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February 23, 1996

Robert Hodanbosi, Chief
Division of Air Pollution Control
Ohio Environmental Protection Agency
1800 WaterMark Drive
Columbus, Ohio 43266-1049

Dear Mr. Hodanbosi:

I am writing to clarify the Ohio Environmental Protection Agency’s (OEPA’s) role in implementing new National Emission Standards for Hazardous Air Pollutants (NESHAP) prior to the State of Ohio receiving full delegation of the standards.

In a June 27, 1995, letter to you from George Czerniak, the United States Environmental Protection Agency (USEPA) stated that it “agrees to allow OEPA to act as its agent in implementing a NESHAP before the State receives full delegation of the standard.” In acting as an agent of USEPA, OEPA is authorized to take the lead role in implementing all activities under a standard leading towards, but not including, commencing an enforcement action. In the letter, the example of accepting initial notifications was used. However, USEPA considers implementation to also include activities such as the acceptance of notifications for performance tests, notification of compliance status, and test results. Additionally, OEPA is authorized to witness performance tests and perform inspections. If a source has concerns about sending notifications and submissions solely to OEPA, the source may send copies to USEPA in addition to OEPA.

A November 20, 1995, letter from you to David Kee raised several issues about the 112(l) delegation of authority process. Once these issues have been resolved, we expect to grant full delegation of the standards under 112(l) of the Clean Air Act to OEPA. We will continue to work with you towards this goal. Once OEPA receives full delegation, it will also have the authority to commence enforcement actions. If you have any question concerning this letter, please contact Genevieve Nearmyer, of my staff, at (312) 353-4761.

Sincerely yours,

Stephen Rothblatt, Chief
Regulation Development Branch

cc: Sherri Swihart
Division of Air Pollution Control
Ohio Environmental Protection Agency

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This Information Last Modified On: 09/18/2008 03:59 PM