Chapter 3745-49 Miscellaneous Rules

(A) As used in this rule, “rule” means any rule, regulation, or standard, having a general or uniform operation, adopted or promulgated, and enforced by the Ohio environmental protection agency.

(B) Public notice of the intention of the environmental protection agency to consider adopting, amending or rescinding a rule shall be published in the Register of Ohio in accordance with the requirements in Ohio Revised Code 119.03 at least thirty days prior to the date set for a public hearing to consider adopting, amending or rescinding said rule Said public notice shall also be published in the “Ohio EPA Weekly Review.” Said public notice shall consist of a synopsis or a general statement of the subject matter of the proposed rule, amendment, or rule to be rescinded by the Ohio environmental protection agency and the date, time, and place of hearing on said proposed rule.

(C) Public notice of the adoption, amendment or rescission by the environmental protection agency of final rules, shall be published in the Register of Ohio in accordance with the requirements in Ohio Revised Code 119.03 at least ten days prior to the effective date of the said rule, except when the governor, pursuant to division (F) of section 119.03 of the Revised Code, declares an emergency allowing for the immediate adoption, amendment or rescission of a rule. In such case, the environmental protection agency shall, as expeditiously as practicable following the adoption, amendment or rescission of an emergency rule, publish notice of such action in “Ohio EPA Weekly Review” and in the Register of Ohio

(D) The Ohio EPA shall take such additional steps as are reasonably calculated to inform interested persons of the time, date, and place of the public hearing and the subject matter of the proposed rule. However, the giving of such additional notice is not mandatory and the failure to give notice by any means other than as specified in paragraph (B) of this rule shall not in any way invalidate any action which may be taken by the Ohio environmental protection agency.

(E) Copies of the full text of the proposed rule, final rule, amendment, or rule to be rescinded shall be available prior to the effective date of such rule from the Ohio EPA for any person who wishes to obtain a copy. However, failure to furnish such copies to any person shall not invalidate any action of the Ohio EPA in connection therewith.

HISTORY: Eff 2-16-75; 8-24-81; 11-9-84; 12-1-01

Rule promulgated under: RC 119.03

Rule authorized by: RC Chapter 3745.

Rule amplifies: RC Chapter 3704., Chapter 3734., Chapter 6111., Chapter 3745., 119.03(F), Chapter 6109.

ORC 119.032 Review Date: 5-25-03

Each section and each part of each section of these regulations is hereby declared to be an independent section or part of a section and, notwithstanding any other evidence of intent, it is hereby declared to be the controlling intent that if any section, or any provision thereof or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby and it is hereby declared to be the intent that the other provisions of this regulation would have been adopted independently of such section, sections, or parts of a section so held to be invalid.

HISTORY: (former EP-49-02); Eff 8-13-73

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC Chapter 3704., Chapter 3734., Chapter 3745., Chapter 6111.

119.032 Review Date: 5-25-03

(A) Any record, report, or other information obtained by the Ohio Environmental Protection Agency shall be made available to the public, except that upon a showing satisfactory to the Director by any person that such record, report, or other information, or particular part thereof (other than discharge or emission data), if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the Ohio Environmental Protection Agency shall consider such record, report or information, or particular part thereof confidential. Any confidential record, report, or information may be disclosed to other officers, employees, or authorized representatives of the State concerned with carrying out this act or when relevant in any proceeding under these regulations.

(B) To the extent possible, any discharge or emission data made public by the Ohio Environmental Protection Agency shall be presented in such a manner as to show the relationship between measured amounts of emissions and the amounts of such emissions allowable under applicable emission limitations and compliance schedules, or other measures.

HISTORY: (former EP-49-02); Eff 8-13-73

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC Chapter 3704., Chapter 3734., Chapter 3745., Chapter 6111.

119.032 Review Date: 5-25-03

Rescinded and replaced by new 3745-50-29, eff 12-7-04

The Ohio Environmental Protection Agency shall request the Attorney General in writing to commence actions for legal and equitable remedies, or for criminal penalties, or both, whenever there is cause to believe that any person or any source of pollution is violating or has violated any applicable provision of Chapters 3704, 3734, 3745, 6111, or other provision of the Ohio Revised Code administered by the Ohio Environmental Protection Agency or any rule, regulation, or order of the Ohio Environmental Protection Agency promulgated pursuant thereto, and administrative remedies have been or appear likely to be ineffective.

HISTORY: (former EP-49-04); Eff 8-13-73

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC Chapter 3704., Chapter 3734., Chapter 3745., Chapter 6111.

119.032 Review Date: 5-25-03

(A) “Approved control equipment” means diesel retrofit products that have been approved for use by US EPA’s engine retrofit program or that have been deemed to be acceptable by the director.

(B) “Director” means the director of the Ohio environmental protection agency.

(C) “National ambient air quality standards for fine particulates” means health based standards that were promulgated by the United States environmental protection agency on July 18, 1997 (62 CFR 38652, 40 CFR Part 50.7) as the National Ambient Air Quality Standards” (“NAAQS”) for atmospheric concentrations of fine particulates (i.e., particulates in the atmosphere with a nominal aerodynamic diameter of 2.5 micrometers or less, also known as “PM 2.5”).

(D) “Ohio EPA” means the Ohio environmental protection agency or its director, as the context or other law or regulations may require.

(E) “School district” means a city, local or exempted school district as defined in Ohio Revised Code chapter 3311.

(F) “US EPA” means the United States environmental protection agency.

Effective: 02/01/2006

R.C. 119.032 review dates: 02/01/2011

Promulgated Under: 119.03

Statutory Authority: 3704.144

Rule Amplifies: 3704.144

(A) With monies credited to the Clean Diesel School Bus Fund pursuant to 3704.144 of the Revised Code, the director may:

(1) Make grants to Ohio school districts for the purpose of adding approved control equipment on diesel school buses;

(2) Make grants to Ohio school districts for maintaining approved control equipment on diesel school buses and to offset the additional cost of using ultra low sulphur diesel fuel if ultra low diesel fuel is not reasonably available in a particular geographic region; and

(3) Pay costs incurred by the Ohio EPA related to administering the grant program.

(B) Eligible school buses

(1) To be eligible for funding under section 3704.114 of the Revised Code, the bus to be retrofitted must:

(a) Have a diesel engine;

(b) Have a gross vehicle rating of 19,500 pounds or more;

(c) Be a model year 1994 or newer;

(d) Be driven not less than 5000 miles per year; and

(e) Employ only approved control equipment.

(2) Buses privately owned but used exclusively to transport Ohio school children pursuant to an agreement with an Ohio school district are eligible for retrofitting so long as the bus remains in service with an Ohio school district for the useful life of the approved control equipment. Under such circumstances, the grant applicant shall be the school district.

(C) Prioritization

(1) In awarding grants the director shall give higher priority to school districts that serve counties designated by US EPA as nonattainment areas for the “NAAQS” for fine particulates. The director may give higher priority for school districts that serve counties that are designated by US EPA as a nonattainment area for other “NAAQS”.

(2) In awarding grants, the director may give higher priority to those school districts that employ additional environmental measures, such as anti-idling programs, to reduce air pollution from their school bus fleets.

Effective: 02/01/2006

R.C. 119.032 review dates: 02/01/2011

Promulgated Under: 119.03

Statutory Authority: 3704.144

Rule Amplifies: 3704.144

(A) Grant applications and awards

(1) Applicants shall prepare and submit grant applications on forms approved by the director. The application shall be signed by a school district official with the authority to enter into contracts on behalf of the school district.

(2) Grant applications shall be accepted and reviewed collectively in discrete granting rounds. The frequency or number of granting cycles shall be subject to the discretion of the director.

(B) The director shall establish minimum and maximum awards for each round of grant funding.

(C) Grant requirements

(1) Grants awarded to school districts shall require the installation of the approved control equipment as expeditiously as practicable.

(2) Grants awarded to school districts shall require the implementation of an adequate program for routine maintenance and repair of the approved control equipment.

(3) Grants awarded to school districts shall include provisions for periodic reporting and verification that the approved control equipment was installed expeditiously in accordance with the grant agreement.

(4) The director may hold in reserve a percentage of the grant until such time as the grant recipient demonstrates substantial progress in retrofitting buses under the terms of the grant agreement.

(5) The director shall not make future grant awards to a school district if he determines that the school district materially failed to comply with the terms of a prior grant award under this section and has failed to correct said deficiencies to the satisfaction of the director.

Effective: 02/01/2006

R.C. 119.032 review dates: 02/01/2011

Promulgated Under: 119.03

Statutory Authority: 3704.144

Rule Amplifies: 3704.144