DAPC Program Update Seminar December 7, 2010 DAPC R ULES U PDATE

T ODAY ' S T OPICS The Rule Process – an Overview Using the Guidance Documents 2010 – Year in Review In the Hopper SIP Conduit

T HE R ULE P ROCESS – AN O VERVIEW Ohio Revised Code = Laws/Statutes Ohio Administrative Code = Rules/Regulations DAPC Makes Rules! 469 Rules in Chapter 3745 of the Administrative Code

T HE R ULE P ROCESS – AN O VERVIEW Two Paths – 5 year review and Non-5yr 5 Year Review What is it? – ORC Determine if rule is.... Necessary: Changes or No Change Unnecessary: Rescission Must review whole rule. Make content changes, but also; Fix Typos, Admin Data, IBRs, etc... Non-5yr: typically just a content change

T HE R ULE P ROCESS – AN O VERVIEW Typical Rule Schedule (180 – 255 Days) Content Development – Prior to rule path Draft Rule (IP) Comment Period Proposal Period Public Hearing JCARR jurisdiction - 65 days Regular, 90 Days No-change JCARR = Joint Committee on Agency Rule Review JCARR jurisdiction includes JCARR hearing No public hearing for no-change rules

T HE R ULE P ROCESS – AN O VERVIEW Typical Rule Path – continued Final File Package Package Review and Sign-off (15-30 days) Final file (can be done first day after JCARR jurisdiction is over) First possible effective date is 10 days after final filing Revising (if necessary) If change necessary within the first 35 days of JCARR jurisdiction Does not lengthen timeframe Refiling (if necessary) If change necessary after the first 35 days of JCARR jurisdiction Could lengthen timeframe considerably (30 day JCARR extension) Also Emergency and No-Change

U SING THE G UIDANCE D OCUMENTS DAPC has developed many guidance documents Rule Generating and Processing Guidance Rule Drafting and Formatting Guidance Rule package document templates Additional outside guidance available LSC Rule Drafting Manual RAS/ERF Training Manuals

U SING THE G UIDANCE D OCUMENTS Where can I get this guidance? J:\SHARED\rules\Rule Guidance RAS/ ERF Library (aka the top of my file cabinet) Contact

2010 – Y EAR IN R EVIEW New Rules None Notable Adoptions OAC Rule – Plastic Composites Manufacturing RACT, Submitted to USEPA 11/10/10 OAC Rules (01, 06) – Facilitated Transition of Facilities from NOx SIP Call to CAIR OAC Rule – Mid-size printing PBR and Emergency Generators Rescinded Rules OAC Chapter – Clean Air Mercury Rules (CAMR)

R ULE A CTIONS – 5 YR R EVIEWS

R ULE A CTIONS – N EW R ULES

T OTAL R ULE A CTIONS

C OMING U P IN Year review: The Busy Season continues Rules Started in 2010 (Most not Done Yet) 121 Rules to Start in 2011 New Rules CTG RACT – Phase 3 (New CTG rules for Automotive Industry, Industrial Adhesives, Boat Manufacturing, Misc Metal/Plastic Parts)

I N THE H OPPER – W HAT ARE WE WORKING ON AS OF 12/7/10 GHG Tailoring Rule – Draft Comment Period Ended 8/24 Total Reduced Sulfur ( ): Mostly Minor Changes for 5-yr Review, Public Hearing on 12/20/10 Sulfur Dioxide Regulations( ): Removing Shut- down Facilities as Part of 5 yr review, Public Hearing 1/7/11 About a Dozen other packages for 5-year review, Mostly minor changes

M ORE ON - GOING ITEMS Cleveland VOC RACT (Ch 21): Phase 3 package to be sent to IP draft mid December, 2009 Title V 5 yr Review (Ch 77): Proposed as of 11/24/09, Public hearing on 12/30/ PM 2.5 Updates: Changes still being made to draft. Proposal in 2010.

SIP A PPROVALS IN 2010 AAQS Reorganization (Ch 25): Approved 10/26/10, 75 FR – Consolidation of AAQS from various chapters Particulate Matter Standards (Ch 17): Approved 10/26/10, 75 FR – Incorporates 5-yr review changes, does not include Martin Marietta in rule NSR Reform: Originally submitted in Oct. 2004, approved 2/25/10, 75 FR 8496 VOC RACT – Various (Ch 21): Originally Submitted is Stages Back to 2000, approved 7/21/10, 75 FR 34939

W HAT S G OING ON WITH R ULE Effective 2/18/08 Submitted to USEPA 4/7/08 Additional Information Submitted on 4/27/10 and 10/25/10: 110(l) Demonstration OAC Rule : Amendments Submitted to SIP on 11/10/10 The Plan: USEPA will rulemake on OAC rule Once that is finished, they will consider rule