3745-31-01 Definitions.

 

 

 

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

[e-mail]

Email

3745-31-01

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Definitions.

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(A), 3704.03(F), 3704.03(G)

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

The rule is being proposed 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 contains definitions used throughout this chapter and information on the version and availability of items referenced throughout this chapter.

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

Revised language contained in 3745-31-01(CCCC)(1) to match the federal definition(s) of "non-road engine" consistent with Title 40 Code of Federal Regulations (CFR) 89.2 and/or 40 CFR 1068.30.

Revised language contained in 3745-31-01(CCCC)(2)(d) though (g) consistent with the language contained in 40 CFR Part 89.1(b).

Deleted 3745-31-01(CCCC)(2)(h) as small engines will be covered under OAC rule 3745-31-03(pp).

Added paragraph under 3745-31-01(MM)(4) to include "conditions where a regional transmission organization notifies electric distributors that an emergency exists or may occur and it is necessary to implement emergency procedures for voluntary load curtailments by customers within Ohio, in response to unusually low frequency, equipment overload, capacity or energy deficiency, unacceptable voltage levels, or other emergency conditions leading to a potential electrical blackout".

Added paragraph to included language consistent with 40 CFR 63.6640(f)(1) under 3745-31-01(MM)(5) that "there is no time limit on the use of emergency stationary Reciprocating Internal Combustion Engines (RICE) in emergency situations".

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 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). 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.

This rule also contains references to the Clean Air Act (CAA), Resource Conservation and Recovery (RCRA), Federal Power Act and Energy Supply and Environmental Coordination Act of 1974. These acts are generally available through libraries, Ohio EPA and Government Printing Office's websites.

References to these acts have also been dated to reference the specific version of the act. ORC 121.75 (D) exempts such references from the requirements of ORC

121.71 through 121.74.

The rule also contains references to organizations and their documents and/or other materials utilized by regulators and impacted parties to determine or achieve compliance with these rules. These organizations and materials are commonly known and utilized by sources subject to environmental regulations. Copies of these documents are available in libraries and the websites for AIRS, Control Technology Center, and SICM. References to these organization's documents have also been dated to reference the specific version of the document. 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 rule OAC 3745-31-01 (KKKKKK).

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:

The rule is being refilled a second time to address comments received during the proposal comments period. Specific changes include:

Paragraph (MM)(2): Added "or interruption", removed "failure". Paragraph (NN)(1): Added examples of uses for emergency engines.

Paragraph (NN)(2)(e): Added "outlined in paragraph (NN)(2)(d) of this rule".

Paragraph (NN)(2)(f): Added new paragraph to clarify the amount of time an emergency engine can be operated annually in non-emergency situations.

The following are items added during the first refile:

The rule is being refilled to add information on the version and availability of items referenced in OAC rules 3745-31-01 and 3745-31-14 that were inadvertently omitted from the originally filed rule. The items were added under paragraph (LLLLLL) and involve various references to items in the Code of Federal regulations (CFR) including 40 CFR 1039.1, 1068.1, 1068.31, part 58, appendix A

and part 94.

We are also removing new paragraph (MM)(5) due to a comment received. The language in (MM)(5) duplicates language elsewhere in the rule and is not needed.

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:

There is no cost of compliance with this rule. This rule contains definitions used throughout this chapter.

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

                                                                                                                                             

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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

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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