3745-31-03 Exemptions and permits-by-rule.  

  • Text Box: ACTION: To Be Refiled Text Box: DATE: 01/28/2016 4:35 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Ohio Environmental Protection Agency

    Agency Name

     

    Division of Air Pollution Control (DAPC)        Paul J. Braun

    Division                                                                  Contact

     

    50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049

    614-644-2270        614-644-3681

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    Paul.Braun@epa.ohio.gov

    Email

    3745-31-03

    Rule Number

    AMENDMENT

    TYPE of rule filing

    Rule Title/Tag Line              Exemptions and permits-by-rule.

    RULE SUMMARY

    1.  Is the rule being filed for five year review (FYR)? Yes

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

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 3704.03(F), 3704.03(G)

    5.  Statute(s) the rule, as filed, amplifies or implements: 3704.03(G), 3704.03(F), 3704.03(A)

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

    The rule is being proposed to adopt amendments made after a review to fulfill the requirements of ORC 106.03 and 106.031.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    This rule outlines permitting exemptions and the requirements to obtain an exemption and permits-by-rule and the requirements to obtain a permit-by-rule.

    In addition to minor changes to address grammar and typos, Ohio EPA made the following changes:

    Clarified paragraph (B)(1)(xx) to state that construction activities located at a construction site for a project, for which no air pollution permits are required, are permanently exempted.

    Revised paragraph (B)(1)(hhh) to remove the throughput of one thousand tons per year or less for the compost piles, windrows, and associated activities including material receiving, storage, mixing, curing, turning, and load-out at Class II, III and IV solid waste composting facilities as defined by OAC 3745-560-02.

    Added paragraph (B)(1)(jjj) to state that roadways and parking areas (either paved or unpaved) with less than 3800 vehicle miles traveled (VMT) per year, less than 5 tons particulate emissions (PE), and less than 1.45 tons PM10 per year, are permanently exempted.

    Revised language under paragraph (C)(2)(f)(i)(d) consistent with the federal 40 CFR Part 63, Subpart HHHHHH - National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources rule.

    Deleted paragraph (C)(2)(m) for "Horizontal Well Completion Activities."

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This rule contains references to the Ohio Administrative Code (OAC). While copies of these rules and statutes are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions of ORC 121.71 through 121.75.

    This rule also contains references to the Code of Federal Regulations (CFR). These rules are generally available through libraries, Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version of the rules. ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 through 121.74.

    This rule also contains references to the United States Code (USC) and the Clean

    Air Act. These rules are generally available through libraries, Ohio EPA and Government Printing Office's websites. USC references have also been dated to reference the specific version of the rules. ORC 121.75 (D) exempts such references from the requirements of ORC 121.71 through 121.74.

    The rule also contains references to analytical test methods used to determine parameters for materials subject to this rule or other materials utilized by regulators and impacted parties to determine or achieve compliance with these rules. These test methods and materials are commonly known and utilized by laboratories performing this type of analytical work. Copies of these test methods are available in libraries and the website for (ASTM, ANSI, NFPA, NACE, etc.).

    Referenced materials are cited, dated and availability noted in paragraph (AAAAAA) rule OAC 3745-31-01

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    Not Applicable

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

    Not Applicable.

    12.  Five Year Review (FYR) Date: 11/30/2015

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures.

    $0.00

    Not Applicable

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

    Not Applicable

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    This rule contains exemptions and permits-by-rule used in Ohio's air pollution permitting program. The requirements of this rule provide simplified permits and exemptions which reduce and possibly eliminate permitting responsibilities for small and mid-size emission sources. While it is not possible to completely quantify the cost savings, the requirements in this rule do reduce the permitting costs for these small facilities, compared to the costs for a full paper permit which larger sources must obtain.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes

    You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 of the 121st General Assembly.

    S.B. 2 (129th General Assembly) Questions

    18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

    R.C. 121.82? Yes

    19.  Specific to this rule, answer the following:

    A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

    This rule contains exemptions and permits-by-rule used in Ohio's air pollution permitting program. The requirements of this rule provide simplified permits and exemptions which reduce and possibly eliminate permitting responsibilities for small and mid-size emission sources.

    B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

    There is a cost of compliance associated with completing the application for a permit-by-rule as contained in this rule. This is, however, a greatly reduced cost from a full paper permit required for large and major sources. While it is not possible to completely quantify the cost savings associated with the reduced permitting requirements, it is a real number, likely in the range of 40% to 90% of the cost of a full permit depending on the size of the facility and the permit-by-rule completed by the facility.

    Text Box: ACTION: To Be Refiled                                                                                                                                              Text Box: DATE: 01/28/2016 4:35 PM

    Page E-1                                                                                   Rule Number: 3745-31-03

    Environmental Rule Adoption/Amendment Form

    Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall:

    (1)    Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment.

    (2)   Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment.

    (3)  Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whether the proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart.

    (4)   Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

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

    Please list each contact.

    A draft of these rules was released on November 13, 2014 for a 30-day public comment and review period. The rules were released to Ohio EPA's electronic interested parties list, posted on Ohio EPA's regulations website and shared with interested industry parties. Several comments were received as a result of the request for draft review.

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

    Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

    Ohio EPA reviewed various federal rules to determine changes needed as a result of

    Page E-2                                                                                   Rule Number: 3745-31-03

    federal language updates as well as comments from public and industry groups affected by these rules.

    (C)  Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program ? Yes

    Is the proposed rule or rule amendment more stringent than its federal counterpart ? No

    Not Applicable

    (D)  If this is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No

Document Information

File Date:
2016-01-28
Five Year Review:
Yes
CSI:
Yes
Rule File:
3745-31-03_PH_TBR_A_RU_20160128_1635.pdf
RSFA File:
3745-31-03_PH_TBR_A_RS_20160128_1635.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 3745-31-03. Exemptions and permits-by-rule