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DAPC Program Update Seminar December 7, 2010

DAPC Rules Update. DAPC Program Update Seminar December 7, 2010. Today's Topics. The Rule Process – an Overview Using the Guidance Documents 2010 – Year in Review In the Hopper SIP Conduit. The Rule Process – an Overview. Ohio Revised Code = Laws/Statutes

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DAPC Program Update Seminar December 7, 2010

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  1. DAPC Rules Update DAPC Program Update Seminar December 7, 2010

  2. Today's Topics • The Rule Process – an Overview • Using the Guidance Documents • 2010 – Year in Review • In the Hopper • SIP Conduit

  3. The Rule Process – an Overview • Ohio Revised Code = Laws/Statutes • Ohio Administrative Code = Rules/Regulations DAPC Makes Rules! 469 Rules in Chapter 3745 of the Administrative Code

  4. The Rule Process – an Overview • Two Paths – 5 year review and Non-5yr • 5 Year Review • What is it? – ORC 119.032 • Determine if rule is.... • Necessary: Changes or No Change • Unnecessary: Rescission • Must review whole rule. • Make content changes, but also; • Fix Typos, Admin Data, IBR’s, etc... • Non-5yr: typically just a content change

  5. The Rule Process – an Overview • 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

  6. The Rule Process – an Overview • 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

  7. Using the Guidance Documents • 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

  8. Using the Guidance Documents • Where can I get this guidance? • J:\SHARED\rules\Rule Guidance • RAS/ ERF Library (aka the top of my file cabinet) • http://www.lsc.state.oh.us/rules/index.html • Contact me...paul.braun@epa.state.oh.us

  9. 2010– Year in Review • New Rules • None • Notable Adoptions • OAC Rule 3745-21-25 – Plastic Composites Manufacturing RACT, Submitted to USEPA 11/10/10 • OAC Rules 3745-14-(01, 06) – Facilitated Transition of Facilities from NOx SIP Call to CAIR • OAC Rule 3745-31-03 – Mid-size printing PBR and Emergency Generators • Rescinded Rules • OAC Chapter 3745-108 – Clean Air Mercury Rules (CAMR)

  10. Rule Actions – 5 yr Reviews2005 - 2010

  11. Rule Actions – New Rules2005 - 2010

  12. Total Rule Actions2005 - 2010

  13. Coming Up in 2011 • 5 Year review: The “Busy Season” continues....... • 215 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)

  14. In the Hopper – What are we working on as of 12/7/10 • GHG Tailoring Rule – Draft Comment Period Ended 8/24 • Total Reduced Sulfur (3745-73): Mostly Minor Changes for 5-yr Review, Public Hearing on 12/20/10 • Sulfur Dioxide Regulations(3745-18): 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

  15. More 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 12/30/09 • 3745-31 PM 2.5 Updates: Changes still being made to draft. Proposal in 2010.

  16. SIP Approvals in 2010 • AAQS Reorganization (Ch 25): Approved 10/26/10, 75 FR 65572 – Consolidation of AAQS from various chapters • Particulate Matter Standards (Ch 17): Approved 10/26/10, 75 FR 65569 – Incorporates 5-yr review changes, does not include Martin Marietta in rule 3745-11 • 3745-31 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

  17. What’s Going on with Rule 3745-21-07 • 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 3745-21-25: Amendments Submitted to SIP on 11/10/10 • The Plan: USEPA will rulemake on OAC rule 3745-21-25. Once that is finished, they will consider rule 3745-21-07.

  18. Thank you!

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