3745-24-04 Emission statement requirements.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Environmental Protection Agency

Agency Name

 

Division of Air Pollution Control (DAPC)        Elisa Thomas

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

3745-24-04

Rule Number

NO CHANGE

TYPE of rule filing

Rule Title/Tag Line              Emission statement requirements.

RULE SUMMARY

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

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

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

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

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

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

This rule was reviewed as part of the required 5-year review process and it was determined that the rules are still necessary but that no changes were needed.

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:

OAC 3745-24-04 - Emission statement requirements.

The Emissions Statement (ES) is required by Clean Air Act section 182(a)(3)(B).

The ES applies to any facility located in a county that is out of attainment for the National Ambient Air Quality Standard (NAAQS) for ozone and emits greater than or equal to 25 tons per year of volatile organic compounds (VOC) or nitrogen oxides (NOx) during the reporting year. In general, facilities subject to this requirement must submit actual emissions data for NOx and VOC.

The requirement to file an Emissions Statement is based on actual emissions of VOC or NOx each reporting year. Thus, owners or operators of NOx or VOC sources must assess actual emissions of the facility each year to determine whether the reporting requirements apply.

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

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

This rule contains references to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies of these 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.

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:

Not Applicable.

12. 119.032 Rule Review Date: 11/22/2010 and 11/22/2015

(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

This rule will have no impact on revenues or expenditures.

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

This rule will have no impact on revenues or expenditures.

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:

An estimate in dollars of the cost of compliance is not possible due to the emission source complexity and prevailing rates for individuals preparing the report, which precludes developing an accurate cost estimate. Due to the wide variability of facilities, Ohio EPA estimates that the cost could range from a few hundred dollars for a small facility, to a few thousand dollars for a larger industrial facility.

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

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 of the 120th General Assembly.

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.

                                                                                                                                             

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Rule Summary and Fiscal Analysis (Part B)

1.  Does the Proposed rule have a fiscal effect on any of the following?

(a)  School Districts

(b)    Counties                                 (c) Townships           (d) Municipal

Corporations

No                                No                               No                                Yes

2.  Please provide an estimate in dollars of the cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate.

Any facility subject to OAC Chapter 3745-24 that is owned/operated by a municipality would have to comply with the rules under OAC Chapter 3745-24. An estimate in dollars of the cost of compliance is not possible due to the emission source complexity and prevailing rates for individuals preparing the report, which precludes developing an accurate estimate. Due to the wide variability of facilities, Ohio EPA estimates that the cost could range from a few hundred dollars for a small facility, to a few thousand dollars for a larger industrial facility.

3.  If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No

4.  If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

Not Applicable.

5.  Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.

There may be minimal cost associated with the cost of compliance for the affected parties. See response to question two, above.

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(a)  Personnel Costs

Not applicable.

(b)  New Equipment or Other Capital Costs

Not applicable.

(c)  Operating Costs

Not applicable.

(d)  Any Indirect Central Service Costs

Not applicable.

(e)  Other Costs

Not applicable.

6.  Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.

The existing requirements of this rule continue to require a cost of compliance that has existed for a number of years and has been funded through existing budgets.

7.  Please provide a statement on the proposed rule's impact on economic development.

The existing requirements of this rule continue to impact economic development in that any agency/local government or other entity with air contaminant sources in the state of Ohio will have to incur additional costs to address the air pollution control requirements of the state.

                                                                                                                                             

Page E-1                                                                                   Rule Number: 3745-24-04

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 ? No

Please list each contact.

According to Sections 119.09 and 6109.04(D) of the Revised Code, interested parties need only be consulted if a rule is being adopted, amended, or rescinded. This rule is being filed as "no change" pursuant to a 119.032 rule review and therefore, no formal interested party consultation is necessary through the agency.

The rule was, however, submitted for a seven day public review through the state of Ohio E-notification website prior to proposal.

(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.)

Page E-2                                                                                   Rule Number: 3745-24-04

Review of 1990 federal Clean Air Act (CAA) Amendments to ensure consistency for air polluting facilities.

(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

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

Not Applicable