3745-101-03 Applicability, priority, and frequency of conformity determinations.

 

 

 

Public Hearing

Ohio Environmental Protection Agency

Five-Year Rule Review of Ohio Administrative Code (OAC) Chapters 3745-101 and 3745-102

 

Notice is hereby given that the Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has performed a review of rules in the above referenced chapters primarily to satisfy the requirements of Section 119.032 of the Ohio Revised Code (five-year review).

 

The rules are related to the requirements of section 176(c) of the Clean Air Act which state that all federal actions must conform to a state's state implementation plan (SIP). Rules in chapter 3745-102 are related to general conformity, and rules in chapter 3745-101 are related to transportation conformity. The DAPC finds the following rules to be necessary and with need of amendments: OAC rules 3745-101-01 to 3745-101-04, and 3745-102-01 to 3745-102-06. We will also be incorporating new rules 3745-101-05 and 3745-101-06 by renumbering the former 3745-101-14 and 3745-101-17. Finally, we will be rescinding existing rules 3745-101-05 to 3745-101-20.

 

Amendments to chapter 3745-101 are primarily being proposed to address changes made by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA- LU) legislation. Rules in both chapters are being amended to fulfill the requirements of ORC 121.72 for incorporated references and to update and clarify their authorizing and amplifying statutes.

 

Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required to consult with interested parties affected by the rules before the division formally proposes them. On March 14, 2006, these rules went out for a 30 day review by interested parties. One set of comments was received for rules in OAC chapter 3745-101.

 

Pursuant to Section 119.03 of the Ohio Revised Code, a public hearing on these rule changes will be conducted on September 21, 2006, at 2:00 PM in conference room C, 5th floor at Ohio EPA, Lazarus Government Center, 122 South Front Street, Columbus, Ohio.

 

Pursuant to Part D of Title I of the Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the attainment and maintenance of the national ambient air quality standards (NAAQS). The above mentioned rules are a part of Ohio's SIP and the proposed amendments will be submitted to USEPA as a modification of the SIP. The above mentioned hearing shall be considered the public hearing for the SIP submittal.

 

All interested persons are entitled to attend or be represented at the hearing and give written or oral comments on these rule changes. All oral comments presented at the hearing, and all written statements submitted at the hearing or by the close of business on September 21, 2006, will be considered by Ohio EPA prior to final action on this rule. Written statements submitted after September 21, 2006, may be considered as time and circumstances permit, but will not be part of the official record of the hearing.

 

These rules are available on the Web page for electronic downloading by clicking on "regulations" under the " topics" drop-down box. The URL is: http://www.epa.state.oh.us/dapc/regs/regs.html.

 

 

 

 

 

Questions regarding accessing the web site should be directed to Arunee Niamlarb at 614-728-1342; other questions or comments about these rules should be directed to Sam MacDonald at Ohio EPA, [phone], [e-mail], or mailed to Sam MacDonald, Ohio EPA, Division Air Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216-1049