3745-72-02 Definitions.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Environmental Protection Agency

Agency Name

 

Division of Air Pollution Control (DAPC)        Alan Harness

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

3745-72-02

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(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:

Ohio EPA is proposing this rule to fulfill the requirements of ORC 119.032 (5-year review).

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:

Paragraph (B)(2): The definition for the "Clean Air Act" is being revised in order to be consist with the definition and wording as specified in OAC rule 3745-15-01(J). Specifically, the definition now reads: "Clean Air Act" or "CAA" means the federal Clean Air Act as amended November 15, 1990; 42 USC 7401 to 7671q.

Paragraph (B)(8): The definition for "Importer" is being revised by deleting reference to the specific countries. The definition now reads: "Importer" means any person who first accepts delivery of gasoline in Ohio.

Paragraph (B)(9): The definition for "low Reid vapor pressure control area" is being revised by adding the wording "or low R.V.P. control area."

Paragraph (B)(10): The definition for "low Reid vapor pressure control area terminal" is being revised by adding the wording "or low R.V.P. control area terminal."

Paragraph (B)(11): The definition for "low Reid vapor pressure control period" is being revised by adding the wording "or low R.V.P. control period."

Paragraph (B)(13): The definition for "Motor Fuel System" has been deleted. This term is not used in this Chapter.

Paragraph (B)(14): A definition for "Person" has been added to this rule. "Person" means any individual, public or private corporation, political subdivision, government agency, department or bureau of the State, municipality, industry,

co-partnership, association, firm, estate or any legal entity whatsoever.

Paragraph (B)(15): The definition for "pounds per square inch" has been revised by deleting the word "absolute."

Paragraph (B)(18): The definition for "Reid vapor pressure" has been revised by updating the appropriate ASTM method. The old reference method was ASTM D323 99a and has been deleted and replaced by ASTM D323.

Paragraph (C) through (C)(1)(d): Various wording and formatting updates were made to these paragraphs for better clarification and style.

Paragraph (C)(2)(a) through (j): Various wording and formatting updates, including deleting outdated references, were made to these paragraphs for better clarification and style.

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 rules 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 Clean Air Act. This Act is generally available through libraries, Ohio EPA and U.S. EPA websites. Clean Air Act references have also been updated to reference specific sections of the act. 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 rule 3745-72-02.

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 is refilling this rule to make the following changes in response to comments received:

1)   Ohio EPA is adding paragraph (B)(14), a definition of the term "Ohio state implementation plan." The term is used in the new paragraph (B) in refilled rule OAC 3745-72-01.

2)  Ohio EPA is adding paragraph (B)(24), a definition of the term "U.S. EPA" or

"USEPA." The term is used in the new paragraph (B) in refilled rule OAC 3745-72-01.

3)   Ohio EPA is changing paragraph (B)(19), deleting the reference to ASTM method D323 and replacing it with "...the standard test method for R.V.P. in 40 CFR 80.46" This brings the definition in line with the federal requirements in 40 CFR 80.46 and the sampling requirements in paragraph (A) or rule 3745-72-08 of the Administrative Code.

4)   Ohio EPA is removing paragraphs (C)(1)(a) and (C)(2)(e), information on the version and availability of American Society for Testing Materials (ASTM) standard ASTM D323. The standard is no longer referenced in this chapter.

5)   Ohio EPA is adding new paragraph (C)(2)(e), information on the version and availability of Section 110 of the Clean Air Act which is referenced in new paragraph (B)(14) of this rule.

12.  Five Year Review (FYR) Date: 8/26/2015

(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:

There is no cost of compliance with this rule. The rule outlines the applicable definitions for the rules in Chapter 3745-72.

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.

The draft rules and BIA were sent out for a 30-day draft comment period ending March 6, 2015. 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. Two sets of comments were received.

(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.)

ORC 3704.03

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Various chapters of the Administrative Code The Clean Air Act

Comments from interested parties

(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