What's New and Updates 

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June 22, 2016
  • Stakeholder Input Requested on Rules - Startup, Shutdown or Malfunction and Scheduled Maintenance Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) rules 3745-14-11, 3745-15-01, 3745-15-06, and 3745-17-07. Ohio’s startup, shut down or malfunction (SSM) and scheduled maintenance (SM) rules include regulations for identifying and reporting excess emissions during periods of startup, shut down or malfunction and how to how to handle scheduled maintenance of air pollution control equipment. The SSM and SM rules include portions of Ohio Administrative Code (OAC) rules 3745-14-11, 3745-15-01, 3745-15-06, and 3745-17-07. Ohio EPA is performing this rulemaking in response to a U.S. EPA call for modifications to the rules on June 12, 2015 in 80 FR 33840. The amendments to these rules will be proposed to U.S. EPA as modifications to Ohio’s state implementation plan (SIP) for the attainment and maintenance of the national ambient air quality standards (NAAQS).

    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 potential changes to these rules through Thursday. July 28, 2016.

June 15, 2016
  • Availability of Draft for Comment - OAC Chapter 3745-71, Lead Emissions

    Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) chapter 3745-71, "Lead Emissions." This chapter includes standards for ascertaining, defining and measuring ambient air quality for lead particulates. 

    The Division of Air Pollution Control (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 these documents through Monday, July 18, 2016. Please see the public notice, draft business impact analysis, synopsis of changes and draft rule language for information on the proposed changes and how to submit comments.

June 7, 2016
  • Availability of Draft for Comment - OAC Chapter 3745-17,  Particulate Matter Standards

    Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) chapter 3745-17, "Particulate Matter Standards." OAC Chapter 3745-17 establishes requirements for emissions of particulate matter from stationary sources such as fuel burning equipment, storage piles, roadways and industrial processes. The rules in this chapter are part of Ohio’s State Implementation Plan (SIP) to attain and maintain the National Ambient Air Quality Standards (NAAQS) for particulate matter as required by the Clean Air Act. Amendments made to this chapter will be submitted to U.S. EPA as an amendment to Ohio’s SIP.

    The Division of Air Pollution Control (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 these documents through Friday, July 8, 2016. Please see the public notice, draft business impact analysis, synopsis of changes and draft rule language (linked below) for information on the proposed changes and how to submit comments.

June 2, 2016
  • Proposal of Amended Rules/Public Hearing Notice - OAC Chapter 3745-73, Total Reduced Sulfur

    The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) chapter 3745-73, "Total Reduced Sulfur" to the Joint Committee on Agency Rule Review (JCARR). 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.

    Ohio EPA will be holding a public hearing on the amended rules on Tuesday, July 12, 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.

  • Availability of Draft Redesignation Request and Maintenance Plan for the Ohio Portion of the Cincinnati-Hamilton, OH-KY-IN 1997 Annual PM2.5 Nonattainment Area

    Ohio EPA is providing for public comment a draft redesignation request and maintenance plan for the Ohio portion of the Cincinnati-Hamilton, OH-KY-IN 1997 Annual PM2.5 nonattainment area, including Butler, Clermont, Hamilton, and Warren counties.  U.S. EPA previously approved a redesignation request for the Ohio portion of the Cincinnati-Hamilton area from nonattainment to attainment for the 1997 annual PM2.5 NAAQS. U.S. EPA also approved Ohio’s 1997 annual PM2.5 maintenance plan for the Cincinnati-Hamilton area as revisions to the State Implementation Plan (SIP), approved the 2005 emissions inventories for primary PM2.5, NOX, and SO2, and approved the PM2.5 Motor Vehicle Emission Budgets for 2015 and 2021 for the Cincinnati-Hamilton area [76 FR 80253]. On March 18, 2015, the U.S. Court of Appeals for the Sixth Circuit vacated the previous redesignation of the Ohio and Indiana portions of the Cincinnati-Hamilton area. The Sixth Circuit found that U.S. EPA erred when it approved the redesignations because Ohio and Indiana’s SIPs did not provide for reasonably available control measures, including reasonably available control technologies (RACT/RACM) as required by 42 USC 7502(c)(1).  The maintenance plan, emissions inventories and Motor Vehicle Emission Budgets remain approved per U.S. EPA’s action on December 23, 2011 [76 FR 80253]. Ohio has revised the redesignation request and updated the maintenance plan for this area to reflect the provisions of Subpart 4 (Title I, Part D) of the Clean Air Act, including RACT/RACM analysis and updated emissions inventories to include VOCs and ammonia. Air quality monitoring data collected between 2013 and 2015 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 1997 Annual PM2.5 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 Ohio portion of the Cincinnati-Hamilton, OH-KY-IN area as attainment for the 1997 Annual PM2.5 standard, approve Ohio's updated maintenance plan, and approve the Cincinnati-Hamilton area RACT/RACM analysis.

    Ohio EPA will be holding a public hearing on Wednesday, July 6, 2016 at 3:30 PM at Hamilton County Department of Environmental Services located at 250 William Howard Taft Road, Cincinnati, Ohio and requesting comments by July 6, 2016 on Ohio's draft proposal. For information on how to submit comments or attend the hearing please refer to the public notice.

May 31, 2016
  • Stakeholder Input Requested on Rules - Various Chapters in OAC Chapter 3750, State Emergency Response Commission Program Rules
    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapters 3750-1, 3750-15, 3750-25, 3750-30, and 3750-50. The rules in this rulemaking contain various portions of the state emergency response commission (SERC) including the following:

    • OAC Rules 3750-1-(01, 02) – The rules in this chapter contain the basic definitions and purpose statement used by the SERC.
    • OAC Rule  3750-15-05 – This rule contain requirements the procedures the SERC will use for providing public notice of proposed rules.
    • OAC Rules 3750-25-(01, 05, 10, 15, 25) – The rules in this chapter contain the requirements for emergency release notification including procedures for determining if a facility is subject to notification requirements and designation of hazardous substances.
    • OAC Rules 3750-30-(01, 20) – These rules contain requirements for hazardous chemical reporting
    • OAC Rules 3750-50-(03, 05, 10, 20) – The rules in this chapter address annual inventory filing fees and various fund utilized by the SERC.

    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 Friday, July 1, 2016.

     

May 27, 2016
  • Proposal of Amended Rules - OAC Rule 3745-76-01 and 3745-76-10 - Control of NMOCs from Existing Landfills
    The Division of Air Pollution Control (DAPC) has proposed amended Ohio Administrative Code (OAC) rules 3745-76-01 and 3745-76-10  to the Joint Committee on Agency Rule Review (JCARR). The rules in OAC Chapter 3745-76 regulate emissions of non-methane organic compounds (NMOC) from landfills in operation on or before May 31, 1991 that have not been modified or expanded. The changes to these two rules are minor for clarification and to update information on the version and availability of referenced materials.

    Ohio EPA will be holding a public hearing on the amended rules on Wednesday, July 6, 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.

    May 25, 2016
    • Refiling of Rules - OAC Chapter 3745-72 – Low Reid Vapor Pressure Fuel Requirements with the Joint Committee on Agency Rule Review
      Ohio EPA has refiled amended rules in Ohio Administrative Code (OAC) Chapter 3745-72 with the Joint Committee on Agency Rule Review (JCARR) after an original filing the occurred on August 26, 2015. Based on comments received during the proposal comment period which ended October 5, 2016 and a public hearing which also occurred October 5, 2016, Ohio EPA determined that additional changes to the proposed language were necessary and placed the rules in TBR status, thereby suspending the JCARR process. After making changes to OAC rules 3745-72-01 and 3745-72-02, Ohio EPA is refiling the rule language, placing the rules 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 rules, the comments received, and Ohio EPA's responses to the comments and discussion of changes made, please see the amended rules (run-on document), response to comments document and synopsis of changes document.

    May 18, 2016
    • Availability of Draft Redesignation Request and Maintenance Plan for the Cleveland-Akron-Lorain, Ohio 2008 Ozone Nonattainment Area
      Ohio EPA is providing for public comment a draft redesignation request and maintenance plan for the Cleveland-Akron-Lorain 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 Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit were designated nonattainment for the Cleveland-Akron-Lorain area. Air quality monitoring data collected between 2013 and 2015 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 Cleveland-Akron-Lorain area as attainment for the 2008 ozone NAAQS and approve Ohio's maintenance plan.

      Ohio EPA will be holding a public hearing on Tuesday, June 27, 2016 at 3:00 PM at Ohio EPA Northeast District Office, located at 2110 East Aurora Road, Twinsburg, Ohio 44087 and requesting comments by June 27, 2016 on Ohio's draft proposal. For information on how to submit comments or attend the hearing please refer to the public notice.

    May 16, 2016
    • Engineering Guide 44
      A revision was made to Engineering Guide 44: Portable Source Permitting, Relocation, and Compliance to align it with the recent rule changes that went into effect May 1, 2016 for OAC 3745-31-03 (B)(1)(p).

    May 11, 2016
    • Availability of Draft Redesignation Request and Maintenance Plan for the Partial Cuyahoga County Oh Annual Lead NonAttainment Area and Public Hearing Notice
      Ohio EPA is providing for public comment a draft redesignation request and maintenance plan for the Partial Cuyahoga County Oh Annual Lead NonAttainment Area. Ohio EPA is requesting that the United States Environmental Protection Agency (U.S. EPA) revise the current air quality designation for the Partial Cuyahoga County nonattainment area, to attainment with respect to the 2008 lead national ambient air quality standard (NAAQS). Air quality monitoring data collected between 2012 and 2014 in the area demonstrate 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 2008 lead standard in this area at least ten years into the future.

      Ohio EPA will be holding a public hearing on Tuesday, June 14, 2016 at 3:00 PM at the Cleveland Public Library, Fleet Branch, 7224 Broadway Ave., Cleveland, OH 44105 and requesting comments by June 14, 2016 on Ohio's draft proposal. For the text of Ohio's redesignation request, please see the draft document. For information on how to submit comments or attend the hearing please refer to the public notice.

    May 6, 2016
    • Proposal of Amended Rules - OAC Rule 3750-30-25 and 3750-50-01 - SERC Administrative Rules
      The Division of Air Pollution Control (DAPC) on behalf of the State Environmental Response Commission (SERC) has proposed amended Ohio Administrative Code (OAC) rules 3750-30-25 and 3750-50-01  to the Joint Committee on Agency Rule Review (JCARR). These rules address identification of hazardous chemicals and annual inventory filing fees and forms. The rules are being proposed to address minor administrative issues identified by the JCARR during the rule review process.

      Ohio EPA will be holding a public hearing on the amended rules on Wednesday, June 15, 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.

    April 21, 2016
    • Adoption of Amended Rule Language - OAC Chapter 3745-31 - Permits-to-Install New Sources and Permit-to-Install and Operate Program

      Ohio EPA has adopted 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.

      The amended rule will be effective as of Sunday, May 1, 2016 (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 Jan. 7, 2016, and a public hearing held on Jan. 7, 2016, at Ohio EPA central office in Columbus, Ohio.

    April 18, 2016
    • Availability of Draft for Comment - OAC Chapter 3745-24, NOx and VOC Emission Statements
      Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) chapter 3745-24, "NOx and VOC Emission Statements." The rules in this chapter contain the requirements for annual emission reporting of total nitrogen oxides and volatile organic compounds emissions if they are greater than 25 tons per year by all facilities.

      The Division of Air Pollution Control (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 these documents through Friday, May 20, 2016. Please see the public notice, amended rules and synopsis of changes documents for information on the changes and how to submit comments.

       

    • ‚ÄčAvailability of Draft for Comment - OAC Chapter 3745-78, Air Pollution Control Fees
      Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) chapter 3745-78, "Air Pollution Control Fees." The rules in this chapter contain the requirements for annual fee emission reports that quantify the actual emission data for particulate matter, sulfur dioxide, organic compounds, nitrogen oxides, and lead for facilities.

      The Division of Air Pollution Control (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 these documents through Friday, May 20, 2016. Please see the public notice, amended rules and synopsis of changes documents for information on the changes and how to submit comments.


    April 7, 2016
    • Availability of Draft General Permits for Compressor Stations

      The Division of Air Pollution Control (DAPC) is requesting comment from interested parties on the draft general permit designed to cover equipment typically found at compressor stations. These documents have been modified based on the feedback we received from our initial proposal last year. DAPC would like interested parties to review the revised documents and provide comments by May 18, 2016. More details on this proposal can be found here.

    March 29, 2016
    • Adoption of Amended Rule Language - OAC rule 3745-21-07

      Ohio EPA has adopted amended Ohio Administrative Code (OAC) Rule 3745-21-07, "Control of emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18, or 3745-21-26 of the Administrative Code)." This rule sets limits as well as monitoring and reporting requirements for emissions of volatile organic compounds (VOCs) from manufacturing processes except for those processes covered in the rules mentioned in the title.

      The amended rule will be effective as of Friday, April 8, 2016 (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.

    March 11, 2016
    • Submittal of Statewide 5-year Progress Report on Regional Haze Submitted to USEPA
      Ohio EPA has submitted the 5-year Regional Haze progress report for its initial Regional Haze State Implementation Plan (SIP). This report discusses the progress that is being made and the adequacy of the Ohio Regional Haze SIP in reducing Ohio’s impact on neighboring Class I areas. This report demonstrates the progress Ohio is making in reducing emissions, and these reductions are expected to continue at an even quicker pace than originally predicted in the Ohio Regional Haze SIP due to the implementation of stricter controls than originally expected at the time of the SIP.

    February 23, 2016
    • Refiling of Rules - OAC Chapter 3745-31 - Permits-to-Install New Sources and Permit-to-Install and Operate Program with the Joint Committee on Agency Rule Review
      Ohio EPA has refiled amended rules in Ohio Administrative Code (OAC) Chapter 3745-31 with the Joint Committee on Agency Rule Review (JCARR) after an original filing the occurred on November 30, 2015. Based on comments received during the proposal comment period which ended January 6, 2016 and a public hearing which also occurred January 7, 2016, Ohio EPA determined that additional changes to the proposed language were necessary and placed the rules in TBR status, thereby suspending the JCARR process. After making changes to OAc rules 3745-31-01 and 3745-31-03, Ohio EPA is refiling the rule language, placing the rules 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 rules, the comments received, and Ohio EPA's responses to the comments and discussion of changes made, please see the amended rule (run-on document), response to comments document and synopsis of changes document.

    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 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. 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 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 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.

      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.
      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.