DAPC Program Update SeminarDecember 7, 2010

DAPC RULES UPDATE

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

Ohio Administrative Code = Rules/Regulations

DAPC Makes Rules!

469 Rules in Chapter 3745 of the Administrative Code

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

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

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

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

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

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Emergency Generators Rescinded Rules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)

RULE ACTIONS – 5 YR REVIEWS2005 - 2010

2005 2006 2007 2008 2009 20100

50

100

150

200

250

175

246

15

69

112

140

Rule Actions

5 Yr Reviews

RULE ACTIONS – NEW RULES2005 - 2010

2005 2006 2007 2008 2009 20100

20

40

60

80

100

120

30

24

117

39

17

0

Rule Actions

New Rules

TOTAL RULE ACTIONS2005 - 2010

2005 2006 2007 2008 20090

50

100

150

200

250

300

350

Rule Actions

Number of Rule Actions5 Yr ReviewsNew Rules

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)

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

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.

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

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.

Thank you!