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News and Updates
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| Monday, May 14, 2012 |
- Submittal of Clean Data Request to U.S. EPA for Logan County 2008 Lead Standard Partial Non-attainment Area
Ohio EPA has submitted a Clean Data Request to USEPA for the Logan County partial non-attainment area for the 2008 lead standard. The request asks USEPA to make a determination of attainment of the 2008 lead standard for the current nonattainment area in Logan County, Ohio. A clean data request and determination by USEPA does not relieve Ohio from Clean Air Act requirements or the requirement to submit redesignation requests before an area can officially be designated to attainment. As USEPA acts on our Clean Data Requests we will post information on our Lead SIP webpage.
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| Friday, May 11, 2012 |
- Availability of Draft Attainment Demonstration for Fulton County for the 2008 Lead Standard
In 2008 U.S. EPA revised the National Ambient Air Quality Standard (NAAQS) for lead lowering it from 1.5 ug/m3 to 0.15 ug/m3 as a rolling three-month average. Effective December 31, 2010, U.S. EPA promulgated the initial lead nonattainment areas for the revised lead standard across the country. The CAA Amendments requires states with lead nonattainment areas to submit a plan within eighteen months of the effective date of the designations (June 30, 2012) detailing how the lead standard will be attained by December 31, 2015. Ohio EPA has prepared a draft attainment demonstration State Implementation Plan for the partial Fulton County nonattainment area.
Public comments on this draft are being accepted through June 14, 2012. Ohio EPA will also be holding a public hearing on June 14, 2012 at 3:00 PM at the Wauseon Public Library, 117 E. Elm St., Wauseon, OH 43567. Please refer to the Public Notice for the hearing time and location and how to submit comments.
- Availability of Draft Attainment Demonstration for Cuyahoga County for the 2008 Lead Standard
In 2008 U.S. EPA revised the National Ambient Air Quality Standard (NAAQS) for lead lowering it from 1.5 ug/m3 to 0.15 ug/m3 as a rolling three-month average. Effective December 31, 2010, U.S. EPA promulgated the initial lead nonattainment areas for the revised lead standard across the country. The CAA Amendments requires states with lead nonattainment areas to submit a plan within eighteen months of the effective date of the designations (June 30, 2012) detailing how the lead standard will be attained by December 31, 2015. Ohio EPA has prepared a draft attainment demonstration State Implementation Plan for the partial Cuyahoga County nonattainment area.
Public comments on this draft are being accepted through June 13, 2012. Ohio EPA will also be holding a public hearing on June 13, 2012 at 3:00 PM at the Cuyahoga County Public Library, Parma-Ridge Branch, 5850 Ridge Road, Parma, Ohio 44129-3199. Please refer to the Public Notice for the hearing time and location and how to submit comments.
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| Friday, April 27, 2012 |
- Availability of Draft Redesignation Request and Maintenance Plan for the 24-hr and Annual PM 2.5 Standard in the Canton Area
Ohio EPA is making available for public comment the draft of the “Redesignation and Maintenance Plan for the Canton-Massillon, OH Annual and 24-Hour PM 2.5 Standards Nonattainment Area.” Air quality monitoring data for this area from 2009 to 2011demonstrated attainment for the 1997 annual PM2.5 standard of 15.0 ug/m3 and for the 2006 24-hour PM2.5 standard of 35 μg/m3. Ohio EPA will request the U.S. EPA to redesignate the Canton-Massillon area to attainment with respect to the both standards and approve Ohio’s maintenance plan. Public comments on this draft are being accepted through June 6, 2012.
Ohio EPA will be holding a public hearing at 2:30 PM on Wednesday, June 6, 2012 at the Stark Co Library, Sandy Valley Branch, 9754 Cleveland Avenue SE, Magnolia, OH 44643. Please see the draft Redesignation and Maintenance Plan for the Canton-Massillon PM2.5 Nonattainment Area and the public hearing notice on how to submit comments.
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| Thursday, April 26, 2012 |
- Availability of Draft Revised Redesignation Request and Maintenance Plan for the 1997 8-hr Ozone Standard in the Cincinnati-Hamilton Area
Ohio EPA has completed the draft Redesignation and Maintenance Plan for the Cincinnati-Hamilton, OH-KY-IN 8-Hour Ozone Nonattainment Area. Ohio EPA is now requesting a revision to the maintenance plan to update mobile emission projections and conformity budgets based on emission rates generated from U.S. EPA’s latest mobile emissions model, the Motor Vehicle Emission Simulation (MOVES) 2010. The Ohio portion of the Cincinnati-Hamilton area includes Butler, Clermont, Clinton, Hamilton and Warren Counties.
Ohio EPA is holding a public hearing on May 31, 2012 at 3:00 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. Please see the draft Redesignation and Maintenance Plan for the Cincinnati-Hamilton Ozone Nonattainment Area and the public hearing notice on proposal and how to submit comments.
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| Wednesday, April 18, 2012 |
- DAPC Requesting Stakeholder Input on Particulate Matter Standards Rules
The rules in Ohio Administrative Code (OAC) Chapter 3745-17 are currently undergoing a review as required by Ohio Revised Code 119.032 to determine if amendment is needed or if the rules should remain in force without change. 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. Any amendments made to this chapter will be submitted to USEPA as an amendment to Ohio’s SIP.
Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request . DAPC will be accepting comments on these rules through Monday, May 21, 2012.
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| Tuesday, April 17, 2012 |
- Submittal of Ohio’s Revised Recommended Designations for the 2010 1-hour SO2 Standard
On June 2, 2010, U.S. EPA strengthened the National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO2). U.S. EPA set a new 1-hour primary SO2 standard at 75 ppb and revoked the existing annual and 24-hr primary standards (for which Ohio had been in full attainment). On June 3, 2011, Ohio EPA submitted recommended attainment, unclassifiable and nonattainment areas under this standard. Those recommendations were based, in part, on air quality data from 2008 to 2010. Ohio EPA reviewed 2009 to 2011 air quality data and determined Belmont and Columbiana Counties are attaining the new standard. Ohio is requesting Belmont County be designated unclassifiable and Columbiana County be designated attainment. The requested designations for all other counties remain the same as provided in our June 3, 2011 submittal. Ohio EPA made public a draft of the revisions to Ohio’s original designation recommendations for the new 2010 1-hr SO2 standard. No comments were received. The revised recommendation request was submitted to USEPA on April 12, 2012.
- Submission of Redesignation Request for Ohio portion of the Steubenville-Weirton OH-WV PM 2.5 Non-attainment Area
Ohio EPA has submitted to USEPA a request for the redesignation to attainment of the Ohio portion of the Steubenville-Weirton OH-WV Annual PM2.5 Nonattainment Area (Jefferson County) with respect to the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). The current PM2.5 annual standard is 15.0 µg/m3. This redesignation request is being made after a public comment period ending April 3, 2012 and a public hearing held on April 3, 2012. One comment was received in support of the redesignation effort.
- Submission of Redesignation Request for Ohio portion of the Wheeling OH-WV PM 2.5 Non-attainment Area
Ohio EPA has submitted to USEPA a request for the redesignation to attainment of the Ohio portion of the Wheeling OH-WV Annual PM2.5 Nonattainment Area (Belmont County) with respect to the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). The current PM2.5 annual standard is 15.0 µg/m3. This redesignation request is being made after a public comment period ending April 5, 2012 and a public hearing held on April 5, 2012. No comments were received.
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| Thursday, April 12, 2012 |
- Availability of Draft Redesignation Request for Public Comment - Cleveland-Akron-Lorain 24-hr PM 2.5 Standard
Ohio EPA is making available for public comment, a draft of the “Redesignation Request and Maintenance Plan for the Cleveland-Akron-Lorain 24-Hour PM2.5 Nonattainment Area .” In 2006, U.S. EPA strengthened the primary 24-hour PM2.5 NAAQS from 65 μg/m3 to 35 μg/m3, and retained the current primary annual PM2.5 NAAQS at 15.0 μg/m3. The revised 24-hour PM2.5 standard was published on October 17, 2006 (71 FR 61144) and became effective on December 18, 2006. The standard is based on the 3-year average of the 98th percentile of 24-hour concentrations. Since that time, the air quality monitoring data for several urban areas have demonstrated attainment for the 2006 24-Hour PM2.5 standard. The Cleveland-Akron-Lorain area (Cuyahoga, Lake, Lorain, Medina, Portage, and Summit counties) has now measured air quality, based on 2008-2010 data, attaining the 2006 24-Hour PM2.5 standard. Ohio EPA will request the U.S. EPA to redesignate the Cleveland-Akron-Lorain area to attainment with respect to the 2006 24-Hour PM2.5 NAAQS and approve Ohio’s maintenance plan. This request documents that existing enforceable control measures are responsible for the observed improvement in air quality.
Public comments on this draft are being accepted through May 21, 2012. Ohio EPA will also be holding a public hearing at 2:30 PM on Monday, May 21, 2012 at Ohio EPA Northeast District Offices, 2110 East Aurora Road, Twinsburg, Ohio 44087. Please refer to the Public Notice for the hearing time and location and how to submit comments.
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| Wednesday, April 11, 2012 |
- Availability of Draft Redesignation Request for Public Comment - Steubenville-Weirton 24-hr PM 2.5 Standard
Ohio EPA is making available for public comment, a draft of the “Redesignation Request and Maintenance Plan for the Ohio Portion of the Steubenville-Weirton OH-WV 24-Hour PM2.5 Nonattainment Area .” This redesignation should not be confused with Ohio EPA’s recent request to U.S. EPA for redesignation of the 1997 Annual PM2.5 standards for which a separate hearing was held recently. In 2006, U.S. EPA strengthened the primary 24-hour PM2.5 NAAQS from 65 μg/m3 to 35 μg/m3, and retained the current primary annual PM2.5 NAAQS at 15.0 μg/m3. The revised 24-hour PM2.5 standard was published on October 17, 2006 (71 FR 61144) and became effective on December 18, 2006. The standard is based on the 3-year average of the 98th percentile of 24-hour concentrations. Since that time, the air quality monitoring data for several urban areas have demonstrated attainment for the 2006 24-Hour PM2.5 standard. The Ohio portion of the Steubenville-Weirton OH-WV area (Jefferson County, Ohio) has now measured air quality, based on 2008-2010 data, attaining the 2006 24-Hour PM2.5 standard. Ohio EPA will request the U.S. EPA to redesignate the Ohio portion of the Steubenville-Weirton OH-WV area to attainment with respect to the 2006 24-Hour PM2.5 NAAQS and approve Ohio’s maintenance plan. This request documents that existing enforceable control measures are responsible for the observed improvement in air quality.
Public comments on this draft are being accepted through May 16, 2012. Ohio EPA will also be holding a public hearing at 3:00 PM on Wednesday, May 16, 2012 at the Steubenville Library – Schiappa Branch, 4141 Mall Drive, Steubenville, OH 43952. Please refer to the Public Notice for the hearing time and location and how to submit comments.
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| Thursday, March 29, 2012 |
- Proposal of Ambient Air Quality Standard Rules
Ohio EPA has proposed amended Ohio Administrative Code (OAC) rules 3745-25-01 and 3745-25-02, to the Joint Committee on Agency Rule Review (JCARR). These rules contain the ambient air quality standards applicable to the state of Ohio and definitions used throughout the chapter. The primary reason for amending these rules is to update Ohio's ambient air quality standards to make them equivalent to their federal counterparts. Upon adoption of the new standards, these rules will be submitted to USEPA as a part of Ohio's State Implementation Plan (SIP) as required by the Clean Air Act.
Ohio EPA will be holding a public hearing on these rules on Monday, May 7, 2012 at 10:30 AM at Ohio EPA Central Office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. Please see the rule language, synopsis, and public hearing notice, for information on the proposed amended rule changes and how to submit comments.
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| Tuesday, March 27, 2012 |
- DAPC Requesting Stakeholder Input on General Conformity and Transportation Conformity Rules
The rules in Ohio Administrative Code (OAC) Chapters 3745-101 and 3745-102 are currently undergoing a review as required by Ohio Revised Code 119.032 to determine if amendment is needed or if the rules should remain in force without change. The rules in these two chapters implement Section 176(c) of the Clean Air Act and various other federal rules outlining the processes by which federally funded projects demonstrate that they will not cause or add to violations of the national ambient air quality standards. OAC Chapter 3745-101 regulates federally funded transportation projects in the state of Ohio, and OAC Chapter 3745-102 regulates general conformity actions. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request forms for OAC Chapters 3745-101 and 3745-102. DAPC will be accepting comments on these rules through Friday, April 27, 2012.
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| Tuesday, March 20, 2012 |
- DAPC Requesting Stakeholder Input on Automobile Painting Rules
Ohio EPA has identified the need to make amendments to the rule language for automobile painting lines contained in Ohio Administrative Code (OAC) rule 3745-21-09, "Control of emissions of volatile organic compounds from stationary sources and perchloroethylene from dry cleaning facilities". The Division of Air Pollution Control (DAPC) is requesting Stakeholder input to assist us in our preparation of these amendments. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request . DAPC will be accepting comments on these rules through Tuesday, April 3, 2012.
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| Monday, March 12, 2012 |
- Adoption of Amended GHG Tailoring Rules - Biomass Exemption
Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745-31-34 and 3745-77-11. These rules are related to the Greenhouse Gas Tailoring Rules and are a part of Ohio's NSR and Title V permitting programs. The rules add exemptions for facilities using biomass as a fuel and make the rules equivalent too but no more stringent than the federal Greenhouse Gas Tailoring Rules. These rules adopt in permanent form the language adopted under Governor's Emergency Order 2012-01K.
The rules will be effective as of Thursday, March 22, 2012 (see Public Notice of Adoption). The rules are being adopted after a a proposal comment period which ended February 8, 2012 and a public hearing held on February 8, 2012 in Columbus, Ohio. No comments were received on these rule amendments.
- Engineering Guide #34 - Procedures to Shut Down or Reinstate Emission Units or Facilities
This Guide was initially issued January 14, 1982 addressing the issue of appropriate permitting required after an emissions unit had been idle. The guide has been reviewed and updated to address all scenarios of when it is appropriate to consider an emissions unit or an entire facility as permanently shut down.
- Engineering Guide #81 - Emission Unit ID Assignment
Each regulated facility must have one or more emissions unit ID codes designated as part of the permitting process. The guide is intended to clarify emissions unit source prefix codes. These ID codes are assigned based on the type of equipment or operation and are numbered sequentially as they are added.
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| Friday, March 9, 2012 |
- DAPC Extending Comment Period for Open Burning Rules by One Week
Ohio EPA has recieved a request and has decided to extend the period to comment on the proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Regulations." Ohio EPA will extend the comment period by one week and is now accepting comments through Friday, March 16, 2012. For information on the rule amendments and how to submit comments, please see the rule language, synopsis, responsive summary, and public hearing notice.
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| Wednesday, March 7, 2012 |
- DAPC Requesting Stakeholder Input on NOx RACT Rules
The rules in Ohio Administrative Code (OAC) Chapter 3745-110, “Nitrogen Oxides - Reasonably Available Control Technology (RACT)” are currently undergoing a review as required by Ohio Revised Code 119.032. The Division of Air Pollution Control (DAPC) is requesting Stakeholder input to assist us in our review of these rules. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request . DAPC will be accepting comments on these rules through Friday, April 6, 2012.
- Digester Operations Model General Permits Available for Application
The Director of the Ohio EPA is making the model general permits for Digester Operations available for application and will begin accepting applications on March 7, 2012. The comment period of these general permits ended November 28, 2011. All general permit information including these applications may be obtained on Ohio EPA's General Permits Webpage .
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| Friday, March 2, 2012 |
- Engineering Guide #80 - Calculating Potential to Emit
This Guide is a final document and can be used in practice. However, DAPC will be accepting comments on this Guide through April 6, 2012. The comments will be evaluated and DAPC will update the guide as appropriate. Please address all questions and comments to Benjamin Halton at benjamin.halton@epa.state.oh.us or (614) 728-3809.
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| Monday, February 27, 2012 |
- DAPC Requesting Stakeholder Input on Clean Air Interstate Rules (CAIR)
The rules in Ohio Administrative Code (OAC) Chapter 3745-109, “Clean Air Interstate” are currently undergoing a review as required by Ohio Revised Code 119.032. The Division of Air Pollution Control (DAPC) is requesting Stakeholder input to assist us in our review of these rules. Instructions for providing comments and where to submit them are provided in the Public Notice . DAPC will be accepting comments on these rules through Friday, March 30, 2012.
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| Wednesday, February 22, 2012 |
- DAPC Requesting Stakeholder Input on Architectural and Industrial Maintenance Coating Rules
The rules in Ohio Administrative Code (OAC) Chapter 3745-113, “Architectural and Industrial Maintenance (AIM) Coatings” are currently undergoing a review as required by Ohio Revised Code 119.032. The Division of Air Pollution Control (DAPC) is requesting Stakeholder input to assist us in our review of these rules. Instructions for providing comments and where to submit them are provided in the Public Notice . DAPC will be accepting comments on these rules through Friday, March 23, 2012.
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| Tuesday, February 21, 2012 |
- Adoption of Amended Asbestos Emission Control Rules
Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745-20-01, 3745-20-03 to 3745-20-13, and 3745-20-15. These rules contains emission limitations and reporting requirements for demolition, renovation, and manufacturing operations involving asbestos. The draft amendments in this chapter have been prepared after a draft review to fulfill the requirements of Ohio Revised Code (ORC) 119.032. It should be noted that two of the rules in this chapter have been reviewed and determined to be necessary but not require changes.
The rules will be effective as of Friday, March 2, 2012 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended November 7, 2011, a proposal comment period which ended January 9, 2012 and a public hearing held on January 9, 2012 in Columbus, Ohio.
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| Tuesday, February 14, 2012 |
- 2010 Toxic Release Inventory Report
The Toxic Release Inventory Report for reporting year 2010 is now available for download.
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| Monday, February 13, 2012 |
- DAPC Requesting Stakeholder Input on Consumer Products Rules
The rules in Ohio Administrative Code (OAC) Chapter 3745-112, “Consumer Products” are currently undergoing a review as required by Ohio Revised Code 119.032. The Division of Air Pollution Control (DAPC) is requesting Stakeholder input to assist us in our review of these rules. Instructions for providing comments and where to submit them are provided in the Public Notice . DAPC will be accepting comments on these rules through Friday, March 16, 2012.
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| Monday, February 6, 2012 |
- Adoption of Amended Small Business Assistance Rules
Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745-79-01 and 3745-79-03. These rules pertain to the small business assistance program, formerly housed within DAPC, which was created pursuant to Section 507 of the 1990 Clean Air Act Amendments. The functions of this program have been performed by OCAPP since 2005. The changes to these rules are minor in nature and are being made as part of a review to fulfill the requirements of ORC 119.032 (5-yr review).
The rules will be effective as of Thursday, February 16, 2012 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended November 5, 2011, a proposal comment period which ended January 9, 2012 and a public hearing held on January 9, 2012 in Columbus, Ohio. No comments or testimony on the rules were recieved.
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| Friday, February 3, 2012 |
- Availability of Draft Ambient Air Quality Rules for Comment
Ohio EPA has completed draft amendments for Ohio Administrative Code (OAC) Rules 3745-25-01 and 3745-25-02. These rules contain the ambient air quality standards applicable to the state of Ohio and definitions used throughout the chapter. The primary reason for amending these rules is to update Ohio's ambient air quality standards to make them equivalent to their federal counterparts and to update information on the availability and version of items referenced in this chapter. Upon adoption of the new standards, these rules will be submitted to USEPA as a part of Ohio's State Implementation Plan as required by the Clean Air Act. Additionally, Ohio EPA has prepared a Business Impact Analyis (BIA) to submit to the Common Sense Initiative (CSI) Office to fulfill the requirements of Senate Bill 2. The form is also presented for comment along with the rule language below.
Ohio EPA is accepting comments on the draft rule language and the BIA form through Wednesday, March 7, 2012. Please see the rule language, synopsis, BIA form and public notice for information on the draft language and how to submit comments.
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| Wednesday, February 1, 2012 |
- Final General Permit Issued for Shale Oil & Gas Well-Sites
Ohio EPA has issued a final air general permit to cover production operations at shale gas well sites. The general permit will ensure the air around production sites is safe while providing business with the most efficient option to get operations up and running. Applicants who meet the qualifying criteria, terms and conditions of the general permit can expect to receive Ohio EPA’s approval within several weeks of applying.
The general permit covers a variety of emissions sources found at most shale gas well sites, including internal combustion engines, generators, dehydration systems, storage tanks and flares. It contains emissions limits, operating restrictions, and monitoring, testing and reporting requirements.
On October 20, 2011, Ohio EPA issued a draft air general permit and accepted public comments through November 28. Numerous suggestions were received, considered and incorporated into the permit before it was issued final. As a result, the final general permit:
• restricts normal flare operation, increases total flare capacity and allows for emergency flaring to safely burn gas during malfunctions;
• requires installation of newer spark ignition internal combustion engines if total horsepower is to exceed 1300;
• removes a limit on the number of storage tanks and replaces it with a limit on the total volume of material stored in tanks;
• increases allowable dehydrators from one to two;
• removes unpaved roadways as an emissions unit (it is covered under another existing general permit); and
• removes the natural gas micro turbine emissions unit (it was determined to be exempt
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| Monday, January 30, 2012 |
- Proposal of Open Burning Rules
Ohio EPA has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Regulations" to the Joint Committee on Agency Rule Review (JCARR). These rules contain Ohio EPA's open burning regulations. The amendments are primarily minor for clarification and to update formatting conventions. Ohio EPA has also removed the notification requirements for law enforcement agencies who wish to destroy seized marijuana by burning.
Ohio EPA will be holding a public hearing on this rule on Friday, March 9, 2012 at 10:30 AM at Ohio EPA Central Office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. The rules are being proposed after a draft comment period ending August 19, 2011. Please see the rule language, synopsis, responsive summary, and public hearing notice, for information on the proposed amended rule changes and how to submit comments.
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| Thursday, January 12, 2012 |
- Availability of Draft Redesignation for the Parkersburg-Marietta PM 2.5 Annual Nonattainment Area
Ohio EPA is making available for comment a draft of the “Redesignation Request and Maintenance Plan for the Parkersburg-Marietta Annual PM2.5 Nonattainment Area” for public comment. On April 5, 2005, U.S. EPA designated 52 nonattainment areas nationwide for the 1997 annual PM2.5 standard. The designations included twenty-seven Ohio counties as nonattainment (nine nonattainment areas). Since that time, the air quality monitoring data for several urban areas have demonstrated attainment for the 1997 annual PM2.5 standard. Public comments on this draft are being accepted through February 16, 2012. Ohio EPA will also be holding a public hearing at 3:00 PM on Thursday, February 16, 2012 at the Marietta Library, 615 5th Street. Marietta, Ohio 45750. Please refer to the Public Notice for the hearing time and location and how to submit comments.
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| Tuesday, December 13, 2011 |
- Adoption of Amended Particulate Matter Rule
Ohio EPA has adopted amended Ohio Administrative Code (OAC) rule 3745-17-11, "Restrictions on particulate emissions from industrial processes" to the Joint Committee on Agency Rule Review (JCARR). This rule is related to the control of particulate emissions from industrial sources. This rule was previously finalized and became effective on February 1, 2008. This rule was conditionally approved by U.S. EPA into the Ohio State Implementation Plan (SIP) on December 27, 2010. In order to obtain full approval of the rule into Ohio's SIP, Ohio EPA agreed to incorporate an additional change which was documented in U.S. EPA’s final Federal Register dated October 26, 2010 (75 FR 65567). This change addresses concerns raised by U.S. EPA regarding paragraph (A)(1)(l) of Ohio’s final rule.
The rule will be effective as of Friday, December 23, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended August 26, 2011, a proposal comment period which ended November 15, 2011 and a public hearing held on November 15, 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.
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| Wednesday, November 30, 2011 |
- Proposal of Asbestos Emission Control Rules
Ohio EPA has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-20, "Asbestos Emission Control" to the Joint Committee on Agency Rule Review. This chapter contains emission limitations and reporting requirements for demolition, renovation, and manufacturing operations involving asbestos. The draft amendments in this chapter have been prepared after a draft review to fulfill the requirements of Ohio Revised Code (ORC) 119.032. It should be noted that two of the rules in this chapter have been reviewed and determined to be necessary but not require changes.
Ohio EPA will be holding a public hearing on these rules on Monday, January 9, 2012 at 10:00 AM at Ohio EPA Central office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. The rules are being proposed after a draft comment period ending November 7, 2011. Please see the rule language, synopsis, responsive summary to coments and public hearing notice, for information on the proposed amended rule changes and how to submit changes.
- Proposal of Adjudication and Administrative Rules
Ohio EPA has proposed new and amended rules in Ohio Administrative Code (OAC) Chapters 3745-47 and 3745-49 to the Joint Committee on Agency Rule Review (JCARR). The rules in these chapters contain the adjudication procedures of the agency and other administrative procedures. The rules are being proposed after a review to fulfill the requirements of ORC 119.032 (5-yr review).
Ohio EPA will be holding a public hearing on these rules on Thursday, January 5, 2012 at 10:30 AM at Ohio EPA Central office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. Pursuant to Part D of Title I of the Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). These rules are a part of Ohio's SIP and the proposed amendments will be submitted to USEPA as a modification of the SIP. The above-mentioned hearing shall be considered the public hearing for the SIP submittal. To view the proposed rule language, please click HERE.
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| Friday, November 18. 2011 |
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| Monday, October 31, 2011 |
- Adoption of Acid Rain Program Rules
Ohio EPA has adopted amended, new and rescinded rules in Ohio Administrative Code (OAC) Chapter 3745-103, "Acid Rain Permits and compliance." These rules establish the Acid Rain program for control of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units. Ohio EPA has reviewed these rules as required by Ohio Revised Code (ORC) 119.032 (5-yr review). DAPC is proposing amendments to forty rules in this chapter for four reasons: (1) to revise the comment at the head of rules containing citations of referenced materials, to match language prescribed by the Legislative Services Commission; (2) to provide current effective dates for referenced materials; (3) to update the rule language in four rules to make it match the corresponding text in those federal acid rain rules that have been amended since the last 5-year review; and (4) to correct minor errors of punctuation or grammar. Ohio EPA has also determined that 24 of the rules in this chapter remain necessary but are without need of change.
The rules will be effective as of Thursday, November 10, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended June 13, 2011, a proposal comment period which ended October 3, 2011 and a public hearing held on October 3 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.
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| Tuesday, October 25, 2011 |
- Adoption of Amended TRI Program Rules
Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-100, "Toxic Chemical Release Reporting (TRI)." These rules contain the requirements for Ohio's TRI program. Amendments were made to bring the rules in line with federal requirements, to correct minor typographical errors, to fulfill the formatting requirements of the Legislative Services commission (LSC), and to add and update citation information on materials referenced in these rules. Ohio EPA also found OAC rules 3745-100-02, 3745-100-04, and 3745-100-06 to be necessary but without need for change.
The rules will be effective as of Friday, November 4, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended April 8, 2011, a proposal comment period which ended September 23, 2011 and a public hearing held on September 23 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.
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| Thursday, October 20, 2011 |
- Model General Permits for Oil & Gas Well Sites and Digester Operations available for comment
Two new facility type general permits have been posted for comment. The first is for oil and gas well sites that will be drilling into Marcellus or Utica shale. The second is for biomass digester operations. Both of these are now out for the official general permit 30-day comment period. See: the bottom of the General Permit web page for more information.
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| Wednesday, October 19, 2011 |
- Adoption of Amended SERC Rules
Ohio EPA and the State Emergency Response Commission (SERC) have adopted amended rules in Ohio Administrative Code (OAC) Chapters 3750-1, 3750-15, 3750-25, 3750-30, and 3750-50. The amendments are the result of a review to satisfy the requirements of ORC 119.032 (five-year review) and to ensure that SERC rules continue to be consistent with and equivalent in scope, content, and coverage with the Federal Emergency Planning and Community Right-to-Know Act (EPCRA).
The rules will be effective as of Saturday, October 29, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended April 18, 2011, a proposal comment period which ended July 14, 2011 and a public hearing held on July 14, 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.
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| Thursday, October 13, 2011 |
- Submission of Infrastructure SIP for Lead to USEPA
Ohio EPA has submitted to USEPA a request for approval of the Infrastructure State Implementation Plan for the 2008 Lead (Pb) National Ambient Air Quality Standard (NAAQS). This document confirms that Ohio EPA continues to retain the resources necessary to evaluate ambient air quality, develop plans to attain new and existing ambient air quality standards, run a complete new source review program, and effectively enforce all applicable requirements.
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| Friday, October 7, 2011 |
- Availability of Draft Asbestos Emission Control Rules for Comment
Ohio EPA has completed draft amendments for rules in Ohio Administrative Code (OAC) Chapter 3745-20, "Asbestos emission control." This chapter contains emission limitations and reporting requirements for demolition, renovation, and manufacturing operations involving asbestos. The draft amendments in this chapter have been prepared after a draft review to fulfill the requirements of Ohio Revised Code (ORC) 119.032.It should be noted that two of the rules in this chapter have been reviewed and determined to be necessary but not require changes.
Ohio EPA is accepting comments on the draft rule language through Monday, November 7, 2011. Please see the rule language, synopsis and public notice for information on the draft language and how to submit comments.
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| Thursday, October 6, 2011 |
- Submission of Redesignation Request for Cleveland-Akron-Lorain PM 2.5 Non-attainment Area
Ohio EPA has submitted to USEPA a request for the redesignation to attainment of the Cleveland-Akron-Lorain nonattainment area (Ashtabula, Cuyahoga, Lake, Lorain, Medina, Portage and Summit Counties) with respect to the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). The current PM2.5 annual standard is 15.0 µg/m3.
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| Wednesday, September 7, 2011 |
- Availability of Statewide Lead Infrastructure SIP for Comment
Ohio EPA is making available for comment a draft of the “Approval Request for the Infrastructure State Implementation Plan for the State of Ohio” for public comment This document confirms that the Ohio EPA continues to retain the resources necessary to evaluate ambient air quality, develop plans to attain new and existing ambient air quality standards, run a complete new source review program, and effectively enforce all applicable requirements. Specifically, the Ohio EPA is submitting this documentation in order to comply with the SIP requirements under Section 110(a)(1) and Section 110(a)(2) of the Clean Air Act (CAA), for the 2008 Lead (Pb) standard. Public comments on this draft are being accepted through October 17, 2011. Ohio EPA will also be holding a public hearing at 1:30 PM on October 17, 2011 at the Ohio EPA Central Office, 50 West Town St., Columbus, Ohio. Please refer to the Public Notice for the hearing time and location and how to submit comments.
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| Tuesday, August 23, 2011 |
- Ohio EPA is making available draft amendments and new rules to Ohio Administrative Code (OAC) chapters 3745-47 and 3745-49. These chapters contain Ohio EPA's adjudication and administrative rules. The Ohio Environmental Protection Agency is in the process of conducting a review of these rules to satisfy requirements mandated by Ohio Revised Code (ORC) Section 119.032, which requires all state agencies to review each of their rules every five years to determine whether or not to continue the rules without change, amend the rules, or rescind the rules. Based on this review, Ohio EPA is recommending that the existing rules in OAC chapter 3745-47 be amended and that the "procedural" and "administrative" rules be separated and that the administrative rules be promulgated as new OAC chapter 3745-49.
We are accepting comments on the amended and new rule language through Friday, September 23, 2011. Please see the draft amended and new rules for information on the rule changes and the interested party notice for information on submitting comments.
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| Thursday, August 18, 2011 |
- Ohio EPA is making available for comment a draft of the “Redesignation Request and Maintenance Plan for the Cleveland-Akron-Lorain Annual PM2.5 Nonattainment Area” for public comment. On April 5, 2005, U.S. EPA designated 52 nonattainment areas nationwide for the 1997 annual PM2.5 standard. The designations included twenty-seven Ohio counties as nonattainment (nine nonattainment areas). Since that time, the air quality monitoring data for several urban areas have demonstrated attainment for the 1997 annual PM2.5 standard. Public comments on this draft are being accepted through September 23, 2011. Ohio EPA will also be holding a public hearing at 2:30 PM on September 23, 2011 at the Twinsburg Library, 10050 Ravenna Road, Twinsburg, Ohio 44087. Please refer to the Public Notice for the hearing time and location and how to submit comments.
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| Wednesday, August 17, 2011 |
- Ohio EPA has proposed amended and no-change rules in Ohio Administrative Code (OAC) chapter 3745-100, "Toxic Chemical Release Reporting (TRI)" to the Joint Committee on Agency Rule Review (JCARR). These rules contain the requirements for Ohio's TRI program. Amendments are being made to bring the rules in line with federal requirements, to correct minor typographical errors, to fulfill the formatting requirements of the Legislative Services commission (LSC), and to add and update citation information on materials referenced in these rules. Ohio EPA also finds OAC rules 3745-100-02, 3745-100-04, and 3745-100-06 to be necessary but without need for change.
Ohio EPA will be holding a public hearing on these rules on Friday, September 23, 2011 at 10:30 AM at Ohio EPA Central office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. The rules are being proposed after a draft comment period ending April 8, 2011. No comments were recieved. Please see the rule language, synopsis, and public hearing notice, for information on the proposed amended rule changes and how to submit changes.
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| Tuesday, August 16, 2011 |
- Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745-18-03, 3745-21-04, and 3745-71-03, and new OAC rule 3745-71-01. Ohio EPA has also rescinded OAC rules 3745-71-04, 3745-71-05, and 3745-71-06 as these rules were determined to no longer be needed. The rules are related to the regulation of emissions of lead from stationary sources. Amendments were made to update or remove attainment dates for obselete standards and to make minor changes to formatting and style in accordance with the requirements of ORC 119.032 (5-yr review).
The rules will be effective as of Friday, August 26, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended April 18, 2011, a proposal comment period which ended July 14, 2011 and a public hearing held on July 14, 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.
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| Wednesday, August 10, 2011 |
- Ohio EPA and the State Emergency Response Commission (SERC) have proposed amended rules in Ohio Administrative Code (OAC) Chapters 3750-1, 3750-15, 3750-25, 3750-30, and 3750-50 to the Joint Committee on Agency Rule Review (JCARR). The primary purpose of the review is to satisfy the requirements of ORC 119.032 (five-year review) and to ensure that SERC rules continue to be consistent with and equivalent in scope, content, and coverage with the Federal Emergency Planning and Community Right-to-Know Act (EPCRA).
Ohio EPA will be holding a public hearing regarding these rules on Monday, September 19, 2011 at 10:30 AM at Ohio EPA Offices in Columbus, Ohio. Please see the public notice for information on how to attend the hearing. Please see the rule language, synopsis and public notice for information on the proposed rule language and how to submit comments.
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| Friday, July 29, 2011 |
- On July 29, 2011, Ohio EPA issued for comment draft Qualifying Criteria and draft Model General Permit terms and conditions for natural gas well site operations. See the bottom of the web page: http://www.epa.ohio.gov/dapc/genpermit/genpermits.aspx for links to these materials. Comments are being solicited now in order to help the Ohio EPA develop an appropriate General Permit. The official General Permit 30-day comment period will occur later.
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| Tuesday, July 19, 2011 |
- Ohio EPA has completed draft amendments for rules in Ohio Administrative Code (OAC) 3745-19. These rules contain Ohio EPA's open burning regulations. The amendments are primarily minor for clarification and to update formatting conventions. Ohio EPA has also removed the notification requirements for law enforcment agencies who wish to destroy siezed marijuana by burning. Finally, Ohio EPA is working with the Common Sense Initiative (CSI) Office on this rulemaking as a pilot in preparation for the implementation of Senate Bill 2. Ohio EPA is seeking comments and feedback on the draft CSI Pilot Form, which is being released and can be found with the draft rules.
Ohio EPA is accepting comments on the draft rule language and the CSI Pilot form through Friday, August 19, 2011. 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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| Wednesday, June 29, 2011 |
- On June 3, 2011 Ohio EPA submitted a draft recommendation to USEPA for area designations of attainment, unclassifiable and nonattainment under U.S. EPA’s newly revised 1-hour sulfur dioxide (SO2) standard. Subsequently, Ohio EPA received additional comments from Sierra Club after the close of the comment period. These comments have been considered and are being submitted as a part of the official SIP record although they have not resulted in changes to Ohio EPA’s June 3rd recommendation. The letter to U.S. EPA providing this supplement can be found here along with Sierra Club’s comments and Ohio EPA’s revised Responsive Summary to Comments.
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| Tuesday, June 28, 2011 |
- On January 22, 2010, USEPA substantially strengthened the primary National Ambient Air Quality Standard (NAAQS) for nitrogen oxides as measured by nitrogen dioxide (NO2). U.S. EPA set a new 1-hour primary NO2 standard at 100 ppb and retained the existing annual standard of 53 ppb (for which Ohio has been in full attainment). On January 5, 2011, Ohio EPA submitted a recommendation for area designations based on the most recent air quality data from 2008-2010. This recommendation was that no areas were exceeding the standard and because a new monitoring network will be established, the state should be designated as unclassifiable. USEPA has reviewed this recommendation and provided a response to Ohio on June 28, 2011. USEPA is proposing to designate all areas in Ohio as unclassifiable/attainment. USEPA is accepting comments on the preliminary designation decision for 30-days after an upcoming publication in the Federal Register. USEPA plans to promulgate the final designations by October 31, 2011.
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| Thursday, June 16, 2011 |
- On October 15, 2008, USEPA substantially strengthened the primary National Ambient Air Quality Standard (NAAQS) for lead by lower it from 1.5 micrograms per cubic meter (µg/m3) to 0.15 µg/m3. As a result, USEPA designated portions of Bellefontaine, Cleveland, and Delta, Ohio as non-attainment areas on November 16, 2010, based on data from the pre-2010 monitoring network. In addition, in 2010, Ohio EPA implemented an expanded monitoring network that included monitors in Cuyahoga County, Marion County, Stark County, and Trumbull County. On December 10, 2010, Ohio EPA submitted an updated recommendation based on the most recent air quality data from 2008-2010 and the expanded monitoring network. This recommendation was that no new areas were exceeding the standard and necessitated a nonattainment designation. USEPA has reviewed this recommendation and provided a response to Ohio on June 15, 2011. USEPA is in agreement with Ohio’s recommendation and is proposing to designate all additional areas in Ohio as unclassifiable/attainment. USEPA is accepting comments on the preliminary designation decision through August 15, 2011. USEPA plans to promulgate the second round of final designations by October 14, 2011.
- Ohio EPA has proposed rules in Ohio Administrative Code (OAC) chapter 3745-76, "Control of Non-methane Organic Compound (NMOC) Emissions From Existing Landfills" to the Joint Committee on Agency Rule Review (JCARR). The proposal is being made after a review to fulfill the requirements of Ohio Revised Code (ORC) 119.032. Ohio EPA has determined that the rules remain necessary but do not require changes. The rules will continue in force as is pending a review by the JCARR.
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| Wednesday, June 8, 2011 |
- Ohio EPA has completed a review of Ohio Administrative Code (OAC) chapter 3745-76, "Control of Non-methane Organic Compound (NMOC) Emissions From Existing Landfills" to fulfill the requirements of Ohio Revised Code (ORC) 119.032. We have determined that the rules remain necessary but do not require changes. Ohio EPA is currently accepting comments through Ohio's Business Gateway Regulatory Reform website through Wednesday, June 15, 2011.
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| Friday, June 3, 2011 |
- Ohio EPA has submitted to USEPA a draft recommendation for area designations of attainment, unclassifiable and nonattainment under U.S. EPA’s newly revised sulfur dioxide (SO2) standard. On June 22, 2010, U.S. EPA strengthened the National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO2). U.S. EPA set a new 1-hour primary SO2 standard at 75 ppb and revoked the existing annual and 24-hr primary standards (for which Ohio had been in full attainment). The first step in addressing this new standard is for Ohio EPA to provide a recommendation on area designations based on 2008 to 2010 air quality data. U.S. EPA will then review Ohio’s recommendation and propose their final recommendations in 2012 for public comment. After consideration of comments, U.S. EPA must make final area recommendations by June 3, 2012. Based on 2008 to 2010 air quality data, Ohio EPA is making the following recommendations:
Recommend the following areas be designated nonattainment: All of Lake County and partial areas of the following Counties: Belmont (Mead, Pease, Pultney, and York Townships), Columbiana (Liverpool and Yellow Creek Townships), Jefferson (Cross Creek, Island Creek, Knox, Saline, Steubenville, Warren, and Wells Townships), Meigs (Salisbury Township), Gallia (Cheshire Township), Morgan (Center Township), and Washington (Waterford Township). The remainder of the partial nonattainment counties are recommended as unclassifiable.
Recommend that the following counties be designated attainment: Ashland, Brown,
Carroll, Champaign, Clinton, Crawford, Darke, Defiance, Delaware, Fairfield,
Fayette, Geauga, Hancock, Hardin, Harrison, Highland, Hocking, Holmes, Huron,
Jackson, Knox, Logan, Madison, Medina, Mercer, Miami, Morrow, Noble, Perry,
Portage, Preble, Putnam, Vinton, Warren, Williams, and Wyandot.
Recommend that the remaining counties in Ohio be designated unclassifiable.
- Ohio EPA submitted to USEPA a request for the redesignation to attainment of the Columbus nonattainment area (Coshocton, Delaware, Farifield, Franklin, and Licking Counties) with respect to the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). The current PM2.5 annual standard is 15.0 µg/m3.
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| Wednesday, June 1, 2011 |
- Ohio EPA has submitted to USEPA a request for the redesignation to attainment of the Dayton-Springfield nonattainment area (Clark, Greene and Montgomery Counties) with respect to the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). The current PM2.5 annual standard is 15.0 µg/m3.
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| Monday, May 16, 2011 |
- Model General Air Permits Available for Application
Notice is hereby given that the Director of Environmental Protection ("Ohio EPA") is making available for application through the Division of Air Pollution Control ("DAPC") three model general permits-to-install and operate ("MGPTIO") for mineral extraction, aggregate processing and portable aggregate processing. Ohio EPA provided a 30-day comment period on the draft MGPTIO terms and conditions beginning on September 1, 2010. After considering all comments received, Ohio EPA developed the final MGPTIOs and will begin accepting applications on May 16, 2011.
- Draft Model General Air Permits Available for Public Comment
Notice is hereby given that the Director of Ohio EPA is making available for public comment modified air pollution control MGPTIOs. These documents will be available for public comment through June 24, 2011.
Compression Ignition Internal Combustion Engines, uncertified pre-NSPS, 2006 model year or earlier: greater than 300 HP and less than or equal to 500 HP; greater than 500 HP and less than or equal to 600 HP; and greater than 600 HP and less than or equal to 1,100 HP.
The Ohio EPA, DAPC general permit program is regulated under Ohio Administrative Code ("OAC") 3745-31-29. This notice is being issued in order to fulfill the requirements of OAC Rule 3745-31-29(A)(3).
Additional information regarding the general permit program, copies of available MGPTIs, MGPTIOs terms and conditions, and instructions for applying for the MGPTIOs can be found on the Ohio EPA web page.
Questions regarding these general permits can be directed to Cheryl Suttman at Ohio EPA, (614) 644-3617, or mailed to Cheryl Suttman, Attn: General Permits, Ohio EPA, Division Air Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216-1049.
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