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Air Pollution Regulations
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Ohio EPA air pollution regulations are located in the Ohio Administrative Code (OAC) in chapters 3745-14 to 3745-26, 3745-31, 3745-71 to 3745-80, 3745-100 to 3745-105, 3745-108, 3745-109, and 3745-112 to 3745-114. Additional chapters are added as needed to address new laws and requirements related to air pollution control. Individual rule chapters are presented below. Clicking on the Chapter link below will take you directly to the information on that particular chapter, or page down to look at all chapters. For a PDF document of the complete Air Pollution Control Regulations, please click here.
Chapter Links
OAC 3745-14 - Nitrogen Oxides - Budget Trading Program OAC 3745-15 - General Provision on Air Pollution Control OAC 3745-16 - Stack Height Requirements OAC 3745-17 - Particulate Matter Standards OAC 3745-18 - Sulfur Dioxide Regulations OAC 3745-19 - Open Burning Standards OAC 3745-20 - Asbestos Emission Control OAC 3745-21 - Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related Materials Standards OAC 3745-23 - Nitrogen Oxide Standards OAC 3745-24 - NOx and VOC Emission Statements OAC 3745-25 - Emergency Episode Standards OAC 3745-26 - I/M Program Rules and Regulations OAC 3745-31 - Permits to Install New Sources OAC 3745-35 - Air Permits to Operate and Variances OAC 3745-71 - Lead Emissions OAC 3745-72 - Low Reid Vapor Pressure Fuel Requirements OAC 3745-73 - Total Reduced Sulfur OAC 3745-75 - Infectious Waste Incinerator Limitations OAC 3745-76 - Control of Non-methane Organic Compound (NMOC) Emissions From Existing Landfills OAC 3745-77 - Title V Permit Rules OAC 3745-78 - Air Pollution Control Fees OAC 3745-79 - Small Business Technical Assistance OAC 3745-80 - Statewide Motor Vehicle Anti-Tampering Program OAC 3745-100 - Toxic Chemical Release Reporting (TRI) OAC 3745-101 - Transportation Conformity Rules OAC 3745-102 - General Conformity Rules OAC 3745-103 - Acid Rain Permits and Compliance OAC 3745-104 - Accidental Releases Prevention Program OAC 3745-105 - Pathological Waste Incinerators OAC 3745-108 - Clean Air Mercury Rule OAC 3745-109 - Clean Air Interstate Rule OAC 3745-110 - Nitrogen Oxides - Reasonably Available Control Technology OAC 3745-111 - ERC Banking Program OAC 3745-112 - Consumer Products OAC 3745-113 - Architectural and Industrial Maintenance (AIM) Coatings OAC 3745-114 - Toxic Air Contaminants OAC 3745-115 - Outdoor Wood-Fired Boilers Complete Air Pollution Regulations Document
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OAC 3745-14 - Nitrogen Oxides - Budget Trading Program
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Contact: Lee Burkleca 614-728-1344
Ohio EPA, with the assistance of the Ohio Department of Development's Office of Energy Efficiency, has developed a guidance manual to assist those interested in applying for and obtaining NOx allowances from the Energy Efficiency/Renewable Energy and Innovative Technology set-asides. These set-asides are provided in Ohio's NOx Budget Trading Program rules in Ohio Administrative Code ("OAC") Chapter 3745-14 and will be available for projects during the 2006 ozone season, May 1 through September 30.
If you have questions about the program or the application process, please contact Lee Burkleca at 614-728-1344.
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OAC 3745-15 - General Provisions on Air Pollution Control
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Contact: Mike Ahern 614-644-3631
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OAC 3745-16 - Stack Height Requirements
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Contact: Sarah VanderWielen 614-644-3632
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OAC 3745-17 - Particulate Matter Standards
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Contact: Jennifer Hunter 614-644-3696
Drafts and Notices for this Chapter
April 24, 2009: DAPC has prepared draft changes for OAC rule 3745-17-08, "Restriction of emission of fugitive dust." The changes have been prepared as part of the changes to OAC chapter 3745-31 related to federal changes affecting the 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”). For more information on the changes, and to view a draft copy of the amended rule, please scroll down this page to the information under OAC chapter 3745-31 or Click Here.
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OAC 3745-18 - Sulfur Dioxide Regulations
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Contact: Jennifer Hunter 614-644-3696
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OAC 3745-19 - Open Burning Standards
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Contact: Lee Burkleca 614-728-1344
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OAC 3745-20 - Asbestos Emission Control
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Contact: Tom Buchan 614-644-3607
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OAC 3745-21 - Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related Materials Standards
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Contact: Alan Harness 614-644-4838
Drafts and Notices for this Chapter
June 10, 2009: Ohio EPA has proposed amended Ohio Administrative Code (OAC) rule 3745-21-25 to the Joint Committee on Agency Rule Review (JCARR). The rule is related to the control of volatile organic compound emissions from stationary sources. The rule establishes regulations for the control of volatile organic compound emissions from reinforced plastic composites production operations. The new rule is based on the MACT rule for reinforced plastic composites production operations (Subpart WWWW of 40 CFR Part 63) and will apply statewide.
The rule is being proposed after a 30 day comment period which ended on April 10, 2009, please see the Responsive Summary of comments to view Ohio EPA's Responses. We are holding a public hearing on the rule at 10:30 AM on Monday, July 20, 2009 in Conference Room B, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by July 20, 2009 on the rule language. Please see the rule language, synopsis, and the public hearing notice (all linked below) for information on the rule changes and how to submit comments.
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OAC 3745-22 - Oxygenated Fuels Requirements -- Rescinded 10/31/96
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OAC 3745-23 - Nitrogen Oxide Standards
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Contact: Gary Engler 614-644-3623
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OAC 3745-24 - NOx and VOC Emission Statements
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Contact: Mike Ahern 614-644-3631
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OAC 3745-25 - Emergency Episode Standards
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Contact: Paul Braun 614-644-3734
Drafts and Notices for this Chapter
May 22, 2009: Ohio EPA has proposed amended Ohio Administrative Code (OAC) rule 3745-25-03 to the Joint Committee on Agency Rule Review (JCARR). This rule contains the criteria under which the director of Ohio EPA may declare an air pollution "Alert", "Warning" or "Emergency." This rule was recently adopted and effective on April 18, 2009, however, due to a word processing error, an incorrect copy of the rule was accidently adopted. Paragraph (D)(5)(a) of this rule should read, “Two thousand two hundred sixty micrograms per cubic meter (1.2 parts per million by volume), one-hour average; or” to maintain compliance with Ohio's federally approved state implementation plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards. This typographical error was not addressable through the Legislative Service Commission’s (LSC’s) notice of noncompliance (NON) process, therefore the rule must be resubmitted to JCARR.
The rule is being proposed based on a comment received on April 10, 2009, please see the Responsive Summary of comments (linked below) to view Ohio EPA's Response. We are holding a public hearing on the rule at 2:00 PM on Tuesday, June 30, 2009 in Conference Room C, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by June 30, 2009 on the rule language. Please see the rule language, synopsis, and the public hearing notice (all linked below) for information on the rule changes and how to submit comments.
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OAC 3745-26 - I/M Program Rules and Regulations
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Contact: Barbara Walker 614-728-1347
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OAC 3745-31 - Permits to Install New Sources and Permit-to-Install and Operate Program
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Contact: Mike Hopkins 614-644-2270
Drafts and Notices for this Chapter
April 24, 2009: Ohio EPA has completed draft amendments for various rules in Ohio Administrative Code (OAC) 3745-31 and OAC rule 3745-17-08. These rules are related to federal changes affecting the 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”). published May 16, 2008 the United States Environmental Protection Agency (U.S. EPA) published final revisions to 40 CFR Parts 51, 52 and Part 51 Appendix S pertaining to NSR implementation for PM 2.5 as a regulated NSR pollutant. [73 FR 28321].
Ohio EPA is accepting comments on the draft language through Wednesday, May 27, 2009. Please see the rule language, synopsis and public notice (all linked below) for information on the draft language and how to submit comments.
- Interested Party Notice
- Synopsis
- 3745-17-08 Restriction of emission of fugitive dust
- Appendix A
- Appendix B
- 3745-31-01 Definitions
- 3745-31-02 Applicability, requirements, and obligations
- 3745-31-03 Exemptions
- 3745-31-05 Criteria for decision by the director
- 3745-31-06 Completeness determinations, processing requirements, public participation, public notice, and issuance
- 3745-31-07 Termination, revocation, expiration, renewal, revision and transfer
- 3745-31-09 Variances on operation
- 3745-31-11 Attainment provisions - ambient air increments, ceilings and classifications
- 3745-31-13 Attainment provisions - review of major stationary sources and major modifications, stationary source applicability and exemptions
- 3745-31-14 Attainment provisions - preapplication analysis
- 3745-31-21 Nonattainment provisions - review of major stationary sources and major modifications stationary source applicability and exemptions
- 3745-31-22 Nonattainment provisions - conditions for approval
- 3745-31-24 Nonattainment provisions - baseline for determining credit for emission and air quality offset
- 3745-31-25 Nonattainment provisions - location of offsetting emissions
- 3745-31-26 Nonattainment provisions - offset ratio requirements
- 3745-31-27 Nonattainment provisions - administrative procedures for emissions offsets
- 3745-31-33 Site preparation activities prior to obtaining a final permit-to-install or PTIO
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OAC 3745-35 - [RESERVED]
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Drafts and Notices for this Chapter
OAC Chapter 3745-35 was rescinded on June 30, 2008 and replaced by the new Permit-to-Install and Operate Program in OAC Chapter 3745-31. To review the historic language of this chapter, please Click Here
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OAC 3745-71 - Lead Emissions
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Contact: Jennifer Hunter 614-644-3696
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OAC 3745-72 - Low Reid Vapor Pressure Fuel Requirements
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Contact: Alan Harness 614-644-483
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OAC 3745-73 - Total Reduced Sulfur
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Contact: Dana Thompson 614-644-3701
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OAC 3745-74 - Acrylonitrile Services -- Rescinded 10/31/96
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OAC 3745-75 - Infectious Waste Incinerator Limitations
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Contact: Dana Thompson 614-644-3698
Drafts and Notices for this Chapter
May 22, 2009: Ohio EPA has proposed amended Ohio Administrative Code (OAC) rules 3745-75-01 to 3745-75-06 to the Joint Committee on Agency Rule Review (JCARR). These rules are related to operating, performance, testing, and recordkeeping requirements for incinerators used for disposal of medical, infectious, and other types of waste generated in a hospital setting.
The rules are being proposed after a public comment period of 30 days which ended December 31, 2008. No comments were received on the draft rule language. We are holding a public hearing on the rules at 10:30 AM on Tuesday, June 30, 2009 in Conference Room C, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by June 30, 2009 on the rule language. Please see the rule language, synopsis, and the public hearing notice (all linked below) for information on the rule changes and how to submit comments.
November 26, 2008: Ohio EPA has completed draft language for amended rules in Ohio Administrative Code (OAC) Chapter 3745-75, "Infectious Waste Incinerator Limitations." These rules are related to operating, performance, testing, and recordkeeping requirements for incinerators used for disposal of medical, infectious, and other types of waste generated in a hospital setting. Ohio EPA is accepting comments on the draft language through Wednesday, December 31, 2008.
Ohio EPA is accepting comments on the draft language through Wednesday, December 31, 2008. Please see the rule language, synopsis and public notice (all linked below) for information on the draft language and how to submit comments.
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OAC 3745-76 - Control of Non-methane Organic Compound (NMOC) Emissions From Existing Landfills
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Contact: Mike Hopkins 614-644-3611
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OAC 3745-77 - Title V Permit Rules
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Contact: Mike Ahern 614-644-3631
Drafts and Notices for this Chapter
March 6, 2008: Ohio EPA has completed draft language for amendments to Ohio Administrative Code (OAC) chapter 3745-77, "Title V Permit Rules." The amendments incorporate many fix-ups that DAPC believes will improve implementation of the chapter (such as supporting transition out of Title V) and updates the chapter to reflect certain federal updates to 40 CFR Part 70 that have been made since the previous review of the rules in OAC chapter 3745-77. In addition, general changes have been made to update and clarify the rules’ authorizing and amplifying statutes and update information on items incorporated by reference as required in ORC 121.72.
We are accepting comments on the draft language through Monday, April 7, 2008. Please see the rule language, synopsis and public notice, all below, for information on the draft language and how to submit comments.
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OAC 3745-78 - Air Pollution Control Fees
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Contact: Mike Ahern 614-644-3631
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OAC 3745-79 - Small Business Technical Assistance
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Contact: Rick Carleski 614-728-1742
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OAC 3745-80 - Statewide Motor Vehicle Anti-Tampering Program
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Contact: Barbara Walker 614-728-1347
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OAC 3745-100 - Toxic Chemical Release Reporting (TRI)
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Contact: Muhammad Elsalahat 614-644-3608
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OAC 3745-101 - Transportation Conformity Rules
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Contact: Paul Braun 614-644-3734
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OAC 3745-102 - General Conformity Rules
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Contact: Paul Braun 614-644-3734
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OAC 3745-103 - Acid Rain Permits and Compliance
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Contact: Dana Thompson 614-644-3701
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OAC 3745-104- Accidental Releases Prevention Program
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Contact: Sherri Swihart 614-644-35942
Drafts and Notices for this Chapter
June 24, 2009: Ohio EPA has completed draft amendments for various rules in Ohio Administrative Code (OAC) 3745-104, "Accidental Releases Prevention Program." These rules are related to the Accidental Release Prevention Program, or Risk Management Program (RMP). The amendments are a result of the five year review of the chapter as required under ORC 119.032. Ohio EPA finds that OAC rules 3745-104-01 to 3745-104-05, 3745-104-08 to 3745-104-11, 3745-104-13, 3745-104-14, 3745-104-16, 3745-104-17, 3745-104-22, 3745-104-24, 3745-104- 25, 3745-104-34, 3745-104-36, 3745-104-39, 3745-104-40, 3745-104-42, 3745-104-47, 3745-104-49, 3745-104-52, and 3745-104-53 are necessary and in need of amendment. Ohio EPA has identified the remaining rules in this chapter as necessary and without need for change.
We are accepting comments on the amended rule language through Monday, July 27, 2009. Please see the draft amended rules, synopsis and the interested party notice, (all linked below) for additional information on the draft language and details on submitting comments. For the text of the "no-change" rules, please click on the "Effective Rules" button to the right of the chapter title.
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OAC 3745-105 - Pathological Waste Incinerators
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Contact: Dana Thompson 614-644-3701
Drafts and Notices for this Chapter
May 22, 2009: Ohio EPA has proposed amended Ohio Administrative Code (OAC) rules 3745-105-01 to 3745-105-06 to the Joint Committee on Agency Rule Review (JCARR). These rules are related to incineration of human and animal remains, anatomical parts and/or tissue, bags or containers used to transport the waste material, and animal bedding if applicable. They do not pertain to waste categories regulated by the Infectious Waste Incineration Chapter (3745-75) or to certain other incinerator categories such as crematories for human remains.
The rules are being proposed after a public comment period of 30 days which ended December 31, 2008. No comments were received on the draft rule language. We are holding a public hearing on the rules at 10:30 AM on Tuesday, June 30, 2009 in Conference Room C, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by June 30, 2009 on the rule language. Please see the rule language, synopsis, and the public hearing notice (all linked below) for information on the rule changes and how to submit comments.
November 26, 2008: Ohio EPA has completed draft language for amended rules in Ohio Administrative Code (OAC) Chapter 3745-1-5, "Pathological Waste Incinerators." These rules are related to incineration of human and animal remains, anatomical parts and/or tissue, bags or containers used to transport the waste material, and animal bedding if applicable. They do not pertain to waste categories regulated by the Infectious Waste Incineration Chapter (3745-75) or to certain other incinerator categories such as crematories for human remains.
Ohio EPA is accepting comments on the draft language through Wednesday, December 31, 2008. Please see the rule language, synopsis and public notice (all linked below) for information on the draft language and how to submit comments.
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OAC 3745-108 - Clean Air Mercury Rule
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Contact: Lee Burkleca 614-728-1344
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OAC 3745-109 - Clean Air Interstate Rule
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Contact: Lee Burkleca 614-728-1344
- For Documents Related to Ohio's Clean Air Interstate Program, please click here
Drafts and Notices for this Chapter
June 1, 2009: Ohio EPA has refiled Ohio Administrative Code (OAC) rule 3745-109-01 with the Joint Committee on Agency Rule Review (JCARR). The rule is part of a recently proposed package of rules from Ohio's Clean Air Interstate Rules (CAIR) where Ohio EPA made necessary changes as a result of comments submitted by US EPA after the end of Ohio’s CAIR final rulemaking process. The changes will allow USEPA to approve the rule and obtain full SIP approval for Ohio's CAIR program. The refiling was necessary to include an additional, minor change required by USEPA that was not included in the original proposal.
Please note that the refiling does not change the rule's schedule other than extending its JCARR jurisdiction. The rule will still be considered at Ohio EPA's public hearing on June 2, 2009 and is still schedule to be on the July 22, 2009 JCARR hearing agenda. To view the public hearing notice, please click on the public hearing notice linked below with the information dated April 23, 2009. To view a copy of the refiled rule, please CLICK HERE.
April 23, 2009: Ohio EPA has proposed amended Ohio Administrative Code (OAC) rules 3745-109-01, 3745-109-04, 3745-109-07, 3745-109-08, 3745-109-11, 3745-109-12, 3745-109-13, 3745-109-14, 3745-109-17, 3745-109-18, 3745-109-19, 3745-109-20 and 3745-109-21 to the Joint Committee on Agency Rule Review (JCARR). These rules are related to the Clean Air Interstate program which is Ohio’s implementation of the federal Clean Air Interstate Rules (CAIR) as first published in Volume 70 of the Federal Register, Page 25162 (70 FR 25162). These changes are necessary as a result of comments submitted by US EPA after the end of Ohio’s CAIR final rulemaking process. In addition, revisions were made to US EPA’s final CAIR rule on October 19, 2007 (72 FR 59190) that will also be incorporated into Ohio’s CAIR rules during this rulemaking.
The rules are being proposed after a public comment period of 30 days which ended July 7, 2008. Several comments were received on the draft rule language. Please see the Responsive Summary to Comments for a list of the comments and Ohio EPA's responses. We are holding a public hearing on the rules at 10:00 AM on Tuesday, June 2, 2009 in Conference Room C, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by June 2, 2009 on the rule language. Please see the rule language, synopsis, and the public hearing notice for information on the rule changes and how to submit comments.
June 6, 2008: Ohio EPA has completed draft amendments for Ohio Administrative Code (OAC) rules 3745-109-01, 3745-109-04, 3745-109-07, 3745-109-08, 3745-109-11 through 3745-109-14, and 3745-109-17 through 3745-109-21. These rules are related to the Clean Air Interstate program which is Ohio’s implementation of the federal Clean Air Interstate Rules (CAIR) as first published in Volume 70 of the Federal Register, Page 25162 (70 FR 25162). These changes are necessary as a result of comments submitted by US EPA after the end of Ohio’s CAIR final rulemaking process. In addition, revisions were made to US EPA’s final CAIR rule on October 19, 2007 (72 FR 59190) that will also be incorporated into Ohio’s CAIR rules during this rulemaking. For a more detailed description of the draft changes, please see the synopsis document posted on the EPA website at the URL listed below.
We are accepting comments on the amended rule language through Monday, July 7, 2008. Please see the draft amended rules, synopsis and the interested party notice, all linked below, for additional information on the draft language and details on submitting comments.
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OAC 3745-110 - Nitrogen Oxides - Reasonably Available Control Technology
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Contact: Alan Harness 614-644-4838
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OAC 3745-111 - ERC Banking Program
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Contact: Robyn Kenney, 614-644-3425
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OAC 3745-112 - Consumer Products
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Contact: Alan Harness, 614-644-4838
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OAC 3745-113 - Architectural and Industrial Maintenance (AIM) Coatings
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Contact: Lee Burkleca 614-728-1344
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OAC 3745-114 - Toxic Air Contaminants
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Contact: Paul Koval 614-644-3615 To view the rule synopsis and scientific justification, please see the Ohio EPA Air Toxics Webpage.
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OAC 3745-115 - Outdoor Wood-Fired Boilers
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Contact: Carolina Prado 614-644-2310
Drafts and Notices for this Chapter
March 6, 2008: Ohio EPA is extending the draft rule language comment period for new Ohio Administrative Code (OAC) chapter 3745-115, "Outdoor Wood-Fired Boilers." These rules are intended to regulate emissions of particulate matter from outdoor wood-fired boilers (OWB) as part of Ohio's State Implementation Plan. These rules would apply to manufacturers, suppliers, distributors or others intending to sell, lease, distribute or market an OWB in the state of Ohio, as well as those who install, operate or own an OWB.
Ohio EPA will now be accepting comments through Friday, March 21, 2008. Please see the rule language, synopsis and interested party notice, all linked below under the "February 5, 2008" header, for additional information on the draft rule language and how to submit comments.
February 5, 2008: Ohio EPA has completed initial draft language for new Ohio Administrative Code (OAC) chapter 3745-115, "Outdoor Wood-Fired Boilers." These rules are intended to regulate emissions of particulate matter from outdoor wood-fired boilers (OWB) as part of Ohio's State Implementation Plan. These rules would apply to manufacturers, suppliers, distributors or others intending to sell, lease, distribute or market an OWB in the state of Ohio, as well as those who install, operate or own an OWB.
We are accepting comments on the draft language through Friday, March 7, 2008. Please see the rule language, synopsis and public notice, all below, for information on the draft language and how to submit comments.
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Complete Air Pollution Control Regulations Document
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The complete text of all currently effective air pollution regulations can be downloaded in PDF form by clicking on the following link (Note: the file is approximately 7 MB and will take a considerable time to download over a dial-up connection).
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