3745-21-07 Control of emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code).

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Environmental Protection Agency

Agency Name

 

Division of Air Pollution Control (DAPC)        Michael Maleski

Division                                                                  Contact

 

50 W. Town St Suite 700 Columbus OH 43215-0000 614-644-1961

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

[e-mail]

Email

 

 

 

3745-21-07

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Control  of  emissions  of  organic  materials  from  stationary

sources   (i.e.,   emissions   that   are   not   regulated   by   rule 3745-21-09,  3745-21-12,  3745-21-13,  3745-21-14,  3745-21-15,

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

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(E)

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

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

This rule is being filed as a part of the 5-year review process for OAC Chapter 3745-21.

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 identifies control requirements for emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 to 3745-21-29 of the Administrative Code). This rule is being amended as follows:

Ohio EPA is updating the title to this regulation by adding 3745-21-19 to

3745-21-29 to the list of emissions that are not regulated by this rule. A similar change is made to paragraphs (A)(3), (M)(3)(a)(v) and (M)(5)(f). OAC rule

3745-21-07 is intended to apply to any sources not regulated by other rules within OAC chapter 3745-21. OAC rule 3745-21-26 is a new rule. The remaining additional rules were missed in prior rule revisions.

Ohio EPA is adding paragraph (N)(3) to the list of emission limitations and control requirements in paragraph (A)(4). The list should include all paragraphs that contain an emission limitation or control requirement; paragraph (N)(3) was inadvertently left out in previous rulemakings.

Ohio EPA is adding or removing several facilities or emissions units from the rule for various reasons; mostly emission unit shut downs and permitting changes.

Ohio EPA is adding paragraphs (M)(1), (M)(2) and (M)(3)(a) to the exemption in paragraph (M)(5)(d). These additional paragraphs were included in the previous exemption contained in OAC rules 3745-21-07(G)(9)(c) and (d). Recordkeeping provisions for this exemption were also added in new paragraph (M)(5)(j) to allow subject emissions units to switch between exempt and non-exempt liquid organic materials with respect to paragraph (M)(5)(d).

Ohio EPA is adding paragraph (M)(5)(i), which exempts some phenolic urethane cold box resin binder systems in foundry core-making and mold-making operations. This exemption is identical to the previous exemption contained in OAC rule

3745-21-07(G)(9)(h) and was erroneously omitted during the last revision.

Ohio EPA has revised paragraph (M)(5)(e) to allow older facilities that do not have best available technology (BAT) under OAC rule 3745-31-05 to obtain an exemption under paragraph (M)(5)(e). This revision allows for a BAT that is equivalent to BAT under OAC rule 3745-31-05.

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 and Acts 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.

Referenced materials are cited, dated and availability noted in paragraph (JJ) of rule 3745-21-01 of the Administrative Code.

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:

Ohio EPA has removed the proposed revision from 3745-21-07(M)(5)(g) and reverted back to the original rule language. Ohio EPA has also removed the fiscal analysis that was related to the proposed revision.

12.  Five Year Review (FYR) Date: 7/13/2015

(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

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 has been in effect for several years. All costs associated with compliance with the existing requirements of this rule have been addressed in previous rulemakings and have been well established in the industry. With one exception, the amendments being made to this rule do not add any additional requirements to affected facilities. As such, there is no additional cost of compliance associated with the amendments being made to this rule. The exception is for added record keeping that is required for facilities that switch between exempt and non-exempt materials. Additional costs are minimal because many facilities that use this exemption already maintained these records for production purposes.

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? No

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? No

                                                                                                                                             

Page E-1                                                                                   Rule Number: 3745-21-07

Environmental Rule Adoption/Amendment Form

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

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

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

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

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

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

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of October 30, 2014 to December 2, 2014. Comments received were considered and appropriate revisions to the rules were made. A list of interested parties will be furnished upon request.

(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.)

Clean Air Act.

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

USEPA Control Technique Guidance Documents. Comments from interested parties.

LSC Style and Formatting Manual.

(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