What's New and Updates 

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August 18, 2014
  • Availability of Draft Amended Rules for Comment – Toxic Air Contaminants Rule
    The Division of Air Pollution Control (DAPC) has completed a review of the toxic air contaminants rule in Ohio Administrative Code (OAC) chapter 3745-114 ,"Toxic Air Contaminants" as required under Ohio Revised Code (ORC) 119.032 (5-year review). 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.

    Ohio EPA is requesting comments on the amended rule prior to proposing it to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on this rule through Friday, September 19, 2014. Please see the public notice, draft Business Impact analysis, Draft Rule Language and the synopsis of changes for information on the changes and how to submit comments.
August 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 United States Environmental Protection Agency (USEPA) 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, September 10, 2014.
Thursday, 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 at http://www.epa.state.oh.us/dapc/engineer/eguides.aspx .  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 understandability).
    • Engineering Guide #20, Determination of Compliance with Visible Emission Limitations for Stack Sources (Changes were made to improve the readability and understandability).
    • 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 understandability).
    • 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).
           
Wednesday, July 30, 2014
             
Monday, July 21, 2014
             
  •  Availability of Draft Amended Rules for Comment – Emergency Episode Rules
    The Division of Air Pollution Control (DAPC) has completed a review of the rules in Ohio Administrative Code (OAC) chapter 3745-25 ," Emergency Episodes and Ambient Air Quality" as required under Ohio Revised Code (ORC) 119.032 (5-year review). 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). .

    Ohio EPA is requesting comments on the amended rules prior to proposing them to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on this form through Friday, August 22, 2014. Please see the public notice, draft Business Impact analysis, Draft Rule Language and the synopsis of changes  for information on the changes and how to submit comments. 
 Friday, July 18, 2014
 
  • Submission of Revised Ozone State Implementation Plan to USEPA

    Ohio EPA is submitting to  U.S. EPA a revised Ozone State Implementation Plan to include the 2008 NOx and VOC emissions inventory as the base year inventory for the 2008 Ozone 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, OH (Lorain, Medina, Summit, Portage, Cuyahoga, Geauga, Lake and Ashtabula Counties) and Columbus, OH (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, onroad and nonroad 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.

 Thursday, July 17, 2014
 
  • Submission of Revised Cuyahoga County Lead Attainment Demonstration to USEPA
    Ohio EPA submitted a minor revision to the lead attainment demonstration SIP for Cuyahoga County originally submitted to USEPA 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.

 Friday, 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.

 Monday, June 9, 2014

  • Proposal of Amended OAC Rule 3750-30-20 to the Joint Committee on Agency Rule Review (JCARR)
    On behalf of the director of emergency preparedness, Ohio EPA has proposed amended Ohio Administrative Code (OAC) rule 3750-30-20, “Facility emergency and hazardous chemical inventory form.," to the Joint Committee on Agency Rule Review (JCARR). 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.

    Ohio EPA will be holding a public hearing for these rules on Thursday, July 17, 2014 at 10:30 AM in Columbus, Ohio. Please see the amended rule language, synopsis of changes, response to comments document, and public hearing notice for information on the rule language and how to submit comments and/or attend the hearing.

 Monday, June 2, 2014

  • Rescission of Rules in OAC Chapter 3745-102, “General Conformity”
    Ohio EPA completed a review of the rules in OAC Chapter 3745-102, “General Conformity” as required under ORC 119.032 (5-yr review) and determined that the rules are no longer necessary. Federal changes to section 176 of the Clean Air Act and 40 CFR 51.851 make it optional for the states to maintain their own rules for a general conformity SIP. Because Ohio’s rules essentially parroted the language in the federal rules (40 CFR part 92, Subpart B), Ohio EPA determined that continuing to maintain these rules was of no added benefit to Ohio and are rescinding the rules. Future general conformity requirements in Ohio will be addressed according to the federal requirements in 40 CFR Part 92.

    The rescission of these rules will be effective as of Thursday, June 12, 2014 (see Public Notice of Adoption). The rules are being rescinded after a draft comment period which ended March 10, 2014, a proposal comment period which ended April 29, 2014 and a public hearing held on April 29, 2014 in Columbus, Ohio.

 Tuesday, May 27, 2014

  • Availability of Draft BIA Document for Comment – Various State Emergency Response Commission Rules
    The Division of Air Pollution Control (DAPC) on behalf of the State Emergency Response Commission (SERC) has completed a review of various rules in Ohio Administrative Code (OAC) chapters 3745-10, 3745-20, and 3745-75 (please see the complete list in the public notice and business impact analysis, both linked below). as required under Ohio Revised Code (ORC) 119.032 (5-year review). The rules in this rulemaking package serve as administrative rules for the SERC and the local emergency planning committees (LEPC). DAPC and SERC find that these rules remain necessary, but are not in need of change.

    DAPC has prepared a 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, June 13, 2014. Please see the public notice for information on how to submit comments.

 Wednesday, May 21, 2014

  • Availability of Emissions Inventory and Emissions Statement Program SIP for the 2008 Ozone Standard for Comment

    Ohio EPA is making available for comment the emissions inventory and emissions statement program requirements due to U.S. EPA by July 20, 2014. This SIP submittal will satisfy the attainment demonstration requirements for the 2008 ozone standard. Ohio’s nonattainment areas under the 2008 ozone standard are all classified as “marginal”. Under section 182(a) of the CAAA, marginal areas have up to 3 years from designation to attain the NAAQS, and are not required to submit a traditional attainment demonstration. Marginal areas are required to submit only the emissions inventory and an emissions statement program to satisfy the attainment demonstration requirements.

    Ohio EPA is accepting comments on these changes through June 24, 2014 and holding a public hearing on the changes in Columbus, Ohio at 3:00 PM on June 24, 2014. For information on the location of the hearing and/or how to submit comments, please see the public notice.
  • Proposal of Amended Rules - OAC Chapter 3745-23, Nitrogen Oxide Standards
    Ohio EPA has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-23, "Nitrogen Oxide Standards," to the Joint Committee on Agency Rule Review (JCARR). These rules contain the requirements for ascertaining, defining, and measuring ambient air quality as related to concentrations of nitrogen oxides.

    Ohio EPA will be holding a public hearing for these rules on Friday, June 27, 2014 at 10:30 AM in Columbus, Ohio. Please see the amended rule language, synopsis of changes and public hearing notice for information on the rule language and how to submit comments and/or attend the hearing.

 Tuesday, May 20, 2014

  • Availability of Revised Cuyahoga County Lead Attainment SIP for Comment

    Ohio EPA is making a minor revision to the lead attainment demonstration SIP for Cuyahoga County submitted to USEPA 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 will be accepting comments on these changes through June 24, 2014 and holding a public hearing on the changes in Cleveland, Ohio at 2:00 PM on June 24, 2014. For information on the location of the hearing and/or how to submit comments, please see the public notice.

 Monday, May 19, 2014

  • Adoption of Amended, New and Rescinded Rules in OAC Chapter 3745-31

    Ohio EPA has adopted amended, new and rescinded rules in Ohio Administrative Code (OAC) Chapter 3745-31. "Permits to install new sources". These rules contain Ohio's New Source Review (NSR) permitting program. The amendments include language for incorporation of the U.S. EPA requirements for implementation of the New Source Review (NSR) program for fine particulate matter (that is, particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, generally referred to as “PM 2.5”), promulgated on May 16, 2008, as well as U.S. EPA’s requirements for establishing increments, significant impact levels, and a significant monitoring concentration for fine particulate pollution, promulgated on October 20, 2010. These changes were made in conjunction with a review performed consistent with the requirements of ORC 119.032 (5-yr review).

    The rule will be effective as of Thursday, May 29, 2014 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended May 10, 2013, a proposal comment period which ended February 18, 2014 and a public hearing held on February 18, 2014 in Columbus, Ohio.

  Thursday, May 15, 2014

  • Extension of Mercury and Air Toxics Standards (MATS) compliance deadline for Muskingum River Power Plant

    On May 15, 2014 Ohio EPA granted a six-week extension of the Mercury and Air Toxics Standards (MATS) compliance deadline to American Electric Power Generation for the retirement of Unit 5 at Muskingum River Power Plant, 1501 Sparling Road, Waterford, Washington County, Ohio (OEPA Facility ID: 0684000000). Under 40 CFR Part 63, Subpart UUUUU affected units have until April 16, 2015 to comply with the standard. This extension extends the compliance deadline to June 1, 2015 to allow transmissions upgrades to be completed prior to the retirement of this unit. Please contact Mr. Christopher Beekman of Ohio EPA, (614) 644-3597 with questions, or for more information on this subject.

 

Tuesday, May 13, 2014

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

    The Ohio Environmental Protection Agency 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.

Tuesday, May 13, 2014

  • Available for Comment – Draft Model General Permit for Miscellaneous Metal Parts Coating Lines
    Notice is hereby given that the Director of Ohio EPA is making available for public comment model general permits for Miscellaneous Metal Parts Coating Lines. These documents will be available for public comment through June 27, 2014.

Monday, May 12, 2014

  • Availability of Draft BIA Document for Comment — "Nitrogen Oxides — Budget Trading Program"
    The Division of Air Pollution Control (DAPC) has completed a review of the rules in Ohio Administrative Code (OAC) Chapter 3745-14 as required under Ohio Revised Code (ORC) 119.032 (5-year review). The rule in this chapter establish the NOx budget trading program which serve as backup in the event that the Clean Air Interstate Rules (CAIR) program is eliminated. DAPC finds that the rules in this chapter remain necessary, but are not in need of change.

    DAPC has prepared a 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, June 13, 2014. Please see the public notice for information on how to submit comments.

Friday, April 4, 2014

  • Ohio EPA Issues Revised Oil & Gas Well Site General Permits
    Today the Ohio EPA, Division of Air Pollution Control (DAPC) issued revised Model General Permits (MGPs) for oil & gas well sites.   MGPs contain the sample permit terms and conditions that permittees would get if they applied for and obtained a General Permit (GP).   DAPC is updating the MGPs in order to incorporate new rule requirements into the terms and conditions.  The revised MGPs include two for the well sites, identified as GP 12.1 and GP 12.2, and two for the unpaved roadways and parking areas, both identified as GP 5.1 (one for Title V facilities one for non-Title V facilities).  These revised MGPs replace the existing GP 12 and GP 5.1.

    Ohio EPA has issued multiple supporting documents to help interested parties understand the revised MGPs.  These documents include:
    • Qualifying Criteria Document for each of the revised MGPs,
    • MGP Terms for each of the revised MGPs, and
    • A fact sheet that describes the changes to the GPs.

These documents can be found on the web at: http://www.epa.ohio.gov/dapc/genpermit/genpermits.aspx.  Once you are on that web site, scroll down to find the discussion concerning the RECENTLY ISSUED MODEL GENERAL PERMITS.  Click on each link under that section to get many of the above documents.  Also, under AVAILABLE MODEL GENERAL PERMITS, you should click on Oil and Gas Well-Site Production Operations link to find application information. 

If you have any questions, please contact Cheryl Suttman via e-mail at cheryl.suttman@epa.ohio.gov or via phone at 614-644-3617. 

Thursday, March 13, 2014

  • Availability of Draft for Comment - Nitrogen Oxide Standards Rule
    Ohio EPA has prepared draft rule amendments to Ohio Administrative Code (OAC) Chapter 3745-23. These rules contain the requirements for ascertaining, defining, and measuring ambient air quality as related to concentrations of nitrogen oxides.
    Ohio EPA will be accepting comments on the draft rules through Monday, April 14, 2014. Please see the draft rule, public notice, draft rule synopsis, and draft business impact analysis form for information on the rule changes and how to submit comments..

Tuesday, February 18, 2014

  •  Availability of Draft for Comment and Public Hearing - Revision Request for Regional Haze SIP
    Ohio EPA is planning to submit a request to USEPA for a revision of the approved Regional Haze State Implementation Plan (SIP).  This revision requests an extension to the BART compliance date for P. H. Glatfelter.  A public hearing will be held on this draft revision on Tuesday, March 25, 2014 at 3:00 PM and public comments will be accepted through that date. Please see the public notice for information on attending the hearing and how to submit comments.

Friday, February 7, 2014

On February 7, 2014, Ohio EPA issued a guidance document entitled, “BAT Requirements for Permits Issued On or After February 7, 2014.”  This document supersedes the August 30, 2013 BAT Requirements for Permits Issued On or After October 1, 2013 document.  It contains multiple clarifications and corrections, multiple new Q&As, revisions to the recommended approach to work practice BAT, the addition of a guidance document applicability chart, adjusting the no short-term BAT start date and other miscellaneous updates all based on comments and suggestions from users of the guide.  You can obtain a copy of this document at the http://www.epa.ohio.gov/dapc/sb265.aspx web page.

Tuesday, January 21, 2014

  • Stakeholder Input Requested on Open Burning Program Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Standards." 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 and is planning to develop amended rule language to codify these clarifications.
    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, February 21, 2014.

 Tuesday, January 7, 2014

  • Adoption of Amended OAC Rule 3745-21-09 - Decommissioning of Stage II Vapor Control Systems
    Ohio EPA has adopted amended Ohio Administrative Code (OAC) Rule 3745-21-09. On May 9, 2012, the US EPA Administrator signed a notice of final rulemaking determining that onboard refueling vapor recovery (ORVR) systems are in widespread use throughout the motor vehicle fleet which was published in the Federal Register on May 16, 2012 (77 FR 28772). In light of the formal declaration by U.S. EPA that the ORVR are in widespread use, Ohio EPA has determined that it is necessary to make amendment to paragraph (DDD) of this rule to allow existing Gasoline Dispensing Facilities (GDFs) to decommission their stage II systems.

    The rule will be effective as of Friday, January 17, 2014 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended October 7, 2013, a proposal comment period which ended December 6, 2013 and a public hearing held on December 6, 2013 in Columbus, Ohio.

Friday, December 13, 2013

  • Submission of Draft Recommended Non-attainment Areas for the 2012 PM 2.5 Air Quality Standard to USEPA
    Ohio EPA has submitted draft recommended nonattainment areas to USEPA for the 2012 annual PM2.5 standard of 12.0 ug/m3.  After considering public comments, Ohio is recommending counties in three areas, Canton, Cleveland and Cincinnati, be designated nonattainment based upon preliminary data from the 2011 to 2013 period. USEPA will review Ohio’s recommendations and prepare their own recommendations that will be finalized in December of 2014.

Monday, November 25, 2013

  • Stakeholder Input Requested on Accidental Release Prevention Program Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-104, "Accidental Release Prevention Program." 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.

    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 potential changes through Friday, January 3, 2014.

 

Friday, November 22, 2013

  • Stakeholder Input Requested on NOx Budget Trading Program Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-14, "NOx Budget Trading Program." The rules in this chapter contain the requirements for Ohio’s NOx Budget Trading Program, also known as the NOx SIP call, plus requirements for NOx emissions from Portland cement kilns and stationary internal combustion engines.

    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 potential changes through Friday, January 3, 2014.

 

Tuesday, November 19, 2013

  • Proposed Nonattainment Areas for the 2012 Annual PM2.5 Standard - Amended Public Notice Available
    Ohio EPA has amended Ohio’s recommendations for nonattainment areas for the 2012 annual PM2.5 standard by adding Montgomery County as a county recommended for nonattainment designation. Ohio EPA identified Montgomery County as an additional area that is not attaining the standard based on 2010 to 2012 air quality data. The 3-year design value for monitor 39-113-0031, located in Montgomery County, is 12.3 μg/m3. Please refer to the Amended Public Notice for additional information, how to submit comments or attend a hearing.
  • Stakeholder Input Requested on I/M Program Rules
    Ohio EPA is requesting stakholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-26, "I/M Program Rules and Regulations." The rules in this chapter contain the requirements for Ohio’s motor vehicle inspection and maintenance (I/M) program, also known as E-Check. 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 the 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, December 20, 2013.

 

Friday, November 8, 2013

  • Stakeholder Input Requested on Toxic Air Contaminants Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Rule 3745-114-01, "Toxic Air Contaminants." This rule states that the director may require a permit-to-install, issued in accordance with Chapter 3745-31 of the Administrative Code, for any new or modified air contaminant source that emits a toxic air contaminant as described in the rule and listed in the table of the rule.

    Prior to generating the rule language, Ohio EPA is asking for input/suggestions on this rule 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 potential changes through Thursday, December 12, 2013

Monday, November 4, 2013

  • Adoption of Amended Rules in OAC Chapter 3745-109 - Clean Air Interstate Rules (CAIR)
    Ohio EPA has adopted amended, rescinded and new rules in Ohio Administrative Code (OAC) Chapter 3745-109, "Architectural and Industrial Maintenance (AIM) Coatings." Clean Air Interstate Rules (CAIR) to the Joint Committee on Agency Rule Review (JCARR). The CAIR program establishes a NOx emission trading program as a means for reducing emissions of nitrogen oxides from large electrical generating units in the state of Ohio. The amendments are the results of a review of the rules in this chapter to fulfill the requirements of ORC 119.032 (5-yr review). The amendments are typically minor to correct typos and for clarification and also to update formatting to LSC formatting conventions.

    The rules will be effective as of Thursday, November 14, 2013 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended May 17, 2013, a proposal comment period which ended October 8, 2013 and a public hearing held on October 8, 2013 in Columbus, Ohio.  

 

Wednesday, October 30, 2013

  • Proposed Nonattainment Areas for the 2012 Annual PM2.5 Standard
    The Ohio EPA is soliciting comments regarding the extent of Ohio’s nonattainment areas for the revised annual PM2.5 National Ambient Air Quality Standard (NAAQS) which lowered the 1997 annual standard from 15.0 micrograms per cubic meter (μg/m3)  to 12.0 μg/m3.  The U.S. EPA adopted this revised annual PM2.5 standard effective on December 14, 2012.  The comments received will be used to formulate the State’s formal recommendation proposal to U.S. EPA.  Ohio EPA’s preliminary recommendations are for the following counties to be designated nonattainment for the revised annual PM2.5 standard:  Cuyahoga, Stark, Jefferson, Butler, Clermont, and Hamilton.  The remainder of the State is recommended as unclassifiable/attainment.  Public comments on this draft are being accepted through December 5 2013. Ohio EPA will also be holding public hearings on December 4 (Magnolia, Ohio) and December 5 (Cincinnati, Ohio)of 2013.Please refer to the Public Notice for how to submit comments or attend a hearing. 

Tuesday, October 29, 2013

  • Submission of Redesignation Request for Logan County Partial Lead Nonattainment Area
    Ohio EPA has submitted to USEPA a request for redesignation to attainment  of the partial Logan County nonattainment area with respect to the 2008 lead National Ambient Air Quality Standard (NAAQS). The partial nonattainment area consists of Sections 27, 28, 33 and 34 of Lake Township. There was only one source of lead emissions in this area, Daido.  Daido was a producer of bearing sleeves for the automotive industry.  In June of 2009, the Daido facility permanently shutdown all lead operations.

Thursday, October 10, 2013

Tuesday, October 8, 2013

  • Adoption of Amended, Rescinded and new Rules in OAC Chapter 3745-113 - AIM Coatings
    Ohio EPA has adopted amended, rescinded and new rules in Ohio Administrative Code (OAC) Chapter 3745-113, "Architectural and Industrial Maintenance (AIM) Coatings." The amendments are typically minor to repair typos and formatting issues after a review to satisfy the requirements of ORC 119.032 (5-yr review). Ohio EPA also removed the automatic reporting requirements in paragraphs (C) to (E) of OAC rule 3745-113-05. 

    The rules will be effective as of Friday, October 18, 2013 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended May 24, 2013, a proposal comment period which ended September 23, 2013 and a public hearing held on September 23, 2013 in Columbus, Ohio.
  • Stakeholder Input Requested on ERC Banking Program Rules
    Ohio EPA is requesting stakholder input on potential rule amendments to the rules in Ohio Administrative Code (OAC) Chapter 3745-111, "ERC Banking Program."  These rules contain the rules governing the emission reduction credit (ERC) banking program. ERCs are credits representing the reduction of emissions at a facility that can be used as credit to offset increased emissions at the same or a different facility. This chapter contains requirements defining how these credits are identified, transferred, and applied. 

    Prior to generating the rule language, Ohio EPA is asking for input/suggestions on this rule 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, November 8, 2013.

 

 Friday, October 4, 2013

  • Stakeholder Input Requested on General Provisions Rules
    Ohio EPA is requesting stakholder input on potential rule amendments to the rules in Ohio Administrative Code (OAC) Chapter 3745-15 . 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.  

    Prior to generating the rule language, Ohio EPA is asking for input/suggestions on this rule 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, November 5, 2013.

 

 Tuesday, October 1, 2013

  • Director Extends Compliance Deadline for Installation of Low Permeability Hoses
    The Director of Ohio EPA has signed Findings & Orders extending the Compliance Deadline for facilities complying with paragraph (DDD)(4)(g)(ii) of OAC rule 3745-21-09. Under this paragraph, new gasoline dispensing facilities could be exempt from the requirements of Stage II vapor control if they installed low permeability hoses on their dispensers by October 1, 2013. Due to the unavailability of these hoses on the market, the director has exercised his authority under paragraph (DDD)(5) of OAC rule 3745-21-09 and extended the deadline. The new compliance deadline will be April 1, 2014.

 

Friday, September 20, 2013

  • Stakeholder Input Requested on Infectious and Pathological Incinerator Rules
    Ohio EPA is requesting stakholder input on potential rule amendments to the rules in Ohio Administrative Code (OAC) Chapters 3745-75 and 3745-105. The rules contain the requirements for operating either an Infectious Waste Incinerator (OAC chapter 3745-75) or a Pathological Waste Incinerator (OAC chapter 3745-105) in the state of Ohio. Infectious and pathological wastes include items such as hospital wastes and animal wastes that were likely to have been in contact with infectious agents.  

    Prior to generating the rule language, Ohio EPA is asking for input/suggestions on this rule 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 Monday, October 21, 2013.

 

Friday, September 13, 2013

  • August 30, 2013 Update to Best Available Technology (BAT) Guidance
    On May 2, 2013, Ohio EPA, Division of Air Pollution Control proposed changes to the approach we use to develop Best Available Technology (BAT).  These proposed changes were designed to better align Ohio EPA's BAT program with the law language revised within the 2006 Senate Bill (S.B.) 265.

    Ohio EPA has now completed our review of the comments received and has developed final guidance concerning BAT.  The final guidance can be found here and becomes effective October 1, 2013.

    This guidance memo supersedes the BAT Requirements for Permit Applications Filed on or After August 3, 2009 memo dated December 10, 2009.
  • Stakeholder Input Requested on Emergency Episode Rules
    Ohio EPA is considering potential rule amendments to Ohio Administrative Code (OAC) chapter 3745-25, "Ambient Air Quality and Emergency Episode Standards."  The rules in this chapter identify the criteria under which an emergency episode exists, and address procedures to be followed and actions to be taken in the event of an emergency. The rules also establish Ohio’s ambient air quality standards.

    Prior to generating the rule language, Ohio EPA is asking for input/suggestions on this rule 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 Monday, October 14, 2013.   

 Friday, September 6, 2013

  • Approval of MATS Extension for Avon Lake Generating Station
    Ohio EPA has granted a one-year extension of the Mercury and Air Toxics Standards (MATS) compliance deadline to NRG Energy for the Gas Addition Project on Units 7 and 9 at the Avon Lake Generating Station in Lorain County, Ohio.  Under 40 CFR Part 63, Subpart UUUUU affected units have until April 16, 2015 to comply with the standard.  This extension extends the compliance deadline for these units to April 16, 2016.

Thursday, August 29, 2013

  • Approval Redesignation of the Ohio Portion of the Parkersburg-Marietta and Wheeling Areas to Attainment for the 1997 PM 2.5 Standard
    Ohio EPA submitted a redesignation request for the Ohio portion of the Parkersburg-Marietta (Washington County) nonattainment area on February 29, 2012 and the Ohio portion on the Wheeling (Belmont County) nonattainment area on April 16, 2012.  Air quality data based on 2008-2010 has indicated that both areas are attaining the 1997 National Ambient Air Quality Standard (NAAQS) for PM 2.5. In addition, emissions projections indicate that current controls and existing rules will be more than sufficient to maintain the NAAQS into the future. U.S. EPA has approved Ohio EPA request on August 29, 2013 in the Federal Register (78 FR 53275). This final rule is effective on August 29, 2013.  

 

 Wednesday, August 21, 2013

  • Availability of Redesignation Request for Logan County 2008 Lead Standard Partial Non-attainment area for Public Comment
    Ohio EPA is making available for comment a draft redesignation and maintenance plan request for the 2008 lead standard for the partial Logan County area to return the area to attainment. Public comments on this draft are being accepted through September 25, 2013. Ohio EPA will also be holding a public hearing at 3:30 PM on September 25, 2013 at the Knowlton Library, 220 N. Main Street, Bellefontaine, OH 43311. Please refer to the Public Notice for how to submit comments or attend the hearing.

 Thursday, August 8, 2013

  • Adoption of Amended OAC Rules 3745-19-01 and 3745-19-04, Open Burning - Air Curtain Burners
    Ohio EPA has adopted amended Ohio Administrative Code (OAC) Rules 3745-19-01 and 3745-19-04. The amendments to these rules are intended to establish requirements under which air curtain burners can be installed and operated for the open burning of land clearing wastes.

    The rules will be effective as of Sunday, August 18, 2013 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended May 13, 2013, a proposal comment period which ended July 12, 2013 and a public hearing held on July 12, 2013 in Columbus, Ohio.