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 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(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 119.032.

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.

Ohio EPA is suggesting several changes to this rule as presented below in descending order (Paragraph (A) through paragraph (KKKKKK)).

Paragraph (L) will be amended to include any standard or other requirements provided for in the Ohio state implementation plan (including revisions) approved or promulgated by U.S. EPA in the "applicable laws" definition. We are suggesting this amendment to provide clarity and maintain consistency with OAC rule

3745-77-01.

Paragraph (M) will be amended to delete the term "light-duty" to specify that auto body refinishing facilities are able to perform collision repair and refinishing on any type of truck, when complying with the requirements in the auto body refinishing facility permit-by-rule.

Paragraph (P) defines the PM2.5 air quality impact as 0.3 micrograms per cubic meter.

Paragraph (II) includes PM2.5 and PM10 as criteria pollutants and deletes particulate matter as a criteria pollutant.

Paragraph (MM) defines the new term, "emergency". This new term corresponds with the emergency exemptions in OAC rule 3745-31-03.

Paragraph (NN) defines the new term, "emergency generator." This new term corresponds with the emergency generator exemptions in OAC rule 3745-31-03.

Paragraph (LLL) identifies "nitrogen dioxides" as a precursor to ozone. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478). This is consistent with the federal rule language in 40 CFR 51.166(b)(1)(ii). Also deleted a typo: OAC rule 3745-31-31 is being rescinded.

Paragraph (MMM) identifies the major source baseline date for PM10 and PM2.5.

Paragraph (NNN) identifies "nitrogen dioxides" as a precursor to ozone. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478).

Paragraph (QQQ) identifies the minor source baseline date for PM10 and PM2.5.

Paragraph (SSS) will be amended to update the significant ambient air quality impact levels for triggering a minor source permit modification for NAAQS pollutants. These levels reflect the federal significant monitoring concentrations for

PSD sources.

Paragraph (VVV) will be revised to incorporate clarifying language for the contemporaneous period of an increase or decrease of actual emissions in the "net emissions increase" definition.

Paragraph (QQQQ) defines a new term, "permanent". This term is one of the federally required criteria for an air quality emission offset and the incorporation will maintain consistency with OAC rule 3745-111-01.

Paragraph (TTTT) defines a new term, "PM2.5" as prescribed by U.S. EPA's PM2.5 NSR Implementation final rule.

Paragraph (UUUU) defines a new term, "PM2.5 direct emissions" as prescribed by

U.S. EPA#s PM2.5 NSR Implementation final rule.

Paragraph (VVVV) defines a new term, "PM2.5 emissions" as prescribed by U.S. EPA's PM2.5 NSR Implementation final rule.

Paragraph (WWWW) defines a new term, "PM2.5 precursor" as prescribed by U.S. EPA's PM2.5 NSR Implementation final rule. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478).

Paragraph (IIIII) defines a new term, "publicly owned treatment works" or "POTW". This term corresponds with a new POTW exemption in OAC rule 3745-31-03.

Paragraph (JJJJJ) defines a new term, "quantifiable." This term is one of the federally required criteria for an air quality emission offset and this incorporation will maintain consistency with OAC rule 3745-111-01.

Paragraph (NNNNN) will be amended to incorporate PM2.5 precursors for direct PM2.5 emissions and PM2.5 condensable emissions language. Ohio EPA suggests the incorporation of NOx and SO2 as PM2.5 precursors. The amended language is found in both the nonattainment and attainment sections of this paragraph.

Paragraph (TTTTT) defines a new term, "semi-public disposal system." This term corresponds with a new POTW exemption in OAC rule 3745-31-03.

Paragraph (UUUUU) will be updated to change particulate matter to PM10 and PM2.5.

Paragraph (VVVVV) defines significant emission rates for PM10 (instead of PM) and PM2.5, and adds nitrogen oxides as an indicator for the ozone significant emissions rate. This change also addresses Infrastructure SIP deficiencies identified by U.S. EPA (77 FR 65478).

Paragraph (BBBBBB) defines a new term, "surplus." This term is one of the

federally required criteria for an air quality emission offset and the incorporation will maintain consistency with OAC rule 3745-111-01.

Paragraph (DDDDDD) clarifies the time at which the two year timeframe begins for a temporary source.

Paragraph (KKKKKK) "incorporation by reference" section will be called "referenced materials." Clarifying language and updated references will also be incorporated in this paragraph.

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:

Second Refiling:

This rule was refiled to address numerous comments submitted during the proposal comment period. The comments were minor in nature, mostly typo and formatting in nature, none of the changes change the content or intent of the rule itself. Due to the large number of changes suggested (20+ in this rule and several others in rules 3745-31-06, -11, -23, and -24), Ohio EPA felt it was prudent to make the changes and refile the rules in this package. All rules in the two rule packages were refiled to keep everything on the same rulemaking timeline.

Initial Refiling:

OEPA is adding a new definition of "Truck" in paragraph (GGGGGG) and removing the words "light duty" in the definition of "Job" in paragraph (EEE). The new definitions clarify Ohio EPAs intent in the Auto Body painting permit-by-rule contained in rule 3745-31-03 of the Administrative Code.

OEPA is also updating the citation in the intro paragraph to read (LLLLLL) instead of (KKKKKK) due to the addition of the new paragraph in this rule.

Finally, OEPA is adding information on a referenced item in paragraph (LLLLLL)(1)(n) and (LLLLLL)(2)(bbb). The additions provide the version and availability information for the document "North American Electric Reliability Corporation Reliability Standard EOP-002-3, Capacity and Energy Emergencies" which is referenced in paragraph (NN)(2)(b) of this rule as part of a new definition of "Emergency Engine."

12. 119.032 Rule Review Date: 1/10/2014

(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 not 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 April 9, 2013 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 review 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