Chapter 3745-79 Small Business Technical Assistance Program

3745-79-01 Definitions.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (D) of this rule titled "Referenced materials."]

(A) Except as otherwise provided in this rule, the definitions in rule 3745-15-01 of the Administrative Code shall apply to this chapter.

(B) "Small business stationary source" means any building, structure, facility, or installation that emits any federally regulated air pollutant and is owned or operated by a person who employs one hundred or fewer individuals; is a small business concern as defined in the Small Business Act; is not a major stationary source as defined in paragraph (j) of Section 302 of the Clean Air Act; does not emit fifty tons or more per year of any federally regulated air pollutant or any hazardous air pollutant, and emits less than seventy-five tons per year of all federally regulated air pollutants. For the purposes of this definition, the number of individuals employed will be based upon a full-time equivalent employee calculation. Total annual hours worked by all employees, including contract employees, divided by two thousand, will equal the number of individuals employed by the owner or operator of a source.

(C) "Small business technical and environmental compliance assistance program" means the program established pursuant to section 3704.18 of the Revised Code.

(D) Referenced materials. This chapter includes references to certain matter or materials. The text of the referenced materials is not included in the rules contained in this chapter. Information on the availability of the referenced materials as well as the date of, and/or the particular edition or version of the material is included in this rule. For materials subject to change, only the specific versions specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The referenced materials are available as follows:

(a) Clean Air Act. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the Act as amended in 1990 is also available in electronic format at www.epa.gov/oar/caa/. A copy of the Act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(b) Code of Federal Regulations. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at www.gpoaccess.gov/cfr/index.html. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(c) Ohio EPA weekly review. Information and copies may be obtained by writing to: Ohio EPA Legal Department, 122 S. Front Street, Columbus, Ohio, 43125. The full text of the Ohio EPA Weekly Review is also available in electronic format at www.epa.ohio.gov/legal/pubnots.aspx. The Ohio EPA Weekly Review compilations are also available for inspection and copying at most Ohio public libraries and "The State Library of Ohio."

(d) Small Business Act. Information and copies may be obtained by writing to : "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the Act is also available in electronic format at www.sba.gov/content/small-business-act. A copy of the Act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(e) United States Code. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the United States Code is also available in electronic format at www.gpoaccess.gov/uscode/. The USC compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(2) Referenced materials.

(a) Clean Air Act; contained in 42 USC 7401 to 42 USC 7671q ; "The Public Health and Welfare-Air Pollution Prevention and Control;" published February 1, 2010 in Supplement III of the 2006 edition of the United States Code.

(b) Section 302(j) of the Clean Air Act; contained in 42 USC 7642 ; "Definitions;" published February 1, 2010 in Supplement III of the 2006 edition of the United States Code.

(c) Small Business Act; contained in 15 USC 632 ; "Small-business concern;" published February 1, 2010 in Supplement III of the 2006 edition of the United States Code.

Effective: 02/16/2012
R.C. 119.032 review dates: 11/30/2011 and 11/30/2016
Promulgated Under: 119.03
Statutory Authority: 3704.036(B)
Rule Amplifies: 3704.036(A) , 3704.036(B)
Prior Effective Dates: 4/20/92, 10/27/06

3745-79-02 Registration.

Any owner or operator whose building, structure, facility, or installation meets the definition of a small business stationary source may register with the Ohio environmental protection agency as a small business stationary source. Such registration will entitle the registrant to receive all notices issued pursuant to the small business technical and environmental compliance assistance program.

R.C. 119.032 review dates: 11/30/2011 and 11/30/2016
Promulgated Under: 119.03
Statutory Authority: 3704.036(B)
Rule Amplifies: 3704.036(A) , 3704.036(B)
Prior Effective Dates: 04/20/94, 10/27/06

3745-79-03 Notices relating to rights and obligations.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (D) of rule 3745-79-01 of the Administrative Code titled Referenced materials.]

(A) If public notice is not otherwise required under Chapter 3745-47 or 3745-49 of the Administrative Code, the director will give public notice of each proposed regulation or standard relevant to the small business technical and environmental compliance assistance program to be adopted or issued under the Clean Air Act and under Chapter 3704. of the Revised Code. Such notice shall be in the form and manner described in paragraph (B) of this rule.

(B) The public notices required pursuant to paragraph (A) of this rule shall be published at least once in the english language at least thirty days prior to the date of adoption of such regulation or standard, in the register of Ohio. The public notice shall also be published in the Ohio EPA Weekly Review and, in addition, shall be distributed to each individual registered under rule 3745-79-02 of the Administrative Code. The public notice shall consist of a synopsis of the proposed regulation or standard or, in the case of guidance issued, the topics covered, and, if a public hearing is required by law, the date, time, and place of public hearing on the proposed regulation or standard.

(C) The director shall take such additional steps as are reasonably calculated to inform owners and operators of small business stationary sources of proposed regulations and standards relevant to them. However, the giving of such additional notice by any means other than as specified in paragraph (B) of this rule shall not in any way invalidate any action that may be taken by the director with regard to any such regulation or standard.

(D) Copies of any proposed regulations and standards noticed pursuant to paragraph (B) of this rule shall be available from the date of the notice from the director for any person who wishes to obtain a copy. However, failure to furnish such copies to any person shall not invalidate any action that may be taken by the director with regard to the guidance on any such regulation or standard.

Effective: 02/16/2012
R.C. 119.032 review dates: 11/30/2011 and 11/30/2016
Promulgated Under: 119.03
Statutory Authority: 3704.036(B)
Rule Amplifies: 3704.036(A) , 3704.036(B)
Prior Effective Dates: 4/20/94, 10/27/06