What's New and Updates 

Adobe Acrobat Reader is required to view the [PDF] publications. If you do not have Adobe Acrobat Reader, click here to download it for free.

July 16, 2015
  • Stakeholder Input Requested on OAC Rules 3745-26-01 and 3745-26-12 – Automobile Inspection and Maintenance Program

    Ohio EPA is requesting stakeholder input on potential amendments to Ohio’s Automobile Inspection and Maintenance (I/M) program (also known as E-Check) in Ohio Administrative Code (OAC) chapter 3745-26. The program currently tests cars in seven counties in Northeast Ohio (Cuyahoga, Geauga, Lake, Lorain, Medina, Summit, and Portage). These rules fulfill a requirement in the Clean Air Act and are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standard for ozone in the Cleveland/Akron/Lorain Metropolitan area.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request
    . Ohio EPA will be accepting comments on these potential changes through Tuesday, August 18, 2015.

July 13, 2015
  • Proposal of Amended Rules – OAC Chapter 3745-21 - VOC RACT Rules

    The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) chapter 3745-21, Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards” to the Joint Committee on Agency Rule Review (JCARR). The rules in this chapter set limits as well as monitoring and reporting requirements for emissions of volatile organic compounds (VOCs) from manufacturing processes.

    Included for comment along with the amended rules are draft documents associated with OAC rule 3745-21-26. Two of the documents, prepared according to the requirements of Section 110(l) of the Clean Air Act, establish offsets for modified emission limits in the rule associated with pleasure craft and architectural aluminum coatings. The third draft presents a 5 percent RACT equivalency analysis for maintaining a 3 gallon/day exemption for facilities coating miscellaneous metal or plastic products in certain areas of the state. Additional information regarding these documents can be found in the synopsis of changes.

    Ohio EPA will be holding a public hearing on the amended rules on Tuesday, August 18, 2015 at 10:30 a.m. at Ohio EPA Central Office, Columbus, Ohio. Please see the public hearing notice, response to comments, proposed rule language and the synopsis of changes for information on the changes and how to submit comments/attend the hearing.

July 10, 2015
  • Adoption of Amended Rules in OAC Chapter 3745-15 - General Provisions Rules

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-15, "General Provisions on Air Pollution Control.” The general provisions include such things as: the authority of the Director of Ohio EPA to request the collection and submission of emission information, the measurement of emissions of air contaminants, the requirements for the determination of a “De Minimis” source of air pollution, the requirements in the event of equipment shut-down caused by malfunction or maintenance, air pollution nuisances and other administrative rules.

    The amended rules will be effective as of Monday, July 20, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended Nov. 4, 2014, a proposal comment period which ended June 12, 2015 and a public hearing held on June 12, 2015, at Ohio EPA central office in Columbus, Ohio.

July 1, 2015
  • Availability of Draft Rules for Comment – Motor Vehicle Anti-Tampering Rules, OAC

    Chapter 3745-80

    The Division of Air Pollution Control (DAPC) has completed a review of the rules in Ohio Administrative Code (OAC) Chapter 3745-80, “Motor Vehicle Anti-Tampering Rules."  The rules in this chapter describe and prohibit acts of tampering with vehicle pollution control devices and provide procedures for training anti-tampering inspectors.


    DAPC is requesting comments on the amended rule language, and the associated business impact analysis (BIA) before DAPC proposes the amended rules to the joint committee on agency rule review (JCARR). DAPC will be accepting comments on these documents through Tuesday, August 4, 2015. Please see the public notice for information on how to submit comments.

     

  •  Availability of Draft Rules for Comment – Transportation Conformity Rules, OAC Chapter 3745-101

    The Division of Air Pollution Control (DAPC) has completed a review of various rules in Ohio Administrative Code (OAC) Chapter 3745-101,  “Transportation Conformity Rules." On May 1, 2015, a series of memorandums of understanding (MOUs) which will replace Ohio’s transportation conformity rules in OAC Chapter 3745-101 became effective as a part of Ohio’s State Implementation Plan (SIP). The MOU’s replace the rules in this chapter, therefore the  rules in this chapter will no longer be necessary. For this reason, Ohio EPA intends to rescind all of the rules in this chapter as they would no longer provide added value to the citizens of Ohio.

     

    DAPC is requesting comments on the amended rule language, and the associated business impact analysis (BIA) before DAPC proposes the amended rules to the joint committee on agency rule review (JCARR). DAPC will be accepting comments on these documents through Tuesday, August 4, 2015. Please see the public notice for information on how to submit comments.

June 30, 2015
  • Draft Revisions to Statewide Regional Haze SIP Available for Comment/Public Hearing Notice

    Ohio EPA has released a draft copy of the revised State Implementation Plan (SIP) for the control of regional haze. The revised plan replaces reliance on the Clean Air Interstate Rules (CAIR) program with the Cross State Air Pollution Rule (CSAPR). Ohio EPA plans to request U.S. EPA revise Ohio’s approved Regional Haze SIP to allow for a CSAPR to replace CAIR as an acceptable alternative to Best Available Retrofit Technology (BART) for Ohio’s EGUs.

    Ohio EPA will be holding a public hearing on the amended plan on Wednesday, August 5, 2015, at 10:30 a.m. at Ohio EPA Central Office, Columbus, Ohio. Please see the public hearing notice for information on the changes and how to submit comments/attend the hearing.

June 15, 2015
  • Adoption of Amended Rules in OAC Chapter 3745-111 - Voluntary ERC Banking Program

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) 3745-111, “Voluntary ERC Banking Program.” The Emission Reduction Credit (ERC) program establishes a voluntary statewide ERC Banking Program that creates a consistent method for generating and transferring ERCs for future use in offsetting emissions in Ohio's nonattainment areas (PM 2.5 and eight-hour ozone). The ERC Banking System tracks the  generation, transfer and use of ERCs for nitrogen oxides (NOx), volatile organic compound (VOC), sulfur dioxide (SO2), fine particulate (PM2.5), carbon monoxide (CO) and lead (Pb).

    The rules will be effective as of Thursday, June 25, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended Nov. 24, 2014, a proposal comment period which ended May 20, 2015 and a public hearing held on May 13, 2015, at Ohio EPA central office in Columbus, Ohio.

June 4, 2015
  • Exension of Comment Period and New Hearing - Availability of Draft Attainment Demonstration and Rules for Comment - Sulfur Dioxide Regulations, One-hour Sulfur Dioxide Standard and OAC Chapter 3745-18

    The Division of Air Pollution Control (DAPC) is announcing the extension of the comment period and a change in the hearing schedule to receive comments on various rules in Ohio Administrative Code (OAC) Chapter 3745-18, “Sulfur Dioxide Regulations” and Ohio’s Demonstration for Attainment of the One-hour Sulfur Dioxide Standard in Nonattainment Areas.

    On May 22, 2015, Ohio EPA announced a draft comment period and three public hearings to receive comments on the above mentioned draft rules and attainment demonstration. Please see the information dated May 22, 2015, below for information on the draft rules and the original hearing schedule. With this announcement today, Ohio EPA is giving notice of the cancellation and rescheduling of the July 1, 2015, public hearing in Parma Heights, Ohio, and the extension of the comment period.


    The public hearing originally scheduled for July 1, 2015, in Parma Heights, Ohio, is hereby cancelled and rescheduled as follows:

    July 9 at 3:00 p.m.
    Morley Library
    184 Phelps St.
    Painesville, OH 44077

    Please note that the hearings scheduled for June 29, 2015, in Pomeroy, Ohio, and June 30, 2015 in Steubenville, Ohio, will be held as originally scheduled, however, the extended comment period includes comments for all of the non-attainment areas.

    DAPC is requesting comments on the amended rule language and the associated business impact analysis (BIA) before DAPC proposes the amended rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will now be accepting comments on these documents through Thursday, July 9, 2015. Please see the revised public notice for information on the hearing location for the July 9, 2015, hearing and how to submit comments. For information on the draft rules and how to attend the June 29 or June 30 hearing, please see the information below posted under the date May 22, 2015.

June 1, 2015
  • Stakeholder Input Requested on OAC Rules 3745-31-34 and 3745-77-11 - GHG Tailoring Rules

    Ohio EPA is requesting stakeholder input on potential amendments to Ohio’s greenhouse gas (GHG) tailoring rules, Ohio Administrative Code (OAC) Rule 3745-31-34 and 3745-77-11. These rules contain the requirements for the permitting of major sources of greenhouse gas emissions. "Greenhouse gases" subject to regulation as defined in 40 CFR Part 51.166 consist of the aggregate group of six greenhouse gases: carbon dioxide, nitrogen oxide, methane, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride." A “major source” of greenhouse gases are those sources emitting any of the six gases individually or in combination exceeding a carbon dioxide equivalent quantity established in these rules.


    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Thursday, July 2, 2015.

  • Stakeholder Input Requested on Total Reduced Sulfur Rules - OAC Ch. 3745-73

    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Rule 3745-73. These rules contain the requirements for the control of emissions of total reduced sulfur from Kraft Pulp Mills. A Kraft Pulp Mill is a wood pulping mill that uses an alkaline sulfide solution containing sodium hydroxide and sodium sulfide (white liquor) in the wood digesting process. These sulfur emissions are precursors to sulfur dioxide and particulate matter for which National Ambient Air Quality Standards (NAAQS) have been established under the Clean Air Act.

     

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Thursday, July 2, 2015.

May 28, 2015
  • Proposal of Amended OAC Rule 3745-104-39 - Assertion of Claims of Trade Secret in the RMP Program

    The Division of Air Pollution Control (DAPC) has proposed amended Ohio Administrative Code (OAC) rule 3745-104-39 to the Joint Committee on Agency Rule Review (JCARR). The rules in OAC Chapter 3745-104 require facilities that store and/or use any of the substances listed in OAC rule 3745-104-04 above a threshold level, to assess the potential risks posed by an accidental release from the facility and to develop a plan that minimizes consequences of such a release. Specifically, OAC rule 3745-104-39 addresses requirements for facilities who are required to report but wish to claim as trade secret all or a portion of their reportable substances.

    Ohio EPA will be holding a public hearing on the amended rules on Tuesday, July 7, 2015, at 10:30 a.m. at Ohio EPA Central Office, Columbus, Ohio. Please see the public hearing notice, response to comments, proposed rule language and the synopsis of changes for information on the changes and how to submit comments/attend the hearing.

May 22, 2015
  • Availability of Draft Attainment Demonstration and Rules for Comment - Sulfur Dioxide Regulations, One-hour Sulfur Dioxide (SO2) Standard and OAC Chapter 3745-18

    On April 3, 2015, the Division of Air Pollution Control (DAPC) submitted to U.S. EPA Ohio’s Nonattainment Area State Implementation Plan and Demonstration of Attainment for One-hour SO2 Nonattainment Areas. This plan addresses the 2010 One-hour SO2 National Ambient Air Quality Standard (NAAQS). These areas were designated as nonattainment areas under provisions contained in the Clean Air Act (CAA). The CAA requires states with SO2 nonattainment areas to submit a plan within 18 months of the effective date of the designations detailing how the SO2 standard will be attained by Oct. 4, 2018.

     

    DAPC has also completed a review of various rules in Ohio Administrative Code (OAC) Chapter 3745-18, “Sulfur Dioxide Regulations." The rules in this chapter regulate emissions of sulfur dioxide from large stationary sources in the state of Ohio. The amendments being proposed for these rules are intended to help Ohio meet the new 2010 One-hour SO2 standard as part of the attainment plan.


    As required, Ohio EPA will be holding public hearings for this attainment plan at three locations as follows: June 29, 2015, in Pomeroy, Ohio; June 30, 2015, in Steubenville, Ohio; and July 1, 2015, in Parma Heights, Ohio. Interested parties may present comments on both the plan and draft rules at the hearings or in writing during the comment period which ends Wednesday, July 1, 2015. For information on the times and locations and how to attend and give testimony, please see the public notice. Please see the draft rule language, daft BIA document, rule synopsis and public notice for information on the draft rules and how to submit comments.

May 7, 2015
  • Stakeholder Input Requested on NOx RACT Rule
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Rule 3745-110-03. This rule is part of OAC Chapter 3745-110 which contains regulations for emissions of nitrogen oxides (NOx) from very large, large, mid-size, and small boilers, stationary combustion turbines or stationary internal combustion engines as defined in OAC rule 3745-110-01, and boilers located at facilities that emit or have the potential to emit a total of more than 100 tons per year of NOx emissions from all sources at that facility. NOx is a precursor compound which, along with volatile organic compounds (VOCs), can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Tuesday, June 9, 2015.
April 20, 2015
  • Availability of Draft Rules for Comment - Open Burning Rules, OAC Chapter 3745-19
    The Division of Air Pollution Control (DAPC) has completed a review of the rules in Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Regulations." The rules in this chapter contain the requirements for open burning in the state of Ohio. Ohio EPA has identified a need to clarify the approved purposes for open burning in OAC Rules 3745-19-03 and 3745-19-04. The amendments are intended to clarify that prairie and grassland management and management of invasive species are valid reasons for which a permit to perform open burning may be issued under the rules.

    DAPC is requesting comments on the amended rule language, and the associated business impact analysis (BIA) before DAPC proposes the amended rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Wednesday, May 20, 2015. Please see the public notice, draft rule amendments, draft BIA document, and rule synopsis for information on the changes and how to submit comments.
April 6, 2015
  • Proposal Submission of Attainment Demonstration for the One-hour Sulfur Dioxide (SO2) Standard to U.S. EPA
    On April 4, 2015, Ohio EPA submitted our State Implementation Plan (SIP) and Demonstration of Attainment for the One-hour SO2 standard for three Nonattainment Areas. Reductions in SO2 emissions from power plants and other sources will bring these areas into attainment. Ohio EPA will be developing regulations for the emission limits required under this SIP and providing an opportunity for the public to comment on those regulations and this SIP submittal.
March 26, 2015
  • Availability of Ohio EPA Comments on U.S. EPA Proposed 2015 Ozone Standard
    On Dec. 17, 2014 (79 FR 75234), U.S. EPA proposed to lower the eigh-hour ozone standard from 0.075 ppm to 0.065-0.070 ppm (and proposed to accept comments on a standard as low as 0.060 ppm). U.S. EPA also proposed to extend the ozone season an additional month in the state of Ohio. Ohio EPA provide the follow comments and appendices  to U.S. EPA on March 17, 2015, regarding this proposal.
March 13, 2015
  • Adoption of Amended OAC Rules 3745-14-01 and 3745-14-03, NOx Budget Trading Program
    Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745-14-01 and 3745-14-03. These rules are part of the NOx Budget Trading Program. These rules contain definitions used in this chapter, information on the version and availability of items referenced in this chapter, and the permitting requirements for affected units.

    The rules will be effective as of Monday, March 23, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended June 13, 2014, a proposal comment period which ended Feb. 12, 2015 and a public hearing held on Feb. 12, 2015, at Ohio EPA central office in Columbus, Ohio.
March 12, 2015
  • Availability of Draft Redesignation Request for Partial Clermont County 2010 SO2 Nonattainment Area
    Ohio EPA is providing for public comment a draft redesignation and maintenance plan for the Ohio portion, Pierce Township in Clermont County, of the Campbell-Clermont KY-OH nonattainment area for the 2010 one-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). Air quality monitoring data collected between 2012 and 2014 in the nonattainment area demonstrates attainment of the NAAQS, and there is evidence that the improved air quality is due to permanent, enforceable emission reductions. In addition, existing requirements are sufficient to maintain the 2010 one-hour SO2 standard in this area at least 10 years into the future. Comments will be accepted through April 16, 2015, and a public hearing will be held in Pierce Township on the same day. For information on how to submit comments or attend the hearing please refer to the public notice.
Feb. 12, 2015
  • Stakeholder Input Requested on Sulfur Dioxide Regulations Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-18, "Sulfur Dioxide Regulations." The rules in this chapter contain the requirements for the prevention of emissions of sulfur dioxide into the atmosphere from fuel burning and process equipment. The rules are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) as required by the Clean Air Act.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. The Division of Air Pollution Control (DAPC) will be accepting comments on these potential changes through Tuesday, March 17, 2015.
Feb. 3, 2015
  • Availability of Draft Rules for Comment - Low Reid Vapor Pressure Fuel Requirements Rules, OAC Chapter 3745-72
    The Division of Air Pollution Control (DAPC) has completed a review of the rules in Ohio Administrative Code (OAC) Chapter 3745-72, “Low Reid vapor pressure (RVP) fuel requirements" as required under Ohio Revised Code (ORC) 119.032 (five-year review). The rules in this chapter contain the requirements for the use of low RVP fuels in the Cincinnati/Dayton/Springfield areas during the annual ozone season, June 1-September 15.

    DAPC is requesting comments on the amended rule language, and the associated business impact analysis (BIA) before DAPC proposes the amended rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Friday, March 6, 2015. Please see the public notice, rule synopsis, draft BIA and draft rule language for information on how to submit comments.
Feb. 2, 2015
  • Adoption of Amended Rules in OAC Chapter 3745-26, Automotive Inspection and Maintenance Program
    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-26. "Automotive Inspection and Maintenance Program," also known as E-Check. The rules in this chapter contain the automotive inspection and maintenance (I/M) program in use in the Cleveland/Akron metropolitan area and are a part of Ohio's State Implementation Plan (SIP) under Section 110 of the Clean Air Act (CAA).

    The rules will be effective as of Thursday, Feb. 12, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended Oct. 24, 2014, a proposal comment period which ended Jan. 7, 2015, and a public hearing held on Jan. 7, 2015, at Ohio EPA Northeast District Office in Twinsburg, Ohio.
  • Adoption of Amended Rules in OAC Chapter 3745-114, "Toxic Air Contaminants"
    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-114. "Toxic Air Contaminants." This rule was promulgated in response to requirements in Senate Bill 265 of the 126th legislature. This rule fulfills, but does not exceed, the requirement in the senate bill for Ohio EPA to publish, in rule form, a list of toxic compounds for which air pollution modeling is required for sources requiring modeling as a part of their permitting requirements under OAC chapters 3745-31 or 3745-77.

    The rules will be effective as of Thursday, Feb. 12, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended Sept. 19, 2014, a proposal comment period which ended Jan. 6, 2015, and a public hearing held on Jan. 6, 2015 in Columbus, Ohio.
Jan. 6, 2015
  • Proposal of Amended Rules - OAC Rules 3745-14-01 and 3745-14-03 - NOx Budget Trading Program Rules
    The Division of Air Pollution Control (DAPC) has proposed amended Ohio Administrative Code (OAC) rules 3745-14-01 and 3745-14-03 to the Joint Committee on Agency Rule Review (JCARR). These rules are associated with the NOx Budget Trading Program. These rules contain definitions used in this chapter, information on the version and availability of items referenced in this chapter and the permitting requirements for affected units.

    Ohio EPA will be holding a public hearing on the amended rules on Thursday, Feb. 12, 2015, at 10:30 a.m. at Ohio EPA Central Office, Columbus, Ohio. Please see the public hearing notice, response to comments, proposed rule language and the synopsis of changes for information on the changes and how to submit comments/attend the hearing. 
Jan. 5, 2015
  • Stakeholder Input Requested on NOx and VOC Emission Statement Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-24, "NOx and VOC Emission Statements." The rules in this chapter contain the requirements for annual emissions reporting from facilities that emit 25 tons or more of nitrogen oxides (NOx) or 25 tons or more of volatile organic compounds (VOC) during the calendar year and is located in a county designated as nonattainment for the National Ambient Air Quality Standards (NAAQS)for ozone. 

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Friday, Feb. 6, 2015.

  • Stakeholder Input Requested on Air Pollution Control Fees Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-78, "Air Pollution Control Fees." The rules in this chapter contain the requirements for owners or operators of sources subject to the Title V permit program pursuant to rule 3745-77-02 of the Administrative Code, including facilities with a potential to emit any one regulated air pollutant of a quantity greater than or equal to 100 tons per year, or any one hazardous air pollutant (HAP) greater than or equal to 10 tons per year, or any combination of HAPs greater than 25 tons per year, to submit a fee emission report that quantifies the actual emission data for particulate matter, sulfur dioxide, organic compounds, nitrogen oxides and lead (but shall not also be considered particulate matter).

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. The Division of Air Pollution Control (DAPC) will be accepting comments on these potential changes through Friday, Feb. 6, 2015.
Jan. 2, 2015
  • Stakeholder Input Requested on Potential Amendment of State Emergency Response Commission (SERC) Rules
    On behalf of the director of emergency response, Ohio EPA is requesting stakeholder input on the potential amendment of various rules in Ohio Administrative Code (OAC) Chapter 3750, The rules in the rulemaking include the following:
    3750-15-(01, 02, 05, 10) – The rules in this chapter contain the procedural requirements for the SERC.
    3750-25-(12, 13, 20) – These rules contain requirements for emergency release notifications.
    3750-30-(15, 25, 27) – These rules contain requirements for hazardous chemical reporting.
    3750-50-(01, 07, 08, 09, 15, 25) – These rules contain requirements for the collection of feed, funding of program and issuance of grants associated with the SERC program.
    3750-80-(01, 02, 03) – These rules contain the requirements for issuing variances to local emergency planning commissions (LEPCs)
    3750-85-(01, 02, 03) – These rules contain the requirements for issuing variances to political subdivisions.

    The Division of Air Pollution Control (DAPC) will be reviewing these rules to fulfill the requirements of ORC 119.032 (five-year review).

    Prior to proceeding with this rulemaking, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Tuesday, Feb. 3, 2015.

  • Extension of Comment Period for Draft BIA Document - NSR Permitting Program Rules, OAC Chapter 3745-31
    On Nov. 13, 2014, the Division of Air Pollution Control (DAPC) made available a draft business impact analysis (BIA) document for the draft amended rules in Ohio Administrative Code (OAC) Chapter 3745-31, “Permits-to-Install New Sources and Permit-to-Install and Operate Program." In response to a comment received on the BIA document, DAPC has modified our answer to Question #4 of the document, clarifying that the draft rules do not exceed the federal requirements.

    DAPC is extending the comment period on the BIA document and requesting comments on the amended question before DAPC proposes the amended rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will now be accepting comments on the BIA document through Friday, Jan. 16, 2015. Please see the modified BIA document and public notice for information on how to submit comments on the modified BIA. For information on the original draft BIA, please see the information on the draft rules dated Nov. 13, 2014, on DAPC's regulations webpage under the interested parties review tab. 
Dec. 19, 2014
  •  BASF Corporation - Issuance of Draft Permit-to-Install and Maximum Available Control Technology (MACT) Approval

The BASF Corporation, located at 120 Pine St. in Elyria, Ohio, was issued a draft permit including a Maximum Available Control Technology (MACT) approval. The MACT Approval will become effective in 30 days after the publication of the public notice if no adverse comments are received. The permit will become effective after it is issued as a final action of the Director no sooner than 30 days after the publication of the public notice and comments are taken into consideration.

Permit Description: Cathode materials manufacturing includes metal carbonate process operations, metal hydroxide process operations, mixed materials process operations and cleanup operations. Except for two kilns (cathode-8 & cathode-14), each process operation has a primary control device filter to control emissions of particulates and hazardous air pollutants (nickel, manganese and cobalt compounds). Cathodes 3, 4, 6, 7, 9, 10, 11, 12, 13 and 15 have a secondary control after filter to control emissions of particulates and hazardous air pollutants.

Comments and questions should be directed to Christine McPhee, Ohio EPA DAPC, Northeast District Office, 2110 East Aurora Road, Twinsburg, OH 44087 or (330) 425-9171.

Dec. 16, 2014
  • Availability of Draft BIA Document for Comment - “Accidental Release Prevention Program Rules”

    The Division of Air Pollution Control (DAPC) has completed a review of the rules in Ohio Administrative Code (OAC) Chapter 3745-104 as required under Ohio Revised Code (ORC) 119.032 (five-year review). The rules in this chapter contain the requirements for Ohio’s Accidental Releases Prevention Program. This program requires facilities that store and/or use any of the substances listed in OAC rule 3745-104-04 above a threshold level, to assess the potential risks posed by an accidental release from the facility and to develop a plan that minimizes consequences of such a release. Upon completion of our review, Ohio EPA finds these rules remain necessary but are without need of change.

    DAPC has prepared a draft business impact analysis (BIA) form for the rules in this chapter. Ohio EPA is requesting comments on this form prior to proposing these rules and the BIA to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on this form through Friday, Jan. 16, 2015. Please see the public notice for information on how to submit comments.
Dec. 15, 2014
  • Adoption of Amended Rules - SERC/EMA Administrative Rules

    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA has adopted amended Ohio Administrative Code OAC rules 3750-10-01, 3750-20-70, and 3750-75-05. These three rules are administrative rules containing definitions, establishing the SERC and its committees, and containing criteria for the placement of lock boxes. The amendments are being made to address issues identified during a review to fulfill the requirements of ROC 119.032 (five-year review).

    The rules will be effective as of Thursday, Dec. 25, 2014 (see Public Notice of Adoption). The rules are being adopted after a comment period which ended Friday, Nov. 14, 2014, and a public hearing held on Nov. 14, 2014 in Columbus, Ohio. No comments were received.
Nov. 21, 2014
  • Adoption of Amended Rules in OAC Chapter 3745-25

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-25. "Emergency Episodes and Ambient Air Quality Standards." The rules in this chapter establish the ambient air quality standards and emergency episode standards which the state of Ohio will use to attain and maintain the National Ambient Air Quality Standard (NAAQS) as required under Section 110 of the Clean Air Act (CAA). The amendments to this chapter were made in conjunction with a review performed consistent with the requirements of ORC 119.032 (five-year review).

    The rules will be effective as of Monday, Dec. 1, 2014 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended Aug. 22, 2014, a proposal comment period which ended Oct. 21, 2014, and a public hearing held on Oct. 21, 2014, in Columbus, Ohio. No comments were received.
Nov. 13, 2014
  • Availability of Draft Rules for Comment - NSR Permitting Program Rules, OAC Chapter 3745-31

    The Division of Air Pollution Control (DAPC) has completed a review of the rules in Ohio Administrative Code (OAC) Chapter 3745-31, “Permits-to-Install New Sources and Permit-to-Install and Operate Program" as required under Ohio Revised Code (ORC) 119.032 (five-year review). The rules in this chapter provide requirements for installation, modification and operation of new and existing air contaminant sources at facilities that are not subject to OAC Chapter 3745-77 of the Administrative Code. This chapter also provides requirements for installation and modification of air contaminant sources at facilities that are, or will be, subject to Chapter 3745-77 of the Administrative Code, including the requirements to apply for and receive a Permit-to-Install or a Permit-to-Install and Operate for the source.

    DAPC is requesting comments on the amended rule language, and the associated business impact analysis (BIA) before DAPC proposes the amended rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Tuesday, Dec. 16, 2014. Please see the public notice for information on how to submit comments.
Nov. 13, 2014
  • New Engineering Guide #86 Posted

    The Ohio EPA Division of Air Pollution Control (DAPC) has posted a new Engineering Guide that provides guidance to permit writers concerning when to use some of the commonly used Best Available Technology (BAT) rule citations found in Ohio Administrative Code (OAC) rule 3745-31-05. This Engineering Guide is intended to minimize confusion about the use of various rule cites and to help state-wide consistency in permit writing. A copy of the guide can be found here.
Nov. 13, 2014
  • New Engineering Guide #87 Posted

    The Ohio EPA Division of Air Pollution Control (DAPC) has posted a new Engineering Guide that provides guidance to permit writers concerning the appropriate permit language to use for sources that qualify for the <10 tons/year Best Available Technology (BAT) exemption found in Ohio Administrative Code (OAC) paragraph 3745-31-05(A)(3)(a)(ii). This Engineering Guide is intended to update guidance due to U.S.EPA's approval of the June 30, 2008, version of the rule, and to help state-wide consistency in permit writing. A copy of the guide can be found here.
Oct. 30, 2014
  • Availability of Draft Rules for Comment - VOC RACT Rules, OAC Ch. 3745-21

    The Division of Air Pollution Control (DAPC) has completed a review of the rules in Ohio Administrative Code (OAC) Chapter 3745-21, “Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards” as required under Ohio Revised Code (ORC) 119.032 (five-year review). The rules in this chapter set limits, monitoring and reporting requirements for emissions of volatile organic compounds (VOCs) from manufacturing processes.

    Included for comment along with the amended rules are draft documents associated with OAC rule 3745-21-26. Two of the documents, prepared according to the requirements of Section 110(l) of the Clean Air Act, establish offsets for modified emission limits in the rule associated with pleasurecraft and architectural aluminum coatings. The third draft presents a 5 percent RACT equivalency analysis for maintaining a 3 gallon/day exemption for facilities coating miscellaneous metal or plastic products in certain areas of the state. Additional information regarding these documents can be found in the synopsis of changes.

    DAPC is requesting comments on the amended rule language, the three draft documents and the associated business impact analysis (BIA) before DAPC proposes the amended rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Tuesday, Dec. 2, 2014. Please see the public notice, draft BIA document and draft rule language for information on the changes and how to submit comments.
Sept. 17, 2014
  • Ultra Low Sulfur Diesel (ULSD) Engineering Guide Issued

    The Ohio EPA has issued new guidance that takes advantage of the fact that all #2 fuel oil (diesel) produced in Ohio meets the ULSD standard for minimal sulfur content. Permit writers can now write permits that don't require periodic testing of the sulfur content of diesel fuel used and instead, rely on the fuel supplier's documentation that the fuel meets the ULSD standards. This guidance has been issued in the form of Engineering Guide #82 and a copy of the guidance can be found here.
               
Sept. 10, 2014
  • Stakeholder Input Requested on Potential Amendment of Low RVP Fuel Requirements Rules

    Ohio EPA is requesting stakeholder input on the potential amendment of Ohio Administrative Code (OAC) Chapter 3745-72, "Low Reid Vapor Pressure (RVP) Fuel Requirements." The rules in this chapter contain the requirements for the use of low RVP fuels in the Cincinnati/Dayton/Springfield during the annual ozone season, June 1-September 15.

    Prior to proceeding with this rulemaking, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Friday, Oct. 10, 2014.
Sept. 2, 2014
  • Adoption of Amended OAC Rule 3750-30-20

    Ohio EPA has adopted amended Ohio Administrative Code (OAC) rule 3750-30-20, "Facility emergency and hazardous chemical inventory form." This rule requires each owner or operator of a facility that is subject to OAC rule 3750-30-01 to annually prepare a facility emergency and hazardous chemical inventory report. The plan is required to contain the information outlined in this rule. The draft amendments bring the rule into line with federal reporting requirements.

    The rules will be effective as of Friday, Sept. 12, 2014 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended April 14, 2014, a proposal comment period which ended July 17, 2014, and a public hearing held on July 17, 2014, in Columbus, Ohio. No comments were received.
Aug. 29, 2014
  • Adoption of Amended Rules in OAC Chapter 3745-23

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-23. "Nitrogen Oxide Standards." These rules address how Ohio EPA and affected sources shall monitor for oxides of nitrogen as part of Ohio's State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The amendments were made in conjunction with a review performed consistent with the requirements of Ohio Revised Code (ORC) 119.032 (five-yr review).

    The rules will be effective as of Monday, Sept. 8, 2014 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended Feb. 17, 2014, a proposal comment period which ended June 27, 2014, and a public hearing held on June 27, 2014, in Columbus, Ohio. No comments were received.
Aug. 28, 2014
  • PSD and Title V GHG Permitting Program Changes

    Ohio EPA has issued new guidance that changes the approach Ohio EPA uses to permit air pollution sources of greenhouse gasses (GHGs). Ohio EPA's new guidance follows U.S.EPA's July 24, 2014, guidance concerning changes associated with the June 23, 2014, U.S. Supreme Court decision related to GHGs. This guidance has been issued in the form of Engineering Guide #85 and a copy of the guidance can be found here.
Aug. 21, 2014
  • Submission of Transportation Conformity Memorandums of Understanding to U.S. EPA

    Ohio EPA has submitted to U.S. EPA a series of memorandums of understanding (MOUs), which will serve as Ohio’s State Implementation Plan for transportation conformity under Section 176 (c) of the Clean Air Act, replacing the rules in Ohio Administrative Code 3745-101. The MOUs are a result of a collaborative process between Ohio EPA, U.S. EPA, Ohio Dept. of Transportation, the Federal Highway Administration, Federal Transit Administration and the various local metropolitan planning organizations (MPOs) in Ohio. The MOUs update the conformity process to meet the most recent federal requirements.

    Ohio EPA held a public hearing on Sept. 24, 2012, and solicited comments regarding the draft MOUs during a 30-day public comment period ending Sept. 24, 2012. No testimony was provided or comments received. 

Aug. 8, 2014
  • Stakeholder Input Requested on Potential Rescission of Transportation Conformity Rules

    Ohio EPA is requesting stakeholder input on the potential rescission of Ohio Administrative Code (OAC) Chapter 3745-101, "Transportation Conformity Rules." On July 2, 2014, Ohio EPA completed the signatory process on a series of memorandums of understanding (MOUs), which will replace Ohio’s transportation conformity rules in OAC Chapter 3745-101. Ohio EPA is currently in the process of submitting the MOUs to U.S. EPA for inclusion in our State Implementation Plan (SIP) and once the process is complete, the rules in this chapter will no longer be necessary. Ohio EPA, therefore, intends to rescind all of the rules in this chapter as they would provide no added value to the citizens of Ohio.

    Prior to proceeding with this rulemaking, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Wednesday, Sept. 10, 2014.
July 31, 2014
  • Updated Engineering Guides Issued

    The Division of Air Pollution Control (DAPC) has modified five Engineering Guides and removed one Engineering Guide from the list of Engineering Guides found here. These guidance documents have been revised in an effort to bring the guidance up to today’s standards. A short description of the changes for each guide is described below:
    • Engineering Guide #8, Compliance Tests at Bulk Gasoline Terminals (Changes were made to improve the readability and ability to understand).
    • Engineering Guide #20, Determination of Compliance with Visible Emission Limitations for Stack Sources (Changes were made to improve the readability and ability to understand).
    • Engineering Guide #24, Application of Fugitive Dust Requirements to Affected Facilities 
      • Instead of determining applicability of 17-08 to only a broad “significant/non-significant” description, the guidance was changed to our current approach to excluding "de minimis" sources.
      • An outdated discussion concerning significance was removed.
      • A discussion on the old “registration status” was removed.  
      • An outdated discussion concerning the fact that you can still issue a permit for a fugitive source that is not controlled was removed.
      • An outdated discussion concerning the bubble concept was removed.
      • An outdated discussion concerning which fugitive sources permit writers should work on first was removed.
      • Minor other typos were corrected.
    • Engineering Guide #24, Application of Fugitive Dust Requirements to Affected Facilities (Changes were made to improve the readability and ability to understand).
    • Engineering Guide #38, Use of Exempt Organic Compounds to Satisfy BAT Requirements (This guide was removed because it no longer applied due to the 2006 Senate Bill 265 changes to BAT.) 
    • Engineering Guide #55, Precautions in Use of Method 24 for Water-Based Coatings (This guide was modified by adding a more detailed explanation of the issue.)
                                           
July 30, 2014
July 18, 2014
  • Submission of Revised Ozone State Implementation Plan to U.S. EPA

    Ohio EPA is submitting to  U.S. EPA a revised ozone State Implementation Plan to include the 2008 nitrogen oxide (NOx) and volatile organic compound (VOC) emissions inventory as the base year inventory for the 2008 ozone National Ambient Air Quality Standards (NAAQS). This submittal covers the requirements for both the emissions inventory requirements and the emission statement program under the 2008 ozone NAAQS. U.S. EPA has designated three nonattainment areas for the 2008 ozone NAAQS in Ohio, including Cincinnati, OH-KY-IN (Butler, Hamilton, Clermont, Clinton and Warren counties), Cleveland-Akron-Lorain, Ohio (Lorain, Medina, Summit, Portage, Cuyahoga, Geauga, Lake and Ashtabula counties) and Columbus, Ohio (Delaware, Madison, Franklin, Fairfield, Licking and Knox counties). Ohio EPA has prepared an inventory for each designated 2008 ozone NAAQS nonattainment area, including the point, area, on-road and non-road sectors. The base-year ozone emissions inventory is an inventory of the actual reported, estimated or calculated typical summer day VOC and NOx emissions for Ohio sources. The emission statement program was already approved under previous NAAQS and remains unchanged.

     

    The state of Ohio will request that U.S. EPA review and approve the 2008 emission inventory and Ohio’s emission statement program for the purpose of the 2008 ozone NAAQS. Ohio EPA held a public hearing and solicited comments through June 24, 2014. No testimony was provided or comments received.

July 17, 2014
  • Submission of Revised Cuyahoga County Lead Attainment Demonstration to U.S. EPA

    Ohio EPA submitted a minor revision to the lead attainment demonstration State Implementation Plan (SIP) for Cuyahoga County originally submitted to U.S. EPA on June 25, 2012. The lead emitting facility in this area, Ferro Corporation, is adding an additional Mill to unit P071, which is identified as a lead emitting unit and was modeled as part of the demonstration of attainment. However, allowable lead emissions used to demonstrate attainment will not be increased. Ohio EPA is identifying the additional Mill within the table of emissions units required to maintain control measures as a part of this SIP. Ohio EPA held a public hearing and solicited comments through June 24, 2014. No testimony was provided or comments received.

June 27, 2014

  • Stakeholder Input Requested on Title V Permitting Program Rules

    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-77, "Title V Permitting Program." The rules in this chapter contain the requirements for the permitting of major sources of air pollution under Title V of the Clean Air Act.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Wednesday, July 30, 2014.
  • Stakeholder Input Requested on Statewide Motor Vehicle Anti-Tampering Program Rules

    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-80, "Statewide Vehicle Anti-Tampering Program." The rules in this chapter describe and prohibit acts of tampering with vehicle pollution control devices and provide procedures for training anti-tampering inspectors.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. DAPC will be accepting comments on these potential changes through Wednesday, July 30, 2014.

May 13, 2014

  • Ohio EPA Provides Comments on the Proposed Carbon Pollution Standards for New Power Plants

    Ohio EPA is providing comment on the proposed rule regarding the New Source Performance Standards (NSPS) for emissions of carbon dioxide (CO2) for new fossil fuel-fired electric utility generating units (EGUs). For the first time, U.S. EPA is establishing limits of carbon dioxide emissions for new fossil fuel-fired EGUs greater than 25 megawatts.