# Article IV Evidence Ohio EPA Followed 

# Rule AdoptionProcedures

### Requestfor Approval ofSIP Submittal

- Article IV
Evidence Ohio EPA Followed RuleAdoption Procedures OhioRevisedCode ("ORC") 119.03, "Procedures foradoption, amendment, orrescission ofrules," outlines the requirements OhioEPA mustfollow during therule-making process (AttachmentA). OhioEPAfullycompliedwiththerequirements ofthis law andhasprovidedevidenceonthemajor requirements below:
1. 

### ORC 119.03(A): Reasonable public notice shall be given in theregister ofOhio atleast30 days priorto the date setfor ahearing. Ohio's electronicrule filing systemautomaticallyposts public notices in the Ohio Register whenrules areproposed. AscanbeviewedbythePublicHearingnotice(AttachmentF),

### the PublicHearingnoticewasplacedintheOhioRegisteronAugust27, 2007. OhioEPAhelda publichearingonOctober3,2007. Thishearingwasheld37 days afterthenoticewasplaced 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 throughoutthe state (AttachmentC). 2. ORC 119.03(B): The required materials must be filed with the secretary of state and the**dire~tor** 

### ofthe legislative servicecommission ("LSC"). Ohio'selectronicfiling systemautomaticallygeneratesaletterwhenalltherequiredelements have been uploaded on the system and the package is proposed. This letter is included (AttachmentD). OhioEPA also compliedwith all requirements forincorporatedmaterials, as evidencedby the "IncorporationbyReference" sectionatthebeginningofthis chapter,whichcanbefound in Ohio AdministrativeCode ("OAC")rule 3745-21-01 (AA), andthe answers toquestions eight and nine ofeach ofthe Rule Summary and Fiscal Analysis (RSFA) documents. The rule's RSFA is included (AttachmentE). 3. ORC 119.03(C): Conductpublic hearing as advertised. OhioEPAconductedthepublichearings asidentifiedinthePublicHearingnotice. Wehave provided acopy ofthe hearing's transcript as evidence in ArticleFive. 4. ORC 119.03(D): Aftertheperiodoftimewhenlegislativereview andinvalidationmayoccur expires, the agency may issue an order adopting therules. The Joint Committee on Agency Rule Review (JCARR) oversees agency rule making in Ohio. AhearingwasheldwithJCARRonJanuary 28, 2008, wheretheseruleswereplaced on the consent agenda as item 28 (Attachment G). On question was posed at the JCARR hearing, andwas answeredtothequestioner's satisfaction. JCARRjurisdictionexpiredon February 7, 2008, as evidencedbythe JCARR consent agenda.

### Requestfor Approval ofSIP 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 (AttachmentH). 

### 5. ORC 119.03(E): Provide noticeto publicpriorto effective date ofrules. OhioEPAprovidedanupdateoftheadoptionoftherulesthroughtheOhioEPAwebsiteand through an e-mail noticeto all interestedparties onFebruary 8, 2008, (AttachmentI).

ORC 121.39, "Provisions applicable to proposed legislation or administrative rules concerning environmental protection," imposes further requirements for interested party review specific to environmentalruleadoption(AttachmentB). OhioEPAfullycompliedwiththerequirementsofthis law and has provided evidence on the majorrequirements below: 1. ORC 121.39(B): Legislation dealing with the environment must be accompanied by a statement identifying ifit is necessary to comply with a federal requirement. It must also include information onthe estimatedcostofcompliance. TheRSFA andEnvironmental Rule Adoption!AmendmentForm("ERAF") documents are automatically generated questions that are part ofthe 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 oftheRSFA documents and item (C) oftheERAFforeachrule, OhioEPA statedthe adoption oftheserules, oraversion as stringentas, isrequiredbyU.S. EPA. TheRSFAdocuments alsocontainasectionentitled"FiscalAnalysis" which addresses potential costs. Ourresponses mettherequirements ofthis law as evidencedin the consent byJCARR 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, anditmustinclude an RSFA. This rule has been sent out to interested parties multiple times, the most recent being on August27,2008. OhioEPAnotifiedinterestedpartiesviae-mail (AttachmentJ)ofthedraft rule language, including a synopsis ofthe changes. Weprovideda 37-daycommentperiod (closing October 3,2007). The interestedparties listincludedOhioEPA, DAPC's general rule making list and somerule specific parties whoreceive information onlyregarding the rules in this submittal (Attachment K). 

### As evidencedin item(C) oftheERAFforeachrule, OhioEPA statedthe adoption ofthese rules is required in orderto maintain approval to administerafederal environmental law

.

### Request for Approval ofSIP Submittal

- Article IV
As evidencedin item (A) oftheERAFforeachrule, OhioEPAidentifiedthatitconsidered all documentationrelevanttotheneedfortherulemaking andidentifiedthosedocumentsin listform.

# Article IV Attachment A

ORC 

# 119.03

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# 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.
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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



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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,



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amendments, or rescissions to which the notice applies.) Ifthe 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



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

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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.



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(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 underthis 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~** 

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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



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# Article IV Attachment B



# GR-C 121.39

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# 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, ifthe 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.



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(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



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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 Letterto Secretary of State and Director of LSC

# flectronicRuleJilin,

The HonorableJennifer Brunner Secretary ofState 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

FYR? JE Date Rule Number 3745-21-07
3745-21-07 

### Type Rescission Y
New N 10/31/2007
10/31/2007 

### Eft Date Next FYR Tagline Control ofemissions of organic materials from stationary sources. Control ofemissions 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 ofthe Administrative Code).



### Page 1

# Article IV AttachmentE 

# RSFAs

## ACTION: Final 

# I DATE: 02/08/2008 

## 8:05 AM 

# I

Rule Summary and Fiscal Analysis (Part A) 

### Ohio EnvironmentalProtectionAgency Agency Name 

### Division ofAir

### Pollution Control IDAPCl Division 

### 50WestTown Street. Suite700 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. or3745-21-18 oftheAdministrative Code).

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe 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 adoptthe rule: 

### 119.03 4. Statute(s) authorizing agencyto adoptthe 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 oftheAdministrative Codehas undergone the 5-yearreview process. Ohio EPAhas determinedthattherule is stillnecessary for Ohio to be able to meettheNationalAmbientAir Quality Standards for ozone as required in amendments to the CleanAirAct, butthattherule canbeupdatedby eliminating archaic provisions that are no longerneeded. Although outdatedrequirements have beenremoved, itis essential that sources previously requiredto install andoperate controls continueto employthose control measures andthat sources subjectto the

[slr/.sheel: 1'«a

..'<s/2.116, aulhorlng1001: 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 withthose requirements. Failure to maintainthe emissionreductions achievedbythese sources wouldviolate the anti-backslidingprovisions ofthe CleanAirActandwouldexacerbatethe existingviolations oftheNAAQS for ozonethroughoutthe State. (There are many situations where existingrule 3745-21-07 

### oftheAdministrative Code supplements emissionreductions 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 involvethe use ofadd-on controltechnology orpollutionprevention controlmeasures for 3745-21-07 

### ofthe Administrative Coderegulated sources thatare notregulatedunderrules 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. Thesereductions are very significantin achievingthe NationalAmbientAirQuality Standards for ozone.)
7. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe rule: 

### Existing rule 3745-21-07 

### ofthe Administrative Code is difficultto interpretand apply. In 

### specific, the rule lacks definitions for someregulatoryterms, lacks compliancetestmethods, lacks clearly written exemptions, and contains an inherent problemin determining whetherornot amaterial is aphotochemicallyreactive material, all ofwhichresultin ambiguities anddivergentinterpretations. Forthese reasons, the existinglanguage willberescindedandreplacedwith new language. In 

### the newproposedrule 3745-21-07 

### oftheAdiministrative Code, the citedproblems are eliminated. In 

### orderto resolve citedproblems, Ohio EPA isproposing to replace this rule with facility-specific andgeneral controlrequirements for sources (emissions units currently complyingwithrule 3745-21-07 

### ofthe Administrative Codeby means of control equipmentoroperatioalrestrictions.) This would ensure continued operation ofsuchcontrol equipmentoroperationalrestrictions thateffictively reduce the emission oforganic compounds. These controlledorrestricted sources are not subjectto controlrequirments underotherrules thatlimitorganic compound emISSIons. Therulewill no longerapplyto new sources afterthe effective date ofthe rule. New sources thathave thepotentialto emitmore than ten tons oforganic materials will continueto be subjecttobestavailable technology determinations made during new sourcereview (perchapter3745-31 

### oftheAdministrative Code) forthe control oforganic material emissions. Currently, allnew sources are subjecttobest available technology determinations regardless ofexistingrule applicability, so no additionalrequirements for organic material emissions willresultfrom the

### Page 3 Rule Number: 3745-21-07


### proposedrule changes. Additional informationregarding the differences betweenthe existingrule andthe proposedrule canbefound intheWhite Paperthatis attachedtothis rule package.
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is 

### generally available to persons who reasonably can be expected to be affected bythe rule, provide an explanation of how the text or other material is generally available to those persons: 

### This rule contains references tothe Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies oftheserules and statutes are generally availabletothe publicthrough libraries andon-line sources, including the Ohio EPA website, ORC 121.76 

### (A) exempts suchreferences fromtheprovisions of ORC 121.71 

### through 121.75. 

### This rule also contains references to the CleanAirAct(CAA). The CAA is generally available through libraries, andOhio EPA and

# u.s. EPAwebsites. CAA references have alsobeendatedto reference the specificversion ofthe rules. ORC 121.75 (D) 

### exempts suchreferences from the requirements ofORC 121.71 

### through 121.74. 

### This rule additionally contains references to AP-42 emissions factors usedby regulators andimpactedparties to determine compliance, ordetermineparameters necessaryto achieve compliance, withthis rule. AP-42 emissions factors are occasionallyupdatedto incorporate new dataandtesting results. AP-42 emissions factors are available in libraries, andin industry specific and

# u.s. EPAwebsites. Referenced materials are citedand datedinrule OAC 3745-21-01. 

### Therule also indicates howthe referenced materials maybe obtained.
9. Ifthe rule incorporates a text orother material by reference, and itwas 

### infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text orother material electronically was infeasible: 

### NotApplicable.
10. Ifthe rule is being 

### rescinded and incorporates a text or other material by reference, and it was 

### infeasible for the agency to file the text orother material, provide an explanation ofwhy filing the text orother material was infeasible:

### Page 4



### NotApplicable. Rule Number: 3745-21-07

11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: 

### Therule isbeingrefiled for a secondtime, to address interestedparty comments receivedpriorto the rule's second scheduledJCARRhearing. Changes to the rule from whatwas originally filed are summarizedbelow: Therule was originallyrefiledto address comments received from interested parties. The onJ.y substantive changes thatwere made to therule were the resultof comments from USEPA. 

### Inparagraph (A)(6)(a), languagewas addedto clarify that citedtesting methods are validfor controlled anduncontrolled sources; and, in paragraph (A)(6)(c), language was addedto require approvalby USEPA ifa facility wants to demonstrate compliance with the rule byusing data from similarsources oroperations. Minorchanges were made thatremove emissions units thatshouldnothave been includedinthe rule, andto add anewlypermittedemissions unit. Minorchanges were also madeto correctthenames offacilities thathave had ownership changes sincethe rulewas initially filed. In 

### addition, in severalparagraphs language was added orrevisedto clarify the intentorapplicability ofthe rule: In 

### paragraph (A)(3), a clarificationthatthe rule only applies to sources oroperation "forwhichinstallationcommencedpriorto the effective date ofthis rule" was made. In 

### the paragraph (A)(4) Comment, arecordkeepingrequirementclarificationthat "anyrequirementto determine ordocumentmaterials as beingphotochemically reactivematerials" was addedto the listing ofpermitrequirements thatwouldbe voidoncethe newrule goes into effect. Language statingthat "All otherpermit conditions, including annual emission ormaterialusage limitations (tons peryear, gallons perday ormonth oryear, VOC pergallon, etc.) andall otherrecordkeeping andreportingrequirements associatedwiththosepermitconditionsremainin effect" was also addedto avoidpotentialmisunderstandings. In 

### paragraph (A)(5), the applicability ofthe rule was clarifiedbydefining anew source as "anynew source as definedinrule 3745-15-01 ofthe Administrative Code, forwhich installation commenced afterthe effective date ofthis rule." In 

### paragraph (M)(3)(c), a clarificationthatarticles, machines, equipment, orother contrivance that "commencedinstallation afterthe effective date ofthis rule" was addedto the emissions units thatwouldnotbe subjectto the requirements of paragraphs (M)(3)(a) and (M)(3)(b).

### PageS Rule Number: 3745-21-07



### In 

### paragraph (M)(3)(d)(vi), clarificationthatonlythe organic compoundemissions that are the resultofthe "applicationand drying ofcoatings in the emissions unit" needto be controlledby the concentratorandregenerative thermal oxidizerwas made. In 

### paragraph (M)(3)(g), the applicability oftheparagraphwas clarifiedto include all existing sources within a "PriorityI" county, and all new sources "forwhich installation commencedpriorto the effective date ofthis rule", regardless of location. In 

### paragraph (M)(4), the applicabilityoftheparagraph was clarifiedto include all existing sources within a "PriorityI" county, and all new sources "forwhich installationcommencedpriorto the effective date ofthis rule", regardless of location. In 

### paragraph (M)(5)(d)(i), clarificationthat an exemption from the requirements of paragraph (M)(4) isbeingmade formaterial that 

### is "describedinparagraph (M)(4) ofthis rule" andconsists onlyofwaterand liquidorganic material, does notcontain more thantwentypercentliquidorganic material "byvolume." In 

### paragraph (M)(5)(d)(ii), clarificationthatan exemption from the requirements of paragraph (M)(4) is being made formaterial thatis "describedinparagraph (M)(4) ofthis rule." Therule isbeingrefiled fora secondtime to address additional comments received from interestedparties. Minorchanges have beenmade thatremove emissions units orcontrols thatshouldnothavebeenincludedinthe rule, addnewlypermitted emissions units, andto clarify whichportions ofspecific emissionsunits are subject to the rule. In 

### addition, in severalparagraphs' languagehas been added orrevisedto further clarifythe intentorapplicabilityofthe rule: In 

### paragraph (A)(3), a clarificationthatthe rule "shallnot applyto VOC emissions from any such source oroperationthat are regulated

.." by anotherrule is made. In

### paragraph (M)(2) andparagraph(M)(3)(g), an explanation ofhow reductions are achievedby incinerationhas beenclarified, making itconsistentwiththe current rule language. Theparagraphs now state "Ifthe reductions are achievedby incineration, ninetypercentormore ofthe carboninthe organic materialbeing incinerated shallbe oxidizedto carbon dioxide." In

### paragraph(M)(3)(a)(iv), clarificationthat "control equipment" isbeingreferred to instead of"acontrol device." In 

### paragraph (M)(3)(c)(ii), clarificationthatthe limitation orthe effectitwould have on organic compoundemissions is federally enforceable "orlegally and

### Page 6 Rule Number: 3745-21-07
practicably enforceablebythe state" is made to bring the defInition of"potentialto emit" in line withthe federally approved definition. In

### paragraph (M)(3)(c)(iv), clarifIcationthatcontrol efficiency is required to be measured "byweight" is made. In 

### paragraph (M)(3)(d)(vi), limits for emissionsunitR201 havebeenrevised to be baseduponRACTrequirements similarto rule 3745-21-09(B)(6) ofthe Ohio Administrative Code andUSEPA's ControlTechnology Guideline for automotive/transportationplastic parts coating lines. In 

### paragraph (N)(2), clarifIcationthat "controlequipment" is beingreferredto instead ofa "controldevice" has beenmade. In 

### addition, theparagraphnow specifIes thatthe smokeless flare orequally effective control equipmentis being usedto control "organic compoundemissions." Redundantlanguage thatstatedthat the waste gas flare system "associatedwith each ofthe waste gas flare systems" has also beenremoved. Paragraph (N)(3) has been added to therule for "AircraftBraking Systems Corp." in conjunction with theremoval of"AircraftBraking Systems Corp." emissions units from Table (N)(1). The newparagraphincorporates additional emissions units forthis facility thathave beenidentifIed, and specifIes emissions unit specifIc requirements for organic compoundemissions reductionsbaseduponcurrentRule 3745-21-07(1)(1) ofthe Ohio Administrative Code, to whichthe emissions units are subject. Paragraph (N)(3) has incorporatedcontrolrequirements from the current rule for emissions units that are ethylene emission sources.


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

### (Ifthe rule is not E;lxempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt at the time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date forAmended rules ora date notto exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 

### 13. Estimate the total amount by which thisproposedrule would increase 

### I decrease either revenues 

### Iexpenditures forthe agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyouragency/department.

### Page 7

This willhave no impactonrevenues orexpenditures. NotApplicable. NotApplicable. 

### Rule Number: 3745-21-07



### 14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable.


### 15. Provide a summary ofthe estimated cost ofcompliance with the rule to all directly affected persons. When appropriate, please include the source foryour information/estimated costs, e.g. industry, CFR, internal/agency: Forpermitted, controlled sources that are subjectto the currentrule, costs will not changewith the new rule. Foruncontrolled sources that are subjectonly to existing rule shortterm organic compoundlimitations, costwill decrease withthe newrule becausepotentially onerous recordkeepingrequirements will no longerbe 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 Youmustcompletethe Environmentalrule Adoption!AmendmentForm in orderto complywith Am. Sub. 106 ofthe l2lstGeneralAssembly.

## 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 whetherthe 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, whetherthe 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 bythe proposed rule oramendment consulted? Yes Please list each contact. 

### SeeAttachment (B) Was documentation that is relevant to the need for, the environmental benefits orconsequences of, other benefits of, and the technological feasibility ofthe proposed rule oramendment 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 "WhitePaper." (C) Is the proposed rule or rule amendment being adopted oramended 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, priordat.: 03;17/2008 02:22 PM

### Page E-2 Rule Number: 3745-21-07

environmental law orto participate in a federal environmental program? Yes 

### Is the proposed rule or rule amendment more stringentthan its federal counterpart? No


### (D) Ifthis is a rule amendment that is being adopted undera 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 NotApplicable

## ACTION: Final 

# I DATE: 

# 02/08/2008 8:05 AM 

# I

Rule Summary and Fiscal Analysis (Part A) 

### OhioEnvironmentalProtectionAeency Agency Name 

### Division ofAir

### Pollution ControlWAPC) Division 

### SO

### WestTown Street. Suite700 PO Box 1049 Columbus OB 43216-1049 Agency Mailing Address (Plus Zip) 

### ToddBrown 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.

RULESUMMARY 1. Is the rule being filed consistent with the requirements ofthe 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 adoptthe rule: 

### 119.03 4. Statute(s) authorizing agencyto adoptthe 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: Significantchanges require Ohio EPAto rescindthis rule andreplace itwithnew rule 3745-21-07 "Control ofemissions oforganic materials from stationary sources (i.e., emissions that arenotregulatedbyrule 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. Ifthe rule is an AMENDMENT, then summarize the changes and the content ofthe proposed rule; Ifthe rule type is RESCISSION, NEW or NO CHANGE, then summarize the content ofthe 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 oftheAdministrative Code is difficultto interpretand apply. Specifically, the rule lacks definitions for someregulatoryterms, lacks compliancetestmethods, lacks clearly written exemptions, andcontains an inherent problemin determiningwhetherornot amaterial is aphotochemicallyreactive material, all ofwhichresultin ambiguities anddivergentinterpretations. This rule is beingrescinded andreplacedwith new rule 3745-21-07 "Control ofemissions of organic materials from stationary sources (i.e., emissions that are notregulatedby rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 oftheAdministrative Code)" due to the significantnumberofchanges. Additional informationregarding the differences betweenthe existing rule andthe proposedrule canbe found inthe White Paperandthe Synopsis thatare attachedto this rulepackage.
8. Ifthe rule incorporates a text orother material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 ofthe Revised Code because the text orother material is 

### generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text orother material is generally available to those persons: Thisrule contains refemces to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies ofthese reles and statutes are generally available to thepublic through libraries and on-line sourcs, includingthe Ohio EPA website, ORC 121.76(A) exempts suchreferences from the provisions ofORC 121.71 through 121.75. This rule also contains references to the CleanAirAct (CAA). The CAA is generally available through libraries and Ohio EPA and U.S. EPA websites. ORC 121.75(D) exempts suchreferences from the requirements ofORC 121.71 through 121.74.
9. Ifthe rule incorporates a text orother material by reference, and itwas 

### infeasible for the agency to file the text or other material electronically, provide an explanation ofwhy filing the text orother material electronicallywas infeasible: NotApplicable
10. Ifthe rule is being 

### rescinded and incorporates a text orother material by reference, and itwas 

### infeasible forthe agencyto file the text orother material, provide an explanation ofwhy filing the text orother material was infeasible: NotApplicable

### Page 3 Rule Number: 3745-21-07



### 11. If revising or refiling this rule, identify changes made from the previously filed version ofthis rule; if none, please state so: This rule was refiled to 

### maintainthe sameregulatorytimeframe as the otherrules in this package. No changes were made to this rule.


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

### (Ifthe rule is not exempt and you answered NO to question No.1, provide the scheduled review date. Ifyou answered YES to No.1, the review date forthis rule is the filing date.) NOTE: Ifthe rule is not exempt atthe time offinal filing, two dates are required: the current review date plus a date notto exceed 5 years from the effective date forAmended rules ora date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS 13. Estimate the total amount by which thisproposedrulewould increase 

### I decrease either revenues 

### Iexpenditures forthe agency during the current biennium (in dollars): Explain the net impact ofthe proposed changes to the budget ofyour agency/department. 

### ,. This willhaveno impactonrevenues orexpenditures. NotApplicable NotApplicable


### 14. Identifythe appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: NotApplicable


### 15. Provide a summary ofthe estimated cost ofcompliance with the rule to all directly affected persons. When appropriate, please include the source foryour information/estimated costs, e.g. industry, CFR, intemal/agency: Forpermitted, controlled sources thatare subjectto this rule, when itis replacedby the new rule costs ofcompliance willnotchange. Foruncontrolled sources that are subjectonly to existing rule short-term organic compoundlimitations, costwill decrease withthe new rulebecause potentially onerous recordkeeping requirements will no longerberequired.

### 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 orcontain a component dealing with environmental protection as defined in R. C. 121.39? Yes You mustcomplete the Environmental rule Adoption/AmendmentForm 

### in orderto comply with Am. Sub. 106 ofthe 121stGeneralAssembly.

## 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, whetherthe 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 relevantto the previously listed requirements.



### (A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule oramendment consulted? 

### Yes Please list each contact.
see attachment 

### (B) Was documentation that is relevant to the need for, the environmental benefits orconsequences of, other benefits of, and the technological feasibility ofthe proposed rule or amendment considered? 

### Yes Please list the information provided and attach a copy ofeach piece of documentation to this form. (A SUMMARY OR INDEX MAY BE AITACHED IN LIEU OF THE ACTUAL DOCUMENTATION.) See attached "WhitePaper" 

### (C) Is the proposed rule or rule amendment being adopted oramended to enable the state to obtain or maintain approval to administerand enforce a federal

[.style.she(!f: ruleem';ronmental.xsll.15

.. author;/lg tool: i4i2.01 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 orto participate in a federal environmental program? Yes Is the proposed rule or rule amendment more stringentthan its federal counterpart? No
(D) Ifthis is a rule amendmentthat is being adopted undera 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 NotApplicable

# 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 ofOhio 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 ofSection 119.032ofthe Ohio Revised Code (five-yearreview). DAPC hasfound that OAC rule 3745-21-07 "Control of emissions of organic materials from stationary sources (Le., emissionsthat 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 applicabilityto emissions units that have been required to install controls, or employ control measures pursuant to the existing rule, and (b) maintain the requirements ofparagraph (G)(1) in the current rule. The number ofchanges being made require thatthe 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. Commentswere received and changeswere made based on the comments. Dueto the quantityand complexityofchanges, DAPC iswithdrawing the rule language originally proposed to the Joint Committee on Agency Rule Review (JCARR) on January 12, 2006 and proposing new language. Pursuantto Section 119.03 ofthe 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 ofthe 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 forthe SIP submittal. All interested persons are entitled to attend orbe represented atthe hearing and givewritten ororal 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 byOhio EPApriortofinal action on this rule. Written statements submitted afterOctober 3,2007, may be considered as time and circumstances permit, but will not be part ofthe official record ofthe hearing. These rules are available on the Web page forelectronic downloading by clicking on "regulations" underthe" 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. ormailed toTodd 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 :!:20PM

# Article IV Attachment 

# G JCARR Agenda

### JOINT COMMITTEE ON AGENCYRULEREVIEW Agenda -1128/2008 -1:30P.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 ofWorkers' Compensation • Public Hearing: 1/8/2008

4123-15-08 No Amendment Revised Filing 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 ofWorkers' 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

Public Hearing: 1n/2oo8 Jurisdiction Ends: 21312008 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, Ohio43215· (614) 466-4086. www.jca".state.oh.us·Page.·.I2812oo8

### FINAL AGENDA 

### JOINT COMMITTEE ON AGENCYRULE REVIEW 1128/2008

### -1:30P.M. Statehouse Room 313 (House Finance Hearing Room) 

### FINALAGENDA

Public Hearing: 1/7/2008 Public Hearing: 1/7/2008

Jurisdiction Ends: 2/312008 Application for livestockfunds. 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 ofthe per-bushel fee. Asset valuation. Delayed price agreements, form and contents. Agricultural commodity testertraining. Application forcommoditytestercertificate. 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 ofwarehouses for handling agricultural commodities. Scale weightticket format. Marketing services offered by handler. Suspension of license. Retention of records. Perdiem charges for special warehouse examination services. Handler's remittance ofthe per-bushel fee.
JCARR77 South High Street
- Concourse Level- Columbus, Ohio43215

- (614) 466-4086
- www.jca".state.oh.us- PBge2
- 1/2812008

### FINAL AGENDA 

### JOINT COMMITTEE ON AGENCYRULEREVIEW 1/28/2008 

### -1:30P.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 ofthe per bushel fee. Partial delivery on a warehouse receipt. Sale of commodity under bailment. Asset valuation. Delayed price agreements, form and contents. Agricultural commodity testertraining. 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 "Handbook44". 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 ofAgriCUlture· 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 ofAgriculture • 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 ofAgriCUlture • 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, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us·Page3·./2812OO8

### FINAL AGENDA 

### JOINT COMMITTEE ON AGENCYRULEREVIEW 1/2812008 • 1:30P.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

Public Hearing: 117/2008 Jurisdiction Ends: 211/2008 Ryle TItle Performance-based licensure for administrators. Performance-based licensure for administrators. 3301-24-09 3301-24-09 Ryle Nymber 

## EYB1 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 Public Hearing: 612812007 Jurisdiction Ends: 2113/2008 Ryle Title Intradistrict open enrollment programs. Interdistrictopen 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 ofJob 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 ofJob 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-emergencytransportation (NET): transportation request.
JCARR77 South HighStreet· Concourse LeVfll· Columbus, Ohio43215· (614) 466-4086· www.jcB".state.oh.us • Page4 • 1128/2008

### FINAL AGENDA 

### JOINT COMMITTEE ON AGENCYRULE REVIEW 1/2812008

### -1:30P.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 Original Filing Rescission Rescission Rule Title Medicaid hospice program definitions. Eligibilityfor medicaid hospice services. Election of benefit and enrollment procedures for medicaid hospice services. Revocation of medicaid hospice benefit, change ofvital information ordesignated 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 foreligible 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 proceduresfor 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

JCARR77 South High Street· Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us. Page5· 1/2812008

### ANAL AGENDA 

### JOINT COMMITI'EEON AGENCY RULEREVIEW 1/2812008 -1:30P.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 DepartmentofJob 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 playfor professional certification as a type B home provider or in-home aide. 20 Department ofJob 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 ofchildren 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. JCARR77South High Street
- Concourse Level-Columbus. Ohio43215

- (614) 466-4(J86· www.jca".state.oh.us
- Page6· 1/2812008

### FINAL AGENDA 

### JOINT COMMITTEE ONAGENCY RULEREVIEW 1128/2008
- 

### 1:30P.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 ofjob 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 ofJob 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 ofJob 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

JCARR77 South High Street· Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us • Page 7. 1/2812008

### FINAL AGENDA 

### JOINTCOMMITfEEON AGENCY RULEREVIEW 1/2812008 -1:30P.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 ofJob 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 paymentfor 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-partytesting 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 ofpublic 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 forthird-party examiners.
Jurisdiction Ends: 21212008 Rule Title Definitions. LEADS steering committee. Participation in LEADS. LEADS terminal agency coordinator (TAC). Public Hearing: 1/312008

JCARR77South High Strget

- Concourse Level- Columbus, Ohio43215

- (614) 466-4086
- www.jcaff.state.oh.us
- Page8 - 1/2812008

### FINAL AGENDA 

### JOINT COMMITTEE ONAGENCY RULE REVIEW 1128/2008
- 1;30P.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 :2-10-05 4501 :2-10-06 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 ofTransportation • Total Rules: 1 Original Filing Date: 11/2712007

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

No Refiled Filing New Rule 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 ofthe emission statements. Amendment Original Filing No 3745-78-01 Definitions. Amendment Original Filing No 3745-78-02 Fee emission reports. 30 public Utilities Commission ofOhio • Utilities Total Rules: 3 Original Filing Date: 11/27/2007 Jurisdiction Ends: 1/3112008 Public Hearing:

JCARR77 South High Street· Concourse Level. Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us· Page g. 1/2812008

### FINAL AGENDA 

### JOINT COMMITTEE ONAGENCYRULEREVIEW 1/2812008 • 1:30P.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.
JCARR77 South High Street. Concourse Level· Columbus. Ohio43215· (614) 466-4086· www.jca".state.oh.us· Page 10· 1/2812008

### FINAL AGENDA 

### JOINT COMMITTEE ON AGENCYRULEREVIEW 1128/2008

### -1:30P.M. Statehouse Room 313 (House Finance Hearing Room) FINAL AGENDA



### 36 Secretary ofState • 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 assistantformulary. 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

Public Hearing: 8/1 0/2007 Jurisdiction Ends: Date ofTo Be Refiled: 1/2212008 39 Department ofJob and Family Services • Dlylslon of Medical Assistance Total Rules: 1 Original Filing Date: 10/15/2007 Date ofTo 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 ofTo 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.
JCARR77 South High Street· Concourse Level· Columbus, Ohio43215· (614) 466-4086· www.jcarr.state.oh.us·Page ••·./2812OO8

### FINAL AGENDA 

### JOINT COMMITTEEON AGENCYRULEREVIEW 

### 112812008 • 1:30P.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 bythe 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 priorto 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

JCARR77 South High Street
- Concourse Level- Columbus, Ohio43215

- (614) 4-66-4086
- www.jC8".state.oh.us
- Page 12

- 1/2812008

### FINAL AGENDA 

### JOINT COMMITIEE ON AGENCYRULEREVIEW 

### 1/2812008

- 1:30P.M. Statehouse Room 313 (House Finance Hearing Room) FINAL AGENDA

42 pepartment ofJob 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 ofWithdrawn 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 Athletictrainers 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 oftrustee 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

JCARR77 South High Street· Concourse Level· Columbus, Ohio43215 • (614) 466-4086• www.jca".state.oh.us• Page 13. 1/2812008

# Article IV Attachment H 

# Final Adoption Notice to LSC Director and Secretary ofState

# flectronic

# Rule**~ilin,**

The HonorableJennifer Brunner Secretary ofStata 180Eo 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 ofthe Ohio Revised Code. 

### Package Number: File Date and Time: Confirmation Number: 

# FINAL FILE 30057 02/08/2008 08:05 AM 3bbeadcc80507ddccebbe614811d5bdf



### FYR? JE 

### Date Next FYR Tagline Rule Number 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 ofemissions of organic materials from stationary sources. Control ofemissions oforganic 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 ofthe Administrative Code).



### Page 1

# Article IV Attachment I Proof of Prior Notice of Effective Date

### DAPCNews andUpdates Page 1 of32

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## Division 

## ofAir Pollution 'Co',itro".:.:-' .";..**~.'** 

## . .,' 

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...**~- <~**  .•**~.** - I**-~** -**.~'.** _... r· 1Jbr" Chris Korleskl, Director! Air Land"',Water Pollution Prevention Public Information

Acrobat Reader 5.0 or higher is recommended forviewing 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 OfAmerica 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 

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## N D,lC{P b 

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# 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 ofthe 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, "OutdoorWood-Fired Boilers." These rules are intended to regulate emissions of particulate matterfrom outdoorwood-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 ofOhio, as well as those who install, operate or own an owe. Ohio EPAwill 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 howto 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 ofthe chapter (such as supporting transition out ofTitle V) and updates the chapterto reflect certain federal updates to 40 CFR Part 70 that have been made since the previous review ofthe 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 howto 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 andUpdates Page 2 of32

05-46-00-0117 Honda OfAmerica, 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, February26,2008

• 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 ofAmerica Manufacturing, Inc. (Minor Mod Permit)
Title V Proposed 08-12-79-0035 Mad River Plant (Reopening Permit) 01-80-00-0130 Honda ofAmerica 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 ofthe 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 amendmentto 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 andUpdates Page 3 of32

USEPA regarding the establishment and stakeholder review process ofthese types of alternative emissions limitations. The rules are being proposed aftera public comment period of 30 days which ended August 23,2006, and a public comment period of 30 days forthe 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 howto 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 NucorSteel 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 Directorof Environmental Protection, underthe 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 ofthe Administrative Code. The rule is effective as of Monday, February 18, 2008 (see Public Notice ofAdoption). The rules are being adopted aftera 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 priorto the second refiling ofthese 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 thatthe Directorof Environmental Protection, underthe 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 forthe Submission ofthe Emission Statements," 3745-78-01, "Definitions," and 3745-78-02, "Fee Emission Reports." The rule changes extend the filing deadline forfee emission reports and emissions statements during the calendaryear 2008. The rules are effective as ofSaturday, February 16, 2008 (see Public Notice ofAdoption). The rules are being adopted aftera 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 aftera public hearing on January 7, 2008. OEPA did not receive any comments during eitherthe 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, "OutdoorWood-Fired Boilers." These rules are intended to regulate emissions of particulate matterfrom outdoorwood-fired boilers (OWB) as part of Ohio's State Implementation Plan. These rules would applyto manufacturers, suppliers, distributors or others intending to sell, lease, distribute or market an OWB in the state ofOhio, 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 howto 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