Revised Filing Yes 901 :7-2-11

Rule Title

Licenses ·and renewals.

Annual commodity statement.

Suitability of warehouses for handling agricultural commodities.

Scale weight ticket format.

Marketing services offered by handler.

Suspension of license.

Retention of records.

Per diem charges for special warehouse examination services.

Handler's remittance of the per-bushel fee.

JCARR 77 South High Street - Concourse Level- Columbus, Ohio 43215 - (614) 466-4086 - www.jca".state.oh.us- PBge2 - 1/2812008
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/28/2008 -1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Jurisdiction Ends: 1/31/2008 Public Hearing: 1/3/2008

Ryle Title

Glucosamine hydrochloride; chondroitin sulfate; methylsulfonylmethane in animal

feed.

Ryle Title

Definitions.

Ohio proud program.

Application, registration, licensure, and market categories.

Use of logotype, standards.

Fees.

Advisory board.

Amount of per bushel fee to be remitted by licensed handlers.

Adjustment of the per bushel fee.

Partial delivery on a warehouse receipt.

Sale of commodity under bailment.

Asset valuation.

Delayed price agreements, form and contents.

Agricultural commodity tester training.

Application for commodity tester certificate.

Buyers exempt from licensing.

Agricultural commodity advisory commission meetings.

Public Hearing: 1/7/2008

Public Hearing: 1/7/2008

Public Hearing: 1/7/2008

Jurisdiction Ends: 2/3/2008

Jurisdiction Ends: 2/3/2008

Jurisdiction Ends: 2/1/2008

Ryle Title

Revision of "Handbook 44".

Rescission Revised Filing Yes 901:7-2-12

Rescission Revised Filing Yes 901:7-2-13

Rescission Revised Filing Yes 901:7-2-14

Rescission Revised Filing Yes 901:7-2-15

Rescission Revised Filing Yes 901 :7-2-16

Rescission Revised Filing Yes 901 :7-2-17

Rescission Revised Filing Yes 901 :7-2-19

Rescission Revised Filing Yes 901:7-2-20

Rescission Revised Filing Yes 901 :7-2-21

Rescission Revised Filing Yes 901:7-2-23

7 Department of AgriCUlture· Markets

Total Rules: 6 Original Filing Date: 11/30/2007

Rule Type E.YB1 Rule Number

Amendment Original Filing Yes 901:4·6-01

Rescission Original Filing Yes 901:4-6-02

Amendment Original Filing Yes 901:4-6-03

Amendment Original Filing Yes 901:4-6-04

Amendment Original Filing Yes 901:4-6-05

Amendment Original Filing Yes 901:4-6-06

8 Department of Agriculture • plant IndUStry

Total Rules: 1 Original Filing Date: 11/30/2007

RyleType E.YB1 Rule Number

Amendment Original Filing Yes 901:5-7-22

9 Pepartment of AgriCUlture • Weights and Measures

Total Rules: 1 Original Filing Date: 11/27/2007

RyleType E.YB1 Ryle Nymber

Amendment Original Filing Yes 901:6-1-01

10 Pepartment of Education •

Total Rules: 1 Original Filing Date: 11/28/2007

JCARR 77 South High Street· ConcouTS6 Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page3·./2812OO8
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/2812008 • 1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Ryle TXpe AQ1iQn

Amendment Original Filing

11 Department of EdUcation •

EYB1

Yes

Ryle Nymber

3301-23-44

Ryle TItle

Temporary licenses.

Total Rules: 2 Original Filing Date: 11/28/2007 Jurisdiction Ends: 211/2008 Public Hearing: 117/2008

Jurisdiction Ends: 211/2008 Public Hearing: 117/2008

Ryle TItle

Performance-based licensure for administrators.

Performance-based licensure for administrators.

3301-24-09

3301-24-09

EYB1 Ryle Nymber

Yes

No

Ryle Wpe AQ1iQn

Rescission Original Filing

New Rule Original Filing

12 Department of EdUcation •

Total Rules: 2 Original Filing Date: 11/28/2007

Date of Refiled Filing: 1/14/2008 Jurisdiction Ends: 2113/2008 Public Hearing: 612812007

Ryle Title

Intradistrict open enrollment programs.

Interdistrict open enrollment programs.

Ryle Nymber

3301-48-01

3301-48-02

EYB1

Yes

Yes

Rule Txpe

Amendment Original Filing

Amendment Original Filing

13 Department of Health •

Total Rules: 1 Original Filing Date: 5121/2007

Jurisdiction Ends: 1/30/2008 Public Hearing: 12131/2007

Ryle TItle

Definitions.

Ryle Txpe AQ1iQn EYB1 Ryle Nymber

Amendment Refiled Rling Yes 3701-12-01

14 Department of Job and family Services· Child Sypport

Total Rules: 6 Original Filing Date: 11/26/2007

Ryle Woe AQ1iQD EYB1 Ryle Nymber Ryle TItle

New Rule Original Filing No 5101:12-1-53 Program income.

Rescission Original Filing Yes 5101:12-10.40.1 Program income.

Rescission Original Filing Yes 5101:12-55-25 License suspension.

New Rule Original Filing No 5101:12-55-25 License suspension.

Rescission Original Filing Yes 5101:12-55-26 Suspension of license to practice law.

New Rule Original Filing No 5101:12-55-26 Suspension of license to practice law.

15 Department of Job and Family Services • Dlylslon of Medical Assistance

Total Rules: 1 Original Filing Date: 11/29/2007 Jurisdiction Ends: 21212008 Public Hearing: 1/3/2008

Ryle 1)Jpe AQ1iQn

Amendment Original Filing

EYB1

No

Ryle Nymber

5101:3-24-03

Ryle Tjtle

Non-emergency transportation (NET): transportation request.

JCARR 77 South High Street· Concourse LeVfll· Columbus, Ohio 43215· (614) 466-4086· www.jcB".state.oh.us • Page 4 • 1128/2008
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/2812008 -1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Public Hearing:

Public Hearing: 1/3/2008

Public Hearing: 1/3/2008

Jurisdiction Ends: 2115/2008

Jurisdiction Ends: 21312008

Jurisdiction Ends: 21212008

5101 :3-56-03.1

5101 :3-56-03.2

Yes

Yes

Original Filing

Rescission Original Filing

Rescission

Rule Title

Medicaid hospice program definitions.

Eligibility for medicaid hospice services.

Election of benefit and enrollment procedures for medicaid hospice services.

Revocation of medicaid hospice benefit, change of vital information or designated

hospice.

Hospice services: third-party coverage and election, revocation and termination of

benefit.

Rescission Original Filing Yes 5101 :3-56-04 Provider standards and qualifications for medicaid hospice services.

Rescission Original Filing Yes 5101:3-56-04.1 Hospice services: advanced practice nurses.

Rescission Original Filing Yes 5101 :3-56-04.2 General requirements for eligible providers of hospice services.

Rescission Original Filing Yes 5101 :3-56-05 Requirements for coverage of medicaid hospice services.

Rescission Original Filing Yes 5101 :3-56-06 Reimbursement procedures for medicaid hospice services.

Rescission Original Filing Yes 5101 :3-56-06.1 Limitation on reimbursement for inpatient care for medicaid hospice services.

Rescission Original Filing Yes 5101 :3-56-06.2 Hospice services: procedure codes.

Total Rules: 6 Original Filing Date: 11/29/2007 Date of Refiled Filing: 1/18/2008 Jurisdiction Ends: 211712008 Public Hearing: 1/312008

Rule Type &ai2n .EYB1 Rule Number Rule Title

New Rule Refiled Rling No 5101 :3-56-01 Hospice services: definitions.

New Rule Refiled Rling No 5101 :3-56-02 Hospice services: eligibility and election requirements.

New Rule Refiled RUng No 5101:3-56-03 Hospice services: discharge requirements.

New Rule Refiled Rling No 5101 :3-56-04 Hospice services: provider requirements.

New Rule Refiled Filing No 5101:3-56-05 Hospice services: covered services.

New Rule Refiled Filing No 5101 :3-56-06 Hospice services: reimbursement.

17 Department Qf JQb and family ServIceS· DlylslQn Qf public AssIstance

Total Rules: 1 Original Filing Date: 10/1212007 Date of Refiled Filing: 1/16/2008

Rule Type &1iQn .EYB1 Rule Number Rule Title

Amendment Refiled Filing Yes 5101:1-40-26 Medicaid: standards of need and pregnancy allowance.

18 Department Qf JQb and Family ServIces· DlylslQn Qf SQclal ServIces

Total Rules: 1 Original Filing Date: 11/30/2007

16 Department Qf JQb and family ServIces • DlylslQn of MedIcal AssIstance

Total Rules: 12 Original Filing Date: 11/29/2007

Rule Type &.ti2n .EiB1 Rule Number

Rescission Original Filing Yes 5101 :3-56-01

Rescission Original Rling Yes 5101 :3-56-02

Rescission Original Filing Yes 5101 :3-56-03

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us. Page 5· 1/2812008
ANAL AGENDA

JOINT COMMITI'EE ON AGENCY RULE REVIEW

1/2812008 -1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Rule Type AQ1iQn

New Rule Original Filing

ElB1

No

Rule Nymber

5101:2-33-29

Ryle Title

Verification of United States citizenship and immigration status for all children in

foster care.

19 Department of Job and Family $ervlces • Plylslon of Social Services

Total Rules: 8 Original Filing Date: 11/30/2007 Jurisdiction Ends: 21312008 Public Hearing: 1/3/2008

Ryle Type AQ1iQn EY81 Ryle Number

Amendment Original Filing Yes 5101:2-14-01

Amendment Original Filing Yes 5101:2-14-02

Amendment Original Filing Yes 5101:2-14-03

New Rule Original Filing No 5101 :2-14-03.1

Amendment Original Filing Yes 5101:2-14-08

Rescission Original Filing Yes 5101:2-14-13

Amendment Original Filing Yes 5101:2-14-16

Amendment Original Filing Yes 5101:2-14-17

Ayle Tjtle

Definitions for certification of type B home providers.

Application for professional certification as a type B home provider or in-home aide.

Professional certification compliance inspection and complaint investigation of type

B home providers and in-home aides.

Complaint investigation of professional and limited type B home providers and

in-home aides.

Indoor space, programming and equipment for professional certification as a type B

home provider or in-home aide.

ContinUing education requirements for professional certification as a type B home

provider or in-home aide.

Group size for professional certification as a type B home provider or in-home aide.

Outdoor play for professional certification as a type B home provider or in-home

aide.

20 Department of Job and family Services • Division of Social ServiceS

Total Rules: 15 Original Filing Date: 11/30/2007 Jurisdiction Ends: 21312008 Public Hearing: 1/3/2008

RyleTyoe AQ1iQn ElB1 Ryle Nymber

Amendment Original Filing Yes 5101:2-14-18

Amendment Original Filing Yes 5101:2-14-19

Amendment Original Filing Yes 5101:2-14-20

Amendment Original Filing Yes 5101:2-14-21

Amendment Original Filing Yes 5101:2-14-22

Amendment Original Filing Yes 5101:2-14-24

Rule TItle

Napping, sleeping, evening and overnight care for professional certification as a

.type B home provider or in-home aide.

Safe and sanitary equipment and environment for professional certification as a

type B home provider or in-home aide.

Safety and supervision of children for professional certification as a type B home

provider or in-home aide.

Transportation and field trip safety for professional certification as a type B home

provider or in-home aide.

Child guidance and management for professional certification as a type B home or

in-home aide.

Caretakerlprovider responsibilities for professional certification as a type B home

provider or in-home aide.

JCARR 77 South High Street - Concourse Level- Columbus. Ohio 43215 - (614) 466-4(J86· www.jca".state.oh.us - Page 6· 1/2812008
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1128/2008 - 1:30 P.M.

Statehouse Room 313 (House Finance H~aring Room)

FINAL AGENDA

Ryle Title

Crib and playpen requirements for professional certification as a type B home

prOVider or in-home aide.

Swimming and water safety requirements for professional certification as a type B

home provider or in-home aide.

Appeal review procedures for limited and professional certification as a type B

home provider or in-home aide.

Denial, termination and revocation of limited certification as a type B home provider

or in-home aide.

County department of job and family services certification responsibilities.

Confidentiality involving a professional or limited certified provider.

Records requirements for professional certification as a type B home provider or

in-home aide.

Care of children with special needs or health conditions for professional

certification as a type B home provider or in-home aide.

Medical and dental emergency plan for professional certification as a type B home

provider or in-home aide.

First-aid supplies and procedures for professional certification as a type B home

provider or in-home aide.

Management of communicable disease for professional certification as a type B

home provider or in-home aide.

Administration of medication for professional certification as a type B home

provider or in-home aide.

Meal preparation/nutritional requirements for professional certification as a type B

home provider or in-home aide.

Infant care for professional certification as a type B home provider or in-home aide.

Diaper care for professional certification as a type B home provider or in-home

aide.

Amendment Original Filing Yes 5101:2-14-26

Amendment Original Filing Yes 5101:2-14-27

Amendment Original Filing Yes 5101:2-14-28

Amendment Original Filing Yes 5101:2-14-29

Amendment Original Filing Yes 5101:2-14-30

Amendment Original Filing Yes 5101:2-14-31

Amendment Original Filing Yes 5101:2-14-32

New Rule Original Filing No 5101:2-14-34

Amendment Original Filing Yes 5101:2-14-35

21 Pepartment of Job and Family Services • Plylsion of Social Services

Total Rules: 6 Original Filing Date: 11/30/2007

Rule Type &Wm. EY.B1 Rule Number

Amendment Original Filing Yes 5101:2-14-36

Amendment Original Filing Yes 5101 :2-14-37

Amendment Original Filing Yes 5101:2-14-40

Amendment Original Filing Yes 5101 :2-14-60

Amendment Original Filing Yes 5101:2-14-61

Amendment Original Filing Yes 5101:2-14-62

22 pepartment of Job and Family ServiceS • OpJFS practices

Total Rules: 1 Original Filing Date: 11129/2007

Ryle Type AillD. EY.B1 Rule Number Ryle Tjtle

Jurisdiction Ends: 213/2008

Jurisdiction Ends: 21212008

Public Hearing: 113/2008

Public Hearing: 1/3/2008

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us • Page 7. 1/2812008
FINAL AGENDA

JOINT COMMITfEE ON AGENCY RULE REVIEW

1/2812008 -1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Rescission Original Filing Yes 5101 :9-6-80 State child support allocation.

Total Rules: 1 Original Filing Date: 11/29/2007 Date of Revised Filing: 11/30/2007 Jurisdiction Ends: 21212008

Rule Type EYB1 Rule Number Rule Title

New Rule Revised Rling No 5101 :9-6-80 State child support allocations.

23 Department of Job and family Services • ODJfS Practices

Total Rules: 1 Original Filing Date: 11/29/2007 Date of Revised Filing: 11/30/2007 Jurisdiction Ends: 21212008

Rule Type EYB1 Rule Number Rule Title

Amendment Revised Filing No 5101 :9-6-30 Child support incentive allocation.

24 Department of Mental Retardation and Deyelopmental pisablllties • Community Services

Total Rules: 2 Original Filing Date: 10/15/2007 Date of Refiled Filing: 1/4/2008 Jurisdiction Ends: 21312008

Public Hearing: 113/2008

Public Hearing: 1/3/2008

Public Hearing: 11116/2007

Rule Tyee &IiQn

Rescission Refiled Rling

New Rule Refiled RUng

Yes

No

Rule Number

5123:2-3-18

5123:2-3-18

Rule Tjtle

Calculation of room and board payment for an individual residing in a residential

facility.

Calculation of room and board payment for an individual residing in a residential

facnity.

25 Department of public Safety •

Total Rules: 1 Original Filing Date: 11/30/2007 Jurisdiction Ends: 213/2008 Public Hearing: 11712008

Rule Type EYB1 Rule Number Rule Tjtle

Amendment Original Filing No 4501-47-05 Third-party testing facility.

Total Rules: 1 Original Filing Date: 11/30/2007 Date of Refiled Filing: 1/1412008 Jurisdiction Ends: 211312008 Public Hearing: 11712008

Rule Type &llim EYB1 Rule Number

Amendment Refiled RUng No 4501-47-03

26 Department of public Safety • State Highway patrol

Total Rules: 14 Original Filing Date: 11/29/2007

Rule Type EiB1 Rule Number

Amendment Original Filing Yes 4501:2-10-01

Amendment Original Filing Yes 4501:2-10-02

Amendment Original Filing Yes 4501 :2-1 0-03

Amendment Original Filing Yes 4501 :2-1 0-04

Rule Title

Requirements for third-party examiners.

Jurisdiction Ends: 21212008

Rule Title

Definitions.

LEADS steering committee.

Participation in LEADS.

LEADS terminal agency coordinator (TAC).

Public Hearing: 1/312008

JCARR 77 South High Strget - Concourse Level- Columbus, Ohio 43215 - (614) 466-4086 - www.jcaff.state.oh.us - Page 8 - 1/2812008
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1128/2008 - 1;30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Jurisdiction Ends: 1/31/2008 Public Hearing:

Validation.s.

Dissemination and record keeping.

LEADS audits.

National law enforcement telecommunications system (NLETS).

National crime information center (NCIC).

LEADS owned equipmenVconnected agency owned equipment.

Sanctions.

Participation agreement.

Participation agreement.

International criminal police organization (INTERPOL).

4501 :2-1 0-05

4501 :2-1 0-06

4501 :2-10-07

4501 :2-10-08

4501 :2-10-09

4501 :2-10-10

4501:2-10-11

4501:2-10-13

4501 :2·10·13

4501 :2-10-14

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

No

Amendment Original Filing

Amendment Original Filing

Amendment Original Filing

Amendment Original Filing

Amendment Original Filing

Amendment Original Filing

Amendment Original Filing

Rescission Original Filing

New Rule Original Filing

New Rule Original Filing

27 Department of Transportation •

Total Rules: 1 Original Filing Date: 11/2712007

Jurisdiction Ends: 217/2008 Public Hearing: 10/3/2007

Rule Title

Control of emissions of organic materials from stationary sources.

Control of emissions of organic materials from stationary sources (i.e., emissions

that are not regulated by rule 3745-21-09, 3745·21·12, 3745-21-13, 3745-21-14,

3745-21-15,3745-21-16, or 3745-21-18 of the Administrative Code).

Ryle Title

Business plan.

Date of Refiled Filing: 1/8/2008

3745-21-07

3745-21-07

Rule Nymber

Rule Number

5501-2-01

New Rule Refiled Filing No

Rule Type fYB1

Amendment Original Filing Yes·

28 Ohio Environmental protection Agency •

Total Rules: 2 Original Filing Date: 8127/2007

Rule Type .E.YB1

Rescission Refiled Filing Yes

29 Ohio Environmental protection Agency •

Total Rules: 4 Original Filing Date: 11/28/2007 Jurisdiction Ends: 211/2008 Public Hearing: 117/2008

Rule Type .E.YB1 Rule Number Rule Title

Amendment Original Filing No 3745·24·01 Definitions.

Amendment Original Filing No 3745-24-03 Deadlines for submission of the emission statements.

Amendment Original Filing No 3745-78-01 Definitions.

Amendment Original Filing No 3745-78-02 Fee emission reports.

30 public Utilities Commission of Ohio • Utilities

Total Rules: 3 Original Filing Date: 11/27/2007 Jurisdiction Ends: 1/3112008 Public Hearing:

JCARR 77 South High Street· Concourse Level. Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us· Page g. 1/2812008
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1/2812008 • 1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Ryle Nymber

4901:1-10-12

4901:1-10-22

4901:1-10-33

Rule Number

4901:1-15-16

4901:1-15-23

Ryle Type &IiQn fYB1

Amendment Original Filing No

Amendment Original Filing No

Amendment Original Filing No

31 public Utll!tles Commission of Ohio • Utll!tles

Total Rules: 2 Original Filing Date: 11/27/2007

Ryle Type &IiQn fYB1 Rule Nymber

Amendment Original Filing No 4901:1-13-06

Amendment Original Filing No 4901:1-13-11

32 public Utll!tles Commission of Ohio • Utll!tl,s

Total Rules: 2 Original Filing Date: 11/2712007

Rule Tvee &IiQn B::B1

Amendment Original Filing No

Amendment Original Filing No

33 public Utll!tles Commission of Ohio • Utll!tles

Total Rules: 1 Original Filing Date: 11/27/2007

Rule Type MQn £lB1 Ryle Nymber

Amendment Original Filing No 4901:1-18-05

34 public Utll!tles Commission of Ohio • Utll!tles

Total Rules: 3 Original Filing Date: 11/27/2007

Ryle Type &IiQn £lB1 Rule Number

Amendment Original Filing No 4901:1-21-12

Amendment Original Filing No 4901:1-21-14

Amendment Original Filing No 4901:1-21-18

35 public Utilities Commission of Ohio • Utll!tles

Total Rules: 2 Original Filing Date: 11/27/2007

Ryle Trtle

Provision of customer rights and obligations.

EDU customer billing and payments.

Consolidated billing requirements.

Jurisdiction Ends: 1/31/2008 Public Hearing:

Ryle Title

Provision of customer rights and obligations.

Gas or natural gas company customer billing and payments.

Jurisdiction Ends: 1/31/2008 Public Hearing:

Rule Title

Notification of customer rights.

Customer bill format.

Jurisdiction Ends: 113112008 Public Hearing:

Ryle Title

Disconnection procedures for nat.ural gas and electric companies.

Jurisdiction Ends: 1/31/2008 Public Hearing:

Ryle Title

Contract disclosure.

Customer billing and payments.

Consolidated billing requirements.

Jurisdiction Ends: 1/31/2008 Public Hearing:

Rule Type &IiQn

Amendment Original Filing

Amendment Original Filing

EYB1

No

No

Rule Number

4901:1-29-11

4901:1-29-12

Ryle Title

Contract disclosure.

Customer billing and payments.

JCARR 77 South High Street. Concourse Level· Columbus. Ohio 43215· (614) 466-4086· www.jca".state.oh.us· Page 10· 1/2812008
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

1128/2008 -1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

36 Secretary of State •

Total Rules: 1 Original Filing Date: 11/30/2007 Jurisdiction Ends: 213/2008 Public Hearing:

Public Hearing: 1217/2007

Public Hearing: 1217/2007

Jurisdiction Ends: 211/2008

Jurisdiction Ends: 211/2008

Rule Title

Physician assistant formulary.

Rule Tjtle

Compensation of Precinct Officials.

Date of Refiled Filing: 1/212008

Ryle Number

4730-2-06

Rule Number

111-13-01

ElB1

No

Rule Type AgjQn

New Rule Original Filing

37 State Medical Board •

Total Rules: 1 Original Filing Date: 11/6/2007 Date of Refiled Filing: 1/212008

Rule Type Akti.Qn EYB1 Rule Number Rule Title

New Rule Refiled Filing No 4731-6-04 Demonstration of proficiency in spoken English.

38 State Medical Board - Physician Assistant Licensing •

Total Rules: 1 Original Filing Date: 11/6/2007

Rule Type EYB1

New Rule Refiled Filing No

To Be Refiled

Date of To Be Refiled: 1/2212008 Jurisdiction Ends: Public Hearing: 8/1 0/2007

39 Department of Job and Family Services • Dlylslon of Medical Assistance

Total Rules: 1 Original Filing Date: 10/15/2007 Date of To Be Refiled: 1/25/2008 Jurisdiction Ends: Public Hearing: 11/19/2007

Rule Type EYB1 Rule Number Rule Tjtle

Amendment To Be Refiled No 5101 :3-27-02 Coverage and limitations of mediciaid community mental health services.

40 Department of Mental Health •

Total Rules: 3 Original Filing Date: 10/16/2007 Date of To Be Refiled: 1/25/2008 Jurisdiction Ends: Public Hearing: 11/19/2007

Rule Type AQliQn EYB1 Rule Number Rule Title

Amendment To Be Refiled Yes 5122-29-04 Mental health assessment service.

Rescission To Be Refiled Yes 5122-29-17 Community psychiatric supportive treatment (CPST) service.

New Rule To Be Refiled No 5122-29-17 Community psychiatric supportive treatment (CPST) service.

41 Ohio Enylronmental protection Agency •

Total Rules: 28 Original Filing Date: 7/3/2007

Rule Type AQliQn

Amendment To Be Refiled

EYB1

Yes

Rule Number

3745-15-03

Rule Title

Submission of emission information.

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215· (614) 466-4086· www.jcarr.state.oh.us·Page •• ·./2812OO8
FINAL AGENDA

JOINT COMMITTEE ON AGENCY RULE REVIEW

112812008 • 1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

Amendment To Be Refiled No 3745-31-02

Amendment To Be Refiled No 3745-31-03

Amendment To Be Refiled No 3745-31-04

Amendment To Be Refiled No 3745-31-05

Rescission To Be Refiled Yes 3745-31-06

New Rule To Be Refiled No 3745-31-06

Amendment To Be Refiled No 3745-31-07

Rescission To Be ReWed Yes 3745-31-08

New Rule To Be Refiled No 3745-31-08

Rescission To Be Refiled Yes 3745-31-09

New Rule To Be Refiled No 3745-31-09

Amendment To Be Refiled No 3745-31-10

Amendment To Be Refiled No 3745-31-20

Amendment To Be Refiled No 3745-31-22

Amendment To Be Refiled N9 3745-31-29

Amendment To Be ReWed No 3745-31-30

Amendment To Be Reflled No 3745-31-31

Amendment To Be Refiled No 3745-31-32

Amendment To Be Refiled No 3745-31-33

Rescission To Be Refiled Yes 3745-35-01

Rescission To Be Refiled Yes 3745-35-02

Rescission To Be Refiled Yes 3745-35-03

Rescission To Be Refiled Yes 3745-35-04

Rescission To Be Refiled Yes 3745-35-05

Rescission To Be Refiled Yes 3745-35-06

Rescission To Be Refiled Yes 3745-35-07

Rescission To Be Refiled Yes 3745-35-08

Requirements.

Permit-to-install exemptions.

Applications.

Criteria for decision by the director.

Termination.

Completeness determinations, processing requirements, public participation, public

notice, and issuance.

Revocation.

Procedure for decision by director.

Registration status permit-to-operate.

Air permit-to-install completeness determinations, public participation and public

notice.

Variances on operation.

Air stationary source obligations.

Attainment provisions - innovative control technology.

Nonattainment provisions - conditions for approval.

General permit-ta-install.

Clean unit.

Pollution control project.

Plantwide applicability limit (PAL).

Site preparation activities prior to obtaining a final permit-ta-install.

Definitions.

Permits-ta-operate.

Variances.

General policy.

Permit exemptions and registration status.

Permits-to-operate for grain and feed processing operations and fertilizer -mixing

operations.

Enforceable limitations on potential to emit.

General permit-to-operate.

Withdrawn

JCARR 77 South High Street - Concourse Level- Columbus, Ohio 43215 - (614) 4-66-4086 - www.jC8".state.oh.us - Page 12 - 1/2812008
FINAL AGENDA

JOINT COMMITIEE ON AGENCY RULE REVIEW

1/2812008 - 1:30 P.M.

Statehouse Room 313 (House Finance Hearing Room)

FINAL AGENDA

42 pepartment of Job and Family Services • Division of Medical Assistance

Total Rules: 1 Original Filing Date: 1216/2007 Date of Withdrawn Filing: 1/15/2008 Jurisdiction Ends: Public Hearing: 1/912008

Rule Type £LB1 Rule Number Rule Tjtle

New Rule Withdrawn Filing No 5101 :3-10-30 Value purchasing: Ohio preferred durable medical equipment (DME) program.

43 pepartment of Mental Health •

Total Rules: 1 Original Filing Date: 10/16/2007 Date of Withdrawn Filing: 111712008 Jurisdiction Ends: Public Hearing: 11/19/2007

Rule Type fYB1 Rule Number Rule ntle

Amendment Withdrawn Filing Yes 5122-29-01 Purpose.

44 Ohio Enylronmental Protection Agency·

Total Rules: 3 Original Filing Date: 8/5/2005 Date of Withdrawn Filing: 1/2212008 Jurisdiction Ends: Public Hearing: 91712005

Rule Type &1iQn EYB1 Rule Number Rule ntle

Amendment Withdrawn Filing Yes 3745-11-01 Definitions.

Amendment Withdrawn Filing Yes 3745-11-02 Standard and special connection bans.

Amendment Withdrawn Filing Yes 3745-11-03 Connection ban variances.

45 Ohio Occupational Therapy. physical Therapy. and Athletic trainers Board •

Total Rules: 1 Original Filing Date: 1218/2006 Date of Withdrawn Filing: 1/14/2008 Jurisdiction Ends: Public Hearing: 8/912007

Public Hearing: 1/11/2008

Public Hearing:

Rule Title

Supervision.

Date of Withdrawn Filing: 1/11/2008 Jurisdiction Ends:

Rule Number Rule Title

4703-2-04 Training requirements.

Rule Number

4755-27-02

Rule Type AQ1iQn £LB1

Amendment Withdrawn Filing No

46 Ohio police and Fire pension Fund •

Total Rules: 1 Original Filing Date: 12127/2007 Date of Withdrawn Filing: 1/16/2008 Jurisdiction Ends:

Rule Type &tiQD EYB1 Rule Number Rule TItle

Amendment Withdrawn Filing Yes 742-2-01 Board of trustee election rules.

47 State Board of Examiners of Architects •

Total Rules: 1 Original Filing Date: 1217/2007

Rule Type &tiQD fYB1

Amendment Withdrawn Filing No

JCARR 77 South High Street· Concourse Level· Columbus, Ohio 43215 • (614) 466-4086 • www.jca".state.oh.us • Page 13. 1/2812008
Article IV

Attachment H

Final Adoption Notice to LSC

Director and Secretary of State
flectronic Rule ~ilin,

The Honorable Jennifer Brunner

Secretary of Stata

180 Eo Broad St., 15th Floor

Columbus,OH 43215

Mark Flanders, Director

legislative service Commission

n South High St., 9th Floor

Columbus,OH 43215

William L. Hills, executive Director

Jolnt Committee on Agency Rule Review

n South High St., Concourse Level

Columbus,OH 43215

The Honorable Lee Fisher, Director

Department of Development

n South High St., 27th Floor

Columbus,OH 43215

It is hereby confirmed that the Ohio Environmental Protection Agency final filed the following rule(s) pursuant to section 119.04 of the

Ohio Revised Code.

Package Number:

File Date and Time:

Confirmation Number:

FINAL FILE

30057

02/08/2008 08:05 AM

3bbeadcc80507ddccebbe614811d5bdf

Rule Number FYR? JE Date Next FYR Tagline

3745-21-07

3745-21-07

Type

Rescission Y

New N

02/07/2008

02/07/2008

Eft Date

02/18/2008

02/18/2008 02/18/2013

Control of emissions of organic materials from stationary sources.

Control of emissions of organic materials from stationary sources

(Le., emissions that are not regulated by rule 3745-21-09,

3745-21-12,3745-21-13,3745-21-14, 3745-21-15, 3745-21-16, or

3745-21-18 of the Administrative Code).

Page 1
Article IV

Attachment I

Proof of Prior Notice of

Effective Date
DAPC News and Updates Page 1 of32

- . -" ~-:.. i 1'~' ::;-"JIo;·~,~.t .~.rt:,,- ·ir-~·r·--'~ ..-......:;....:~~ ..:.~. ;:"".-:.,..:.... ......--...' "c

Division of Air Pollution 'Co',itro" .:.:-' .";.. ~.' . .,' >... • I ..~,

• 1;.,1 ...

~- <~ .•~. - I -~ - .~'. _... r· 1Jbr"

Chris Korleskl, Director! Air Land"' ,Water Pollution Prevention Public Information

Acrobat Reader 5.0 or higher is recommended for viewing PDFs.

Title V Final

Bryan Municipal Light & Water Utilities (Renewal Permit)

Buckeye Terminals LLC - Lima South Terminal (Renewal

Permit)

Chemtrade Logistics Inc (Renewal Permit)

General Mills Operations Inc (Renewal Permit)

Honda Of America Manufacturing, Inc. (Minor Mod Permit)

Iten Industries Inc. (Plant 3)

Jay Plastics, Inc.

Lorain Tubular Company LLC (Renewal Permit)

Rexam Beverage Can Company (Renewal Permit)

03-86-01-0200

03-02-02-0034

03-02-00-0001

14-31-40-0175

01-80-00-0130

02-04-01-0442

03-70-01-0058

02-47-08-0961

03-72-03-0005

oA--C I?cJ L- l! <)7(5-- 2(__ l/

N D,lC{P b t/ oEf)c , '1

'l 'WftA'/ l' ;Vl!w

tvlflbfAGe

r /fP;/lJ ') 00

Ohio EPA has received an air pollution permit application for a new coke oven battery

operation to be located adjacent to the current AK Steel facility in Middletown, Ohio. Click

here to download the PDF copies of the application.

Monday, March 17, 2008

• Middletown Coke Company, Permit Application Number 14-06023.

Wednesday, March 6, 2008

• Ohio EPA is extending the draft rule language comment period for new Ohio Administrative

Code (OAC) chapter 3745-115, "Outdoor Wood-Fired Boilers." These rules are intended to

regulate emissions of particulate matter from outdoor wood-fired boilers (OWe) as part of

Ohio's State Implementation Plan. These rules would apply to manufacturers, suppliers,

distributors or others intending to sell, lease, distribute or market an OWB in the state of Ohio,

as well as those who install, operate or own an owe.

Ohio EPA will now be accepting comments through Friday, March 21, 2008. Please see

the synopsis and interested party notice for additional information on the draft rule

language and how to submit comments.

Friday, March 14,2008

• TITLE V PERMITS ISSUED 3/13/08

• Ohio EPA has completed draft language for amendments to Ohio Administrative Code (OAC)

chapter 3745-77, "Title V Permit Rules." The amendments incorporate many fix-ups that

DAPC believes will improve implementation of the chapter (such as supporting transition out

of Title V) and updates the chapter to reflect certain federal updates to 40 CFR Part 70 that

have been made since the previous review of the rules in OAC chapter 3745-77. In addition,

general changes have been made to update and clarify the rules' authorizing and amplifying

statutes and update information on items incorporated by reference as required in ORC

121.72. We are accepting comments on the draft language through Monday, April 7, 2008.

Please see the rule language, synopsis and public notice for information on the draft

language and how to submit comments.

Tuesday, March 5,2008

• TITLE V PERMITS ISSUED 3/4/08

News and Updates

Print Tips

Agency Links

Public Participation

.. Offices & Programs

Small Business

Assistance Office

Division Links

Forms & Publications

Rules & Laws

E.check

Title V

STARShip

Permits

.. Fee Programs

Right To Know

What's New

rltle V Draft

08-57-04-0018 Delphi Automotive Systems Needmore Operations

(Renewal Permit)

htto://www.eoa.state.oh.us/daoc/oaQ:e/whatsnew.htrnl :;/17/200~
DAPC News and Updates Page 2 of32

05-46-00-0117 Honda Of America, East Liberty Plant (Significant Permit

Modification)

• TITLE V PERMITS ISSUED 2129/08

Title V Draft

04-48-01-0246 Sun Company, Inc. (Reopening Permit)

Monday, March 2, 2008

• Cleveland-Akron-Lorain, OH Eight-Hour Ozone Final Attainment Demonstration Public Notice

Friday, February 29, 2008

• TITLE V PERMITS ISSUED 2128/08

Title V Final

06-79-03-0152 IMCO Recycling of Ohio Inc. (Renewal Permit)

06-79-01-0124 Martite (Off Permit Permit)

Tuesday, February 26,2008

• TITLE V PERMITS ISSUED 2125/08

Title V Proposed

04-48-02-0007 BP Products North America Inc (APA Permit)

Monday, February 25, 2008

• TITLE V PERMITS ISSUED 2121/08

Title V Draft

14-09-01-0021 Bluegrass Mills Holding Company (Renewal Permit)

14-13-01-0484 Composite Engineering

04-48-01-0466 Crown Cork & Seal (Renewal Permit)

01-45-00-0018 Denison University (Renewal Permit)

Title V Preliminary Proposed

01-80-00-0130 Honda of America Manufacturing, Inc. (Minor Mod Permit)

Title V Proposed

08-12-79-0035 Mad River Plant (Reopening Permit)

01-80-00-0130 Honda of America Manufacturing, Inc. (Minor Mod Permit)

Title V Final

03-17-01-0039 Crawford County Landfill (Renewal Permit)

13-18-00-1618 SIFCO Forge Group, Inc. (Renewal Permit)

03-06-00-0133 The Minster Machine Company (Renewal Permit)

Thursday, February 21, 2008

• Ohio EPA has proposed amended and new rules in Ohio Administrative Code (OAC) chapter

3745-21, ·Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related

Materials Standards· to the Joint Committee on Agency Rule Review (JCARR). Ohio EPA is

proposing amended OAC rules 3745-21-01 to 3745-21-04, 3745-21-06, 3745-21-08 to 3745-

21-16 and 3745-21-18. Ohio EPA is also proposing new OAC rules 3745-21-19 to 3745-21-

23. These rules are related to the control of emissions of carbon monoxide, photochemically

reactive materials, hydrocarbons, and related materials. The rules are being amended as a

result of the requirements of Ohio Revised Code (ORC) 119.032 for 5 year review and as a

part of Ohio's control strategy for volatile organic compounds (VOCs) in the Cleveland/Akron

metropolitan area as required by our State implementation Plan. The package also contains

an amendment to paragraph (U)(2)(f) of rule 3745·21.09 to address concerns raised by

http://www.epa.state.oh.us/dapc/page/whatsnew.html 3/17/2008
DAPC News and Updates Page 3 of32

USEPA regarding the establishment and stakeholder review process of these types of

alternative emissions limitations.

The rules are being proposed after a public comment period of 30 days which ended August

23,2006, and a public comment period of 30 days for the change to 3745-21-o9(U)(2)(f)

which ended October 11,2007. Several comments were received during both comment

periods. For Ohio EPA's responses, please see the responsive summary documents. For

Ohio EPA's responses, please see the responsive summary document. We are holding a

public hearing at 10:00 AM on Tuesday, April 1, 2008 in Conference Room A, 6th Floor, Ohio

EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and

requesting comments by April 1,2008 on the above changes. Please see the rule language,

synopsis, and the public hearing notice for information on the rule changes and how to

submit comments.

• TITLE V PERMITS ISSUED 2120/08

Title V Preliminary Proposed

01-24-01-0112 Fiber-Tech Industries Inc (Renewal Permit)

Wednesday, February 13, 2008

• Ohio EPA is currently gathering information for sources issued a permit with alternative

emission limits for surface coating of miscellaneous metal parts and products under OAC rule

3745-21-o9(U)(2)(f). Ohio EPA is attempting to contact all owners and operators of facilities

with such permits. In the near future, there will be changes to the procedures for granting

alternative limits. We and U.S. EPA plan that alternate limits historically granted under this

rule shall remain in effect and shall be exempted from the new processing procedures.

Therefore, it is necessary to identify all sources currently operating under these alternative

limits. Today Ohio EPA mailed a letter to numerous facilities that are, or have, operated

under one of these altemative limits and we also issued a public notice in Ohio's major

newspapers. If you believe you are operating under an alternative limit described in this

posting and you do not receive a letter in the coming days, we are requesting you contact us

by March 12, 2008. Please see the public notice (linked above) for information on how to

contact us.

• TITLE V PERMITS ISSUED 2112108

Title V Draft

13-18-00-5887 Robin Industries Cleveland Manufacturing Division

(Renewal Permit)

Tuesday, February 12, 2008

• TITLE V PERMITS ISSUED 2111/08

Title V Proposed

01-25-10-2034 Dominion - Groveport Compressor Station (Renewal

Permit)

Title V Final

14-83-11-0286 Browning-Ferris Industries, Bigfoot Run Landfill (Renewal

Permit)

02-10-00-0047 Summitville Tiles, Inc. - (M) (Renewal Permit)

Monday, February 11, 2008

• TITLE V PERMITS ISSUED 217/08

Title V Draft

03-22-02-0042 Automotive Component Holdings, LLC (Renewal Permit)

03-32-01-0095 Hancock County Landfill (Renewal Permit)

03-51-01-0017 Nucor Steel Marion, Inc. (Renewal Permit)

03-35-01-0053 Silgan Can Company (Renewal Permit)

03-72-03-0210 Style Crest Enterprises, Inc (Renewal Permit)

http://www.epa.state.oh.us/dapc/page/whatsnew.html 3/17/2008
DAPe News and Updates Page 4 of32

Title V Preliminary Proposed

03-87-00-0377 Troy Energy, LLC

Title V Proposed

03-32-00-0023 Ball Metal Beverage Container Corporation (Renewal

Permit)

Title V Final

14-31-17-0674 Diversapack LLC (Renewal Permit)

Friday, February 8, 2008

• Notice is hereby given that the Director of Environmental Protection, under the authority of

Ohio Re iselteCitfei0~C) Section 3704.03(E), has adopted amended Ohio Administrative

Code r Ie 3745-21-07. is rule regulates emissions of organic materials from stationary

sources tha a 0 regulated by rules 3745-21-09, or 3745-21-12 to 3745-21-16 or 3745-21-

18 of the Administrative Code.

The rule is effective as of Monday, February 18, 2008 (see Public Notice of Adoption). The

rules are being adopted after a 30 day proposed rule comment period that ended on

October 3, 2007, and after a public hearing on October 3, 2007. OEPA also received

additional comments prior to the second refiling of these rules on January 8, 2008. OEPA

received comments during the proposed rule comment period. Click on the highlighted links in

the paragraph to view OEPA's responses.

Wednesday, February 6, 2008

• Notice is hereby given that the Director of Environmental Protection, under the authority of

Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended Ohio Administrative

Code rules 3745-24-01, "Definitions," 3745-24-03, "Deadlines for the Submission of the

Emission Statements," 3745-78-01, "Definitions," and 3745-78-02, "Fee Emission Reports."

The rule changes extend the filing deadline for fee emission reports and emissions

statements during the calendar year 2008.

The rules are effective as of Saturday, February 16, 2008 (see Public Notice of Adoption).

The rules are being adopted after a 15 day draft language review which ended on November

15, 2007, a 30 day proposed rule comment period that ended on January 7, 2008, and after a

public hearing on January 7, 2008. OEPA did not receive any comments during either the

draft language or proposed rule comment period.

Tuesday, February 5, 2008

• Ohio EPA has completed initial draft language for new Ohio Administrative Code (OAC)

chapter 3745-115, "Outdoor Wood-Fired Boilers." These rules are intended to regulate

emissions of particulate matter from outdoor wood-fired boilers (OWB) as part of Ohio's State

Implementation Plan. These rules would apply to manufacturers, suppliers, distributors or

others intending to sell, lease, distribute or market an OWB in the state of Ohio, as well as

those who install, operate or own an OWB. We are accepting comments on the draft

language through Friday, March 7, 2008. Please see the rule language, synopsis and

public notice for information on the draft language and how to submit comments.

Wednesday, January 30, 2008

• III L~ V ~~KMII I~~U~U ,r~Y/UlS

Title V Draft

01-65-00-0045

01-45-00-0307

01-24-01-0117

03-22-01-0062

16-52-05-0059

ALsca Acquisition Corp (Renewal Permit)

Dominion - Newark Compressor Station (Renewal Permit)

Dominion - Washington Compressor Station (Renewal

Permit)

Huron Lime Company (Renewal Permit)

3M Medina (Renewal Permit)

Title V Preliminary Proposed

htto://www.epa.state.oh.us/dapc/page/whatsnew.html 3/17/2008