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News and Updates
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| Monday, November 23, 2009 |
- Ohio EPA has proposed amended rules in Ohio Administrative Code (OAC) chapter 3745-77, "Title V Permit Rules" to the Joint Committee on Agency Rule Review (JCARR). 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.
The rules are being proposed after a 30 day comment period which ended on April 7, 2008, please see the Responsive Summary of comments to view Ohio EPA's Responses. We are holding a public hearing on the rule at 1:00 PM on Wednesday, December 30, 2009 in Conference Room B, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by December 30, 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.
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| Friday, November 20, 2009 |
- Ohio EPA has proposed amended Ohio Administrative Code (OAC) rule 3745-21-22, "Control of volatile organic compound emissions from offset lithographic printing and letterpress printing facilities" to the Joint Committee on Agency Rule Review (JCARR). The rule contains the requirements for reasonably available control technologies (RACT) for the control of VOC emissions from stationary sources (lithographic and letterpress printing). The purpose of this rule is to aid in the reduction of VOC emissions, an ozone precursor, from stationary sources so that the measured ozone levels in the Cleveland/Akron combined metropolitan statistical area will be able to achieve the applicable 8-hour ground level ozone standard of 0.075 parts per million (ppm), as established by U.S. EPA.
The rule is being proposed after a 30 day comment period which ended on September 14, 2009, please see the Responsive Summary of comments to view Ohio EPA's Responses. We are holding a public hearing on the rule at 11:00 AM on Wednesday, December 30, 2009 in Conference Room B, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by December 30, 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.
- Ohio EPA has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-80, "Statewide Motor Vehicle Anti-Tampering Program" to the Joint Comittee on Agency Rule Review (JCARR). These rules are related to the statewide anti-tampering program. The rules establish that no person shall interfere with the operation of or by-pass a motor vehicle's emissions control system and establishes the criteria and requirements for inspecting vehicles to ensure that the vehicle's emission control equipment has not been tampered with. The amendments were made as part of the 5-year review as required by Ohio Revised Code (ORC) 119.032.
The rules are being proposed after a 30 day comment period which ended on October 30, 2009, please see the Responsive Summary of comments to view Ohio EPA's Responses. We are holding a public hearing on the rules at 10:00 AM on Wednesday, December 30, 2009 in Conference Room B, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by December 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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| Wednesday, November 4, 2009 |
- Ohio EPA has completed the draft Redesignation and Maintenance Plan for the Ohio Portion of the Cincinnati-Hamilton Ozone Basic Nonattainment Area. The Ohio portion of the Cincinnati-Hamilton area includes Butler, Clermont, Clinton, Hamilton and Warren Counties.
Ohio EPA is holding a public hearing on December 9, 2009 at 2:30 PM at Hamilton County Department of Environmental Services located at 250 William Howard Taft Road, Cincinnati, Ohio and requesting comments by December 11, 2009 on Ohio's draft proposal. Please see the draft Redesignation and Maintenance Plan for the Ohio Portion of the Cincinnati-Hamilton Ozone Basic Nonattainment Area and the public hearing notice on proposal and how to submit comments.
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| Tuesday, November 3, 2009 |
- Ohio EPA has refiled new Ohio Administrative Code (OAC) rule 3745-21-25, "Control of VOC emissions from reinforced plastic composites production operations " with the Joint Committee on Agency Rule Review (JCARR). 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 was originally pulled from the rulemaking process to address comments received on the proposed rule language. Please see the refiled rule language and responsive summary to comments document for details regarding changes made to the proposed rule language. **Please note, the refiled rules are not effective at this time. They will become effective at a future date after completion of a review by the Joint Committee on Agency Rule Review (JCARR). Please watch this website for future developments.
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| Friday, October 23, 2009 |
- Ohio EPA has completed draft amendments for Ohio Administrative Code (OAC) Rule 3745-108-07, “Monitoring and Reporting.” This rule is part of the Clean Air Mercury Rules (CAMR) program. The federal CAMR program was vacated by the U.S. Court of Appeals for the District of Columbia, New Jersey v. Environmental Protection Agency, 51 7 F.3d 574 (D.C. Cir. 2008) in 2008. Originally, Ohio EPA extended the state deadline for affected parties to submit certifications of the operation of, and quarterly reports for their mercury monitoring programs to January 1, 2011 under the assumption that USEPA would be developing a replacement program. Due to the lack of progress on a replacement by USEPA, Ohio EPA has now concluded that an additional delay to January 1, 2013 is necessary. It should be noted that if sections of Ohio’s current CAMR program can be incorporated into any future federal mercury program they will which is the reasoning behind extending the deadline, otherwise Ohio EPA will rescind the entire Chapter (OAC chapter 3745-108).
We are accepting comments on the amended rule language through Tuesday, November 24, 2009. Please see the draft amended rule, synopsis and the interested party notice for additional information on the draft language and details on submitting comments. These documents can be accessed by double clicking on their names, which are links to the documents.
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| Thursday, October 22, 2009 |
- Ohio EPA has proposed amended Ohio Administrative Code (OAC) rules 3745-14-01 and 3745-14-06 to the Joint Committee on Agency Rule Review (JCARR). These rules are related to Ohio’s NOx SIP call (NOx Budget Trading program) for the reduction of nitrogen oxides (NOx) during the ozone season from electrical generation units and large industrial boilers. The primary purpose of these amendments is to facilitate the transition of affected units from the NOx SIP call into the Clean Air Interstate Rule (CAIR) program (OAC Chapter 3745-109) and to begin the process of ‘sunsetting” the parts of OAC Chapter 3745-14 which will no longer be needed as a result of Ohio’s CAIR rules beginning in 2009.
The rules are being proposed after a 30 day comment period which ended on September 11, 2009, please see the Responsive Summary of Comments to view Ohio EPA's Responses. We are holding a public hearing on the rule at 11:00 AM on Tuesday, December 1, 2009 in Conference Room C, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by December 1, 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.
- Ohio EPA has proposed various amended rules in Ohio Administrative Code (OAC) chapter 3745-104, "Accidental Releases Prevention Program" to the Joint Committee on Agency Rule Review (JCARR).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.
The rules are being proposed after a 30 day comment period which ended on July 27, 2009. No comments were received. We are holding a public hearing on the amended rules at 10:00 AM on Tuesday, December 1, 2009 in Conference Room C, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by December 1, 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.
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| Monday, October 19, 2009 |
- The Title V emissions fee for reporting year 2009 will be $43.83 per ton. The fee was calculated based on a 0.18% increase in the All Urban Consumers subset of the Consumer Price Index for the 12-month time period from 9/1/08 through 8/31/09, as reported by the U.S. Bureau of Labor Statistics.
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Tuesday, September 29, 2009
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- Ohio EPA has completed draft amendments for rules in Ohio Administrative Code (OAC) Chapter 3745-80, "Statewide Motor Vehicle Anti-Tampering Program." These rules are related to the statewide anti-tampering program. The rules establish that no person shall interfere with the operation of or by-pass a motor vehicle's emissions control system and establishes the criteria and requirements for inspecting vehicles to ensure that the vehicle's emission control equipment has not been tampered with. The amendments were made as part of the 5-year review as required by Ohio Revised Code (ORC) 119.032.
We are accepting comments on the amended rule language through Friday, October 30, 2009. Please see the draft amended rules, synopsis and the interested party notice, for additional information on the draft language and details on submitting comments. These documents can be accessed by double clicking on their names, which are links to the documents.
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Tuesday, September 15, 2009
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- Effective, September 15, 2009, U.S. EPA has approved Ohio EPA’s redesignation requests for attainment of the 1997 Ozone Standard for both the Cleveland-Akron-Lorain Area and Columbus Area. The following counties in the Cleveland-Akron-Lorain Area are now attainment for the 1997 ozone standard: Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit. The following counties in the Columbus Area are now in attainment for the 1997 ozone standard: Delaware, Fairfield, Franklin, Knox, Licking, and Madison Counties.
In 1997, U.S. EPA established an eight-hour ozone standard set at 0.08 parts per million (ppm). Subsequently, several areas in Ohio were designated as nonattainment based upon monitoring data showing exceedances of this standard. More recent air monitoring data indicated that the 1997 ozone standard has been attained throughout these two areas based on 2006-2008 air quality data. Therefore, Ohio EPA submitted redesignation requests for the 1997 Ozone Standard for the Cleveland-Akron-Lorain Area and Columbus Area on March 17, 2009. On March 12, 2008, USEPA revised the eight-hour ozone standard by strengthening the level of the standards from 0.08 ppm to 0.075 ppm. Ohio EPA expects that U.S. EPA will designate both the Cleveland-Akron-Lorain area and the Columbus Area non-attainment for the newly revised 2008 eight-hour ozone standard in March 2010.
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Wednesday, August 19, 2009
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- The Ohio Environmental Protection Agency (Ohio EPA) is soliciting comments regarding the extent of Ohio’s nonattainment areas for the revised lead National Ambient Air Quality Standard (NAAQS) which lowered the standard from 1.5 micrograms per cubic meter (ug/m3) to 0.15 ug/m3. The United States Environmental Protection Agency (U.S. EPA) adopted this revised lead standard effective on October 15, 2008. The comments received will be used to formulate the State’s formal recommendation proposal to U.S. EPA. Currently Ohio does not have any lead nonattainment areas. Ohio EPA’s preliminary recommendations are for partial nonattainment areas to be established in Cuyahoga, Fulton and Logan Counties. Ohio EPA is also recommending the following areas be identified as unclassifiable until additional monitoring data can be collected to accurately identify these areas as attaining or not attaining: the remainder of Cuyahoga County and Marion, Stark, Trumbull, Hamilton, Lucas, Mahoning, Montgomery and Summit Counties.
We are holding a public hearing on September 23, 2009 at 10:30 AM in Conference Room B, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by September 24, 2009 on Ohio's draft preliminary recommendations. Please see the draft lead designation recommendation document and the public hearing notice for information on the recommendations and how to submit comments.
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| Friday, August 14, 2009 |
- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended rules in 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. The amendments were made as part of the routine 5 year review required under ORC 119.032.
The rules will be effective as of Monday, August 24, 2009 (see Public Notice of Adoption). The rule is being adopted after a draft rule comment period ending December 31, 2008, a proposed rule comment period ending June 30, 2009, and a public hearing held on June 30, 2009. No comments were received on the draft or proposed language.
- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended rules in OAC Chapter 3745-105, "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. The amendments were made as part of the routine 5 year review required under ORC 119.032.
The rules will be effective as of Monday, August 24, 2009 (see Public Notice of Adoption). The rule is being adopted after a draft rule comment period ending December 31, 2008, a proposed rule comment period ending June 30, 2009, and a public hearing held on June 30, 2009. No comments were received on the draft or proposed language.
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Wednesday, August 12, 2009
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- Ohio EPA has completed draft amendments for Ohio Administrative Code (OAC) Rule 3745-21-22, "Control of volatile organic compound emissions from offset lithographic printing and letterpress printing facilities." The rule contains the requirements for reasonably available control technologies (RACT) for the control of VOC emissions from stationary sources (lithographic and letterpress printing). The purpose of this rule is to aid in the reduction of VOC emissions, an ozone precursor, from stationary sources so that the measured ozone levels in the Cleveland/Akron combined metropolitan statistical area will be able to achieve the applicable 8-hour ground level ozone standard of 0.075 parts per million (ppm), as established by U.S. EPA.
We are accepting comments on the amended rule language through Monday, September 14, 2009. Please see the draft amended rule, synopsis and the interested party notice, for additional information on the draft language and details on submitting comments. These documents can be accessed by double clicking on their names, which are links to the documents.
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Tuesday, August 11, 2009
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- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended OAC rule 3745-25-03, "Air pollution emergencies and episode criteria." This rule contains the criteria under which the director of Ohio EPA may declare an air pollution "Alert", "Warning" or "Emergency." The adoption of this amended rule corrects an error in paragraph (D)(5)(a) of this rule and restores the “Warning level” for nitrogen dioxide to meet federal requirements.
The rule will be effective as of Friday, August 21, 2009 (see Public Notice of Adoption). The rule is being adopted after a proposed rule comment period ending June 30, 2009, and a public hearing held on June 30, 2009. No comments were received on the proposed language.
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Monday, August 10, 2009
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- Ohio EPA has completed draft amendments for Ohio Administrative Code (OAC) Rules 3745-14-01 and 3745-14-06. These rules are related to Ohio’s NOx SIP call (NOx Budget Trading program) for the reduction of nitrogen oxides (NOx) during the ozone season from electrical generation units and large industrial boilers. The primary purpose of these amendments is to facilitate the transition of affected units from the NOx SIP call into the Clean Air Interstate Rule (CAIR) program (OAC Chapter 3745-109) and to begin the process of ‘sunsetting” the parts of OAC Chapter 3745-14 which will no longer be needed as a result of Ohio’s CAIR rules beginning in 2009.
We are accepting comments on the amended rule language through Friday, September 11, 2009. Please see the draft amended rules, synopsis and the interested party notice, for additional information on the draft language and details on submitting comments. These documents can be accessed by double clicking on their names, which are links to the documents.
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Monday, July 6, 2009
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- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended 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. 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 were necessary as a result of comments submitted by US EPA after the end of Ohio’s CAIR final rulemaking process (September, 2007) and to make revisions which were included in US EPA’s final CAIR rule of October 19, 2007 (72 FR 59190).
The rules will be effective as of Thursday, July 16, 2009 (see Public Notice of Adoption). The rules are being adopted after a 30 day draft rule comment period that ended on July 7, 2008, a proposed rule comment period ending June 2, 2009, and a public hearing held on June 2, 2009. To view Ohio EPA's responses to comments received, please click on the bolded dates which are links to the responsive summaries.
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Tuesday, June 29, 2009
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- On behalf of the State Emergency Response commission (SERC), Ohio EPA is proposing Ohio Administrative Code (OAC) rules 3750-20-70, 3750-20-72, 3750-20-74, 3750-20-76, 3750-20-78, 3750-20-80, 3750-20-82, and 3750-20-84 to the Joint Committee on Agency Rule Review (JCARR). These rules contain administrative requirements used by the SERC and the Emergency Management Agency (EMA) and contain the requirements for emergency exercises and emergency management plans. This proposal was based on the 5 year review requirements of Ohio Revised Code (ORC) 119.032. Based on a review by the state EMA, these rules are necessary, but no changes are required. The rules will remain in effect as is pending a review by the JCARR. To view the text of the rules mentioned above, please click here.
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Wednesday, June 24, 2009
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- 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, for additional information on the draft language and details on submitting comments. These documents can be accessed by double clicking on their names, which are links to the documents.
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Wednesday, June 10, 2009
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- 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 for information on the rule changes and how to submit comments.
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Monday, June 1, 2009
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- 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 a copy of the refiled rule, please CLICK HERE.
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Friday, May 22, 2009
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- 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 amended and resubmitted to JCARR.
The rule is being proposed based on a comment received on April 10, 2009, please see the Responsive Summary of comments 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 for information on the rule changes and how to submit comments.
- 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 for information on the rule changes and how to submit comments.
- 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 for information on the rule changes and how to submit comments.
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Friday, April 24, 2009
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- 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].
We are accepting comments on the amended rule language through Wednesday, May 27, 2009. Please see the draft amended rules, synopsis and the interested party notice, for additional information on the draft language and details on submitting comments. These documents can be accessed by double clicking on their names, which are links to the documents.
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Thursday, April 23, 2009
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- 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.
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Wednesday, April 8, 2009
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- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended OAC rules 3745-17-03, 3745-17-14, 3745-18-03, and 3745-23-02. Ohio EPA is also adopting new OAC rules 3745-23-01, 3745-25-01, 3745-25-02, 3745-25-03, 3745-25-04 with Appendix A, and 3745-25-05 and rescinding existing rules 3745-17-02, 3745-18-02, 3745-21-02, 3745-23-01, 3745-25-01, 3745-25-02, 3745-25-03, 3745-25-04, and 3745-71-02. These Rules are intended to Consolidate the Ambient Air Quality Standards for the State of Ohio and complete the 5 year review of OAC chapter 3745-25 as required by Ohio Revised Code (ORC) 119.032. The consolidation of Ohio's ambient air quality standards (AAQS) into a single rule will provide greater accessibility for the regulated community and the citizens of Ohio.
The rules will be effective as of Saturday April 18, 2009 (see Public Notice of Adoption). The rules are being adopted after a 30 day draft rule comment period that ended on December 23, 2008, a proposed rule comment period ending March 5, 2009, and a public hearing held on March 5, 2009. No comments were received during either comment period or at the public hearing.
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Monday, March 23, 2009
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- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended OAC rules 3745-21-01, 3745-21-04, 3745-21-09, 3745-21-14, 3745-21-16, 3745-21-18, and 3745-21-21. Ohio EPA is also adopting new OAC rules 3745-21-22, 3745-21-23, and 3745-21-24 and rescinding rule 3745-21-11. These rules are based on control technology guidelines (CTGs) issued by U.S. EPA in 2006 and 2007. The CTG-based rules are intended to address federal requirements, and along with the other rules in this submittal assist in achieving and maintaining the ozone national ambient air quality standard. The new rules will apply to the eight "moderate" non-attainment counties located in the Cleveland/Akron, Ohio metropolitan area (i.e., Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit County).
The rules will be effective as of Thursday, April 2, 2009 (see Public Notice of Adoption). The rules are being adopted after a 44 day draft rule comment period that ended on November 28, 2008, a proposed rule comment period ending February 13, 2009, and a public hearing held on February 13, 2009. Comments were received during each comment period and changes were made to the draft and proposed language as a result. To see Ohio EPA's responses to the comments, please click on the bolded name in the preceding sentence to link to the responsive summary for that comment period.
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Monday, February 20, 2009
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- Ohio EPA has refiled new, amended, and rescinded rules in Ohio Administrative Code (OAC) chapter 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related Materials Standards" with the Joint Committee on Agency Rule Review (JCARR). The rules in this submittal are based on control technology guidelines (CTGs) issued by U.S. EPA in 2006 and 2007. The CTG-based rules are intended to address federal requirements, and along with the other rules in this submittal assist in achieving and maintaining the ozone national ambient air quality standard. The new rules will apply to the eight "moderate" non-attainment counties located in the Cleveland/Akron, Ohio metropolitan area (i.e., Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit County).
The rules were originally pulled from the rulemaking process to address comments received concerning the proposed rule changes. Please review the refiled rule language for details regarding changes made to the proposed rule language. These documents can be accessed by double clicking on their names, which are links to the documents. Please note, the refiled rules are not effective at this time. They will become effective at a future date after completion of a review by the Joint Committee on Agency Rule Review (JCARR). Please watch this website for future developments.
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Monday, February 9, 2009
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Monday, January 26, 2009
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- The pages of Title V Permits have been updated.
- Ohio EPA has proposed new, amended, and rescinded rules in Ohio Administrative Code (OAC) chapters 3745-17, 3745-18, 3745-21, 3745-23, 3745-25, and 3745-71 to the Joint Committee on Agency Rule Review (JCARR). The proposal of these rules is intended to Consolidate the Ambient Air Quality Standards for the State of Ohio and complete the 5 year review of OAC chapter 3745-25 as required by Ohio Revised Code (ORC) 119.032. Specifically, Ohio EPA is proposing the following changes:
Amendment of OAC rules: 3745-17-03, 3745-17-14, 3745-18-03
Rescission of rules and replacement with new language, OAC rules: 3745-23-01 and 3745- 25-01 to 3745-25-04
Rescission of rules with no replacement:, OAC rules: 3745-17-02, 3745-18-02, 3745-21-02, 3745-23-02, and 3745-71-02
Promulgation as new rule, OAC rule: 3745-25-05
As part of Ohio's state implementation plan (SIP) for attaining and maintaining the national ambient air quality standards (NAAQS), Ohio EPA adopted the federal standards into our state rules. The particulate matter (PM) standard was located in Ohio Administrative Code (OAC) Chapter 3745-17, sulfur dioxide (SO2) in 3745-18, carbon monoxide (CO) and ozone (O3) in 3745-21, nitrogen dioxide (NO2) in 3745-23 and lead (Pb) in 3745-71. The wide scattering of these standards throughout the various chapters often caused confusion among the regulated community, requiring them to perform extensive searches to find individual standards. The intent of this rulemaking effort is to consolidate Ohio's ambient air quality standards (AAQS) into a single rule to provide greater accessibility for the regulated community and the citizens of Ohio.
The rules are being proposed after a public comment period of 30 days which ended December 23, 2008. No comments were received on the draft rule language. After internal review, one rule (3745-17-08) was removed from the draft package as it was needed in a separate rulemaking effort. We are holding a public hearing on the new, amended, and rescinded rules at 10:30 AM on Thursday, March 5, 2009 in Conference Room B, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by March 5, 2009 on the new, amended, and rescinded rule language. Please see the rule language, synopsis, and the public hearing noticefor information on the rule changes and how to submit comments.
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Friday, January 23, 2009
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Important Notification for facilities affected by the July 30, 2007 vacated "Boiler MACT" rule (40 CFR Part 63, Subpart DDDDD) and other source categories after a MACT rule is vacated by Court mandate, that choose to submit an application under Section 112(j), please see Answer Place topic 1647, "Permit application obligations for Sources subject to the vacated boiler MACT" for important information.
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Monday, January 12, 2009
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- Air Services online training session: January 13, 2009 - 2:00 to 3:00 PM (Click here for an Agenda) (Click here for instructions on how to join)
- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended OAC rules 3745-15-01, 3745-15-02, 3745-15-04, 3745-15-05, 3745-15-08, and 3745-15-09. These rules establish the general provisions for air pollution sources located in the State of Ohio.
The rules will be effective as of Thursday, January 22, 2009 (see Public Notice of Adoption). The rules are being adopted after a 30 day draft rule comment period that ended on July 28, 2006, a proposed rule comment period ending February 8, 2007, and a public hearing held on January 8, 2007. Although comments were received during these periods, none were on the rules being filed today. For information on comments, please see DAPC's "Letter to Commenters" dated November 26, 2008.
- On behalf of the State Emergency Response commission (SERC), Ohio EPA is proposing Ohio Administrative Code (OAC) rules 3750-10-01, 3750-10-03, 3750-10-05, 3750-10-07 3750-10-09, 3750-20-60, 3750-75-02, 3750-75-05, and 3750-75-07 to 3750-75-10 to the Joint Committee on Agency Rule Review (JCARR). These rules contain administrative requirements used by the SERC plus requirements for emergency lock box units. This proposal was based on the 5 year review requirements of Ohio Revised Code (ORC) 119.032. Based on our review, these rules are necessary, but no changes are required. The rules will remain in effect as is pending a review by the JCARR. To view the text of the rules mentioned above, please click here.
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Monday, January 5, 2009
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- Ohio EPA has proposed new, amended, and rescinded rules in Ohio Administrative Code (OAC) chapter 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related Materials Standards" to the Joint Committee on Agency Rule Review (JCARR). Specifically, OEPA is proposing to amend OAC rules 3745-21-01, 3745-21-04, 3745-21-09, 3745-21-14, 3745-21-16, 3745-21-18, and 3745-21-21, rescind OAC rule 3745-21-11, and is proposing as new OAC rules 3745-21-22 to 3745-21-24. The rules in this submittal are based on control technology guidelines (CTGs) issued by U.S. EPA in 2006 and 2007. The CTG-based rules are intended to address federal requirements, and along with the other rules in this submittal assist in achieving and maintaining the ozone national ambient air quality standard. The new rules will apply to the eight "moderate" non-attainment counties located in the Cleveland/Akron, Ohio metropolitan area (i.e., Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit County).
The rules are being proposed after a public comment period of 44 days which ended November 28, 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 new, amended, and rescinded rules at 3:30 PM on Friday, February 13, 2009 in Conference Room A, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by February 13, 2009 on the new, amended, and rescinded rule language. Please see the rule language, synopsis, and the public hearing notice for information on the rule changes and how to submit comments.
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Monday, December 29, 2008
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- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted new Ohio Administrative Code (OAC) chapter 3745-111, "ERC Banking Program." The new rules establish a voluntary emissions reduction credit (ERC) banking program for the purpose of emission offsets. The ERC banking program provides a more efficient way to generate, transfer and use ERCs in nonattainment areas within the State of Ohio. Rather than using a case-by-case method of verifying ERCs at the time of use, this program streamlines many procedural functions and creates an ERC banking system that publicly displays all available ERCs on the Ohio EPA website so that facilities in need of emission offsets know what is available before applying for a permit subject to major New Source Review.
The rules will be effective as of Thursday, January 8, 2009 (see Public Notice of Adoption). The rules are being adopted after a 60 day draft rule comment period that ended on November 15, 2007, a proposed rule comment period ending September 30, 2008, and a public hearing held on September 23, 2008. Comments were received during both comment periods. To view OEPA's responses to the comments, click on the bolded names in the preceding sentence to follow a link to the document.
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Tuesday, December 16, 2008
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- Notice is hereby given that the Director of Environmental Protection, under the authority of Ohio Revised Code (ORC) Section 3704.03(E), has adopted amended Ohio Administrative Code (OAC) rule 3745-108-07, "Monitoring and Reporting." This rule is part of the Clean Air Mercury Rules (CAMR) program. DAPC has adopted this amendment as a result of the vacatur of the federal CAMR program by the U.S. Court of Appeals for the District of Columbia, New Jersey v. Environmental Protection Agency, 51 7 F.3d 574 (D.C. Cir. 2008). This particular rule had a January 1, 2009 deadline for affected parties to submit certifications of the operation of, and quarterly reports for their mercury monitoring programs. The adopted amendment will delay the deadline two years to January 1, 2011. Delaying the deadline allows time for appeals of the federal court decision to run their course and for US EPA to make final decisions regarding CAMR. In addition, keeping these deadlines in this rule section may maintain further progress in the development of monitoring systems for mercury that will likely still be incorporated in subsequent federal/state rule making for mercury emissions from coal burning power plants.
The rules will be effective as of Friday, December 26, 2008 (see Public Notice of Adoption). The rules are being adopted after a 15 day draft rule comment period that ended on September 3, 2008, a 30 day proposed rule comment period that ended on November 17, 2008, and after a public hearing on November 17, 2008. Some comments were received during both the draft and proposed rule phases. To view OEPA's responses to the comments, click on the bolded names in the preceding sentence to follow a link to the document.
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Monday, December 1, 2008
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- Chris Korleski, Director of Ohio EPA, has submitted comments on regulating greenhouse gas emissions under the Clean Air Act.
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Friday, November 28, 2008
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- 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. Please see the rule language, synopsis and public notice for information on the draft language and how to submit comments. These documents can be accessed by clicking on the bolded titles in the preceding sentence, which are links to the documents.
- Ohio EPA has completed draft language for amended rules in Ohio Administrative Code (OAC) Chapter 3745-105, "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 for information on the draft language and how to submit comments. These documents can be accessed by clicking on the bolded titles in the preceding sentence, which are links to the documents.
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Wednesday, November 26, 2008
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- Ohio EPA has refiled amended language for OAC rules 3745-15-01, 3745-15-02, 3745-15-04, 3745-15-05, 3745-15-08, and 3745-15-09. We are also proposing OAC rule 3745-15-06 to the Joint Committee on Agency Rule Review (JCARR) with no changes. These rules establish the general provisions for air pollution sources located in the State of Ohio. The rules were originally pulled from the rulemaking process to address comments received concerning the proposed rule changes. After reviewing the comments and meeting with commenters, it was determined that OAC rule 3745-15-06 was still necessary, however, the proposed changes were removed and the rule will be proposed to the JCARR as a no-change rule in accordance with the requirements of ORC 119.032. Please review the rule language, synopsis of changes to refiled rules, public notice for the no-change rule, and letter to commenters for details regarding changes made to the proposed rule language. These documents can be accessed by double clicking on their names, which are links to the documents. Please note, the refiled rules are not effective at this time. They will become effective at a future date after completion of a review by the Joint Committee on Agency Rule Review (JCARR). Please watch this website for future developments.
- Ohio EPA has refiled, for a second time, new language for rules in Ohio Administrative Code (OAC) chapter 3745-111, "ERC Banking Program." The new rules are being proposed to establish a voluntary emissions reduction credit (ERC) banking program for the purpose of emission offsets. The rules were again pulled from the rulemaking process to address comments received concerning the proposed rule changes. Please review the rule language for details regarding changes made. Please note, the refiled rules are not effective at this time. They will become effective at a future date after completion of a review by the Joint Committee on Agency Rule Review (JCARR). Please watch this website for future developments.
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Friday, November 21, 2008
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- Ohio EPA has completed draft language for new and amended rules in Ohio Administrative Code (OAC) rules 3745-17-02, 3745-17-03, 3745-17-08, 3745-17-14, 3745-18-02, 3745-18-03, 3745-3745-21-02, 3745-23-01,
3745-23-02, 3745-25-01 to 3745-25-05, and 3745-71-02 to Consolidate the Ambient Air Quality Standards for the State of Ohio. The new and amended rules are related to the consolidation of Ohio's ambient air quality standards and the 5 year review of OAC chapter 3745-25 as required by Ohio Revised Code (ORC) 119.032. Specifically, Ohio EPA will be making the following changes:
Amendment of OAC rules: 3745-17-03, 3745-17-08, 3745-17-14, 3745-18-03
Rescission of rules and replacement with new language, OAC rules: 3745-23-01 and 3745- 25-01 to 3745-25-04
Rescission of rules with no replacement:, OAC rules: 3745-17-02, 3745-18-02, 3745-21-02, 3745-23-02, and 3745-71-02
Promulgation as new rule, OAC rule: 3745-25-05
As part of Ohio's state implementation plan (SIP) for attaining and maintaining the national ambient air quality standards (NAAQS), Ohio EPA adopted the federal standards into our state rules. The particulate matter (PM) standard was located in Ohio Administrative Code (OAC) Chapter 3745-17, sulfur dioxide (SO2) in 3745-18, carbon monoxide (CO) and ozone (O3) in 3745-21, nitrogen dioxide (NO2) in 3745-23 and lead (Pb) in 3745-71. The wide scattering of these standards throughout the various chapters often caused confusion among the regulated community, requiring them to perform extensive searches to find individual standards. The intent of this rulemaking effort is to consolidate Ohio's ambient air quality standards (AAQS) into a single rule to provide greater accessibility for the regulated community and the citizens of Ohio.
Ohio EPA is accepting comments on the new and amended draft language through Tuesday, December 23, 2008. Please see the rule language, synopsis and public notice for information on the draft language and how to submit comments. These documents can be accessed by clicking on the bolded titles in the preceding sentence, which are links to the documents. For rule information on specific chapters, please click on the Rule Language link and scroll down to the Drafts and notices under the specific chapter you are interested in.
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Friday, November 14, 2008
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- Ohio EPA is extending the draft rule language comment period for rules in Ohio Administrative Code (OAC) chapter 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related Materials Standards." Draft amendments have been prepared for OAC rules 3745-21-01, 3745-21-04, 3745-21-09, and 3745-21-18, and new language has been prepared for OAC rules 3745-21-22 through 3745-21-25. In addition to the new and amended rules, Ohio EPA will also be rescinding OAC rule 3745-21-11 as part of this rulemaking effort.
Ohio EPA will now be accepting comments through Friday, November 28, 2008. Please see the rule language, synopsis and interested party notice for additional information on the
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Thursday, November 13, 2008
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- Ohio EPA has refiled new language for rules in Ohio Administrative Code (OAC) chapter 3745-111, "ERC Banking Program." The new rules are being proposed to establish a voluntary emissions reduction credit (ERC) banking program for the purpose of emission offsets. The ERC banking program will provide for a more efficient way to generate, transfer and use ERCs in nonattainment areas within the State of Ohio. Rather than using our case-by-case method of verifying ERCs at the time of use, this program streamlines many procedural functions and creates an ERC banking system that publicly displays all available ERCs on the Ohio EPA website so that facilities in need of emission offsets know what is available before applying for a permit subject to major New Source Review. The rules were originally pulled from the rulemaking process to address comments received concerning the proposed rule changes. Please review the synopsis, the responsive summary to comments for the 37 day proposal comment period, and the responsive summary to comments for the 7 day informal commenter responsive period for details regarding changes made to the proposed rule language. These documents can be accessed by double clicking on their names, which are links to the documents. Please note, the refiled rules are not effective at this time. They will become effective at a future date after completion of a review by the Joint Committee on Agency Rule Review (JCARR). Please watch this website for future developments.
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Tuesday, October 14, 2008
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- Ohio EPA has completed draft language for new and amended rules in Ohio Administrative Code (OAC) Chapter 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related Materials Standards." Draft amendments have been prepared for OAC rules 3745-21-01, 3745-21-04, 3745-21-09, and 3745-21-18, and new language has been prepared for OAC rules 3745-21-22 through 3745-21-25. In addition to the new and amended rules, Ohio EPA will also be rescinding OAC rule 3745-21-11 as part of this rulemaking effort. The rules in this submittal are based on control technology guidelines (CTGs) issued by U.S. EPA in 2006 and 2007. The CTG-based rules are intended to address federal requirements, and along with the other rules in this submittal assist in achieving and maintaining the ozone national ambient air quality standard.
With the exception of OAC rule 3745-21-25, the proposed rules under this Chapter will apply to the eight "moderate" non-attainment counties located in the Cleveland/Akron, Ohio metropolitan area (i.e., Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit County). OAC rule 3745-21-25 will be applicable statewide.
We are accepting comments on the new and amended draft language through Friday, November 14, 2008. Please see the rule language, synopsis and public notice for information on the draft language and how to submit comments.
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Friday, October 10, 2008
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- Ohio EPA is proposing amended OAC rule 3745-108-07, ""Monitoring and Reporting" to the Joint Committee on Agency Rule Review. This rule is related to the Clean Air Mercury Rules (CAMR) program. DAPC is proposing these changes as a result of the vacatur of the federal CAMR program by the U.S. Court of Appeals for the District of Columbia, New Jersey v. Environmental Protection Agency, 51 7 F.3d 574 (D.C. Cir. 2008). This particular rule has a January 1, 2009 deadline for affected parties to submit certifications of the operation of, and quarterly reports for their mercury monitoring programs. DAPC has decided to delay the deadline two years to January 1, 2011. Delaying the deadline will allow time for appeals of the federal court decision to run their course and for US EPA to make final decisions regarding CAMR. In addition, keeping these deadlines a year later but still in this rule section may maintain further progress in the development of monitoring systems for mercury that will likely still be incorporated in subsequent federal/state rule making for mercury emissions from coal burning power plants.
The rules are being proposed after a public comment period of 15 days which ended September 3, 2008. Several comments were received during the comment periods. For Ohio EPA's responses, please see the responsive summary documents (linked to the bolded text above). We are holding a public hearing at 10:30 AM on Monday, November 17, 2008 in Conference Room C, 6th Floor, Ohio EPA, Lazarus Government Center, 50 W. Town St., Suite 700, Columbus, Ohio and requesting comments by November 17, 2008 on the above changes. Please see the rule language, synopsis, and the public hearing notice for information on the amended rule and how to submit comments.
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