What's New and Updates 

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February 11, 2016
  • Refiling of OAC Rule 3745-21-07 with the Joint Committee on Agency Rule Review
    Ohio EPA has refiled Ohio Administrative Code (OAC) rule 3745-21-07 with the Joint Committee on Agency Rule Review (JCARR) after an original filing the occurred on July 13, 2015. Based on comments received during the proposal comment period which ended August 18, 2015, Ohio EPA determined that additional changes to the proposed language were necessary and placed the rule in TBR status, thereby suspending the JCARR process. After making changes to the rule, Ohio EPA is refiling the rule language, placing the rule back into the JCARR process. This is not the final filing of the rule, that will occur after JCARR completes an additional 30-day jurisdictional period and the rules appear on the agenda at a JCARR hearing.

    For information on the amended rule, the comments received, and Ohio EPA's responses to the comments and discussion of changes made, please see the amended rule, response to comments document and synopsis of changes document.

January 28, 2016
  • Availability of Draft Redesignation Request and Maintenance Plan for the Ohio Portion of the Cincinnati, OH-KY-IN 2008 Ozone Nonattainment Area
    Ohio EPA is providing for public comment a draft redesignation request and maintenance plan for the Ohio portion of the Cincinnati, OH-KY-IN 8-hour ozone nonattainment area. On March 21, 2012 U.S. EPA designated nonattainment areas for the 2008 eight hour ozone standard. The counties of Butler, Clermont, Clinton, Hamilton and Warren were designated nonattainment for the Ohio portion of the Cincinnati area. Air quality monitoring data collected between 2012 and 2014 in the region demonstrated attainment of the NAAQS. Furthermore, the improved air quality is due to permanent, enforceable emission reductions. In addition, existing requirements are sufficient to maintain the 2008 eight-hour ozone standard in this area at least ten years into the future. Due to this evidence DAPC will be asking U.S. EPA to redesignate the Cincinnati area as attainment for the 2008 ozone NAAQS and approve Ohio's maintenance plan.

    Ohio EPA will be holding a public hearing on Thursday, March 3, 2016 at 3:30 PM at Southwest Ohio Air Quality Agency located at 250 William Howard Taft Road, Cincinnati, Ohio and requesting comments by May 31, 2012 on Ohio's draft proposal. For information on how to submit comments or attend the hearing please refer to the public notice.

January 20, 2016
  • Draft Statewide 5-year Progress Report Available for Comment/Public Hearing Notice
    Ohio EPA is making available a draft of the statewide 5-year progress report for regional haze for public review and comment. This document serves to satisfy the requirements of the 5-year progress report, as outlined in Section 51.308(g) of the Regional Haze Rule.

    Ohio EPA will be holding a public hearing on the progress report on Thursday, February 25, 2016 at 3:30 PM 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.

January 11, 2016
  • Availability of Draft for Comment - OAC Chapter 3745-73, Total Reduced Sulfur
    Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) chapter 3745-73, "Total Reduced Sulfur." 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 which 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 have been established under the Clean Air Act.

    DAPC is requesting comments on the draft rules and the draft business impact analysis (BIA) before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC  will be accepting comments on this documents through Friday, February 12, 2016. Please see the public notice, draft rule language, synopsis of changes and draft BIA document for information on how to submit comments.

December 29, 2015
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-79, Small Business Technical Assistance Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-79, "Small Business Technical Assistance Rules." The rules in this chapter fulfill a mandate of Section 507 of the Clean Air Act for states to establish a small business assistance program. The program created by these rules and ORC 3704.18 helps small businesses understand and comply with air pollution regulations. In Ohio, the functions of this program are performed by the Office of Compliance Assistance and Pollution Prevention (OCAPP), located within Ohio EPA’s Division of Environmental and Financial Assistance.  

    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, February 2, 2016.

  • Stakeholder Input Requested on Rules - OAC Chapter 3745-100, Toxic Chemical Release Reporting Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-100, "Toxic Chemical Release Reporting Rules." This chapter codifies the requirements of Section 3751.02 of the Ohio Revised Code (ORC). This is the state equivalent of the Code of Federal Regulations (CFR) title 40 Chapter 1 Subchapter J Part 372 as authorized by Section 313 of the federal Superfund Amendments and Reauthorization Act, (SARA), also known as the Emergency Planning and Community Right to Know Act, (EPCRA). Section 313 of EPCRA requires facilities which manufacture, process, or otherwise use listed toxic chemicals to annually summarize and report their toxic chemical usages and environmental releases and waste management activities. This is known as Toxic Release Inventory (TRI), Section 313 Reporting. 

    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, February 2, 2016.

December 11, 2015
  • Availability of Draft for Comment - New and Amended SERC Rules 3750-10-08 and 3750-30-27 

    On behalf of the director of emergency response, Ohio EPA is making available a draft for comment of new Ohio Administrative Code (OAC) rule 3750-10-08 and amended OAC rule 3750-30-27. The new rule, OAC 3750-10-08, establishes a mechanism for local emergency planning committees to get a facility designated to their local plan. The amended rule (OAC 3750-30-27) establishes threshold quantities for hazardous chemical reporting.

     DAPC is requesting comments on the draft rules and the draft business impact analysis (BIA) before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC  will be accepting comments on this documents through Thursday, January 14, 2016. Please see the public notice for information on how to submit comments.

December 10, 2015
  • Availability of Draft BIA Document - 5-Year Review of OAC Chapter 3745-76, NMOC Emissions From Existing Landfills Rules

    Ohio EPA is making available for comment a draft Business Impact Analysis (BIA) document for the 5-year review of rules in Ohio Administrative Code (OAC) Chapter 3745-76, "Control of Non-methane Organic Compound (NMOC) Emissions From Existing Landfills." This chapter contains the requirements for the control of NMOC emissions from existing landfills. An existing landfill is any landfill that was in operation on or before May 30, 1991 which has not, through construction, reconstruction, or modification has not increased the disposal capacity of the landfill. These rules are part of Ohio’s plan to control NMOC emissions from these landfills under the Clean Air Act Section 111(d) and 40 CFR part 60, subpart Cc. Ohio’s plan is codified in the Code of Federal Regulations (CFR) in 40 CFR 62.8870

    DAPC is requesting comments on the draft business impact analysis (BIA) before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC  will be accepting comments on this documents through Thursday, January 14, 2016. Please see the public notice for information on how to submit comments.

December 2, 2015
  • Adoption of Amended Rules - OAC Chapter 3745-80 - Motor Vehicle Anti-Tampering Rules 

    Ohio EPA has adopted amended rules Ohio Administrative Code (OAC) chapter 3745-80. The rules in this chapter describe and prohibit acts of tampering with vehicle pollution control devices and provide procedures for training anti-tampering inspectors.

    The amended rules will be effective as of Saturday, December 12, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended August 4, 2015, a proposal comment period which ended October 30, 2015, and a public hearing held on October 30, 2015, at Ohio EPA central office in Columbus, Ohio.

  • Rescission of Rules - OAC Chapter 3745-101 - Transportation Conformity

    Ohio EPA has rescinded the existing rules in Ohio Administrative Code (OAC) chapter 3745-101. On May 1, 2015, a series of memorandums of understanding (MOUs), which 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 has rescinded all of the rules in this chapter as they no longer provide added value to the citizens of Ohio.

    The rescission will be effective as of Saturday, December 12, 2015 (see Public Notice of Rescission). The rules are being rescinded after a draft comment period which ended August 4, 2015, a proposal comment period which ended October 27, 2015, and a public hearing held on October 27, 2015, at Ohio EPA central office in Columbus, Ohio.

November 30, 2015
  • Proposal of Amended Rules - OAC Chapter 3745-31 - Permits-to-Install New Sources and Permit-to-Install and Operate Program 
    The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program"  to the Joint Committee on Agency Rule Review (JCARR). 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.

    Ohio EPA will be holding a public hearing on the amended rules on Thursday, January 7, 2016, 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.

    October 30, 2015
    • Adoption of Amended Rules - OAC Rules 3745-19-03 and 3745-19-04 - Open Burning in Restricted and Unrestricted Areas
      Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745-19-03 and 3745-19-04. These rules were amended to address the requirements for performing open burning in restricted and unrestricted areas in the state of Ohio. Ohio EPA has identified a need to clarify the approved purposes for open burning in these rules. 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..

      The amended rules will be effective as of Tuesday, November 10, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended May 20, 2015, a proposal comment period which ended Sept. 30, 2015, and a public hearing held on Sept. 30, 2015, at Ohio EPA central office in Columbus, Ohio.
    October 29, 2015
    • Stakeholder Input Requested on Rules - OAC Chapter 3745-71,  Lead Emissions Rules
      Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-71, "Lead Emissions Rules." This chapter includes standards for ascertaining, defining and measuring ambient air quality for lead particulates.  

      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, December 1, 2015.

    • Stakeholder Input Requested on Rules - OAC Chapter 3745-103, Acid Rain Permits and Compliance Rules
      Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-103, "Acid Rain Permits and Compliance." This chapter contains the requirements pertaining to the Acid Rain program for limitation of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units. 

      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, December 1, 2015.

    October 26, 2015
    • Availability of Draft BIA Document - 5-Year Review of Various Rules for the State Emergency Response Commission (SERC)
      On behalf of the director of emergency response, Ohio EPA is making available for comment a draft Business Impact Analysis (BIA) document for various State Emergency Response Commission (SERC) rules in Ohio Administrative Code (OAC) Chapter 3750. The rules in the rule-making 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.

      Based on a review of the rules by Ohio EPA and the SERC, these rules remain necessary, but are without need for change.

      DAPC is requesting comments on the draft business impact analysis (BIA) before DAPC and the SERC propose the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC and the SERC will be accepting comments on these documents through Monday, November 30, 2015. Please see the public notice for information on how to submit comments.
    October 21, 2015
    • Stakeholder Input Requested on Rules - OAC Chapter 3745-20, Asbestos Emission Control Rules
      Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-20, "Asbestos Emission Control Rules." This chapter includes standards for notification of demolition and renovation activities, standards for asbestos waste handling, standards for both active and inactive waste disposal sites, and other standards for asbestos manufacturing and asbestos containing materials. These rules are paterened after the federal asbestos NESHAPS rules in 40 CFR Part 61, Subpart M.  

      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 Monday, November 23, 2015.

    October 19, 2015
    • Draft of Infrastructure SIP for the Statewide 2012 PM2.5 Annual Standard Available for Comment

      Ohio EPA is making available the draft of Ohio's Infrastructure SIP for the Statewide 2012 PM2.5 Annual Standard for public comment. The document outlines Ohio's plan for fulfilling the infrastructure requirements for the 2012 National Ambient Air Quality Standard (NAAQS) for PM2.5 as required under Section 110(a)(2) of the Clean Air Act. Ohio EPA will be accepting comments on the draft document through Monday, November 23, 2015. Ohio EPA will also be holding a public hearing on the draft document on November 23, 2015 at 3:00 PM in Columbus, Ohio. For information on how to submit comments, or attend the hearing, please see the public notice.

    October 13, 2015
    • Adoption of Amended Rules - Sulfur Dioxide Regulations, One-hour Sulfur Dioxide Standard and OAC Chapter 3745-18

      Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-18, "Sulfur Dioxide Regulations." 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 Standards (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 eighteen months of the effective date of the designations detailing how the SO2 standard will be attained by Oct. 4, 2018. 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.

      The amended rules will be effective as of Friday, October 23, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended July 9, 2015, a proposal comment period which ended Sept. 16, 2015, and a public hearing held on Sept. 16, 2015, at Ohio EPA central office in Columbus, Ohio.

    October 8, 2015
    • Stakeholder Input Requested on Rules - OAC Chapter 3745-76, NMOC Emissions From Existing Landfills Rules

      Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-76, "Control of Non-methane Organic Compound (NMOC) Emissions From Existing Landfills." This chapter contains the requirements for the control of NMOC emissions from existing landfills. An existing landfill is any landfill that was in operation on or before May 30, 1991 which has not, through construction, reconstruction, or modification has not increased the disposal capacity of the landfill. These rules are part of Ohio’s plan to control NMOC emissions from these landfills under the Clean Air Act Section 111(d) and 40 CFR part 60, subpart Cc. Ohio’s plan is codified in the Code of Federal Regulations (CFR) in 40 CFR 62.8870.

      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, Aug. 18, 2015.

    October 5, 2015
    • Adoption of Amended Rules - OAC Chapter 3745-21

      Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards." The rules in this chapter set limits as well as monitoring and reporting requirements for emissions of volatile organic compounds (VOCs) from manufacturing processes.

      The amended rules will be effective as of Thursday, October 15, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended Dec. 2, 2014, a proposal comment period which ended Aug. 18, 2015, and a public hearing held on Aug. 18, 2015, at Ohio EPA central office in Columbus, Ohio.

    September 1, 2015
    • Proposed General Permits for Compressor Stations Issued for Comment
      The Division of Air Pollution Control (DAPC) has issued proposed general permits (GPs) for multiple types of equipment typically found at natural gas compressor stations. DAPC is currently requesting interested parties to review the proposal and to provide comments and suggestions by September 18, 2015. More details on this proposal can be found here.
    August 26, 2015
    • Proposal of Amended Rules - OAC Chapter 3745-72 - RVP Fuel Requirements
      The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-72, "Low Reid Vapor Pressure (RVP) Fuel Requirements"  to the Joint Committee on Agency Rule Review (JCARR). The rules in this chapter contain the requirements for the use of low RVP fuels in the Cincinnati/Dayton/Springfield area during the annual ozone season, June 1 through Sept. 15.

      Ohio EPA will be holding a public hearing on the amended rules on Monday, October 5, 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. 

    Aug. 7, 2015
    • Proposal of Amended Rules - Sulfur Dioxide Regulations, One-hour Sulfur Dioxide 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 Standards (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, and has proposed these rules to the Joint Committee on Agency Rule Review (JCARR). 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.

      Ohio EPA will be holding a public hearing on the amended rules on Wednesday, Sept. 16, 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.

    Aug. 3, 2015
    • Adoption of Amended Rules - OAC Chapter 3745-104-39

      Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-104-39. 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 trades erect all or a portion of their reportable substances.

      The amended rules will be effective as of Friday, Aug. 14, 2015 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended Jan. 16, 2014, a proposal comment period which ended July 7, 2015, and a public hearing held on July 7, 2015, at Ohio EPA central office in Columbus, Ohio.

    July 16, 2015
    • Stakeholder Input Requested on Rules - OAC Chapters 3745-26-01 and 3745-26-12

      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, Aug. 18, 2015.

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

      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, Aug. 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 - OAC Chapter 3745-15

      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.

    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, Aug. 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 - OAC Chapter 3745-111

      Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 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 Rules - OAC Chapters 3745-31-34 and 3745-77-11

      Ohio EPA is requesting stakeholder input on potential amendments to Ohio’s greenhouse gas (GHG) tailoring rules, Ohio Administrative Code (OAC) Chapters 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 Rules - OAC Chapter 3745-73

      Ohio EPA is requesting stakeholder input on potential amendments of rules to Ohio Administrative Code (OAC) Chapter 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 Rules - OAC Chapter 3745-104-39

      The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) Chapter 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 Rules - OAC Chapter 3745-110-03
      Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 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 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 to provide the following comments and appendices to U.S. EPA on Tuesday, March 17, 2015, regarding this proposal.
    March 13, 2015
    • Adoption of Amended Rules - OAC Chapters 3745-14-01 and 3745-14-03
      Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapters 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 Rules - OAC Chapter 3745-18
      Ohio EPA is requesting stakeholder input on potential amendments to rules in 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 - 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 - OAC Chapter 3745-26
      Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-26, Motor Vehicle Inspection and Maintenance (I/M) 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 - OAC Chapter 3745-114
      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. 5, 2015
    • Stakeholder Input Requested on Rules - OAC Chapter 3745-24
      Ohio EPA is requesting stakeholder input on potential amendments on rules in 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 Rules - OAC Chapter 3745-78
      Ohio EPA is requesting stakeholder input on potential amendments to rules in 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.
    Dec. 19, 2014
    • 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.

    June 27, 2014

    • Stakeholder Input Requested on Rules - OAC Chapter 3745-77
      Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-77, Title V Permit Rules. 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.