3745-79-01 Definitions.

 

 

 

3745-79-01                  Definitions.

 

 

 

Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "Incorporation by Reference" section at the end of this rule.

 

(A)   Except as otherwise provided in this rule, the definitions in rule 3745-15-01 of the Administrative Code shall apply to this chapter.

 

(B)     "Small business stationary source" means any building, structure, facility, or installation that emits any federally regulated air pollutant and is owned or operated by a person who employs one hundred or fewer individuals; is a small business concern as defined in the "small business act" 72 Stat. 384 (1958), 15 U.S.C.A. 632, as amended; Small Business Act; is not a major stationary source as defined in section Section 302 (j) of the federal Clean Air Act; does not emit fifty tons or more per year of any federally regulated air pollutant or any hazardous air pollutant, and emits less than seventy-five tons per year of all federally regulated air pollutants. For the purposes of this definition, the number of individuals employed will be based upon a full-time equivalent employee calculation. Total annual hours worked by all employees, including contract employees, divided by two thousand, will equal the number of individuals employed by the owner or operator of a source.

 

(C)   "Small business technical and environmental compliance assistance program" means the program established pursuant to section 3704.18 of the Revised Code.

 

(D)Incorporation by reference. This chapter includes references to certain matter or materials. The text of the incorporated materials is not included in the regulations contained in this chapter. The materials are hereby made a part of the regulations in this chapter. For materials subject to change, only the specific version specified in the regulation are incorporated. Material is incorporated as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not incorporated unless and until this rule has been amended to specify the new dates.

 

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

 

(a) Clean Air Act. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the Act as amended in 1990 is also available in electronic format at www.epa.gov/oar/caa/. A copy of the Act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

 

 

 

 

(b) Code of Federal Regulations. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at www.access.gpo.gov/nara/cfr/. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(c) Ohio EPA weekly review. Information and copies may be obtained by writing to: Ohio EPA Legal Department, 122 S. Front  Street, Columbus, Ohio, 43125. The full text of the Ohio EPA Weekly Review is also available in electronic format at www.epa.state.oh.us/legal/pubnote.html/ . The Ohio EPA Weekly Review compilations are also available for inspection and copying at most Ohio public libraries and "The State Library of Ohio."

(d)Small Business Act. Information and copies may be obtained by writing to : "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the Act is also available in electronic format athttp://www.sba.gov/library/lawroom.html. A copy of the Act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(e) United States Code. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the United States Code is also                            available         in          electronic                   format                at http://www4.law.cornell.edu/uscode/. The USC compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(2) Incorporated materials.

(a) Clean Air Act; contained in 42 USC 7401 to 7671q; "The Public Health and Welfare-Air Pollution Prevention and Control;" published January 19, 2004 in Supplement III of the 2000 Edition of the United States Code.

(b) Section 302(j) of the Clean Air Act; contained in 42 USC 7642; "Definitions;" published January 19, 2004 in Supplement III of the 2000 Edition of the United States Code.

(c) Small Business Act; contained in 15 USC 632; "Small-business concern;" published January 19, 2004 in Supplement III of the 2000 Edition of the United States Code; as amended December 15, 2000, Pub. L. 106-554, Sec. 1(a)(9) [title VI, Secs. 602-604, 611, 612(b)-615(a), title VIII, Sec. 806(b)],  Dec.  21,  2000,  114  Stat.  2763,  2763A-697  to  2763A-701,

2763A-706

Effective:                                                     10/27/2006

R.C. 119.032 review dates:                         08/09/2006 and 10/27/2011

CERTIFIED ELECTRONICALLY

Certification

10/17/2006

Date

Promulgated Under:                           119.03

Statutory Authority:                           3704.036(B)

Rule Amplifies:                                  3704.036(A), 3704.036(B)

Prior Effective Dates:                         04/20/94